4 Admin. L. News 1 (1977-1978)

handle is hein.journals/admreln4 and id is 1 raw text is: FALL COUNCIL MEETING

The fall meeting of the Council of the Section
was held on September 17, 1977, in Washing-
ton, D.C. Over seventy-five officers, Council
members, committee chairpersons and others
were present, making attendance at this meet-
ing the largest in recent years.
Among the items considered by the Council
was a report and recommendation from the
Civil Service Law Committee that would revise
administrative functions of the Civil Service
Commission. As approved, the resolution
reads:
... the present adjudicatory functions of the
Civil Service Commission should be removed
from the Commission and placed in a separate
independent agency; and ... the present system
for resolving Federal Government employee
equal employment opportunity complaints,
under which the initial hearing officer simply
makes a recommended decision and the agency
against which the complaint is pending makes
the final decision, is inadequate to protect the
rights of employees and applicants for employ-
ment and should be changed so that decisions
of the newly created-independent adjudicatory
agency in the EEO area (as well as in other
areas) should be final and binding on agencies.
In accordance with the ABA Blanket Authority
procedures, the above resolution has been sent
to various interested ABA entities for clearance
prior to its submission to the Civil Service Com-
mission and the Task Force on Government
Reorganization. As of this writing, the prospect
of clearance is clouded by the possibility of ob-
jection from at least one other Section. If clear-
ance is not obtained under Blanket Authority,
the resolution will be submitted to the Associa-
tion's House of Delegates.
Peter Wolff, Chairman of the Educational Ad-
ministration Committee brought to the atten-
tion of the Council a Joint Project of the ABA
and the Institute of Judicial Administration on
Juvenile Justice Standards. Mr. Wolff re-
ported that the project has recently issued

VICTOR G. ROSENBLUM
Chairman
twenty-three volumes of draft standards. One
volume, Schools and Education is of particular
concern to his committee and to the Section,
and an analysis of the proposed Standards will
be a major project of the Educational Ad-
ministration Committee during the coming
months.
The Trade Regulation Committee, chaired by
Terrence Murphy submitted a resolution com-
menting adversely on the FTC's Final Rule ban-
ning all ex parte communications in rule
making proceedings (42 Fed. Reg. 43973-43974).
The comments, which were approved by the
Council, opposed new § 1.18(c), which reads as
follows:
Communications to Commissioners and their
attorney advisors. Except as provided by the
Commission, pursuant to § 1.14(a) of the Rules
of Practice, after commencement of a trade
regulation rule proceeding, no person not
employed by the Commission shall communi-
cate, orally or in writing, with any Commissioner
or any member of a Commissioner's personal
staff, with respect to the merits of that proceed-
ing. If a prohibited communication does occur,
the communication will be placed on the public
record on receipt. In the case of an oral com-
munication, the Commissioner or staff member
shall place on the public record a memorandum
setting forth the contents of such communica-
tion and the circumstances thereof. Such com-
munications or memoranda will not be part of
the rulemaking record.
The Section's critique of the new rule was sub-
mitted to the FTC on October 3 pursuant to
Blanket Authority procedures.

Copyright © 1977 American Bar Association

Produced by the ABA Press

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