Commission government

“ Honorable Judges, if we are ever to arrive at a solution of our municipal problem, we must concentrate municipal authority; we must co-ordinate departments, eliminate useless boards and committees and fix absolutely and completely individual responsibility. This, we propose to do by establishing a commission form of government, where all governmental authority is vested in one small body of men, who individually act as the heads of administrative departments, but who collectively pass the needed legislation. ”

“ Congress spends its time working, in sections, at preparing plans, instead of confining itself to what is for a numerous assembly manifestly the much more useful and proper function of debating and revising plans prepared beforehand for its consideration by a commission of skilled men, old in political practice and in legislative habit, whose official life is apart from its own, though dependent upon its will. ”

“ By this act the government established by the act of 1871 was abolished and the President by and with the advice and consent of the Senate was authorized to appoint a commission, consisting of three persons, to exercise the power and authority vested in the governor and the board of public works, except as afterwards limited by the act. ”

“ Honorable Judges, in our second speech we proved to you, that the commission provides a small but efficient legislative body, far superior to that of an isolated council. If you want municipal home rule, establish a form of government which makes it possible.
Mr. Charles Briggs replied for the Negative:
My colleague has proved that whatever the form of government, there must be a body capable of wise legislation, in fact, that there must be a body that is primarily legislative in character no matter what its connection or relation with the other departments of government. ”

“ The effectiveness of the commission form of government for cities to oust extra-legal government requires the election of each commissioner from a wieldy district, i.e., one not so large but that the candidate who is willing to run may be known with a fair degree of ease by the electorate and be able with the least expense to make a personal canvass. ”

“ The Commission shall be composed of not more than thirty-six members who shall be appointed from time to time by the President from among leaders in the private sector and the Executive branch of the Government. The President shall seek, so far as he deems practicable or advisable, to appoint up to seventy-five percent of the Commission membership from the ranks of Chief Executive Officers, Chief Operating Officers, Chairmen, Senior Partners or other individuals of comparable rank and stature from the private sector. ”

“ The King's commission to his governor, which grants the power of government, and directs the calling of a legislature, and the establishing courts, at the same time that it fixes the governor's power, according to the several powers and directions granted and appointed by the commission and instructions, adds, "and by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you, under our signet or sign manual, or by our order in our privy council." ”

“ This is the neat and feasible scheme for applying the essential principle of the commission form of government when a large representative assembly is a necessity. The method of selecting the single executive whose principal duty it is to place the executive power of the state from time to time in the control of a proper council of state, selected from among the leaders of a majority of the legislature, is not very important. Very likely the only practicable way would be by election at large at considerable intervals of time. ”

“ Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. ”

“ No officer or agency of the United States shall have any authority to require the Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. ”

“ The Chairman should be a person who will command the respect both of government and of the Service and should be given the authority and standing necessary to establish the Commission as an important and respected national institution, 45.⁠ We have agreed that the Public Service Commission should exercise its responsibilities in respect of all branches of the service other than the Judiciary and the Police. ”

“ The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of title 26. The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. ”

“ When a minister considers that some institution in his branch of the service requires to be reformed, he begins by submitting to the Emperor a formal report on the matter. If the Emperor agrees with his minister as to the necessity for reform, he orders a Commission to be appointed for the purpose of considering the subject and preparing a definite legislative project. The Commission meets and sets to work in what seems a very thorough way. ”

“ A commission for the administration of executive business, like the Civil Service Commission, is a very different thing from a committee endowed with discretion to pass upon the interests of free and equal citizens, not being itself either executive, legislative, or judicial. Such a body will inevitably become the engine of either one interest or another against the rest, or sink into nonentity. Such a commission lacks all the guarantees of justice and of correct civil action which we have established around our legislative, judicial, and executive institutions. ”

“ Commissioner, supra. It may be waived by any party, including the government. Peoria & P.U. Ry. Co. v. United States, 263 U.S. 528, 535, 536, 44 S.Ct. 194, 197, 68 L.Ed. 427; Industrial Addition Ass'n v. Commissioner, supra. The objection of the City of Cleveland which came after judgment had been rendered came too late. Cf. United States v. ”

“ Whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent, in which the Government does not have a property interest, might, in the opinion of the Commissioner of Patents, be detrimental to the national security, he shall make the application for patent in which such invention is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States. ”

“ The Congress may not delegate its purely legislative power to a commission, but, having laid down the general rules of action under which a commission shall proceed, it may require of that commission the application of such rules to particular situations and the investigation of facts, with a view to making orders in a particular matter within the rules laid down by the Congress. ”

“ The General Counsel shall have such other duties as the Commission may prescribe or as may be provided by law and shall concur with the Chairman of the Commission on the appointment and supervision of regional attorneys. The General Counsel of the Commission on the effective date of this Act shall continue in such position and perform the functions specified in this subsection until a successor is appointed and qualified. ”

“ The Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address. ”

“ The executive and Senate act on the construction, that until delivery from the executive department, a commission is in their possession, and within their rightful power; and in cases of commissions not revocable at will, where, after the Senate's approbation and the President's signing and sealing, new information of the unfitness of the person has come to hand before the delivery of the commission, new nominations have been made and approved, and new commissions have issued. ”

“ A commission was therefore constituted, under authority of Congress, consisting of gentlemen selected with special reference to their high character and capacity for the laborious work intrusted to them, who were instructed to visit the spot and report upon the facts. Other eminent citizens were requested to accompany the commission, in order that the people might have the benefit of their views. ”

“ Many of the States have revised their public acts with great and manifest benefit, and I recommend that provision be made by law for the appointment of a commission to revise the public statutes of the United States, arranging them in order, supplying deficiencies, correcting incongruities, simplifying their language, and reporting them to Congress for its action. ”

“ When it has become definitely understood that the proper functions of the commission are legislative and supervisory, and not legislative and administrative, charter framers desiring to construct upon the commission model will have a well-understood basis upon which to work, and questions which frequently perplex them at the present time will take care of themselves. ”

“ This unfortunate condition has been obviated by the adoption of the commission form which is found to be a success because it awakens civic interest, secures competent officials, and provides in the best possible manner for the legislative and administrative work of the city, centering power and responsibility in one small body of men. ”

“ Various powers in relation to charities have also by Act of Parliament been given to Charity Commissioners, whose records are also under the charge and superintendence of the Master of the Rolls.
The idea of a Commission as old as Domesday Book. The original idea of a commission, however, is as old as the oldest of the public records. A commission was, in principle, the delegation of an authority to certain persons for the performance of some particular duty, usually within a limited time. From the idea of a temporary Commission was developed the idea of a renewable or permanent Commission. ”

“ Each individual appointed to the Commission shall have the qualifications and expertise necessary to carry out the enhanced responsibilities accorded Commissioners under the Postal Accountability and Enhancement Act. Not more than 3 of the Commissioners may be adherents of the same political party. ”

“ Requirements applicable to recommendations Notwithstanding any other provision of this chapter, the recommendations submitted by the Commission to the President under section 357 of this title, and the recommendations transmitted by the President to the Congress under section 358 of this title, shall be in conformance with the following:
(1) Any recommended pay adjustment shall specify the date as of which it is proposed that such adjustment take effect. ”

“ For the administration of the Act a Civil Service Commission is created, consisting of two members appointed by the Governor in Council, who are to have no other office or employment, and who may employ necessary assistance for the examinations they conduct. ”

“ By a consular decree, Aug. 12, 1800, a commission was constituted " to compare the order which had been followed in the preparation of the projects for a civil code hitherto published, to determine the plan which the commissioners should think best to adopt, and to discuss the chief principles of civil legislation." Portalis, Tronchet, Bigot de Preameneu, Maleville, and the minister of justice were the commissioners. ”

“ The commissioner of streets explained what alterations should be made in the approaches, and the commissioner of finance knew in just what way the city could best pay for the improvement. Honorable Judges, such men are in a position to legislate with thoroughness. They are a commission council, the very nature of which makes it inevitable that they act with intelligence and efficiency. ”

“ Independent establishment For the purpose of this title, “independent establishment” means—
(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and (2) the Government Accountability Office. § 105. Executive agency For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment. ”

“ These are business departments carefully systematized by their heads. The legislative power is vested in the commission as a whole, over whose meetings the mayor-president presides; he has a vote like every other commissioner, and has no veto power. ”