Subchapter II. Functions and Administrative Responsibilities.


  • Current through October 23, 2012
  • The Board shall determine all questions of general policy relating to public recreation in and for the District of Columbia, and shall supervise and direct expenditure of all appropriations and/or other funds made available to the Board.

    (Apr. 29, 1942, 56 Stat. 262, ch. 265, art. II, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-211.

    1973 Ed., § 8-208.

    Miscellaneous Notes

    Recreation Board abolished: See Historical and Statutory Notes following § 10- 201.

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  • (a) The Board is hereby authorized to appoint a Superintendent of Recreation, which position is hereby authorized and created, who shall be the chief executive officer of the Board but not a member thereof, and shall be charged with the general organization, administration, and supervision of the program of public recreation contemplated and provided for by this chapter. The Superintendent shall be a person of such training, experience, and capacity as will especially qualify him to discharge the duties of the office. He shall possess those qualifications of education, training, and experience in recreation work as well as executive and administrative experience which will assure a thorough knowledge of current theory and practice in public recreation and give promise of the administrative ability necessary to administer a program of public recreation in and for the Nation's Capital.

    (b) The Board, upon the recommendation of the Superintendent, is empowered to appoint, promote, demote, and terminate the employment of such personnel as are necessary to carry out the purposes of this chapter. The Superintendent may suspend for cause for a period not exceeding 30 days any employee of the Board.

    (c) All present personnel of the Community Center and Playgrounds Department whose services have heretofore been rated satisfactory shall be retained by the Board with the understanding that this provision does not contemplate the continued employment of individuals whose service is inefficient, and such personnel shall continue to function under existing rules and regulations until such time as classification and civil service requirements have been effected.

    (d) The Superintendent and all other regular annual personnel of the Recreation Board shall be employees of the District of Columbia.

    (e) Upon recommendation of the Superintendent, the Board is authorized to employ, on a part-time basis, without regard to the prohibition against double salaries provided by § 58 of Title 5, United States Code, such teachers, custodial, and other employees of the United States, the District of Columbia, and the Board of Education, upon approval by the present employer, as may be necessary to keep in operation and to conduct therein appropriate phases of the recreation program authorized by this chapter.

    (f) The respective facilities of the United States, the District of Columbia, and the Board of Education shall, by the agreement of the respective agencies of the government having control of such facilities, be made available to the Board under the terms of this chapter.

    (g) The Superintendent is authorized to employ for a 90-day period as full- or part-time employees, such referees, umpires, swimming-pool guards and attendants, gymnasium and playground supervisors, and other similar special employees as may be necessary to carry out the recreation program authorized by this chapter; provided, that the retention in the District service of any such employees for a period longer than 90 days shall be subject to the approval of the Board.

    (h) The Board is authorized to accept upon recommendation of the Superintendent the gratis services of such persons as may volunteer to aid in the conduct of any of its activities.

    (Apr. 29, 1942, 56 Stat. 262, ch. 265, art. II, § 2; Oct. 28, 1949, 63 Stat. 972, ch. 782, title XI, § 1106(a); Apr. 23, 1958, 72 Stat. 97, Pub. L. 85- 383, § 1; Mar. 3, 1979, D.C. Law 2-139, § 3205(g), 25 DCR 5740.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-212.

    1973 Ed., § 8-209.

    Temporary Addition of Section

    Section 2 of D.C. Law 18-251 added a provision to read as follows:

    "Sec. 2. Summer safety plan for public pools.

    "The Mayor shall issue a report to the Council no later than 10 days from the effective date of the Summer Pool Safety Emergency Act of 2010, effective July 19, 2010 (D.C. Act 18-487), and on May 1st of each subsequent year, detailing a summer safety plan for District-operated public pools. The plan shall include:

    "(1) A review of the appropriate lifeguard-to-swimmer ratio;

    "(2) A lifeguard schedule plan for each public pool;

    "(3) A medical safety summary, including the availability of automated external defibrillator devices, for each public pool; and

    "(4) Feasibility of installing an automated drowning detection system in public pools."

    Section 4(b) of D.C. Law 18-251 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 2 of Summer Pool Safety Emergency Act of 2010 (D.C. Act 18-487, July 19, 2010, 57 DCR 7167).

    Legislative History of Laws

    Law 2-139, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978," was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.

    References in Text

    Section 58 of Title 5, United States Code, referred to in subsection (e) of this section, was repealed by the Act of August 19, 1964, 78 Stat. 492, Pub. L. 88-448, § 402(a)(1). See now § 5533 of Title 5, United States Code.

    Miscellaneous Notes

    Recreation Board abolished: See Historical and Statutory Notes following § 10- 201.

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  • (a) The Board shall have power and authority to adopt, conduct, direct, or cause to be conducted or directed, under its supervision, a comprehensive program of public recreation which shall include the operation and direction of games, sports, arts and crafts, hobby shops, music, drama, speech, nursery play, dancing, lectures, forum for informal discussion, and such other physical, social, mental, and creative opportunities for leisure-time participation as the Board shall deem advisable to offer in major recreation centers, playfields, athletic fields, playgrounds, tennis courts, baseball diamonds, swimming pools, beaches, golf courses, community centers, and social centers in schools, parks, or other publicly owned buildings, as well as other recreational facilities which may be agreed upon between the Board and the agencies having jurisdiction over such facilities. The public properties utilized by the Board for the above purposes shall include those designated by the National Capital Planning Commission, in accordance with a comprehensive plan, as suitable and desirable units of the District of Columbia recreational system.

    (b) Nothing in this chapter contained shall be construed as affecting any rights under any existing lease or leases lawfully entered into by any agency mentioned or affected by this chapter, nor shall anything in this chapter contained be construed as affecting the right of any such agency in the future lawfully to enter into leases of land or premises under its control for recreational purposes.

    (Apr. 29, 1942, 56 Stat. 263, ch. 265, art. II, § 3.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-213.

    1973 Ed., § 8-210.

    Transfer of Functions

    The functions, powers and duties of the National Capital Park and Planning Commission were transferred to the National Capital Planning Commission by the Act of June 6, 1924, 43 Stat. 463, ch. 270, § 9, as added by the Act of July 19, 1952, 66 Stat. 790, ch. 949, § 1.

    Miscellaneous Notes

    Recreation Board abolished: See Historical and Statutory Notes following § 10- 201.

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  • Effective June 14, 1980, all fees and receipts from those activities for which the Department of Recreation and Parks determines to charge a fee shall be deposited in the General Fund.

    (Apr. 29, 1942, ch. 265, art. II, § 4a, as added May 16, 1995, D.C. Law 10- 255, § 12, 41 DCR 5193.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-213.1.

    Legislative History of Laws

    Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1995, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.

    References in Text

    Pursuant to Mayor's Order 2000-20, the agency formerly known as the Department of Recreation and Parks shall be known as the Department of Parks and Recreation.

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  • The Board shall prepare and submit to the Mayor of the District of Columbia an annual budget itemizing the appropriations necessary for the performance of its functions and duties under this chapter, including appropriations necessary for the purchase of books, literature, newspapers, periodicals, technical reference material, trophies, and medals, and as provided in § 10-224, the Board's share of the cost of improvement, maintenance, and upkeep of the buildings and grounds used by the Board and which are under the jurisdiction of the Board of Education, the Mayor, or the National Park Service.

    (Apr. 29, 1942, 56 Stat. 263, ch. 265, art. II, § 5.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-214.

    1973 Ed., § 8-212.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Recreation Board abolished: See Historical and Statutory Notes following § 10- 201.

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  • The Board shall submit to the Mayor of the District of Columbia an annual report of its activities, together with recommendations for further activities and development, or curtailment.

    (Apr. 29, 1942, 56 Stat. 264, ch. 265, art. II, § 6.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 8-215.

    1973 Ed., § 8-213.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Recreation Board abolished: See Historical and Statutory Notes following § 10- 201.