The Board shall consist of 7 members as follows: a representative of the Mayor of the District of Columbia selected by the Mayor; a representative of the Board of Education selected by that Board; the Superintendent of the National Capital Parks ex-officio; and 4 members, who shall have been for 5 years immediately preceding their selection bona fide residents of the District of Columbia, appointed by the Mayor of the District of Columbia for a term of 4 years each, except the original appointments which shall be for terms of 1, 2, 3, and 4 years, respectively. The appointment of the 4 citizens shall be without regard to race, sex, or creed, and shall take judicious account of the various parent, civic, and other organizations through which residents of the District voice their civic wishes and advance the common welfare. The 2 members of the Board representing the Mayor and the Board of Education shall be designated annually by their respective agencies.
§ 10–203. Liability.
The members of the Board shall not be personally liable in damages for any official action of the said Board performed in good faith, nor shall any member of said Board be liable for any costs that may be taxed against them or the Board on account of any such official action; but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits brought against the municipality; nor shall the said Board or any of its members be required to give any supersedeas bond or security for costs or damages on any appeal whatever.
§ 10–204. Vacancies.
Vacancies shall be filled for the unexpired term by the agency which made the original selection.
§ 10–205. Compensation.
The members of the Board shall serve without compensation for such service.
§ 10–206. Officers; rules and regulations.
The Board shall select from among its citizen membership its Chairman and its Secretary and is hereby authorized and empowered to adopt all necessary rules and regulations for the conduct of its business.
§ 10–207. Meetings.
The Board shall hold stated meetings and such additional meetings as they may from time to time deem necessary. All meetings of the Board shall be open to the public.
Subchapter II. Functions and Administrative Responsibilities.
§ 10–211. Determination of general policy; supervision of expenditures.
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.
§ 10–212. Superintendent of Recreation; appointment and duties; qualifications; other employees; volunteer services.
(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.
§ 10–213. Comprehensive program for public recreation; leasing rights not affected.
(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.
§ 10–213.01. Disposition of fees.
Effective June 14, 1980, all fees and receipts from those activities for which the Department of Parks and Recreation determines to charge a fee shall be deposited in the General Fund.
§ 10–214. Annual budget.
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.
§ 10–215. Annual report.
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.
Subchapter III. Relationship to Other Agencies.
§ 10–221. Transfer of functions of Community Center and Playgrounds Department; transfer of unexpended funds.
All the functions of the Community Center and Playgrounds Department now under the joint control of the Mayor of the District of Columbia and the Board of Education are hereby transferred to and shall, after the effective date of this chapter, be vested in the said Recreation Board. The transfer of all such functions shall include transfer of the unexpended balance of the appropriation of the Community Center and Playgrounds Department, any unexpended balance in trust funds, and the salary of the coordinator now carried in the appropriation of the National Capital Parks.
§ 10–222. Control of lands, buildings, and other facilities.
The control of all land, buildings, and other facilities used by the Board shall be in accordance with agreements reached between the Board and the governmental agencies having jurisdiction over such properties.
§ 10–223. Powers of Board of Education, Mayor of District of Columbia, or National Park Service unabridged.
No power or authority conferred by this chapter shall be construed to abridge the powers of the Board of Education, the Mayor of the District of Columbia, or the National Park Service to refuse the use of any ground, building, or facility under their individual or collective control whenever the use of any such ground, building, or facility for recreational purposes would interfere with the use or purpose for which such ground, building, or facility was acquired or created, and nothing herein expressed or implied shall be construed to abrogate any powers vested in the Board of Education by the Organic Act of 1906 insofar as the control of public education and all necessary facilities and personnel is concerned.
§ 10–224. Agreements for maintenance and improvement of playgrounds, etc.; transfer of funds, etc.
The maintenance and improvement of all playgrounds and recreation areas and facilities now under the control of the Board of Education, or of the Mayor of the District of Columbia, or of the National Park Service, or which may hereafter be acquired by any of said agencies for said purpose, may be provided for by agreement between the Board and the Board of Education, the Council of the District of Columbia, and the National Park Service, respectively. The Board is hereby authorized to transfer to the said agencies such funds, equipment, and personnel as may be necessary to carry said agreements into effect.
§ 10–225. Services on reimbursable basis.
The Board is authorized to arrange with other governmental agencies for services on a reimbursable basis.
§ 10–226. Transfer of equipment, etc., of Community Center and Playgrounds Department.
All equipment, machinery, supplies, and materials of the Community Center and Playgrounds Department shall, on the effective date of this chapter, be transferred to the Board.
