§ 38–1102. Board of Higher Education — Composition; appointment; terms; compensation; removal; liability.

(a) The Federal City College shall be under the control of a Board of Higher Education, which shall consist of 9 members of whom not less than 5 shall have been residents of the District of Columbia for a period of not less than 3 years immediately prior to their appointments. The members of the Board (including all members appointed to fill vacancies on such Board) shall be appointed by the Mayor. The members of the Board shall select a chairman from among their number. Such members shall be appointed for terms of 3 years; except that the terms of office of the members 1st taking office shall expire, as designated by the Mayor at the time of appointment, 3 at the end of 1 year, 3 at the end of 2 years, and 3 at the end of 3 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. Members of the Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by § 5703 of Title 5, United States Code, for persons serving the government without compensation.

(b) The Mayor shall have the power to remove any member of the Board at any time for adequate cause, which relates to his character or to his efficiency as a member, after notice and opportunity for hearing.

(c) The members of the Board shall not be personally liable in damages for any official action of the Board in which such members participate, nor shall they be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever.

(Nov. 7, 1966, 80 Stat. 1426, Pub. L. 89-791, title I, § 102.)

Prior Codifications

1981 Ed., § 31-1402.

1973 Ed., § 31-1602.

Section References

This section is referenced in § 38-1101 and § 38-1201.03.

Cross References

Abolition of Board of Higher Education, see § 38-1202.08.

Editor's Notes

The Board of Higher Education and the Vocational Board were abolished on the day the Board of Trustees of the University of the District of Columbia convened its first meeting. See § 38-1202.08.

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.