Evening star., 1946-01-23
Civil Service
.Cha||engesSix
Gill |Charges
FIemming Says Details
Are insufficient to
Conform to Rules

The Civil Service Commission
today stepped into the case of
Howard B. Gill by serving notice on
the Commissioners that six of tha
l6 charges preferred against the
general superintendent OF
District penal institutions are not
sufficiently detailed to meet civil
service rules.
The opinion was contained in q
letter from Arthur s. Flemming,
of the commission, to the city heads
who have the matter under con-
sideration.
Mr.. Fleming reviewed the charges
at the request Of Mr.. Gill, who has
been suspended since December 6 on
charges Of ineficiency. and incom-
potency, following the escape of five
prisoners from District Jail Novem-
ber "a.
The Commissioners were expected
to make decision today on
whether the Gill hearing shall be
open to the public, as requested by
the suspended official. Walter M.
Bastian, chairman of a three-man
board Of inquiry named to hear
the case, said the decision, as we'll
as selecting place for the hearing,
must come from the Commission
ers.
Claims Charges Vague.
Mr.. Gill has criticized some Of
the Board Of Public Welfare charges
as "too vague" and had intimated
he would ask a Qualification before
answering formally. He has until
tomorrow to file the answer.
Charges which Mr.. Flemming said
are mot stated in sufficient detail
to constitute a substantial COM
pliance with section l OF. rule IL"
were:
% That Mr.. Gill on various oc-
casions arbitrarily and uniustly
reprimanded members of the Gus
todial force of the Jail for enforc-
ing Board of Public Welfare rules
and regulations.
(2) That he on various occasions
arbitrarily and unjustly reprimanded
members of the Jail custodial staff
for enforcing orders issued by him.
self or by resident Superintendent
Claude o. Botkin of thesjail.
Interview System Scored.
CD That he permitted and en-
couraged jail inmates to interview
him personally and directly without
prior knowledge of the officers in
immediate charge of the inmates.
a. That in the presence of others
he reproved Jail officials and mem
berS Of the custodial staff in an
abusive and insulting manner.
90 That he issued verbal orders
contrary to existing written orders
without resembling the written
orders.
t6) That he authorized special
privileges for certain inmates.
Questions Removal.
Mr.. Flemming said that while
there may be some question as to
the suflciency of these particular
charges, "the question whether the
substantiation of some or any of
the remaining charges is sufficient
cause for removal rests with the ap-
pointing officer and this commission
is without authority to review his
determination"
Mr.. Flemming advised Mr.. Gill
that he was forwarding his opinion
to the Commissioners, but added
that in view of "the limited juris-
diction' of the Civil Service Com
mission in the matter of removals
he must caution Mr.. Gill not to re-
gard the opinion as a basis for
ignoring instructions of Welfare
Director Ray L. Huff to file answer
to the charges within 10 days of
their receipt.
Mr.. Bastian said the board of in
quiry appointed by Chief Justice
Bolitha j. Laws of District Court
had recommended a public hearing
for Mr.. Gill.
Recapture Of Three Involved.
At the time they asked Justice
Laws to appoint the three-man
hearing panel the Commissioners
suggested that Mr.. Gill's request for
a public hearing might be satisfied
by allowing newspapermen to at
tend as representatives of the
people
Members of the Board of Public
Welfare, which recommended Mr..
Gill's dismissal, have suggested that
an open hearing might prematurely
disclose facts essential to the re-
capture of three fugitives still at
large.
Mr.. Bastian said several organiza-
Itions had written requesting an open
hearing. Among them were legal.
social and civic groups which have
interceded in Mr.. Gill's behalf.
Assistant Corporation Counsel
Chester Gray said the Commission
ers had taken the position that the
hearing was administrative in
character" under provisions of the
civil service rules.
May Be Held at Jail.
The authority for conducting such
q 1lCo1 AlS 10 III lllC lldIldS VI GllS IG-
moving officer, which, in this case,
lis the Board of Commissioners,
which has the final word in dis
charging Mr.. Gill.
That part OF the hearing requiring
the attendance of District Jail guards
probably will be held at the jail so
as not to disrupt their routine more
than necessary, Mr.. Gray said.
He said he was asking Justice
Laws to provide a place for hear
ing sessions at which the jail
guards will not testify.
The board of inquiry met for the
first time yesterday and appointed
Mr.. Bastian chairman. Other men,
bers are Francis w. Hills, jr., who
like Mr.. Bastian, is a former pres
ident of the District Bar Associa-
ton, and Alfred w. Lawson, q
banker.
The board will meet again to.
morrow with Mr.. Gray and john
j. Wilson, an attorney represent
ing Mr.. Gill.
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