[Federal Register Volume 59, Number 74 (Monday, April 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8589]
[[Page Unknown]]
[Federal Register: April 18, 1994]
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Part II
Postal Service
_______________________________________________________________________
39 CFR Parts 1 Through 8, et al.
Amendment to Bylaws of the Board of Governors; Final Rule
POSTAL SERVICE
39 CFR Parts 1 Through 8, 11, and 221
Amendment to Bylaws of the Board of Governors
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: On July 13, 1993, the Board of Governors of the United States
Postal Service adopted a revision to its bylaws. This final rule
incorporates those changes, which update and to some extent streamline
the Board's bylaws.
EFFECTIVE DATE: July 13, 1993.
FOR FURTHER INFORMATION CONTACT: Stanley F. Mires, (202) 268-2958.
SUPPLEMENTARY INFORMATION: The bylaws of the Board of Governors of the
United States Postal Service, 39 CFR parts 1 through 10, were initially
adopted after the passage of the Postal Reorganization Act in 1971, and
have been amended several times. On July 13, 1993, the Board of
Governors adopted a revision of these bylaws. Parts 1 through 8 of the
bylaws were changed, and a new part 11 was added. (Parts 9 and 10 of
the bylaws were not changed and are not republished here.) In addition,
39 CFR part 221 was amended. An explanation follows.
Part 1--Postal Policy (Article I)
Several changes were made to part 1 for conciseness. The former
language of Sec. 1.1 (a general description of the Postal Service) is
replaced by similar language taken from former Sec. 2.1, Establishment
of the U.S. Postal Service. Language formerly contained in Sec. 1.2,
The Board of Governors, also is transferred to the new Sec. 1.1.
Former Sec. 1.3, Delegation of authority, is renumbered as
Sec. 1.2. Finally, former Sec. 1.4, Open meetings, is moved to part 7,
Public Observation, and appears as paragraph 7.2(a).
Part 2--General and Technical Provisions (Article II)
Section 2.1 now describes the physical location and function of the
Office of the Board of Governors, and is derived from former Sec. 3.9.
The language of Sec. 2.2, Agent for receipt of process, is amended
to reflect that the General Counsel is also the agent for receipt of
process for each individual member of the Board when the member is
acting in his or her official capacity. The language of paragraph
2.4(b), which describes the Postal Service emblem, registered by the
U.S. Patent Office, is moved to Sec. 221.9 of part 221, General
Principles of Organization.
Part 3--Board of Governors (Article III)
Former Secs. 3.1 and 3.2 are combined into a new Sec. 3.1,
Responsibilities of Board, and language duplicating 39 U.S.C. 202 is
deleted. Duplicative language is likewise deleted from renumbered
Sec. 3.2, Compensation of Board.
For ease of reference, Sec. 3.3 is amended to contain only matters
reserved for decision by the full Board. New Sec. 3.4, by contrast,
contains matters reserved for decision by the Governors only.
Other changes in part 3 were made. New paragraph 3.3(c)(2) is added
to provide for Board approval of the Postal Service operating budget.
Language is added to paragraph 3.3(e) to provide that projects above an
amount specified by annual Board resolution must be brought to the
Board for approval. New language in paragraph 3.3(j) (approval of
borrowing authority) clarifies what is intended by the term ``short-
term borrowings,'' and it eliminates the phrase ``purchase money
obligations,'' which is no longer used in the finance industry.
Paragraph 3.3(k) (approval of terms and conditions of obligations
issued by the Postal Service) also is updated to parallel the new
language in paragraph 3.3(j).
Paragraph 3.3(m) (determination of number of officers) is
simplified to remove the titles of specific officer positions that
could change. Likewise, the names of specific positions were removed
from paragraph 3.3(n) (compensation of officers at Level II of the
Postal Career Executive Service).
Section 3.6 is revised to specify the types of key reports
currently provided to the Board. Paragraph 3.7(d) is added to enhance
program information provided to the Board. Section 3.8 is changed to
provide for furnishing the Board with information concerning proposals
for exclusive licenses to use Postal Service intellectual properties,
other than patents and technical data rights, or proposals for joint
ventures involving the use of such property. Section 3.9 is deleted;
its language describing the Office of the Board of Governors was
transferred to Sec. 2.1.
Part 4--Officers (Article IV)
Section 4.3, Postmaster General, is simplified to delete language
duplicating statutory language found at 39 U.S.C. 202(c) and 203.
Similarly, Sec. 4.4, Deputy Postmaster General, is simplified by
removing language duplicating 39 U.S.C. 202(d) and 203. Section 4.5 is
shortened by deleting outdated titles for officers. Section 4.7 is
changed to describe more closely the current duties of the Secretary of
the Board, and to clarify that the Secretary is appointed by the
Governors.
Part 5--Committees (Article V)
Section 5.3 is deleted as duplicative of the statutory language on
compensation of the Board in 39 U.S.C. 202(a).
Part 6--Meetings (Article VI)
Section 6.1 is amended to reflect that the Board meets normally on
the first Monday and Tuesday of each month. New language provides that
the time or place of a regular or annual meeting may be varied by a
unanimous vote.
Section 6.2 is changed to allow the Chairman to call special
meetings with more than 30 days' notice. Section 6.5 is amended to
provide that there is no need to require the preservation of the
Board's original minutes, as opposed to copies of those minutes.
Paragraph 6.6(c) is added to require a favorable vote of an absolute
majority of the Governors in office to appoint or remove the Secretary
or Assistant Secretary, and to set the compensation of the Secretary or
Assistant Secretary.
Part 7--Public Observation (Article VII)
Former Sec. 1.4, Open meetings, now appears as paragraph 7.2(a).
Other paragraphs of Sec. 7.2 are renumbered accordingly. Paragraph
7.2(c) is amended to require the approval of a majority of the Board
for a person to participate in, film, televise, or broadcast any
portion of any meeting of the Board. Paragraph 7.3(f) is altered to
extend its privacy protection to all individuals, not just those who
are under consideration for postal employment.
Part 8--(Reserved)
Part 8, Reports and Records [Article VIII], is deleted as
duplicative. Section 3.3 describes reports requiring approval of the
Board (see 39 CFR 3.3(c)(1) and 3.3(r-u)).
Part 9--Policy on Communications With Governors of the Postal Service
During Pendency of Rate and Classification Proceedings (Article IX)
Part 9 is unchanged.
Part 10--Code of Ethical Conduct for Postal Service Governors (Article
X)
Part 10 is unchanged.
Part 11--Advisory Boards (Article XI)
Part 11 is added to authorize the establishment of advisory boards
for the Board of Governors. This part also states that the Board of
Governors may appoint persons to serve on such advisory boards or may
delegate this authority to the Postmaster General.
Part 221--General Principles of Organization
Language pertaining to the Postal Service emblem, formerly found at
paragraph 2.4(b), now appears as Sec. 221.9.
List of Subjects in 39 CFR Parts 1 Through 8, 11, and 221
Administrative practice and procedure, Organization and functions
(Government agencies), Postal Service, Reporting requirements, Sunshine
Act.
In consideration of the foregoing, the Postal Service amends
subchapter A of title 39, Code of Federal Regulations, by revising
parts 1 through 8 and by adding part 11, and also amends subchapter D
of title 39, Code of Federal Regulations, by adding section 221.9.
1. Parts 1 through 7 are revised and part 8 is removed and
reserved, as follows:
PART 1--POSTAL POLICY (ARTICLE I)
Sec.
1.1 Establishment of the U.S. Postal Service.
1.2 Delegation of authority.
Authority: 39 U.S.C. 101, 202, 205, 401(2), 402, 403, 3621, as
enacted by Public Law 91-375.
Sec. 1.1 Establishment of the U.S. Postal Service.
The U.S. Postal Service is established under the provisions of the
Postal Reorganization Act (the Reorganization Act) of August 12, 1970,
Public Law 91-375, 84 Stat. 719, as an independent establishment of the
executive branch of the Government of the United States, under the
direction of a Board of Governors, with the Postmaster General as its
chief executive officer. The Board of Governors of the Postal Service
(the Board) directs the exercise of its powers through management that
is expected to be honest, efficient, economical, and mindful of the
competitive business environment in which the Postal Service operates.
The Board consists of nine Governors appointed by the President, by and
with the advice and consent of the Senate, to represent the public
interest generally, together with the Postmaster General and Deputy
Postmaster General.
Sec. 1.2 Delegation of authority.
Except for powers, duties, or obligations specifically vested in
the Governors by law, the Board may delegate its authority to the
Postmaster General under such terms, conditions, and limitations,
including the power of redelegation, as it finds desirable. The bylaws
of the Board are the framework of the system through which the Board
monitors the exercise of the authority it has delegated, measures
progress toward the goals it has set, and shapes the policies to guide
the future development of the Postal Service. Delegations of authority
do not relieve the Board of full responsibility for carrying out its
duties and functions, and are revocable by the Governors in their
exclusive judgment.
PART 2--GENERAL AND TECHNICAL PROVISIONS (ARTICLE II)
Sec.
2.1 Office of the Board of Governors.
2.2 Agent for receipt of process.
2.3 Offices.
2.4 Seal.
2.5 Authority.
2.6 Severability, amendment, repeal, and waiver of bylaws.
Authority: 39 U.S.C. 202, 203, 205(c), 207, 401(2), as enacted
by Pub. L. 91-375, and 5 U.S.C. 552b(f), (g), as enacted by Pub. L.
94-409.
Sec. 2.1 Office of the Board of Governors.
There shall be located in Washington, DC an Office of the Board of
Governors of the United States Postal Service. It shall be the function
of this Office to provide staff support for the Board, as directed by
the Chairman of the Board, to enable the Board to carry out effectively
its duties under the Reorganization Act.
Sec. 2.2 Agent for receipt of process.
The General Counsel of the Postal Service shall act as agent for
the receipt of legal process against the Postal Service, and as agent
for the receipt of legal process against the Board of Governors or a
member of the Board, in his or her official capacity, and all other
officers and employees of the Postal Service to the extent that the
process arises out of the official functions of those officers and
employees. The General Counsel shall also issue public certifications
concerning closed meetings of the Board as appropriate under 5 U.S.C.
552b(f).
Sec. 2.3 Offices.
The principal office of the Postal Service is located in
Washington, DC, with such regional and other offices and places of
business as the Postmaster General establishes from time to time, or
the business of the Postal Service requires.
Sec. 2.4 Seal.
(a) The Seal of the Postal Service is filed by the Board in the
Office of the Secretary of State, and is required by 39 U.S.C. 207 to
be judicially noticed. The Seal shall be in the custody of the General
Counsel, who shall affix it to all commissions of officers of the
Postal Service, and use it to authenticate records of the Postal
Service and for other official purposes. The following describes the
Seal adopted for the Postal Service:
(1) A stylized bald eagle is poised for flight, facing to the
viewer's right, above two horizontal bars between which are the words
``U.S. MAIL'', surrounded by a square border with rounded corners
consisting of the words ``UNITED STATES POSTAL SERVICE'' on the left,
top, and right, and consisting of nine five-pointed stars on the base.
(2) The color representation of the Seal shows, a white field on
which the bald eagle appears in dark blue, the words ``U.S. MAIL'' in
black, the bar above the words in red, the bar below in blue, and the
entire border consisting of the words ``UNITED STATES POSTAL SERVICE''
and stars in ochre.
BILLING CODE 7710-12-P
TR18AP94.000
BILLING CODE 7710-12-C
(b) The location and description of the Postal Service emblem is
described at 39 CFR 221.9.
Sec. 2.5 Authority.
These bylaws are adopted by the Board under the authority conferred
upon the Postal Service by 39 U.S.C. 401(2) and 5 U.S.C. 552b(g).
Sec. 2.6 Severability, amendment, repeal, and waiver of bylaws.
The invalidity of any provision of these bylaws does not affect the
validity of the remaining provisions, and for this purpose these bylaws
are severable. The Board may amend or repeal these bylaws at any
special or regular meeting, provided that each member of the Board has
received a written notice containing a statement of the proposed
amendment or repeal at least 5 days before the meeting. The members of
the Board may waive the 5 days' notice or the operation of any other
provision of these bylaws by unanimous consent, if that action is not
prohibited by law. The Secretary shall submit the text of any amendment
to these bylaws for publication in the Federal Register as soon as
practicable after the amendment is adopted by the Board.
PART 3--BOARD OF GOVERNORS (ARTICLE III)
Sec.
3.1 Responsibilities of Board.
3.2 Compensation of Board.
3.3 Matters reserved for decision by the Board.
3.4 Matters reserved for decision by the Governors.
3.5 Delegation of authority by Board.
3.6 Information furnished to Board--financial and operating
reports.
3.7 Information furnished to Board--program review.
3.8 Information furnished to Board--special reports.
Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 402, 1003,
3013; 5 U.S.C. 552b(g), (j).
Sec. 3.1 Responsibilities of Board.
The composition of the Board is described in 39 U.S.C. 202. The
Board directs the exercise of the powers of the Postal Service, reviews
the practices and policies of the Postal Service, and directs and
controls the expenditures of the Postal Service. Consistent with the
broad delegation of authority to the Postmaster General in Sec. 3.5 of
these bylaws, and except for those powers, duties, or obligations which
the Reorganization Act specifically vests in the Governors, as
distinguished from the Board of Governors, the Board accomplishes its
purposes by monitoring the operations and performance of the Postal
Service, and by establishing basic objectives, broad policies, and
long-range goals for the Postal Service.
Sec. 3.2 Compensation of Board.
Section 202(a) of title 39 provides for the compensation of the
Governors and for reimbursement for travel and reasonable expenses
incurred in attending Board meetings. Compensation is provided for not
more than 42 days of meetings per year.
Sec. 3.3 Matters reserved for decision by the Board.
The following matters are reserved for decision by the Board of
Governors:
(a) Election of the Vice Chairman of the Board.
(b) Adoption of, and amendments to, the bylaws of the Board.
(c) (1) Approval of the annual Postal Service budget program in
both tentative and final form, including requests for appropriations;
(2) Approval of the annual Postal Service operating budget.
(d) Approval of the annual financial statements of the Postal
Service following receipt of the annual report of the Postal Service's
independent, certified public accounting firm.
(e) Approval of the Postal Service Five-Year Capital Investment
Plans, including specific approval of each capital investment project,
each new lease/rental agreement, and each research and development
project exceeding such amount specified by resolution at the annual
Board meeting in January. In the case of any project or agreement
subject to the requirement of Board approval under this provision, the
expenditure of any funds in excess of the amount previously authorized
by the Board must be specifically approved by the Board. For the
purpose of determining the cost of a capital investment project, lease/
rental agreement, or research and development project,
(1) All such projects and agreements undertaken as part of a
unitary plan (either for contemporaneous or sequential development in
one of several locations) shall be considered one project or agreement,
and
(2) The cost of a lease/rental agreement shall be the present value
of all lease payments over the term of the lease, including all periods
covered by renewal options or all periods for which failure to renew
imposes a penalty or a hardship such that renewal appears to be
reasonably assured, plus the cost of any leasehold improvements planned
in connection with the lease/rental agreement. The present value will
be determined using the cost of capital of the Postal Service.
(f) Authorization of the Postal Service to request the Postal Rate
Commission to submit a recommended decision on changes in postal rates.
(g) Authorization of the Postal Service to request the Postal Rate
Commission to submit a recommended decision on changes in the mail
classification schedule.
(h) Determination of an effective date for changes in postal rates
or mail classification.
(i) Authorization of the Postal Service to request the Postal Rate
Commission to submit an advisory opinion on a proposed change in the
nature of postal services which will generally affect service on a
nationwide or substantially nationwide basis.
(j) Approval of any use of the authority of the Postal Service to
borrow money under 39 U.S.C. 2005, except for short-term borrowings,
having maturities of one year or less, assumed in the normal course of
business.
(k) Approval of the terms and conditions of each series of
obligations issued by the Postal Service under 39 U.S.C. 2005,
including the time and manner of sale and the underwriting
arrangements, except for short-term borrowings, having maturities of
one year or less, assumed in the normal course of business.
(l) Approval of any use of the authority of the Postal Service to
require the Secretary of the Treasury to purchase Postal Service
obligations under 39 U.S.C. 2006(b), or to request the Secretary of the
Treasury to pledge the full faith and credit of the Government of the
United States for the payment of principal and interest on Postal
Service obligations under 39 U.S.C. 2006(c).
(m) Determination of the number of officers, described in 39 U.S.C.
204 as Assistant Postmasters General, whether so denominated or not, as
the Board authorizes by resolution.
(n) Compensation of officers of the Postal Service whose positions
are included in Level II of the Postal Career Executive Service.
(o) Selection of an independent, certified public accounting firm
to certify the accuracy of Postal Service financial statements as
required by 39 U.S.C. 2008(e).
(p) Approval of official statements adopting major policy positions
or departing from established major policy positions, and of official
positions on legislative proposals having a major impact on the Postal
Service.
(q) Approval of all major policy positions taken with the
Department of Justice on petitioning the Supreme Court of the United
States for writs of certiorari.
(r) Approval and transmittal to the President and the Congress of
the annual report of the Postmaster General under 39 U.S.C. 2402.
(s) Approval and transmittal to the Congress of the annual report
of the Board under 5 U.S.C. 552b(j).
(t) Approval of the annual comprehensive statement of the Postal
Service to Congress under 39 U.S.C. 2401(g).
(u) Approval and transmittal to the Congress of the semi-annual
report of the Postmaster General under 39 U.S.C. 3013, summarizing the
investigative activities of the Postal Service.
(v) All other matters that the Board may consider appropriate to
reserve for its decision.
Sec. 3.4 Matters reserved for decision by the Governors.
The following matters are reserved for decision by the Governors:
(a) Appointment, pay, term of service, and removal of the
Postmaster General, 39 U.S.C. 202(c).
(b) Appointment, term of service, and removal of the Deputy
Postmaster General (by the Governors and the Postmaster General, 39
U.S.C. 202(d)); pay of the Deputy Postmaster General, 39 U.S.C. 202(d).
(c) Election of the Chairman of the Board of Governors, 39 U.S.C.
202(a).
(d) Approval of the budget of the Postal Rate Commission, or
adjustment of the total amount of the budget (by unanimous written vote
of the Governors in office, 39 U.S.C. 3604(d)).
(e) Action upon a recommended decision of the Postal Rate
Commission, including action to approve, allow under protest, reject,
or modify that decision, 39 U.S.C. 3625.
(f) Concurrence of the Governors with the Postmaster General in the
removal or transfer of the Chief Postal Inspector under 5 U.S.C. App.
8E(f).
(g) The Governors shall meet annually in closed session to discuss
compensation, term of service, and appointment/removal of the Secretary
and other necessary staff.
Sec. 3.5 Delegation of authority by Board.
As authorized by 39 U.S.C. 402, these bylaws delegate to the
Postmaster General the authority to exercise the powers of the Postal
Service to the extent that this delegation of authority does not
conflict with powers reserved to the Governors or to the Board by law,
these bylaws, or resolutions adopted by the Board. Any of the powers
delegated to the Postmaster General by these bylaws may be redelegated
by the Postmaster General to any officer, employee, or agency of the
Postal Service.
Sec. 3.6 Information furnished to Board--financial and operating
reports.
To enable the Board to monitor the performance of the Postal
Service during the most recent accounting periods for which data are
available, postal management shall furnish the Board (on a monthly
basis) financial and operating statements for the fiscal year to date,
addressing the following categories: (a) Mail volume by class; (b)
income and expense by principal categories; (c) balance sheet
information; (d) service quality measurements; (e) productivity
measurements (reflecting workload and resource utilization); and (f)
changes in postal costs. These statements shall include, where
applicable, comparable figures for the previous year and the current
year's plan.
Sec. 3.7 Information furnished to Board--program review.
(a) To enable the Board to review the Postal Service operating
program, postal management shall furnish the Board information on all
aspects of the Postal Service budget plan, including:
(1) The tentative and final annual budgets submitted to the Office
of Management and Budget and the Congress, and amendments to the
budget;
(2) Five-year plans, annual operating and investment plans, and
significant departures from estimates upon which the plans were based;
(3) The need for rate increases or decreases and the progress of
any pending rate cases and related litigation; and
(4) Debt financing needs, including a review of all borrowings of
the Postal Service from the U.S. Treasury and private sources.
(b) To enable the Board to review the effectiveness of the Postal
Service's equal employment opportunity program, performance data
relating to this program shall be furnished to the Board at least
quarterly. This data shall be categorized in such manner as the Board,
from time to time, specifies.
(c) Postal management shall also regularly furnish the Board
information regarding major programs for improving postal service or
reducing the cost of postal operations.
(d) Management shall furnish to the Board information regarding any
significant new program, major modification or initiative; any plan to
offer a significant, new or unique product or system implementation; or
any significant, new project not related directly to the core business
function of the Postal Service. For the purposes of this paragraph,
``significant'' means a project anticipated to have a notable or
conspicuous impact on (1) corporate visibility or (2) the operating
budget or capital investment budget.
Sec. 3.8 Information furnished to Board--special reports.
To insure that the Board receives significant information of
developments meriting its attention, postal management shall bring to
the Board's attention the following matters:
(a) Major developments in personnel areas, including but not
limited to equal employment opportunity, career development and
training, and grade and salary structures.
(b) Major litigation activities. Postal management shall also
notify the Board in a timely manner whenever it proposes to seek review
by any United States Court of Appeals of an adverse judicial decision.
(c) Any significant changes proposed in the Postal Service's system
of accounts or methods of accounting.
(d) Matters of special importance, including but not limited to
important research and development initiatives, major changes in Postal
Service organization or structure, major law enforcement activities,
and other matters having a significant impact upon the relationship of
the Postal Service with its employees, with any major branch of
Government, or with the general public.
(e) Information concerning any proposed grant of unique or
exclusive licenses to use Postal Service intellectual properties (other
than patents and technical data rights), or any proposed joint venture
involving the use of such property.
(f) Other matters having important policy implications.
PART 4--OFFICERS (ARTICLE IV)
Sec.
4.1 Chairman.
4.2 Vice Chairman.
4.3 Postmaster General.
4.4 Deputy Postmaster General.
4.5 Assistant Postmasters General, General Counsel, Judicial
Officer.
4.6 Chief Postal Inspector.
4.7 Secretary of the Board.
Authority: 39 U.S.C. 202, 203, 205, 401(2), (10), 1003, 3013.
Sec. 4.1 Chairman.
(a) The Chairman of the Board of Governors is elected by the
Governors from among the members of the Board. The Chairman:
(1) Shall preside at all regular and special meetings of the Board,
and shall set the agenda for such meetings;
(2) Shall select and appoint the Chairman and members of any
committee properly established by the Board;
(3) Serves a term that commences upon election and expires at the
end of the first annual meeting following the meeting at which he or
she was elected.
(b) If the Postmaster General is elected Chairman of the Board, the
Governors shall also elect one of their number to preside during
proceedings dealing with matters upon which only the Governors may
vote.
Sec. 4.2 Vice Chairman.
The Vice Chairman is elected by the Board from among the members of
the Board and shall perform the duties and exercise the powers of the
Chairman during the Chairman's absence or disability. The Vice Chairman
serves a term that commences upon election and expires at the end of
the first annual meeting following the meeting at which he or she was
elected.
Sec. 4.3 Postmaster General.
The appointment and role of the Postmaster General are described at
39 U.S.C. 202(c), 203. The Governors set the salary of the Postmaster
General by resolution, subject to the limitations of 39 U.S.C. 1003(a).
Sec. 4.4 Deputy Postmaster General.
The appointment and role of the Deputy Postmaster General are
described at 39 U.S.C. 202(d), 203. The Deputy Postmaster General shall
act as Postmaster General during the Postmaster General's absence or
disability, and when a vacancy exists in the office of Postmaster
General. The Governors set the salary of the Deputy Postmaster General
by resolution, subject to the limitations of 39 U.S.C. 1003(a).
Sec. 4.5 Assistant Postmasters General, General Counsel, Judicial
Officer.
There are within the Postal Service a General Counsel, a Judicial
Officer, and such number of officers, described in 39 U.S.C. 204 as
Assistant Postmasters General, whether so denominated or not, as the
Board authorizes by resolution. These officers are appointed by, and
serve at the pleasure of, the Postmaster General.
Sec. 4.6 Chief Postal Inspector.
The Postmaster General, in consultation with the Governors,
appoints the Chief Postal Inspector, certain of whose powers and duties
are delegated to the holder of that office by the Postmaster General,
consistent with these bylaws and the Reorganization Act. The Chief
Postal Inspector also holds the position of Inspector General, and for
purposes of the Inspector General Act of 1978, as amended by Public Law
100-504, 5 U.S.C. App. 8E(f), reports to and is under the general
supervision of the Postmaster General. The Postmaster General has the
power, with the concurrence of the Governors, to remove or transfer the
Chief Postal Inspector to another position or location within the
Postal Service. In the event of any such removal or transfer, the
Postmaster General must promptly notify both Houses of the Congress in
writing of the reasons for such removal or transfer.
Sec. 4.7 Secretary of the Board.
The Secretary of the Board of Governors is appointed by the
Governors and serves at the pleasure of the Governors. The Secretary
shall be responsible for carrying out the functions of the Office of
the Board of Governors, under the direction of the Chairman of the
Board. The Secretary shall also issue notices of meetings of the Board
and its committees, keep minutes of these meetings, and take steps
necessary for compliance with all statutes and regulations dealing with
public observation of meetings. The Secretary shall perform all those
duties incident to this office, including those duties assigned by the
Board or by the Chairman of the Board. The Chairman may designate such
assistant secretaries as may be necessary to perform any of the duties
of the Secretary.
PART 5--COMMITTEES (ARTICLE V)
Sec.
5.1 Establishment and appointment.
5.2 Committee procedure.
Authority: 39 U.S.C. 202, 203, 204, 205, 401(2), (10), 1003,
3013; 5 U.S.C. 552b (a), (b), (g).
Sec. 5.1 Establishment and appointment.
From time to time the Board may establish by resolution special and
standing committees of one or more members of the Board. The Board
shall specify, in the resolution establishing any committee, whether
the committee is authorized to submit recommendations or preliminary
decisions to the Board, to conduct hearings for the Board, or otherwise
to take action on behalf of the Board. Each committee may exercise only
those duties, functions, and powers prescribed from time to time by the
Board, and the Board may affirm, alter, or revoke any action of any
committee. Each member of the Board may have access to all of the
information and records of any committee at any time. The Chairman of
the Board shall appoint the chairman and members of each committee, who
serve terms which expire at the end of each annual meeting. Each
committee chairman may assign responsibilities to members of the
committee that are considered appropriate. The committee chairman, or
the chairman's designee, shall preside at all meetings of the
committee.
Sec. 5.2 Committee procedure.
Each committee establishes its own rules of procedure, consistent
with these bylaws, and meets as provided in its rules. A majority of
the members of a committee constitute a quorum, and may take action by
majority vote of the members present. Except as specifically provided
by statute, every portion of every meeting of every committee of more
than one member, which is authorized to submit recommendations or
preliminary decisions to the Board, to conduct hearings for the Board,
or otherwise to take action on behalf of the Board, is open to public
observation, and is subject to the requirements of Secs. 7.1 through
7.8 of these bylaws.
PART 6--MEETINGS (ARTICLE VI)
Sec.
6.1 Regular meetings, annual meeting.
6.2 Special meetings.
6.3 Notice of meetings.
6.4 Attendance by conference telephone call.
6.5 Minutes of meetings.
6.6 Quorum and voting.
Authority: 39 U.S.C. 202, 205, 401(2), (10), 1003, 3013; 5 U.S.C
552b (e), (g).
Sec. 6.1 Regular meetings, annual meeting.
The Board shall meet regularly each month and shall meet normally
on the first Monday and Tuesday of each month. The first regular
meeting of each calendar year is designated as the annual meeting.
Consistent with the provisions of Sec. 7.5 of these bylaws, the time or
place of a regular or annual meeting may be varied by a recorded
unanimous vote of the entire membership of the Board, with the earliest
practicable notice to the Secretary. The Secretary shall distribute to
the members an agenda setting forth the proposed subject matter for any
regular or annual meeting in advance of the meeting.
Sec. 6.2 Special meetings.
Consistent with the provisions of Sec. 7.5 of these bylaws, the
Chairman may call a special meeting of the Board at any place in the
United States, with not less than 8 days' notice to the other members
of the Board and to the Secretary, specifying the time, date, place,
and subject matter of the meeting. By recorded vote a majority of the
members of the Board may call a special meeting of the Board at any
place in the United States, with the earliest practicable notice to the
other members of the Board and to the Secretary, specifying the time,
date, place and subject matter of the meeting.
Sec. 6.3 Notice of meetings.
The Chairman or the members of the Board may give the notice
required under Sec. 6.1 or Sec. 6.2 of these bylaws in oral or written
form. Oral notice to a member may be delivered by telephone and is
sufficient if made to the member personally or to a responsible person
in the member's home or office. Any oral notice to a member must be
subsequently confirmed by written notice. Written notice to a member
may be delivered by telegram or by mail sent by the fastest regular
delivery method addressed to the member's address of record filed with
the Secretary, and except for written notice confirming a previous oral
notice, must be sent in sufficient time to reach that address at least
2 days before the meeting date under normal delivery conditions. A
member waives notice of any meeting by attending the meeting, and may
otherwise waive notice of any meeting at any time. Neither oral nor
written notice to the Secretary is sufficient until actually received
by the Secretary. The Secretary may not waive notice of any meeting.
Sec. 6.4 Attendance by conference telephone call.
Unless prohibited by law or by these bylaws, a member of the Board
may participate in a meeting of the Board by conference telephone or
similar communication equipment which enables all persons participating
in the meeting to hear each other and which permits full compliance
with the provisions of these bylaws concerning public observation of
meetings. Attendance at a meeting by this method constitutes presence
at the meeting, except that no Governor may receive compensation for
any meeting attended in this manner.
Sec. 6.5 Minutes of meetings.
The Secretary shall preserve the minutes of Board meetings prepared
under Sec. 4.7 of these bylaws. After the minutes of any meeting are
approved by the Board, the Secretary shall promptly make available to
the public, in the Communications Department at Postal Service
Headquarters, or in another place easily accessible to the public,
copies of the minutes, except for those portions which contain
information inappropriate for public disclosure under 5 U.S.C. 552(b)
or 39 U.S.C. 410(c).
Sec. 6.6 Quorum and voting.
As provided by 39 U.S.C. 205(c), the Board acts by resolution upon
a majority vote of those members who are present. No proxies are
allowed in any vote of the members of the Board. Any 6 members
constitute a quorum for the transaction of business by the Board,
except:
(a) In the appointment or removal of the Postmaster General, and in
setting the compensation of the Postmaster General and Deputy
Postmaster General, 39 U.S.C. 205(c)(1) requires a favorable vote of an
absolute majority of the Governors in office;
(b) In the appointment or removal of the Deputy Postmaster General,
39 U.S.C. 205(c)(2) requires a favorable vote of an absolute majority
of the Governors in office and the Postmaster General;
(c) In the appointment, removal, or in the setting of the
compensation of the Secretary, Assistant Secretary, or other necessary
staff, a favorable vote of an absolute majority of the Governors in
office is required;
(d) In the adjustment of the total budget of the Postal Rate
Commission, 39 U.S.C. 3604(c) requires a unanimous written vote of the
Governors in office;
(e) In the modification of a recommended decision of the Postal
Rate Commission, 39 U.S.C. 3625 requires a unanimous written vote of
the Governors in office; and
(f) In the approval, allowance under protest, or rejection of a
recommended decision of the Postal Rate Commission, the Governors act
upon a majority vote of the Governors present, and the required quorum
of 6 members must include at least 5 Governors;
(g) In the determination to close a portion of a meeting or to
withhold information concerning a meeting, 5 U.S.C. 552b(d)(1) requires
a vote of a majority of the entire membership of the Board; and
(h) In the decision to call a meeting with less than a week's
notice, 5 U.S.C. 552b(e)(1) requires a vote of a majority of the
members of the Board. In the decision to change the subject matter of a
meeting, or the determination to open or close a meeting, 5 U.S.C.
552b(e)(2) requires a vote of a majority of the entire membership of
the Board.
PART 7--PUBLIC OBSERVATION (ARTICLE VII)
Sec.
7.1 Definitions.
7.2 Open meetings.
7.3 Exceptions.
7.4 Procedure for closing a meeting.
7.5 Public notice of meetings, subsequent changes.
7.6 Certification and transcripts of closed meetings.
7.7 Enforcement.
7.8 Open meetings, Freedom of Information, and Privacy of
Information.
Authority: 39 U.S.C. 401(a), as enacted by Pub. L. 91-375, and 5
U.S.C. 552b(a)-(m) as enacted by Pub. L. 94-409.
Sec. 7.1 Definitions.
For purposes of Secs. 7.2 through 7.8 of these bylaws:
(a) The term ``Board'' means the Board of Governors, and any
subdivision or committee of the Board authorized under Sec. 5.1 of
these bylaws to submit recommendations or preliminary decisions to the
Board, to conduct hearings for the Board, or otherwise to take action
on behalf of the Board.
(b) The term ``meeting'' means the deliberations of at least the
number of individual members required to take action on behalf of the
Board under Sec. 5.2 or Sec. 6.5 of these bylaws, where such
deliberations determine or result in the joint conduct or disposition
of the official business of the Board. The term ``meeting'' does not
include any procedural deliberations required or permitted by
Secs. 6.1, 6.2, 7.4, or Sec. 7.5 of these bylaws.
Sec. 7.2 Open meetings.
(a) It is the policy of the United States, established in section 2
of the Government in the Sunshine Act, Public Law 94-409, 90 Stat.
1241, that the public is entitled to the fullest practicable
information regarding the decisionmaking processes of the Federal
Government. The Postal Service is charged to provide the public with
this information while protecting the rights of individuals and the
ability of the Government to carry out its responsibilities.
Accordingly, except as specifically permitted by statute, every portion
of every meeting of the Board of Governors is open to public
observation.
(b) Except as provided in Sec. 7.3 of these bylaws, every portion
of every meeting of the Board is open to public observation. Members of
the Board may not jointly conduct or dispose of business of the Board
without complying with Secs. 7.2 through 7.8 of these bylaws. Members
of the public may obtain access to documents considered at meetings to
the extent provided in the regulations of the Postal Service concerning
the release of information.
(c) Without the permission of a majority of the Board, no person
may participate in, film, televise, or broadcast any portion of any
meeting of the Board. Any person may electronically record or
photograph a meeting, as long as that action does not tend to impede or
disturb the members of the Board in the performance of their duties, or
members of the public while attempting to attend or observe a meeting
of the Board. The rules and penalties of 39 CFR 232.6, concerning
conduct on postal property, apply with regard to meetings of the Board.
Sec. 7.3 Exceptions.
Section 7.2 of these bylaws does not apply to a portion of a
meeting, and Secs. 7.4 and 7.5 do not apply to information concerning
the meeting which otherwise would be required to be disclosed to the
public, if the Board properly determines that the public interest does
not require otherwise, and that such portion of the meeting or the
disclosure of such information is likely to:
(a) Disclose matters that are (1) specifically authorized under
criteria established by an Executive order to be kept secret in the
interests of national defense or foreign policy, and (2) in fact
properly classified under that Executive order;
(b) Relate solely to the internal personnel rules and practices of
the Postal Service, including the Postal Service position in
negotiations or consultations with employee organizations.
(c) Disclose matters specifically exempted from disclosure by
statute (other than the Freedom of Information Act, 5 U.S.C. 552),
provided that the statute (1) requires that the matters be withheld
from the public in such a manner as to leave no discretion on the
issue, or (2) establishes particular criteria for withholding or refers
to particular types of matters to be withheld;
(d) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential, such as market
information pertinent to Postal Service borrowing or investments,
technical or patent information related to postal mechanization, or
commercial information related to purchases of real estate;
(e) Involve accusing any person of a crime, or formally censuring
any person;
(f) Disclose information of a personal nature, such as personal or
medical data regarding any individual if disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(g) Disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in those
records, but only to the extent that the production of those records or
information would (1) interfere with enforcement proceedings, (2)
deprive a person of a right to a fair trial or an impartial
adjudication, (3) constitute an unwarranted invasion of personal
privacy, (4) disclose the identity of a confidential source and, in the
case of a record compiled by a criminal law enforcement authority in
the course of a criminal investigation, or by an agency conducting a
lawful national security intelligence investigation, confidential
information furnished only by the confidential source, (5) disclose
investigative techniques and procedures, or (6) endanger the life or
physical safety of law enforcement personnel;
(h) Disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of an agency responsible for the regulation or supervision of
financial institutions;
(i) Disclose information the premature disclosure of which would be
likely significantly to frustrate implementation of a proposed action
of the Board, such as information relating to the negotiation of a
labor contract or proposed Postal Service procurement activity, except
that this provision does not apply in any instance where (1) the Postal
Service has already disclosed to the public the content or nature of
the proposed action, or (2) the Postal Service is required by law to
make such disclosure on its own initiative before taking final action
on the proposal; or
(j) Specifically concern the issuance of a subpoena by the Postal
Service, or the participation of the Postal Service in a civil action
or proceeding, such as a postal rate or classification proceeding, an
action in a foreign court or international tribunal, or an arbitration,
or the initiation, conduct, or disposition by the Postal Service of a
particular case of formal adjudication under the procedures of 5 U.S.C.
554 or otherwise involving a determination on the record after
opportunity for a hearing.
Sec. 7.4 Procedure for closing a meeting.
(a) A majority of the entire membership of the Board may vote to
close a portion of a meeting or to withhold information concerning a
meeting under the provisions of Sec. 7.3 of these bylaws. The members
shall take a separate vote with respect to each meeting a portion of
which is proposed to be closed to the public, or with respect to any
information which is proposed to be withheld, and shall make every
reasonable effort to take any such vote at least 8 days before the date
of the meeting involved. The members may take a single vote with
respect to a series of meetings, portions of which are proposed to be
closed to the public, or with respect to information concerning the
series, so long as each portion of a meeting in the series involves the
same particular matters, and no portion of any meeting is scheduled to
be held more than 30 days after the initial portion of the first
meeting in the series.
(b) Whenever any person whose interest may be directly affected by
a portion of a meeting requests that the Board close that portion to
the public for any of the reasons referred to in Sec. 7.3 (e), (f), or
(g) of these bylaws, upon request of any one of its members the Board
shall vote by recorded vote whether to close that portion of the
meeting.
(c) The Secretary shall record the vote of each member
participating in a vote under paragraph (a) or (b) of this section.
Within 1 day of any vote under paragraph (a) or (b) of this section,
the Secretary shall make publicly available a written copy of the vote
showing the vote of each member on the question. If a portion of a
meeting is to be closed to the public, the Secretary shall, within 1
day of the vote, make publicly available a full written explanation of
the action closing the portion, together with a list of all persons
expected to attend the meeting and their affiliation.
(d) If a committee of the Board determines that a majority of its
meetings may properly be closed to the public for any combination of
reasons referred to in Sec. 7.3 (d), (h), or (j) of these bylaws, it
may close a meeting or a portion of a meeting by a recorded vote of a
majority of its members at the beginning of the meeting or portion in
question. The Secretary shall promptly make available to the public a
written copy of the vote showing the vote of each member on the
question. Paragraphs (a), (b), and (c) of this section, and Sec. 7.5 of
these bylaws do not apply to any meeting or portion of a meeting closed
under this paragraph. However, at the earliest practicable time, the
Secretary shall publicly announce the time, place, and subject matter
of the meeting and each of its portions.
(e) Immediately following each public announcement required under
paragraphs (c) and (d) of this section, the Secretary shall submit for
publication in the Federal Register the text of the announcement or the
information made available. The Secretary shall also submit the
announcement or information to the Postal Service Public and Employee
Communications Department for dissemination to the public.
Sec. 7.5 Public notice of meetings, subsequent changes.
(a) At least one week before any meeting of the Board, the
Secretary shall publicly announce the time, date, place, and subject
matter of the meeting, whether it is to be open or closed to the
public, and the name and phone number of the official designated by the
Board to respond to requests for information about the meeting.
(b) By a recorded vote, a majority of the members of the Board may
determine that the business of the Board requires a meeting to be
called with less than a week's notice. At the earliest practicable
time, the Secretary shall publicly announce the time, date, place, and
subject matter of the meeting, and whether it is to be open or closed
to the public.
(c) Following the public announcement required by paragraphs (a) or
(b) of this section:
(1) As provided in Sec. 6.1 of these bylaws, the Board may change
the time or place of a meeting. At the earliest practicable time, the
Secretary shall publicly announce the change.
(2) A majority of the entire membership of the Board may change the
subject matter of a meeting, or the determination to open or close a
meeting to the public, if it determines by a recorded vote that the
change is required by the business of the Board and that no earlier
announcement of the change was possible. At the earliest practicable
time, the Secretary shall publicly announce the change, and the vote of
each member upon the change.
(d) Immediately following each public announcement required under
paragraphs (a), (b), or (c) of this section, the Secretary shall submit
for publication in the Federal Register a notice of the time, date,
place, and subject matter of the meeting, whether the meeting is open
or closed, any change in the preceding, and the name and phone number
of the official designated by the Board to respond to requests for
information about the meeting. The Secretary shall also submit the
announcement and information to the Postal Service Public and Employee
Communications Department for dissemination to the public.
Sec. 7.6 Certification and transcripts of closed meetings.
(a) At the beginning of every meeting or portion of a meeting
closed under Sec. 7.3 (a) through (j) of these bylaws, the General
Counsel shall publicly certify that, in his or her opinion, the meeting
or portion of the meeting may be closed to the public, stating each
relevant exemptive provision. The Secretary shall retain this
certification, together with a statement from the officer presiding at
the meeting which sets forth the time and place of the meeting, and the
persons present.
(b) The Secretary shall arrange for a complete transcript or
electronic recording adequate to record fully the proceedings to be
made of each meeting or portion of a meeting of the Board which is
closed to the public. The Secretary shall maintain a complete verbatim
copy of the transcript, or a complete electronic recording of each
meeting or portion of a meeting closed to the public for at least 2
years after the meeting, or for 1 year after the conclusion of any
Postal Service proceeding with respect to which the meeting was held,
whichever occurs later.
(c) Except for those items of discussion or testimony which the
Board, by a majority vote of those members who are present, determines
to contain information which may be withheld under Sec. 7.3 of these
bylaws, the Secretary shall promptly make available to the public, in
the Public and Employee Communications Department at Postal Service
Headquarters, or in another place easily accessible to the public, the
transcript or electronic recording of a closed meeting, including the
testimony of any witnesses received at the meeting. The Secretary shall
furnish a copy of this transcript, or a transcription of this
electronic recording disclosing the identity of each speaker, to any
person at the actual cost of duplication or transcription.
Sec. 7.7 Enforcement.
(a) Under 5 U.S.C. 552b(g), any person may bring a proceeding in
the United States Court of Appeals for the District of Columbia to set
aside any provisions of these bylaws which are not in accord with the
requirements of 5 U.S.C. 552b (a)-(f) and to require the promulgation
of provisions that are in accord with those requirements.
(b) Under 5 U.S.C. 552b(h) any person may bring a civil action
against the Board in an appropriate U.S. District Court to obtain
judicial review of the alleged failure of the Board to comply with 5
U.S.C. 552b (a)-(f). The burden is on the Board to sustain its action.
The court may grant appropriate equitable relief, including enjoining
future violations, or ordering the Board to make public information
improperly withheld from the public.
(c) Under 5 U.S.C. 552b(i) the court may assess against any party
reasonable attorney fees and other litigation costs reasonably incurred
by any other party who substantially prevails, except that the court
may assess costs against the plaintiff only if the court finds that he
initiated the suit primarily for frivolous or dilatory purposes.
Sec. 7.8 Open meetings, Freedom of Information, and Privacy of
Information.
The provisions of 5 U.S.C. 552b(c) (1)-(10), enacted by Public Law
94-409, the Government in the Sunshine Act, govern in the case of any
request under the Freedom of Information Act, 5 U.S.C. 552, to copy or
to inspect the transcripts or electronic recordings described in
Sec. 7.6 of these bylaws. Nothing in 5 U.S.C. 552b authorizes the Board
to withhold from any individual any record, including the transcripts
or electronic recordings described in Sec. 7.6 of these bylaws, to
which the individual may otherwise have access under 5 U.S.C. 552a,
enacted by the Privacy Act of 1974, Public Law 93-579.
PART 8--[RESERVED]
2. Part 11 is added, reading as follows:
PART 11--ADVISORY BOARDS [ARTICLE XI]
Sec.
11.1 Establishment.
Authority: 39 U.S.C. 202, 203, 204, 205, 401(2), (10), 402, 403,
1003, 3013, 5 U.S.C. 552b(a), (b) (g).
Sec. 11.1 Establishment.
The Board of Governors may create such advisory boards as it may
deem appropriate and may appoint persons to serve thereon or may
delegate such latter authority to the Postmaster General.
PART 221--GENERAL PRINCIPLES OF ORGANIZATION
3. The authority citation for part 221 is revised to read as
follows:
Authority: 39 U.S.C. 201, 202, 203, 204, 207, 401(2), 402, 403,
404; Inspector General Act of 1978, as amended (Pub. L. 95-452, as
amended), 5 U.S.C. App. 3.
4. Section 221.9 is added to read as follows:
Sec. 221.9 Postal Service emblem.
The Postal Service emblem, which is identical with the seal, is
registered as a trademark and service mark by the U.S. Patent Office.
Except for the emblem on official stationery, the emblem must bear one
of the following notations: ``Reg. U.S. Pat. Off.'', ``Registered in
U.S. Patent Office'', or the letter R enclosed within a circle.
Stanley F. Mires,
Chief Counsel, Legislative Division.
[FR Doc. 94-8589 Filed 4-12-94; 8:45 am]
BILLING CODE 7710-12-P
