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HomeMy WebLinkAboutOrdinances - No. 284ORDINAXCE NO. 284 AN ORDINANCE OF THE CITY OF LODI CREATING A DEPARTf?m OF CI'JILIAN DZFXNSE MEl 'PROVIDING FOR THE ORGAI!aZATION, PO1V.S AND DUTXES THFLZOF The City Council of the City of Lodi does ordain as follows: SECTIOK 1. Decla3;ation of Policy. The United States Office of Civilian Defense has recornend-ed basic changes in the organization and functions of local defense councils to meet present war needs. It has became increasingly evid-ent that many new activities vital to the war effort require central direction and control by local civilian defense organizations operating as official agencies of local goverment. and agricultural production, to conserve the available supgly of con- sumer goods, to help maintain a stabilized econofiiy and the highest possible standards of cormunity health and welfare, as it is of po- grms for the protection of Life ic17-li ?i-operty apiinst the hazard of I This is as true of pograms designed to aid- infiustrial enemy attack. Civilian d-efeiise LIO~~V^ rzquises the iictfve participation of every citizen. ~var in conformity vith federal and &ate recormendations were intended to be planning aad advisory agemiss rather than operating agencies. It now becomes necessary to establish a civilian defense organization ?issigned to organize, supervise and direct all wunicipl pograms Defense c01mci.1. or?-anizations established before the arising out of the war OT which require organized community action. SECTION 2. &k.e.~~~-n~. of Civilian Def%&sA. There is hereby estab- lished KLtliin the goverrment of the City of Lodi a department to be ~knovm as the Department of Civilian Dof ense, (hereinafter referred to i;s the L)epartm.ent), whi.ch shall. consist of: (A) A War Council; and (1) A Citizens Defense Corps, (2) A Citizens Service Corps. par-tment shall be subject to direction and control by the War Council, as hsreinaf$er provided. The Den \ SETION 3, War Council, The .War Council shall consfst of the Xayar, who shall be ex officio. chaiyman, the Comander of- the Citizen Defense Corps, the Director of the Citizens Servioe Corps, and the Coordinator for the 3Yar Council, which offices me hereby created. Such offices shall be filled by appoiiitluent .by the Mayor with the approval. of the City Council who shall also have the 3ower of removal of any of such aypointees. Any vacancy in the War Council shall be filled in the same manner as an original appointment thereto. SECTION 4. Powers ar,d Duties af War Council. It shall be the duty of the War Council, and it is liereby enPowered: SECTION 4a. To initiate, coordinate and direct, except as otherwise poaided by this ordinance, all activities mde necessary by the war which directly affect the city government or which require organized comami t y action. SECTION 4b, To prepare and recormend Tor consideration by the City Council, rules, regulatians or ordinances with respect to any mtter deemed by the War Council essential Lo th3 war effortt;, SECTION 4c, To prepare and issue an administrative aanual supple- asnting the provisions of this ordinance, defining procedures to be i'ollbwed and powers and duties to be ekercised by the officers and .. mmbers of the Department, whether volunteer or otherwise. SECTION 4d. To enforce the lawful orders, and comply with the re- quests and recormendations of the federal or state government or any officer or agency thereof, when specifically requested to do so. -3- Except as to the powers granted in Section 4b hereof, the %ar Council may delegate any of its powers, functions, or duties to the Coordinator for the War Council, %he Comrnander of the Citizens Defense Corps, or the Director of the Citizens Service Carps. SXCTI013 4c. To request, am? ugon approval by the dqartment head in charge thoreor", to obtain the transfer of' municipal personnel or prop- erty 011 either a teqorary 92: permanent basis from any other department 03 the city governaent, SXCFfOf? 4%. To propai.e and recommend a budget for the expenditu-re of 'moneys appopriated or na6e available to the de2artnent by the city and of moneys received by tlie city from private sources or from the state or federal goverment for any df the objects or purposes of the de;3artmentJ aiid to submit the same for approval by the city council. SECTION 4g. 'jJit1ii.n the limits of funcls made available to the 6epart- m.ent, and subject to a11 applicable requirements of law or ordinance. %he Xar Council shall hczve the !;ewer- to einploy necessary personnel, anG to acquire by purchase or lease such other facilities, equipment 2i13 supglies as me necessary to carry out the functions of the depart- E.t?llt 0 bSCTION 5. Y Coordinator -..--"-..-.-",----A-.- for the War _Council, The Coordinator for .C 1 bi3.3 Council (hereinafter referred to as the Coordinator) shall I:.:;. J~.., 5.~3 fcjllovjins g)o~ve:rs ard duties: + ~.. -1 .I. :- S?iCT13iT 5a, The Coordinatoy shall be the executive officer of the ;!far Co:niicil and. shall exercise such powers of general supervision over the ackivitiss of the de~artrilent including the Citizens Defense Corps and the Citizens Service COT'p:Ci, as the Vkir Souncil shall determine to be necessary to effect a -grocer Goordination of their activities. -4- SECTION 5b. The Coordinator shall organize and airect the work cf I the following administrative agencies of the War Council: (1) A Volunteer- Office, which shall serve as the recruiting uff'ice for the department. The Coordinator shall appoint a Director of the Volunteer Office, No recruitment of volunteer per.sonne1 for either branch of the degartment shall be made except through the Voi- zntees Office, (2) AJTraining Division. Tile Coordinator shall appoint a Director of Training, who must be an experienced teacher. o? Training, with the approval of the Coordinator, shall. select a training staff of qualified and experienced teachers and shall develop nemssarg training facilities, The Training Division shall be resFon- si3e for conducting all training programs for the department. The TYdining Director may certify and recommend to the Coordinator and the VFar qo:nncil for approval and use such training facilities as may now n:r lierearter be made available by other public or private agencies. A.:lI. braining courses rnlist be reviewed by the Coordinator and. approved Sy the War Council, and r;lunt be consistent with the applicable train- irg regulations of the Federal Director of Civilian Defense. The Director Persons volunteering and accepted for service in the depart- ment may be designated by the War Council as trainees, pending satis- .f'az*kory completion of their prescribed courses of training; provided, however, with respect to trainees of the Defense Corps, the Commander, in case of emergency, may direct such trainees to report for active duty with their respestive units and services of the corps. 5 No person shall be appointed as a member of the department wLil. he has satisfactorily completed the prescribed course of train- 5n.g fcr his unit or service, if such a course has been prescribed-, -5- The Training Director shall certify to the Coordinator the name of each person satisfactorily completing his prescribed course of training. fioate of completion of tyaining and shall certify such person to the aGpropriate off icai. of the department for api2ointrnent. The Coordinator shall issue to each suah person a certf- (3) A War Information Division, which shall have the duty tho promotion of of employing all $ocal infosniatlonal facilities f tile proyaw and. activities of the Oepartmnt 4 appoint a Djrector of the ;Jar Infomation Division, who shall have ac'Guua1 exjjerience in at lesLst one of the fields for dissemination of information. No press or radio release may be made by any member of the department and no published naterials may be distributed until such release or materials has been reviewed by the War Information Division in accordance with rules to be established by the War Council, The Coordinator shall SECTION 6. Citizens_Defcnse. Corps,, The Citizens Defense Carps shall conslat of the Commander and the followin$ services: (a) Skaff of the Comalander; (b) Ekncrgency Pire Service; (c) Emergency Police Service; (a) Air Raid Warden Service; (c) Emergency Medical Service; (2) Fmergency Public Wosks Service; (g) Emergency Utilities $emice, including representatives of all essential public utility services whether publbly or privately owned; (h) Auxiliary Group. SXTXON 7. Powers of. the Commander. In addition to the powers and duties herein conferred, or which may be delegated to him by the War Council, the Comraandes shall have the following powers and. ttuties: S?3CTION 7a. The Conmandm shall organize, supe.rvfse, and direct the Citizens Defense Coqs, in conf'orrfity with policies established by the War Couricil. In the establishment of such policies consideration shall -61- be given tile recornendations of the Federal Director of Civilian De- fense slid other appropriate federal and state officers and agencies, I I SECTIOIT 7'0. alarm LQC until such time as the eaqagency created thereby shall. be de- In case of enemy attach or during a period of air raid I I I Glared snded eithw by the Comnder or by the city council, the Com- I mander shall have conplete authority over the city govermleat, and he a~all have the right to exercise all police power vested in the city I by the constitution and the laws of the State of California, ineluding -,;YO.XT da~ing such time to isslze and. enforce rules, regulations and C1.'ZieY.'i T'ihfch he considers necessary for the protection of life and I 7. 'c.~e:cl;y., - Whenever the Comander or the city council shall declare ~ i I i:?:c e.i.ej:gency to be eniled, the ral.es, regulations or orders issued by t.5fj Sommnd.er during the period of the emergency shall be of no further fc!?.ce aiid effect kmless the city council shall itself legislate there-. nn i SSCTION 7c. The Cornlander shall hold 2eriodic Itrills arid such othe7. tests of the effectiveness of the Defense Corps as may be necessary to assure its effective performance under emergency conditions SECTTOZ '7d. The Conmlrder- shall establish rt sofie safe and ~~IcI-Ds~Z place.iia this city 3 control center, an alternate control cente~, siid., if necessary, a district control center or centers, which shall 'us xsed in tkms of eaergency as the centers from wL%ch the Defense Cor2s shiall be tlirec'ced and coordinated. The Commander shall designate the persons who shall be gresent iii the control center, or centers, Our- Lig tims of energency and drills, including the Chiefs of Emrgency EiiBr-i-ices. No person shall ba peydtted to enter the contTol room -7- &aA.ng tihe times of energency unless he shall have a 2ass issued to him by the Cormander. The CoEmnder and the Chiafs of Energenoy Ser- vices, tviSih the a$j?rovnl of the Yar Council, shall Cissignate deputies to take their places, exercise their powers and perfolca their duties in the control center in the event they are absent, became incapaci- tated, or am othei'tvise unable to act. equip and operate the control center and the Citizens Defense Corps The Commander shall staff, as nearly in accordance witlz the recomaendations of the Federal Dir- wbor of Civilian Defense as local conditions warrant, In the event this city is includ-ed in any plan for the cprstfon of a control center over a larger area within which this city is included, which plan calls for the presence therein of a re= presentative of any of the Emergency Services of this city, the Com- mander, with the appr,oval of the War Council, may authorize the chief of any such service or a repmsentative designated by him to partici- pate in such a plan and. report to such a control center, SECTION 8. ~htual &a. The Comiand-er, in accordance with the pro- visions of Chapter 323, Statutes of 1941, 01' othe? statutes authoriz-* ing joint exercise of powers, is hereby eq9owered to aegotiate nutv.s,. aid c.greements with the apppopriate officers of otlie7 goverraental agencies vvithin a reasonable distance of this city an6 shall s~'bmL? such pro3osed agreements to $he Wai. Council for its approval and '%:r~:a- afterc to %lie city council for final ag:??roval, Aid shall be given on behalf of the city in accord-ance with the 'cerjas of such agreements an6 mag be given OT requested only when autlior.izsd by the Cornmantier, In $l=e absence sf' srxc-l-! 83. agrselilent: -8- whenevep iii the judgxent of the Comander the public interest requires it, aid my be dispcltciisd- t3 01" requested fron another governmental agency by the Coriander. SECTION 9. Local fropurtyff icer . The local property officer , (heretofore or hereafter) appointed by the Mayor with the approval of the city couricil in conforinity with regulations of' the Federal Direc- GOT of Civilian Defense, shall. be under the direction an8 supervision of the Comm..n.der. Fie is authorized and. directed to receive, account for, aad distribute, in accordance with the ordeps of the Comnder .--oti inconsistent with the terms of any agreement undeP which property IimS given or loaned to the oity, any 2ersonal property which has been or may hereafter be given or loanea to the ciLy for the protection of' persona or property against air raids and other was hazards, local property officer shall perform such other tluties as may be dele- I I 1 I , I I The gated to him by the War Council or the Commander. I I SECTION 10. Citizens - Service. The Citizens Service Corps I shall consist of the Director and the foLlowing divisions: (a) Divi- l sion of Health, Welfare and Recreation; (b) Divisian of Transportation and Rousing; (c> Salvage Division; (d) Consumer Interest Division; I I I I 1 I I I (8) Division of Agricultural and Industrial Production; (f) Division I I I I I of Scliools and Education; and (e) Division of' War Bonds anZL Stamps, A special unit of neighborhood and bloc!: leaders shall be attached to I the star2 of the Director, 1 SECTION 10a. The Director shall organize, supervise, and direct the Citizens 8ervice Corps, in confornity with policies to be estab- lished by the War Council. In 'the establishment of such policies, considsration shall be given to the recommendations of the Federal I I .. I ! , .- , -9- Giw:tcr of Civilian Bfense, and other appropriate federal and stake cff icers and agencies, SZCTION lob, In addition to the regular nembers of tho divisions and units of tha Service Corps, the Director, with the approval of the War Council, may establish volunteer auxiliary forces to be attached to appropriate divisions and upits of the Service Corps to assist the members or such divisions and units in the performance of their duties. Such gwriliaries, recruited for special, temporary or accasional &.I- ties, need nut be required to take the oath of office and otherwise meet $be requirenents established for regular members and trenees of :he dqartmen’c. menbersh3.p in the Servioe Corps, in accordance with rules and require- Such auxiliaries may qualify for regular ox” special ments established by the War Council, SECTION 11. Powers of Appointment and Removal. Except as otherwise provided in this ordinance, officers and members of the Citizens De- fense Corps and Citiizens Service Corps shal.1 be subject to appointment and reaoval as follows: Chiefs of the Eraergency Services and units and other offi- cers and voluneeer neabers of th@ Defenge Corps shall .’ be apyointeed ’oy the Commander, wiih the appoval of the War Council, except that the Chief of Police Departnenf; shall be Chief of the Emergency Palice Service and the Chief of the Fire Rpartmnt shall be Chief of the Fmergency Fire Service. Chiefs of the divisions and units and other officers and volunteer. members of the Service Corps shall be appointed by the Dir.- ectoi: n.,~h &he apgroval of the Weir Goancil., The Chiefs of the Euer;i~,ency Services of the Defen,,e So:.ps ..LO. ?*.id Ch‘..+~s af %he ZPvisions of thhe Semice Corps my reject any person re~uit6d by the volunteer office who, in the opinion of the Chief, is not qualified to work in that Fmergency Service or division. In acoordance with the provisions of this ordinance and rules established by the War Council, the Cormander shall have power $0 remove any member of the Defense Corps and the Director shall have power to renove any member of the Service Corns; provided, however, that tihi’s ordinance shall not vest in the CofimanCler or the Directm. auehority to remove from his regular e!ql.oyment any officer or era- pl.oyee of any other department of the city government assigned to, or v$?o, in the normal course of his other duties, is made a member of any bergency Service or division of the Defense Corps or Service Corps. The powel: of removal may be delegated by the Comander or the Direc- %or Lo thhe Chiefs of Eaergency Services or divisions. XZClXON 12. Services, Divisions and ,Units. The War Council- shali have the power to revise the energency services of the Defense Corps and the divi‘sions of the Service Corps as set forth above, to create uai’cs within each of such services and divisions, to create additional .services, divisions, or units, and to abolish any service, division, or unit if, in the ogiinion r)f the Was Council., the more efficient execution of the activities of the department requires such action. Emergency Services and units of the Defense Corps shall perfom such duties as %he Conmalzder, with the apj?roval af the ‘,TEY Co;mciL, inay specify. Divisions and units of the Sorvioe Corps shali I I I I '1 1 --- 4 The War Council shall deternine the number of rnernbers to be appoin'ted to each of the Xaergency Services of the Defense Corps and units thereof, and to each of the divisions of the Service Carps and unit; s t lieereof . SECTIOEJ 13. - Office. Every member of the Department of Civilian Defense shall take such an oath of office as nay be prescribed by tlie Wap Council at such time as the War Council shall deternine, SECTION 14. Identifi_cation, KO iiieraber, trainee or auxiliary of tbe deprtment shall wear or use any forn of insignia authorized and -i-sscribed by the Federal Director of Civilian Defense or the War ' ouacil unless and until he shall be authorized by the Var CoU.mil, in accordance with the regulations of the Federal Director of Civilian Defense o'i" the Wcr Council, to wear such insignia. Wo other person shall be entitled to wear OT use such form of identification, nor shall any athar person represent himself to be a member of such d.epartment, Any person resigning or- removed froa. his posi%ior: as a member of the departaent to which he has been appointed or ceasing to act for any reason, shall bmadiately surrender to the person 31: agency frcm 'Y!?-,X:: the same was received any am1 band, card or other mans of iC;si!:i:i:. f.-. cation prescribe& for persons appointed pursuant to this OTdi:ibil.(>S md all other equipment, ixaterials 03: supplies entrusted to hihi !~y -:- on behalf of the city. .. Any person wearing or possessing, without proper authoriza-, 2- *. 4~3ri, the forms of insignia or other methods of identification re-' strioted tc. nembers of the department or who falsely represents him- self to Ss 3 m.ember of suck: department, shall be guilty of a Illisde- meanor and qo_rl coxvietion shai:. be ynishable by fine of not $0 *--j2.. exzeed $LOO o:i iinpsiaoneaent of not to exceed 30 days, or both. SECTIOM 15. 0 - thler Degartments Shall Cooperate with the Departnent Gf Civilian Defense. Every departuent, commission, board, officer and eaiployee of this-city shall cooperate with and assist the Depart- mnt of Civilian Defense and the officers and employees thereof so as to enable the d.epartnen2; and the offiaers andl employees thereof to accomplish the objectives of this ordinance, Every municipal. agency and officer having jurisdiction over any officer or employee of the city is hereby authorized to caqJ.y with any request from the War Council for the transfer of municipal r..crsonnel or property to the Department of Civilian Defense, Every officer or employee of this city assigned to the Dew partment of Civilian Defense for the parfornance of full-time or part- time duties shall perform said duties a9 a par% of the official duties of his position and fn the course of his emgloyraent, a7jewithstanding the provisions of any ordinance, resolution, oiviL service or other rules and regulations, otherwise prescribing or limiting his duties or the duties of his psition, PITO person shall receive any compensation fsoa the clky :-'L~I- his services on the Department 02 Civilian Defense unleU, QS suzh I'?r[l- mnsation shall be expressly provided for by the city council, T?;s ."regoing shall not be deened to deny to any offioer or emploTec-- t.!' tile clty fiis cight to his norm1 compensation for the performnee of 11~2 dPicia1 duties, nerely because those duties be deemed hereafter ';o be included within the civj-1lai.r dlcfense effort , his prformance of ser-rices under the jurisdiction of the Departnent oi Civilian Defense, if performed with the consent of or at the order or request of the boazd or oificaj: in contro3. 02 the departnent in which he is employed. SECTTON 16. Repeals and Succession. Ordinance Ho. 273, adopted on the twenty-third day of July, 3.942, establishing 8 Defense Council, and all other ordinances and parts of ordinances in conflict herewith are hey-ebg repealed, xt?.c.lcis,: acts of the Council of Defense as are in keepfag with the The Wai: Council may ratify and approve such ir.-wisions of this ordinance and thereby continue such aots in fuZf :'-me and- effect 8s though ox-iginally enacted by the War CounciZ. SECTION 3.7. Emes-Clause. No%e: In some sities corlditions may rsquire the adoption of this ordinance or an adaptation an emerpncy ordiiiance to take effect iramediately. emergency clause shou.ld be inserted. here. of it as If' so, a proper I.