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HomeMy WebLinkAboutOrdinances - No. 290ORDINANCE NO,- 290 AN ORDIRANCE OF THE CITY OF LODI CREATING CmEEZZEOF A DaAR!lKENT OF CIVILIAN DXFENSE AND PROVIDING FOR THE ORGANIUTION, POWERS AID DUTIES The City Council of the City of Locii does ordain as follows: SECTIOK 1. Declaration of-Folicx. The United States Offtce of Civilian Defense has recoment!ed bmic changes in the organization and functions of local defense councils to meet gresent war needs. It has becQme increasingly evident that many new activities vital to the war effort require central direction and control by local civilian defense organizatiohs operating as official agencies of local governmant. This is as true of Irograms designed to aid. inchstrial an& agr:icult ural production, to coilserve the mailable supply of con- suliier goods, to help maintain a stabilized econonzg and the highest possible standards of community health and welfare, as it is of pro- granis for the protection of life ~nd yi'operty azainst the hazard of enemy attack. Civilian defense 1:ioid requires the Lctive participation of every citizea. tvar in conformity vjitb fecierai. and state recomnendation.s were intended to be planning and advisory aeencies rather than operating agencies. It now becomes necessary to establish a civilian defaiise organization Defecse co~uici!. or;ganizations established before the ,>p ..~,j.gneC . to organize, su.gervise aizd direct all municipal grograms arising out of the wa.T or wilfch require organized community action. S3CTION 2. l&prng~-rxL of Civilian Defss3. There is hereby estab- 3.ished. within the governrmnt of the City of Lodi a department to be kl1O~~~ri: c.2 the DepartiLent of Civilian Defense ) (hereinafter referred to PS the ilepmtmnt) whl ch shs.11. consist of: (A) A War Council; and -2- (1) h Citizens Defense Corps, (2.1 A Citizens Service Corps. partment shall be subject to directioii and control by the War Council, as hereinafter provided, The De- SECTION 3, yar Council. The War Council shall consfst of the Xayor, who shall be ex officio chairman, the Comander of the Citizen Defense Corps, the Director of the Citizens Service Corps, and the Coordinator for the TWe Council, which offices are hereby created. Such offices shall >e filled by appointment by the Mayor with the approval of the City Council who shall also have the lower of removal of any of such appointees. Any vacancy in tihe War Council shall be filled in the same manner as an original appointment thereto, SECTION 4. Powers and Duties of War Council. of the War Council, and it is hereby emgowered: It shall be the duty SECTION 4a. To initiate, coordinate and direct, except as otherwise provided by this ordinance, all activities mde necessary by the war which directly affect the city government or which require organized oomraunity action. SECTION 4b. To prepare and recommend for consideration by the City Council, rules, regulations or ordinances with res_nect to any matter deemed by the War Council essential to the war effort. SECTION 4c. To prepare and issue an administrative manual supple- amtine; the yrovisions of this oi?dinance, defining procedures to be r'ollowed and powers and duties to be exercised by the officers and members of the Departrilent , whether volunteer or otherwise. To enforce the lawful orders, and comply with the re- quests and recomniendations of the federal or state government or any officer or agency thereof, When specifically requested to do so. SECTION 4d. -3- Except as to the powers granted in Section 4b hereof, the War Council may delegate any of its $ewers, functions, or duties to the Coordinator for the War Council, the Commander of the Citizens Defense Corps, or the Director of the Citizens Service Corps. SECTION 4e. To request, aiid upon approval by the departnent head in charge thereof, to obtain the transfer of municipal personnel or prop- erty an either a temporary or permanent basis from any other department of the city government, SECTION 4f, To prepaTe anti recommend a budget for the expenditure of moneys appropriated or mde available to the dqartnen't by the city and of moneys received by the city from private sources or from the state or federal government for any of the objects or purposes of the de:?artment, and. to submit the sane for approval by the city Council, SECTfOR 4g. Wthin the liinits of funds made available to the 8epart- li-,e.iit, aiid subject to all applicable requirements of law or ord.inance, .i;h2e >Jar Council shall hzve the ;?ewer to employ necessary personnel, a.nS 30 acquire by 2wchuse or lease, such other facilities, equipment g.iis.: su;&ies as ame necessary to carry out the functions of the depart- j:j.t? t1t ~iX?.lOnT 5, Coordinat-~~-,_,.~~~ Council. The Coordinator for *tib.t: Vdar Council (hereinafter referred to as the Coordinator) shall r!.?.+:8E: the following powers aad duties: S2CTi3N 5a. The Coojsdinator shall be the executive officer of the War Coancil and shall exercise such powers of general supervision over the activities oT the department, including the Citizens Defense Corps and. the Ci,tizens Service Corps, as the War Souncil shall determine to be necess&ry ~3 ~;ffec:t a yyoper. Goordination of their activities, -4- SECTION 5b. The Coordinator shall organize and direct the work cf the following administrative agencies of the War Council: (I) A Volunteer Office, which shall serve as the recruiting office for the department. of the Volunteer Office, No recruitment of volunteer personnel for either branch of the de?artment shall be made except through the voi- ateer Office, The Coordinator shall appoint a Director (2) Axrainina: Divisi,on. The Coordinator shall appoint a DjI-ectoT of Training, who must be an experienced teacher. The Director G: Troicfng, with the approval of the Coordinator, shall. selecb a Lrslning staff of qualified and experienced teachers and shall fie-relo!, necessary training facilities. The Training Division shall be rts>on- eL3le for conducting all training programs for the departmem;. The Trdlning Director may certify and recommend to the Coordinator aiic? the Far Council for approval and use such training facilities as may nON or hereafter be made available by other public or 'private agencies. All training courses must be reviewed by the Coordinator and. approved by the War Counail, and must be consistent with the applioable train- ing refie,u.La",ons of the Federal. Director of Civilian Defense. Persons volu!!teering and accepted for service in the depart- men'ti m.y be designated by the Was Council as trainees, pending satis- factory completion of their prescribed courses of training; provided, hmever, with respect to trainees of the Defense Corps, the Commander, 5.n 3ase of emergency, may di:cect such trainees to report for active 2.iibg wi.tii theiy respec;tlve unlts and services of the corps. No person sliall be rypointed as a member of the f3epartrnen.t c::.til he has sitisfactur:-ly oonpleted the prescribed course of traj.3- f-n,.~ rcr his unit c!? R~??TJ.CF:, if SIi2b r, CoLirse has been prss::ri'ret! -5- The Training Director shall certify to the Coordinator the name of each person satisfactorily com_nleting his prescribed course of triining. ficate of completion of training and shall. certify such person to the appropriate officer of the department for ap2iointment. The Coordinstor shall issue to each :mch person a certi- (3) A War Information Division, which shall have the duty of employing all local informational facilities for the -pornotion of the programs and activities of the department . The Coordinator shall appoint a Director or the -Var Information Division, who shall have actual experience in at Least one of the fields for dissemination of information, &To press or radio release may be made by any member of the departmnt and no published materials nay be distributed until such release or naterials has been reviewed by the War Information Division in aocordance with rules to be established by the War Council. SECTION 6. Citizens Defense Corps. The Citizens Defense Corps shall consist of the Commander and the following, services: (a) Staff of the Commander; (b) aergency Fire Service; (c) Emergency ?olice Service; (a) Air Raid Warden Service; (e) Emergency Medical Service; (f) Emergency Public Works Service; (g) Emergency Utilities Service, including representatives of all essential public utility services, wilother publicly or privately owned; (11) Auxiliary Group. SECTION 7. Powers of the Cornan&. In addition to the powers a:i duties herein conferred, or which may be delegated to him by the War Council, the Cammnder shall have thc following powers an$. duties: SECTION 7a. The Commander shall organize, supervise, and direct the Citizens Defense Corgs, in confornity wllth policies established by the War Council. In the establishment of such policies consideration shall '. -6- be given the recom~iendations of the Federal Director of Civilian Do- fense aiid other appropriate fclderal anA state officers and agencies. SECTION 7b. In case of enemy attack( or during a period of air raid alarm and until such tine as the ome!rgency created thereby shall be de- clared ended either by the Comaander or by the city council, the Com- mander shall have oomplete authority over the oity government, and he shall have the right to exercise all police power vested in the city by the 2onstitution an8 the laws of the State of California, including 23-t.:~ ci:iring such time to issue and enforce rules, regulations and x*;ers which he considers necessary for the protection of life and ..~.-aperty. Whenever the (Jommander or the city counoil shall declare the emergency to be ended, the rules, regulations or orders issued by the Commander during the period of the emergency shall be of no further force and effect unless the city council shall itself legislate there- on * SECTION IC. The Comursnder shall hold periodic d.rills and such other tests of the effectiveness of the Defense Corps as may be necessary to assure its effective performance under emergency conditions SECTION 7d. The Coraroander shall establish at some safe and enclosed place in this city a control center, an alternate control center, aiid, if necessary, a district control center or centers, which shall be ?;sed in times of emergency astthe centers from which the Defense Corps shall be Cirec’ced and coordinated, The Commander shall designate the persons who shall be pesent in tho control center, or centers, dur- .;-A$ times of eniergency aiid drills, including the Chiefs of Emergency S3rvi=e?, iiIo person slial-1 bc peiiuij.tted to enter the control room -7- during the tines of emergency unless he shall have a pass issued to him by the Conmander. The Commander and the Chiefs of Emergency Ser- vices, with the approval of the War Council, shall designate deputies to take their places, exercise their powers and perform their duties in the control center in the event they are absent, become incapaci- tated, or are otheivvfse unable to act. The Commander shall staff, equip and operate the control center and the Citizens Defense Corps as nearly in accordance with the recommendations of the Federal Dir- ec+,or of Civilian Defense as local conditions warrant. In the event this .city is included in any plan for the erati ti on 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 Emergenoy Services of this city, the Corn- mander, with the approval of the War Counoil, my authoxize the ohief of any such service or a representative designated by him to partici- pate in such a plan and report to such a control center. SECTION 8. Mutual Aid. The Commander, In accordance with the pro- visions of Chapter 323, Statutes of 1941, or other statutes authoriz- ing joint exercise of powers, is hereby eqL1owered to negotiate mutual aid zgreements wibh the appropriate officers of other governmentn:- agencies within a reasonable distance of this city anit shall submit such progosed agreements to the War Council for its approval and there- after to the city council for final approval, Aid shall be given on behalf of the city in accordance with the teriiis of such agreements and may be given or requested onlywhen authorized by the Cornantler, In the absence of such an agreement, ! .- 8 _+ whenever i:: tile judcfieiit of tlie Co.imander the public interest requil-es it, aid rxiy be dis?h’cched to or requested frocl anothei. governmental agency by the Coimander . SECT3ON 9. &,l-_Propertg_Ol”ficer. The local property officer, (heretofore or hereafter) appointed by the Mpyor with the approval of the city council ir; conformity with regulations of the Federal Direc- tor of Civilian Defense, shall be under the direction and supervision of the Comander. He is authorized and directed to receive, account for, and distributc, in accordance with the orders of the Commander cot inconsistent with the terps of any agreement under vfhioh property was given or loaned to the city, any personal property which has been or may iiereafter be given or loanea to the city for the protection of persons or property against air raids and other war hazards, local !??operty officer shall perform such other Cuties as nay be dele& The gated to him by the War Council or the Commander. SECTION 10. _Citizens- 3ervice&rys-. The Citizens Service Corps shall consist of the Director and the following divisions: (a) Divi- sion of Health, Welfare and Recreation; (b) Division of Transportation and Housing; (c) Salvage Division; (a) Consumer Intei-est Division; (e) Division of Agricultural and Industrial Production; (f) Division of Schools and Education; and (g) Division of War Bonds and Stamp. A special unit of neighborhood and block leaders shall be attached to the staff of the Director. - SECTION 10a. The Director shall organize, suyervise, and direct the Citizens Service Corps, in corlrormity with policies to be estab- lished by the Via1 Council. In the establishment of such policies, considaration shall. be given to the recommendations of the Federal. -9- Gj.-%r;-L;:j: oi' Civilian D?fense, and other appropriate federal and state officers and agencies. SZCTION lob. In addition to the regular nembers of 'the divisions mrl units of the Service Corps, the Director, with the approval of the War Council, may establish volunteer auxiliary forces to be attached 'to appropriate divisions and units of the Service Corps to assist the azmbers of such d.ivisions znd units in the performance of their duties. Such auxiliaries, recruited for special, temporary or occasional du.. tlea, need not be required to take the oath of office and otherwise meet the requirements establlshed for regular members and trainees of the department. membership in the Service Corps, in accordance with rules and require- ments established by the War Council. Such auxiliaries may qualify for regular or special SECTION 11, Powers of Appointment and Removal. Except as otherwise provided in this ordinance, officers an& members of the Citizens De- fense Corps and Citizens Service Corps shall be subject to appointment and removal as follows: Chiefs of the Emergency Services and units and other offi- cers and volunteer members of the Defense Corps shall be ap2ointed by the Commander, with the ap?roval of the War Council, except that the Chief of Police Departnent shall be Chief of tho Emergency Police Service and the Chief of the Fire Department shall be Chief of the Emergency Fire Service, Chiefs of the divisions and units and other officers an8. volunteer members of the Service Corps shall be appointed by the Dir- ector with the approval of the War Council. The Chiefs of %he Emergency Services of the Defen;,e Co::ps ._. -, I,J (,ij ., .>y;, \j:f .' "1p i': .- vj-,p.* )icsns aB the Sei-.:Jice Corps may rejel:t any pc~sas. ... - LL,.G?::. 5;~ .:,k: '\':;;ursesL .::Cr'S.ce v;lic: in the o9:nion of the Chief, is f:.?sI.Li.fi.O LCI work in. that Euergency Service 0'1; division. In aoco.;r.danm wi.th the provisions of this ordinance and E. E3tabliSli3d by the .War Council, the ComanBer shall have p3w%? ':I-) m:xv5 any -me.inber of 'the Defense Corps and the Director shall hsre ,.:ow?;:. to reinove a~y member of the Service Corps; provided, hcwever, .t.k.lat tkis ordinance shall not vest in the Commander or the Directx ail:;hOTity to remove from his regular employment any officer or em- ployee of any other department of the city government nssimed to, or &LO, in the normal course of his other duties, is made a member of any 2knergency Service or aivision of the Defense .Corps or Service Corys. The power of removal may be delegated by the Commander or the Direc- to? to the Chiefs of bergency Services or diyisions. S%!?iO?J 12. Services,. Mvisi.ons and Units. The War Co~mci.1. sh.a.14 lxtw the ~OTNW to .revise the emergency services of the Defense Corps and the aivisions of the Seivice Corps as set forth abovej to create mits within each of such services and divisions, to create additsio.nal se.rvices, divisiona, or units, and to abolish,any semioe, d?:.vision, or unit if, in the opinion 02 the War execution of the activities of the department requires such action, Council, the more efficient Emergency Services and units of the Defense Corps shall pe.rforni such duties as the Comander, with the auyroval of the 'iVEr Counci-%, zay specify, Divisions and units of the Service Corps shal; peT-forn such duties as the Dircckor: with the approval of the War Com,:il, may snecifp. ,’ -L The War Counctl shall determine the number of members to be appointed to ezch of the Zuergency Services of the Defense Corps and units thereor, and to each of the divisions of the Service Corps and units thereof. SECTION 13. Oath of Office. Every member of the Department of Civilian Defense shall take such an oath of office as may be >rescribed by the War Council at such time as the War Council shall determine. SECTION 14. Identification. No member, trainee or auxiliary of the department shall wear or use any form of insignia authorized and .?rescribed by the Federal Director of Civilian Defense or the War qouncil unless and until-he shall be authorized by the War Council, in accordance with the regulations of the Federal Director of Civilian Defense or the War Council, to wear such insignia. shall be entitled to wear or use such form of identification, nor shall any other person represent himself to be a member of such departnent, Any person resigning or remaved from his position as a aember of the department to which he has been appointed or ceasin& to act for any reason, shall iranediately surrender to the person or agency frorc ~‘-1~~~ the same was received any arm band, card of other means of idcjh’tj . cation prescribed for persons appointed pursuant to this ordi:ianc.-: -in3 all other equipment, naterials or supplies entrusted to hilii 3y’ xi on behalf of the city. No other person Any person wearing or possessing, without proper authoriza-. tion, the forms of insignia or other methods of identification re- stricted to members of the department or who falsely represents him; self to be R member of such department, shall be guilty of a misde- meanor an6 vgon conviction 8hai.: be punishable by fine of not to .. 'L2-. > exzeed ;roo 02" imprisonment of not to exceed 30 days, or both. I SECTION 15. 0 ther Departments Shall Cooperate with the DeDartffi& of Civilian Defepse. Every departrilent, commission, board, officer and employee of this city shall cooperate with and assist the Depart- ment of Civilian Defense and the officers and employees thereof so a§ to enable the d.epartment and the officers and employees thereof to accomplish the objectives of this ordinance& Every municipal ageiicy and officer having jurisdiction over any officer or employee of the city is hereby authorized to comply with any request from the War Council for the transfer of municiyil ,-3Tsonne2 or property to the Department of Civilian Defense. Every officer or employee of this city assigned to the De- pm"ixient of Civilian Defense for the performance of full-time or part- time auties shall perform said duties as a part Of the official duties of his position and in the course of his employment, the provisions of any ordinance,, resolution, civil service or other rules and regulations, otherwise prescribing or limiting his duties or the Buties of his 9osition. diotwithstmding Xo person shall receive any oompensation from the cZty :?GT his services on the Department of Civilian Defense unless sunvh. ?m- Densation shall be expressly provided for by the city council, Th? ;"oregoing shall not be deeffied to deny to any officer or employee cT the city his right to his norffial compensation for the performance of hd-s otficial duties, merely because those duties be deemed hereafter to be lnclllded within the civilian Cefense effort. ?Jc, oTfi"ver or e%p?-v:rse of this city shall suffer any re- daG:'i-ip:l C; C-C 7.cs.s ,;f c.'_.tr:l sel-vize status or rights by reason 9f . Adopted in regular meeting of the City Council of the City of Lodi held Wednesday, May 5, 1943 by the foUoKbg vote: AYES: NOES : Councilmen, None. .4BSENT:Councilmen, None. Councilmen, Coffield, Riggs, Spooner, Heihe and Rim (Mayor) J. F. BLAKELY, City Clerk. Published in THE UlDI TIMES MAY 13, 1943