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HomeMy WebLinkAboutCC Ord 274 1943-04-15 I 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 I DANA R. WILLIAMS ATTORNEY AT LAW "'21 SECURITY BLDG. PHONE 8SI-I.. LONG BEACH. CALIF. ~ . ORDINANCE NO. 274 1 2 3 4 5 6 The City Council of the City of Seal Beach 7 does ordain as follows: 8 SECTION 1: Declaration of Policy. The 9 United States Office of Civilian Defense has recommen ded basic changes in the organization and functions of local defense councils to meet present war needs. It has become increasingly evident that many new activities vital to the war effort require central direction and control by local civilian defense organ izations operating as official a~encies of local government. This is as true of programs designed to . aid industrial and agricultural production. to con- I - serve the available supply of c"onsumer goods. to help maintain a stabilized. economy and the highest possi- ble standards or community health and welfare. as it is of programs for the protection of life and propert against the hazard of enemy attack. Civilian defense now requires the active par- ticipation of every citizen. Defense council organi- zations established before the war in conformity with 26 federal and state recommendations were intended to be 27 planning and advisory agencies rather than operating 28 agencies. It now becomes necessary to establish a 29 civilian defense organization designed to organize, 30 supervise and direct all municipal programS'arising 31 out of the war of which require organized community 32 action. AN ORDINANCE OF THE CITY OF SEAL BEACH CREATING A DEPARTMENT OF CIVILIAN DEFENSE AND PROVIDING FOR THE ORGANIZATION. POWERS AND DUTIES THEREOF. -l- I I I .... , Ordinance Number ". 1 SECTION 2: Deoartment of Civilian pefense. 2 There is hereby established within the government of 3 the City of Seal Beach a department to be known as th 4 Department of Civilian Defense, (hereinafter referred 5 to as the Department). .whi ch shall consi st of: (A) 6 A War Counci~; and (1) A Citizens Defense Corps, (2) 7 A Citizens Service Corps. The Department shall be 8 subject to direction and control by the War council, 9 as hereinafter provided. 10 SECTION 3: War Counci~. The War Council 11 shall consist of the Mayor. who shall be ex officio 12 chairman, the Commander of the Citizens Defense Corps 13 the Direct6p. of the Citizens Service Corps. and the 14 Coordinator for the War Council. which offices are 15 hereby created. Such offices shall be filled by 16 appointment by the Mayor with the approval of the 17 City Council and any such appointee may be removed at 18 any time by a majority vote of the City Council. Any 19 vacancy in the War Council shall be filled in the 20 same manner as an original appointment thereto. 21 SECTION 4:' Powers and Duties of War Council. 22, It shall be the duty of the War Council. and it is 23 hereby empoweredi under the direction and supervision 24 of the City Council: 25 SECTION 4a: To initiate. coordinate and 26 direct. except as otherwise provided by this ordinanc . 27 all activities made necessary by the war which direc~ y 28 affect the city government or which require organized 29 community action. 30 SECTION 4b: To prepare and recommend for con 31 sideration by the City Council. rUles. regulations or 32 ordinances with respect to any matter deemed by the DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLDG. PHONE tI!UI_IIIB LONG BEA.CH. CALIF. -2- I I ,I Ordinance Number ". 1 War Council essential to the war effort. 2 SECTION 4c: To prepare and issue an adminis- 3 trative manual supplementing the provisions of this 4 ordinance, defining procedures to be followed and 5 powers and duties to be exercised by the of ricers and 6 members of the Department. whether volunteer or other 7 wi s e . . 8 SECTION 4d: To enforce the lawful orders, an 9 comply with the requests and recommendations of the 10 federal or state government or any officer or agency 11 thereof. when specifically requested to do so. Excep 12 as to the powers granted in Section 4b here0f. the 13 War Council may delegate any of its powers. functions 14 or duties to the Coordinator for the War Council. the 15 Commander of the Citizens Defense Corps. or the 16 Director of the Citizens Service Corps. 17 SECTION 4e: To request. and upon approval by 18 the department head in charge thereof, to obtain the 19 transfer or municipal personnel or property on either 20 a temporary or permanent basis from any other depart- 21 ment of the city government. 22 SECTION 4f: To prepare and recommend a budge 23 for the expenditure of moneys appropriated or made 24 available to the department by the city and of moneys 25 received by the city from private sources or fromthe 26 state or federal government for any of the objects 27 or purposes of the department, and to subml t the same 28 for approval by the ci ty counc 11. 29 SECTION 4g: Within the limits of funds made 30 available to the department, and subject to all appli 31 cable requirements of law or ordinance. the War Counc 1 32 shall have the power to employ necessary personnel, DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLDG. PHONE 111511_188 LONG BEACH. CALIF. -3- 12 activities of the department, including the Citizens 13 Defense Corps and the Citizens Service Corps. as the 14 War Council shall determine to be necessary to effect 15 a proper coordination of their activities. 16 SECTION 5b: The Coordinator shall organize 17 and direct the work of the following administrative 18 agencies of the War Council: 19 el} A Volunteer Office. which Shall 20 serve as the recruiting office for the department. 21 The Coordinator shall appoint a Director of the Vol- 22 unteer Office. No recruitment of volunteer personnel 23 for either branch of the department shall be made 24 except through the Volunteer Office. 25 (2( A Training Division. The Coordina- 26 tor shall appoint a Director of Training. who must be I 27 aN experiended teacher. The Director of Training, with 28 the approval of the Coordinator, shall select a train- 29 ing staff of qualified and experienced teachers and 30 shall develop necessary training facilities. The ~1 Training Division shall be responsible for conducting 32 all training programs for the department. The Training D~~o~:~~~MB Director may certify and recommend to the Coordinator 421 SECURITY BLDG. PHONIt GilIG-IB8 LONG BEACH. CALIF. I I I Ordinance Number ". '0 1 and to acquire by purchase or lease. such other 2 facilities, equipment and supplies as are necessary ~ to carry out the functions of the department. 4 SECTION 5: Coordinator for the War Council. 5 The Coordinator for the War Council (hereinafter 6 referred to as the Coordinator) shall have the follow 7 ing powers and duties. under the direction and super- 8 vision of the City Council: 9 SECTION 5a: The Coordinator shall be the 101 executive officer Of the War Council and shall exer- 11 cise such powers of general supervision over the -4- I I I Ordinance Number and the War Council for approval and use such train- 1 ing facilities as may now or hereafter be made avail- 2 able by other public or private agencies. All train- 3 ing courses must be reviewed by the Coordinator and 4 approved by the War Council. and must be consistent 5 with the applicable tra1ning regulations of the 6 Federal Director of Vivilian Defense. 7 Persons volunteering and accepted for service 8 in the department may ue designated by the War Counci 9 as trainees. pending satisfactory completion of their 10 prescribed courses of training; provided, however. 11 with respect to trainees of the Defense Corps. the 12 Commander. in casejof emergency, may direct such 13 trainees to repdrt for active duty with their respec- 14 tive units and services of the corps. 15 No person shall be appointed as a member.'of the 16 department until he has satisfactorily completed the 17 prescribed course of training for his unit or service. 18 if such a course has been prescribed. 19 The Training..Director shall certify to the 20 Coordinator the name:of each pers~ satisfactorily 21 complet~ing his prescribed course of training. The 22 Coordinator shall issue to each such person a csr- 23 tificate of completion of training and shall certify 24 such person to the appropriate officer of the depart- 25 ment for appointment. 26 (3) A War Information Division, which shall have 27 the duty of employing all local informational facilit 28 ies for the prommtion of the programs and activities 29 of the department. The Coordinator shall appoint a 30 Director of the War Informationi~ivision. who shall 31 have actual experience in at least onejof the fields 32 for dissemination of information. No press or radio release may be made by any membe.r .'of the department and no published materials may be distributed until -5- I, 1 I Ordinance Number such release or materials has been reviewed. by .the War Information Division in accordance with rules 1 to be established by the. War Council. 2 Section 6. Citizens Defense CorDs. The Citize s 5 Defense Corps shall consist of the Commander and the 4 following se~vices: (a) Staff of the Commander; 5 (b)Emergency Fire Ser'ica;{c) Emergency police Servi e; 6 (d) Air Raid Warden Service; (e) Emergency Medical 7 .Service; (f) Emergency PUblic Works Service; (g) 8 Emergency Utilities Service. including representativ ef 9 of all essential public utility services. whether 10 publicly or privately owned; (h) Auxiliary Group. 11 Section 7.. Powers of the Commander. In additi n 12 to the pwwers and duties herein conferred. or which 13 be delegated to him by the War Council, the Commande 14 shall have the followi ng powers and duties; 15 Section 7a. The Commander shall organize. sup r- 16 vise, and direct the Citizens Defense Corps. in con 17 formity with policies establis~d'bY the War Council. 18 In the establ1shment:ot such policies consideration 19 shall be given the recommendations :'or the Federal 20 Director or-CIvilian Defense and other appropriate 21 federal and state officers and agencies. 22 Section 7b. In case:of enemy attack or during 23 a period of air raid alarm and until such time as th 24 emergency created thereby shall be declared ended 25 either by the Commander or by the city council, the 26 Commander shall have complete authority over the cit 27 government. and he shall have the right to exercise 28 police power vested in the city by the constitution 29 the laws of the. State of California. including power 30 during such time to issue and enforce rules, reguiatioH 31 and -orders which he considers necessary for the pro- 32 tection of life and property. Whenever the Commander o~ the city council shall declare the emergency -k.- Ordinance Number . to be ended. the rules, -regulations or orde~s issued by the Commander during the period of the 1 e~ergency shall be OP no furbher ~orce and effect ~l sa 2 the city council shall itself legislate thereon. s 3 Section 7 c. The Commander shall hold periodic dr 11 I 4 and s~c~ ot~er tests ~f the effectiveness of the I I 5 Defense Corps as may be necessary to assure its 6 effective performance under emergency conait10ms. 7 Section 7d. The Commander shall establish at some 8 safe and enclosed place in this city a control center 9 an alternate control center, and. if necessary, a 10 district control center.or centers. which shall be us d 11 in times of emergency as the centers from which the 12 Defense Corps shall be directed and coordinated. The 13 Commander shall designate the persons who shall be 14 present in the control center. or centers. during 15 times of emergency and drill~, including the Chiefs 16 of the Emergency Services. No person shall be permitte 17 to enter the control room during times of emergency 18 unless he shall have a pass issued to him by the 19 Commander. The'Commander and tha Chiefs of Emergency 20 Services, with the approval of tha War Council. shall 21 designate deputies to take their places, exercise thei 22 powers and perform their duties in the control center 23 in the event they are absent, become incapacitated. or 24 are otherwise unabls to act. The Commander shall staff 25 equip and operate the control center and the Ditizens 26 Defense Corps as nearly in accordance with the re- 27 commendations of the Bederal Director of Civilian 28 Defense as local conditions warrant. 29 In the event this city is included in any pIa 30 for the operation of a control center:over a larger 31 area within which this city is included. which plan 32 calls for the presence therein of a representative of any of the Emergency Services of this city. the -7- -I 1 I Ordinance Number 1 1 Commander, with the approval of the War Council, may 2 authorize the chief of any such service or a repre- 3 sentative designated by him to participate in such a 4 plan and report to such a control center. 5 SECTION 8: Mutual Aid. The Commander. in 6 accordance with the provisions of Chapter 323, Statut s 7 of 1941, or other statutes authorizing joint exercise 8 of powers. is hereby empowered to negotiate mutual ai 9 agreemants with the appropriate officers of other 10 governmental agencies within a reasonable distance of 11 this city and shall submit such proposed agreements 12 to the War Council for its approval and thereafter to 13 the city council for final approval. 14 Aid shall be given on behalf of the city in 15 accordance with the terms of such agreements and may 16 be given or requested only when authorized by the 17 Commander. In the absence of such an agreement. when 18 ever in the jUdgment of the Commander the public int- 19 erest requires it, aid may be dispatched to or reques ed 20 from another governmental agency by the Commander. 21 SECTION 9: Local Property Officer. The 22 local property officer. (heretofore or hereafter) 23 appointed by the Mayor (With the approval of the city 24 council) in conformity with regulations of the Federa 25 Director of Civilian Defense, shall be under the 26 direction and supervision of the Commander. He is 2? authorized and directed to receive. account for. and 28 distribute. in accordance with the orders of the 29 Commander not inconsistent with the terms of any agre - 30 ment under which property was given or loaned to the 31 city. any personal property which has been or may her - 32 after be given or loaned to the city for the protecti DANA R. WILLIAMS ATTORNEY AT LAW 421 Sl!CURITY BLDG. PHONE 1158_1.8 LONG BEACH. CALIF. -8- -I I 19 20 21 22 23 24 25 26 2? I 28 29 30 31 32 DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLDG. PHONE 8S8_188 LONG BEACH. CALIF. Ordinance Number 1 of persons or property against air raids and other 2 war hazards. The looal property officer shall per- 3 form such other duties as may be delegated to him by 4 the War Councilor the Commander. 5 SECTION 10: Citizens Service Corns. The 6 Citizens .Service Corps shall oonsist of the Director 7 and the following divisions: (a) Division of Health 8 Welfare and Recreation; (b) Division of Transportatio 9 and Housing; (c) Salvage Division; (d) Consumer 10 Interest Division; (e) Division of Agricultural and 11 Industrial Production; (f) Division of Schools and 12 Education; and (g) Division of War Bonds and Stamps. 13 A special unit of neighborhood and block leaders shal 14 be attached to the staff of the Director. 15 SECTION lOa: The Director shall organize. 16 supervise. and direct the Citizens Service Corps. in 17 ,conformity with policies to be established by the War 18 Council. In the establishment of such policies. con- sideration shall be given to the recommendations of the Federal Director of Civilian Defense. and other appropriate federal and state officers and agencies. SECTION lOb: In addition to the regular mem- bers of the divisions and units of the Service Corps. the Director. with the approval of the War Council. may establish volunteer auxiliary forces to be attach d to appropriate divisions and units of the Service Corps to assi st the members or such divisions and unit in the performance of their duties. Such auxiliaries recruited for special. temporary or occasional duties need not be required to take the oath of offioe and otherwise meet the requirements established for regu- lar members and trainees of the department. Such -9- I I I Ordinance Number . 1 auxiliaries may qualify for regular or special member 2 ship in the ~ervice Corps. in acoordance with rules a d 3 require~ents established by the War Council. 4 SECTION 11: powers of Aooointment and E&- 5 moval: Except as otherwise provided in this ordinanc . 6 officers and members of the Citizens Defense Corps an 7 Citizens Service Corps shall be subject to appointmen 8 and removal as follows: 9 Chiefs of the Emergency Services and units 10 and other officers and volunteer members of the De- II fense Corps shall be appointed by the Commander, with 12 the approval of the War Council. except that the Chie 13 of the police Department shall be Chief of the Emer- 14 gency police Service and the Chief of the Fire Depart 15 ment shall be Chief of the Emergency Fire Service. 16 Chiefs of the divisions and units and other 17 officers and volunteer members of the Service Corps 18 shall be appointed by the Director with the approval 19 of the War Counc 11. 20 The Chiefs of the Emergency Services of the 21 Defense Corps and Chiefs of the divisions of the 22 Service Corps may reject any person recruited by the 23 volunteer office who, in the opinion of the Chief. is 24 not qualified to work in that Emergency Service or 25 division. 26 In accordance with the provisions of this 27 ordinance and rules established by the War Council, 28 the Commander shall have power to remove any member 29 of the Defense Corps and the D1rector shall have 30 power to remove any member of the Service Corps; pro- 31 vided, however, that this ordinance shall not vest in 32 the Commander or the Director authority to remove DANA R. WILLIAMS AT1'ORN'IY AT LAW "21 SECURITY BLDG. PHONE 81511_188 LONG BEACH. CALIF. -10- ..1 , ' I I Ordiance Number 1 from his regular employment any officer or employee 2 of any other department of the city government assign d 3 to. or who, in the normal course of his other duties. 4 is made a member of any Emergency Service or division 5 of the Defense Corps or Service Corps. The power of 6 removal may be delegated by the Commander or the 7 Director to the Chiefs of Emergency Services or 8 divisions, under the direction and supervision of the 9 City Council. 10 SECTION 12: Services. Divisions and Units. 11 The War Council shall have the power to revise the 12 emergency services of the Defense Corps and the 13 divisions of the Service Corps as set forth above. to 14 create units within each of such services and divis- 15 ions. to create additional services, divisions, or 16 units, and to abolish any service, division, or unit 17 if, in the opinion of the War Council, the more 18 efficient execution of the activities of the depart- 19 ment requires such action. 20 Emergency Services and units of the Defense 21 Corps shall perform such duties as the Commander. wit 22 the approval of the War Council, may specify.;; Divi- 23 sions and units of the Service Corps shall perform su h 24 duties as the Director. with the approval of the War 25 Council, may specify. 26 The War Council shall determine the number of 27 members to be appointed to each of the Emergency Ser- 28 vices of the Defense Corps and units thereof. and to 29 each of the divisions of the Service Corps and units 30 thereof. 31 32 the SECTION l3~ Oath of Office. Every member of Department of Civilian Defense shall take such an DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLDG. PHONE 8SB_I'. LONG BEACH. CALIF. -11- ".1 " I I Ordinance Number . 1 oath of office as may be prescribed by the War Counci 2 at such time as the War Council shall determine. 3 SECTION 14: ldentificatlon. No member. 4 trainee or auxiliary of the department shall wear or 5 use any form of insignia authorized and prescribed 6 by the Federal Director of Civilian Defense or the Wa 7 Council unless and until he shall be authorized by 8 the War Council. in accordance with the regulations 9 of the Federal Director of Civilian Defense or the 101 War Council. to wear such insignia. No other person 11 shall be entitled to wear or use such form of identi- 12 ficatlon, nor shall any other person represent him- 13 self to be a member of such department. Any person 14 resigning or removed from his position as a member of 15 the department to which he has been appointed or 16 ceasing to act for any reason. shall immediately sur- 17 render to the person or agency from which the same wa 18 received any arm band. card or other means of identi- 19 fication prescribed for persons appointed pursuant to 20 this ordinance and all other equipment, materials or 21 supplies entrusted to him by or on behalf of the city 22 Any person wearing or possessing. without 23 proper authorization, the forms of insignia or other 24 methods of identifiCation restricted to members of th 25 department or who falsely represents himself to be a 26 member of such department. shall be tull ty of a mia- 27 demeanor and upon conviction shall be punishable by 28 fine of not to exceed $100.00 or imprisonment of not 29 to exceed 30 days, or both. 30 SECTION 15: Other De 31 with the Denartment of Civilian Defense. Every depar - 32 ment, commission. board, officer and employee of this DANA R. WILLIAMS ATTORNEY A.T LAW 421 SECURITY BLDG. PHONE 8S8.19B LONG BEACH. CALIf'. -12- Ordinance Number . . 1 1 city shall cooperate with and assist the Department 2 of Civilian Defense and the officers and emplo.yees .1 3 thereof so as to enable the department and the office s 4 and employees thereof to accomplish the objectives of 5 this ordinance. I I 6 Every municipal agency and officer having 7 jurisdiction over any officer or employee ~f the city 8 is hereby authorized to comply wi th any request from 9 the War Council for the transfer of municipal person- 10 nel or property to the Department of Civilian Defense 11 Every officer or employee of this city assign d 12 to the Department of Civilian Defense for the perform 13 ance of full-time or part-time duties sllall perform 14 said duties as a part of the official duties of his 15 position and in the course of his employment. notwith 16 standing the provisions Of any ordinance, resolution. 17 civ11 service or other rules and regulations, other- 18 wise prescribing or limiting his duties or the duties 19 of his posi tion. 20 No person shall receive any compensation from 21 the city for his services on the Department of 22 Civilian Defense unless such compensation shall be 23 expressly provided for by the city council. The fore 24 going shall not be deemed to deny to any officer or 25 employee of the city his right to his normal compensa 26 tion for the performance of his official duties. mere y 27 because those duties be deemed hereafter to be includ d 28 within the civilian defense effort. 29 No officer or employee of this city shall 30 suffer any reduction of payor loss of civil service 31 status or rights by reason of his performance of 32 services under the jurisdiction Of the Department of DANA R. WILLIAMS ATTORNEY AT LAW 421 SECURITY BLDG. PHONE 8"8_118 LONG BEACH. CALIF. -13- '4' oil I I I Ordinance Number . . . 1 C1vilian Defense. ir performed with the consent of 2 or at the order or request of the board or officer 3 in control of the department in which he is employed. 4 SECTION 16: Repeal. All ordinances and part 5 or ordinances in conflict of this ordinance are here- 6 by repealed. 7 SECTION 17: Emergency Clause. This ordtnanc 8 is required for the immediate preservation of public 9 peace. health and safety, and the following is the 10 statement or facts constituting such emergency: The 11 Un1ted States is at war and this city 1s in great and 12 continuing danger of air and other attack by the enem . 13 The City Clerk shall certify to the adoption 14 of this ordinance and cause it to be published once 15 in the Seal Beach Post & Wave, a newspaper of general 16 circulation, printed and published in this city and 17 thenceforth and thereafter the same shall be in rull 18 torce and effect. 19 PASSED. ADOPTED AND APPROVED this /6lJ-day of 20 April. 1943. 21 '\ , J:-t.-,'. ~ l.c.. ~ 22 23 24 Attest: 25 26 27 28 I, OLLIE B. PADRICK, do hereoy certify that I 29 am the City Clerk of the City of Seal Beach, Californi , 30 and ex officio Clerk of the City Councilor said City; 31 that the foregoing ordinance was regularly introduced 32 and read at a regular meeting of the City Council of -14- I I ... ... olio I '1 .. . , N Ordinance Number , , . said City. held on the J~ day of April. 1943. by the following vote of the members thereof. to wit: AYES: Councilmen .:h,.I~ ~~..,J,I~ NOES: councilmen Q ABSENT: councilmen JtP:JIIJ) 1 2 3 4 5 6 7 \ ' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -15-