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HomeMy WebLinkAbout526 - Coordinating War Activities• I • ORDINANCE NO. 526 The City of Newport Beach by and through its City Council does ordain as follows: SECTION 1. DECLARATION OF POLICY. In view of the emergency creat- ed by the present state of war, and in order that the City of Newport Beach, hereinafter called one City, may best provide for the common defense and promote the general welfare of its inhab- itants, it is hereby declared to be the policy of the City that every effort be made to coordinate and supplement the ordinary peace- time services of the City Gov- ernment with the services of those who will be. directly engaged in taking measures against, or in preparation for, air raids and other war hazards and who will also be engaged in such activities as will stimulate the civilian par- ticipation in the war effort. To that end all persons mentioned herein shall perform the duties authorized or prescribed herein and shall cooperate to the fullest extent permitted by law with the State, any of its agencies or in- strumentalitics and the officers or employees thereof, and with the Federal Government, or any agency or instrumentality there- of, authorized to act with respect to any such measures or activities. It is hereby declared to he the intent of the City that all pos- sible steps be taken to coordinate the war activities of the City with the war activities of the State and Federal Governments In order to promote uniformity in policy and action. SECTION 2. DEPARTMENT OF CIVILIAN DEFENSE. There is hereby established within the government of the City of Newport Beach a depart- ment to be known as the Depart- ment of Civilian Defense, herein- after referred to as the Depart- ment, which shall consist of: (A) a War Council; and (1) A Civil- ian Defense Corps, (2) A Citi- zens Service Corps. The Depart- ment shall be subject to direction and control by the War Council, as hereinafter provided. SECTION 3. WAR COUNCIL. The War Council shall consist of the Mayor, who shall be ex- officio chairman, the Commander of She Civilian Defensa Corps, the Director of the Citizens Service Corps, and the Coordimitor of the War Council, which offices are hereby created. In the event the Mayor shall be Commander of the Civilian Defense Corps, there shall be an additional office of Deputy Commander, the incumbent of which shall be a member of the War Council. Such offices shall be filled by appointment by the Mayor with the approval of the City Council who shall also have the power o° removal of any such appointees. Any vacancy in the War Council shall be filled in the same manner as the original ap- pointment thereto. SECTION 4. POWERS AND DUTIES OF WAR COUNCIL. (4al To initiate, coordinate and direct, except as Otherwise provided by this ordinance, all ac- tivities made necessary by the war which directly affect the city government or which require or- ganized community action. (4b) To prepare and recom. mend for 'consideration by the City Council, rules, regulations or ordinances with respect to any matter deemed by the War Coun- cil essential to the war effort. (4c) To enforce the lawful or- ders, and comply with the re- quests and recommendations of the federal or state government or any officer or agency thereof, when specifically requested to do so. Execpt as to the power grant- ed in Section (4b) hereof, the War Council may delegate any of its powers, functions or duties to the Coordinator for the War Council, the Commander of the Civilian Defense Corps, or the Di- rector of the Citizens Service Corps. (4e) To request, and upon ap- proval by the department head in charge thereof, to obtain the transfer of municipal personnel or property, on either a tempor- ary or permanent basis from any other department of the city gov- ernment. (4f) To prepare and recom- mend a budget for the expendi- ture of moneys appropriated or made available to the department by the city. and of moneys re- ceived by the city from private sources, or from the state or fed- eral government for any of the objects or purposes of the depart- ment, and to submit the same for approval by life city council. (4g) Within the limits ..of funds made available to the de- partment, and subject to all ap- plicable requirements of law or ordinance, the ,War Council shall have the power to employ neces- sary personnel and to acquire 'by purchase or lease, suck, other fa- cilities. equipment and supplies as are necessary to carry out the functions of the department. SECTION 5. COORDINATOR FOR THE WAR COUNCIL. The Coordinator for the War Council, hereinafter referred to as the Coordinator, shall have the following powers and duties; (5a) The Coordinator shall be the executive officer of the War Council mud shall exercise such powers of general supervision over the activities of the Depart-.' meet, including- the Civilian De -' fence Coifs 'and the Citizens Service Corps, as the War Coun- cil shall determine to be neces- sary to effect a proper coordina- tion of their activities. (5b) The Coordinator shall or- ganize, and direct the work of the following administrative, agencies of the War Council:- 1. A Volunteer Office, which shall serve as the recruiting office for the Department. If he.. deems it necessary the Coordinator shall appoint a Director for the Volunteer Office. No recruitment of volunteer personnel for either branch of the Depart- ment shall be made except through the Volunteer Of- fice. 2. A Training Division, which shall include the training of all enrollees In the Depart- ment. If he deems it nee- weary the Coordinator shall appoint a Director of Train- ing and such instructors as may be required. All Train- ing shall conform as nearly as practical to requirements of the Office of Civilian De- fense. It is the intent of this ordinance that all en- rollees in the Department shall be fully trained, but in the event it is impossible to induce a sufficient num- ber of volunteers to com- plete the prescribed train- ing courses enrollees may serve actively in their re- spective units and services of the corps regardless of the degree of training they may have attained. The Coord- inator shall ismie a training completion certificate to all enrollees who complete a prescribed training course. A War Informaton Division, which. in accordance with rules to be, established by the War Council, shall re- view and pass upon any material to be released by press, radio, or any other method of publication. The Coordinator, if he deems it necessary may appoint a Director of -the War Infor- mation Division. 4. A Personnel Office, which shall keep a record of all ` enrollees in the Department, supply such evidence as may be necessary to secure to enrollees the benefits of State and Federal Compenl sation other than that of a medical nature, and estab- lish a Casualty Record Sys- tem. The Coordinator, if be deems it necessary, may ap- point a Personnel Officer. Unless the amount of work should require 'appointment of a Director of the Volunteer Office, a Director of the Training Divi- sion. a Director of the War In. formation. Division, and a Person- nel Officer, the Coordinator may assume the duties and titles of such Directors and Officer. , SECTION 6. CIVILIAN DE- FENSE CORPS. The Civilian Defense Corps shall consist of the Commander, a Deputy - Commander, and the fol- lowing Services: (a) Staff of the Commander; '(b) Emergency Fire Service; (c) Emergency Police Service; (d) Air Raid We- Service (e) Emergency Medical Service; (f, Emergency Welfare Service; (g) Emergency Public Works Service; (h) Emergency Utilities Service, including rep- resentatives cal all essential pub- lic utility services: (h) Auxiliary Group. SECTION 7. POWERS AND DUTIES OF THE COMMANDER. In addition to the powers and duties herein conferred, or which may be delegated to him by the War Council, the Commander shall have the following powers and duties: (7a). The Commander shall or- ganize, supervise, and direct the Civilian Defense Corps, in con- formity with policies established by the War Council. In the es- tablishment of such policies con - sidelation shell be given the rec- ommendations of the Federal Di- rector of Civilian Defense and ether eppropriate federal and state officers and agencies. (7b). In case of enemy attack or during a period of air raid alarm and until such time as the emergency created thereby shall • • E be declared ended either by the Commander or by the City Coun- cil. the Commander shall have complete authority over the city government, and he shall have the right to exercise all police power vested in the city by the constitution and the laws of the State of California, including power during such time to issue and enforce rules, regulations and orders which he considers neces- sary for the protection of life and property. Whenever the Com- mander or the City Council shall declare the emergency to be end- ed, 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 it- self legislate thereon. (7c). The Commander shall hold Periodic drills and such other tests of the effectiveness of the Defense Corps as may be necessary to assure its effective performance under emergency conditions. (7d). The Commander shall di- rcet inaintmance and operation of the city's Air Raid Warning System. (7e). The Commander shall es- tabliei: at some safe and enclosed place in this city a control cen- ter, an alternate control center, end, ii' necessary, a district con- trol center or centers, which shall be used in times of emergency as the centers from which the De- fense Corps shall be directed and coordinated. The Commander shall designate the persons who shall be present in the control center, or centers, during times of emergency and, drills, includ- ing tte Chiefs of the Emergency Services. No person, other than designated staff members, shall be permitted to enter the control room during times of emergency unless he shall have a pass issued to him by the Commander. The Commander and the Chiefs of Emergency Services, with the ap- proval of the War Council, shall designate deputies to take their places, exercise their Powers and perfomi their duties in the con- trol center Intte event they are abs=_nt, become incapacitated, or are otherwise unable to act 'The Commander shall staff, equip and operate the control center and the Civilian DeSenne Corps as nearly in accordance with the recommendations of the Federal Director of Civilian Defense as local conditions warrant. In the event this city is in- cluded in any plan for the op- eration of a control center over a larger area within which this city is included, which pan calls for the presence therein of a representative of any of the ?rnergency Services of this city, the Commander, with the approv- al of the War Council, may au- thorize the chief of any such service or a representative desig- nated by him to participate in such a plan and report to such a control center. SECTION 8. MUTUAL AID. Whereas an Act of the Califor- nia Legislature known as the War Council Bill, approved by the Governor January 30, 1943, renders it mandatory for cities to render mutual aid to other governmental units in accordance with a mntual aid program set forth in said Act, and requires that Commanders of Civilian De- fense Corps obey the orders of State Regional Civilian Protection Officers issued in furtherance of the mutual air program, the Com- mander of the Civilian Defense Corps and the Chiefs of the vari- ous Services affected are hereby authorized to comply with such orders. SECTION 9. LOCAL PROP- ERTY OFFICER. The local property officer, here - tefore appointed by the Mayor with the approval of the City Council in conformity with regu- lations of the Federal Director of Civilan Defense, shall be under the direction and supervision of tte Commander. He is authorized and directed to receive, account for, and distribute, in accordance with the orders of the Commander not inconsistent with the ,terms of any agreement under which property was given or loaned, to the city for the protection of per= sons or property against air raids and other war hazards. . The lo- cal property officer shall perform such other duties as may be dele- gated to him by the War Council or the Commander. SECTION 10. CITIZENS SERVICE CORPS. The Citizens Service Corps shall consist of the Director and the fallowing divisions: (a) Division of Health, Welfaro and Recrea- tion; (b) Division of Transporta- tion and Housing; (c) Salvage Di- vision; (d) Consumer Interest Di- visions; (e) Division of Agricul- tural and Industrial Production; (f) Division of Schools and ,Ed- ucation; and (g) Division of War Bonds and Stamps. A special unit of neighborhood and block leaders shall be attached to the staff of the Director. (1.0a) The Director shall organ- ize, enpervise. and direct the Cit- izens Service Corps, in conform - it .pith policies to' be established by the War Council. In the es- tablishment of Stich 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. (10b) In addition to the regular members of the divisions and emits 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 as ;st the members of Such divi- sions and units in the performance of their duties. Such auxiliaries, recruited for special, temporary cr occasional duties, need not be .required to take the oath of office and otherwise meet the require- ments established for regular members and trainees of the de- partment. Ouch auxiliaries may aut!ify for regular or special membership in the Service Corps, in accordance with rules and re- quirements established by the War Council. (100 Owing to an, insufficiency of volunteer personnel within the City, the provisions of Section 10 shall be permissive rather than mandatory. SECTION 11. POWERS OF APPOIN'CMF.NT AND REMOV- AL. Except as otherwise provided in this ordinance, officers and members of the 'Citizens Defense Corps and Citizens Service Corps shall be subject to appointment and removal as follows: Chiefs of the Emergency Serv- ices and units and other officers and volunteer members of the De- fense Corps shall be appointed by the Commander, with the ap- proval of the War Council, ex- cept that the Chief of the Police Departn -.cnt shall be Chief of the 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 and vol- unteer members of the Service Corps shall be appointed by the Director with the approval of Via War Council. The Chiefs of the Emergeacy Services of the Defense Corps and Chiefs of the divisions of the Service Corks may reject 'Say person recnrited'by the volunteer office who, in the opinion of the Chief; is not qualified to work in that,Emergency Service or di- vision: In accordance with the provi- sions of this ordinance and rules establis ^ed by the War Council, ,the Commander slia :l have power to remove any member of the Defense Corps and the ' Director shall have power to remove any member of the Service Corps, pro - . vidcd, however; that this ordin- mice shall not vest in the Com- mander or the Director authority to remove from his regular em- ployment any officer or employee of any other department of the city government assigned to,- or 'who, in the normal course of his other duties, is made a'. member e^ any Emergency Service or di- vision of the Defense Corps or Service Corps. The power or re- inoval may be delegated by the Commander or the Director to the Chiefs of Emergency Services or divisions. - SECTION 12. SERVICES, DI- VISION AND UNITS. The War Council shall have the power to revise the emergency 5el'Vices of the Defense Corps and the divisions of the Service Corps as set forth above, to create units within each of such serv- ices and divisions. to create addi- tional services, divisions, or units. and to abolish any service, di- vision.- or unit if, in the -opinion of the War Council, the more ef- ficient execution o: the. activities of the department requires such action. Emergency Services and units of the Defense Corps shall per - fcrm such duties as the Core- r. andcr, with the approval of the War-Council, may specify. Di- visions slid units of the, Service Corps shall perform such ditties as the Director, with t`s approval of the War Council, may specify. The War Council shall deter- mine the number of members to be appointed to each of the Emergency Services of the De- fense Corps and units thereof, and to each of the divisions of the Service Corps and units thereof. SECTION 13. OATH OF OF- FICE. All persons appointed pursuant to Section 2 hereof shall, before entering upon their duties, take the following Oath of Office (ex- cept that aliens may omit the first two clauses): I. .......... ..............................I Sol - enmly swear (or affirm) that 0 E • I will support and defend the Constitution of the United States and the State a3 Cali- fornia against all enemies, for- eign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; that I will well and faithfully discharge my duties as a member of the United States Citrzens Defense Corps; and that I will not advocate, and have not advocated, the overthrow of our constitutional form of government in the United States by force or vio- lence. SECTION 14. ADDITIONAL POWERS, FUNCTIONS, AND DUTIES OF THE DEFENSE AGENCIES. In addition to the powers, functions, and duties herein con- ferred upon the War Council, the Defense Corps, and the Service Corp.4, and the officers and mem- bers thereof, said agencies and the officers and members there - of shall also possess such powers, functions, and duties as may be delegated by the Governor or any officer or agency of the State. Neither the War Council, the Defense Corps, the Service Corps, or the officers or members of any said agencies shall exercise any powers or functions, or issue any orders, rules, or regulations in- consistent with orders, rules, and regulations promulgated by any proper Military authority, by the Governor, the State War Council, or by their respective agent or agents, or by the Federal Director of Civilian Defense. SECTION 15. IDENTIFICA- TION. No person who is not an en- rolled member of the Department shall be entitled to wear or use any form of identification which would hudicate he is a member, or to represent himself to be a member. Any person resigning or removed from his position as a member of the Department, or ceasing to act as such for any reason, shall immediately sur- render to the person or agency from. which the same was received any arm band, card or other means of identification prescribed for persons appointed pursuant to tits ordinance; or any permit to operate a vehicle during pc- r'ods of air raid alarm which may have been obtained for him by the Department, together with the accompanying headlight mask; and all other equipment, materials or supplies entrusted to him by or on behalf of the city. Any person wearing or possess- ing, without proper authorizat'on, any of the methods of identifica- tion, permits or articles set forth in the paragraph next preceding, or who falsely represents himself to be a member of the Depart- ment, shall be guilty of a mus demeanor and upon conviction shall be punishable by fine not to exceed $100.00 or imprisonment of not to exceed thirty (30) days, or both. SECTION 16. COOPERATION WITH THE DEPARTMENT. Every municipal agency and of- ficer having Jurisdiction over any officer or employee of the city is hereby authorized to comply with any request from the War Coun- oil for the transfer of municipal personnel or property to the De- partment of Civilian Defense. Every officer or employee of this city assigned to the Depart- ment of Civilian Defense for the performance of full -time or part duties shall perform said duties as a part of the official duties of his position and in the course of his employment, notwithstanding the provisions of anv ordinance, resolution, civil service or other rules and regulations, otherwise prescribing or limiting his duties or the duties of his position. No person shall receive any compensation from the city for his services to the Department unless such compensation shall be expressly provided, for by the Clty Council. The foregoing shall not be deemed to deny to any officer or employee of the city his right to his normaf compensation for the performance of his official duties, merely because these du- ties be deemed hereafter to be included within the civilian de- fense effort. No officer or employee of this city shall suffer any reduction of pay or loss of civil service status or rights by reason of his per- formance of services under the J urisdiction of the Department, if Performed with the consent of or at the order or .request of the municipal board or officer direct- ing his employment. . . SECTION 17. RATIFICATION OF PRIOR ACTIONS IN CON- NECTION WITH CIVILIAN DE- FENSE. All prior appointments, actions, and things done in furterance of the Civilian Defense of the City by officers or employees of the City and by inhabitants of the City who have volunteered their services are hereby ratified, con- firmed, and approved in all re- spccts; provided, however, that such ratification, " confirmation . and approval shall not apply to undertakings committing or ob- ligating the City to expend funds unless such undertakings have been previously authorized by the City Council. All such persons previously appointed and now per- forming duties falling within the functions, powers, and duties of the War Council or the Defense Corps, as herein prescribed, shall continue to perform such powers, functions, and duties the same as if appointed pursuant thereto. SECTION 18. IMMUNITIES CONFERRED BY THIS ORDIN- ANCE. Neither the City, nor any of- ficer, agent, or employee thereof. °hall be liable for personal in- jury or property damage sus- tained by any person appointed or act'ng as a Civilian Defense worker or member or an v agency engaged in Civilian Defense ac- tivity. The foregoing shall not affect the right of any person to receive benefits of State or Fed- eral compensation. Neither the City nor, except in cases of wilful misconduct, any officer, employee, or agent of the City, or member of any agency engagcd•in any Civilian Defense activity, complying with or at- em:pting to comply with this Or- dinaace or any State statute or any order, rule, or regulation pro- mulgated pursuant to the pro- .. visions of this Ordinance, or such statute, or by proper military au- thority, shall be liable for the death of or injury to persons, or for damage to property, as a re- sult of any such activity. SECTION 19. AID FROM STATE OR FEDERAL GOVER- ME= OR OTHER SOURCES. In addition to other powers herein granted the War Council, except in cases requiring a pledge of the City's credit or the ex- penditure of Clty funds in which event the prior approval of the City Council shall be obtained, is authorized: Tq accept; from the State or Federal Governments, grants or other financial assist- ance and loans or donations of property, both real and personal, and to this end to comply with such conditions and enter into such leases or agreements m may be necessary, convenient, or de- sirable; and to accept contribu- tions in the form of cash. and loans or donations of property. both real and, personal, from in- dividuals, firms, partnerships, corporations, associations, and or- ganizations. It is the purpose and intent o° this Ordinance to authorize, the War ,,Council to do . any and all things necessary or. desirable to secure the financial or other aid and cooperation of the State Govcrurnent, the Fed- eral Government, and private in- dividuals and organizations for the purpose of carrying out the provisions of this Ordinance. SECTION 20. EFFECTIVE DATE OF RULESAND REGU- LATIONS ISSUED PURSUANT TO T1:IIS ORDINANCE. All rules and regulations is- so cd pursuant to this Ordinance governing the conduct of persons or property shall be filed with the City Clerk who shall immediate- ly post copies thereof in the City Hall and such other public places as he shall deem necessary, and upon Bach posting by the City Clerk such rule or regulation' shall be in full force and effect. SECTION 21. SEVERABIL- ITY.. Notwithstanding any other evi- dence of intent, it is hereby de- clared to be the controlling intent of the C;ty Council, that if any provision of this Ordinance, or the application thereof to any person or circumstances.. is held invalid, the remainder of the or- dinance and the application of such provision to persons or cir- cumstances other than those as to which it is held invalid, shall not be affected thereby. SECTION 22. ORDINANCE CONTROLLING. INSOFAR as the provisions of this Ordinance are inconsistent with the provisions of any other Ordinance or Resolution of the City Council the provisions of this Ordinance shall be controlling. SECTION 23. TERMINATION OF ORDINANCE. This Ordinance shall remain in full force and effect during the period the United .States is en- gaged in the present war with any foreign government. SECTION 24. EMERGENCY. To preserve the public peace, hca:th, and safety, and to pro- mote the defense of the City and aid in the promotion of the de- fense of the State and Nation it is necessary that this Ordinance shall become immediately opera- tive. It is therefore declared to be an emergency measure and shall take effect immediately up- on its passage and approval by the Mayor. SECTION '25. The City Clerk of the City of Newport Beach • shall certify to the sgparate vote on the urgency of this ordinance and its passage by the vote of five members of the City Coun- cil of the City of Newport Beach, and cause the sage to be pub- lished once in the NEWPORT BALBOA NEWS - TIMES, a news- paper printed and circulated in the City of Newport Beach. The above and foregoing Or- dinance was introduced at a reg- ular meeting of the City Counr cil of the City of Newport Beach - held on the 2nd clay of August, 1943, and was finally passed and adopted by a vote of 5 members -. of the CIty Council of the City , of Newport Beach. at an ad- journed regular meeting thereof held on the 9th day of August, ., 1943, after the question of the , urgency of the foregoing Ordin- ance was passed, by the following roll call vote: AYES, COUNCILMEN: Allen, Kirk, Isbell. Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: ' None. ATTEST: FRANK L. RINEHART, City Clerk - CLYAN H. UALL, Mayor, City of Newport Beach. • The foregoing Ordinance is signed and approved by me this 9th .day of August, 1943. CLYAN H. HALL, , Mayor. Pub.: Aug. 12, 1943.