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HomeMy WebLinkAboutORD NO 617EMERGENCY ORDINANCE NO. ~]J I~EW SERIES AN E~ZERGENCY ORDINANCE PROVIDING FOR EXTRA COMPENSA- TION FOR OFFICERS AND EMPLOYEES OF THE CITY OF BAKERSFIELD ENTERING THE ARMED FORCES OF THE ARMY OR NAVY OF THE UNITED STATES GOVERNMENT. WHEREAS, the United States of America is engaged in a state of war with Germany, I~aly, and Japan, AND VfiTEREAS, it is determined by the Coumcil of the City of Bakersfield that some provision is necessary to provide for extra compensation'for officers and employees of the City of -Bakersfield entering the armed forces of the army or navy of the United States Government, AND V~REAS such action is deemed to be for the immediate preservation of the'public safety and welfare, NOW, THEREFORE~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as.follows: SECTION 1. .... Fnenever any officer or employee of the City of Bakersfield, who has been in the continuous service of the City as such officer or employee for one year or more, enters service in the armed forces of the Army or Navy of the United States Government, whether by reason of voluntary enlistment or otherwise having entered such service, such officer or employee may apply for a leave of absence as provided by Ordinance No. ~9~ New Series, and, such application having been granted, such person shall receive one month's.salary if his salary is computed upon a monthly basis, dr he shall receive · the equivalent of twenty-fou-r (24) eight _(8) hour.days wages if his compensation is based upon a per diem or hourly basis~ at the commencement of his leave of absence, or otherwise as herein pro- vided. Such payment by the City of Bakersfield shall be in lieu of and in full payment of any claim ~for oven-time or' vacation payment or salary accrued at the time of entering such service, and shall also be in lieu of any claim for leave of absence with pay for the fifteen (1~) days annual intensive training period with the Reserve Corps, Naval Reserve, Narine Corps Reserve or National Guard of the United States Army or Navy, allowed by the Charter of the City of Bakersfield, from the time of the commencement of such leave of absence until such officer or employee returns to active permanent duty with the Gity of Bakersfield; provided, however, that if any such person has taken a vacation during the calendar year in which such service shall commence, then the amount of salary or wages paid for such vacation period shall be deducted from the amount herein provided for. The acceptance by any such person of the amount herein provided for shall constitute a waiver by such person of any and all claims for compensation for over-time worked, or pay during any claimed vacation period. The provisions of this ordinance shall be applicable to persons qualified who have entered service in the armed forces of the Army or Navy of the United States Government since July 31, 1940, and who are now actually on leave of absence because of such service. SECTION 2. This ordinance shall remain in full force and effect for the duration of the war between the United States of America and Germany, Italy, Japan, or either or all of them, and so long as a state of war exists between the United States and any other nation or nations. SECTION 3 This ordinance is hereby declared to be an emergency measure within the meaning of Section 24 of the Charter of the City of Bakers- field, and shall be in full force and effect from and after its passage. SECTION If any section,. sub-section~clause, or phrase of this ordin- -2- ance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance~ and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections~ sub-sections, sentences, clauses or phrases be declared unconstitutional. o0o I R~EREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Cobu~cil of the City of Bakersfield~ at a regular meeting thereof, held on the 2~th day of May , 19~2, by the following vote: AYES: CLEMENTS, M~, ..... !:CFI.":,*':. SIEMON, SMITH, VANDERLEI, VERCAMMEN NOES' ~ ................... ~ ........ ABSE~;:~,.~ ........................... ., City Clerk And Ex-0fficio Clerk of Council of the City of Bakersfield. APPROVED by me this 2~th day of Nay, 1942. OR of the City of Bakers field. the STATE OF CALIFORNIAI County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ............. ~ ..... ..?....~.. ................. 19..~,....'~., he 'posted on the Bulletin Board at the .City Hall, a full, true and correct copy of an ordinance passed by the. Council of said City at a meeting thereof duly held on ........... ..M.,a..y._....2.~_~ ............................. 19.. ,.4. 2., which ordinance · was numbered ..... ~-]--,Z ........... New Series, and entitled: AN EMERGENCY ORDINANCE PROVIDING FOR EXTRA COMPENSATION FOR OFFICERS AND EMPLOYEES OF THE CITY OF BAKERSFIELD ENTERING THE ARMED FORCES OF THE ARMY OR NAVY OF THE UNITED STATES GOVERNMENT. ,~/~ .'q.:: ..... d and sworn to before me this "'- ' .......//:'~o ....... ~"~ ....