HomeMy WebLinkAboutORD NO 655AN ORDINANCE AUTHORIZING WAR EMERGENCY
EMPLOYMENT OF PERSONNEL, AND PRESCRIBING
THE PROCEDURE THEREFOR.
WHEREAS, the health, peace, property and safety of the
people of the City of Bakersfield, and the daily operation of the
municipal departments of said City require the passage of an
emergency ordinance providing for War Emergency Employment of
personnel in the various departments in the City.
NOW, THEREFORE, BE IT 0RDAINEDBY THE COUNCIL OF THE CITY
0FBAKERSFIELD, as follows:
SECTION 1.
The City Council of the City of Bakersfield~ pursuant to
the authority of Chapter 179, Statutes of 1943, approved by the
Governor April 21, 19¢3, and authority of Chapter 1, Statutes of 1941,
First Extraordinary Session, approved by the Governor December 23,
1941, enacts this ordinance for the purpose of providi~ for the
temporary employment of persons to fill offices or positions of
employment with the City of Bakersfield during the war emergency
a~ in order that the city government may function as nearly normally
as may be; this Council finds that as a direct result of the war in
which this nation is engaged there exists a local emergency vitally
affecting the functioning of the city government under the Charter
of said City and that the facts constituting such local emergency
are as follows: that a large and increasing number of officers
and employees of this City has either entered into active service
in the armed forces or has left the service of the City and obtained
employment with the Federal government or in defense industries~
that 'as a direct result of the manpower shortage produced by the
war~ the normal and prescribed. procedures for personnel recruitment
are proving entirely inadequate for the maintenance of essential
services rendered by the City~ that there is a sharp and substantial
decrease in the number of persons applying to take civil serving__
e.~xaminatlons and a marked increase in the number of persons on
civil service eligible lists who decline appointments or fall to
report when certified~ that it is now dif£icult and frequently
impossible to establish eligible listst and thatt thereforet
essential services rendered by the departments of the City govern-
Rent are now and will be interrupted or impaired~ and~ in some
casest will be discontinued if war emergency appointments are not
made~ that continued and continuous rendition of essential services
by the government of this Cityt and the daily operation of the
municipal departments thereof is essential to the .he.alth~ welfare
and safety of its inhabitants and is of vital importance to a
successful local and national defense.
SECTION 2.
Whenevert because of the war emergency~ there is no ap-
propriate list of eligibles from which certification for employment
in an~ position in the classified civil service can be made under
#
~he provisions of the City Charteft and the p~sition cannot be
£illed by regular civil service appointmentt and such ~acts are
made to appear by a certificate of the Secretary of the Civil 8errice
Board havin~ Jurisdictiont the head of a department may make a
~War Emergency Appointment~ subject to approval by the City Manager
to remain in force only until a regular civil service appointment
can be made but not exceedin~ six months after the date on which
existin~ hostilities shall have ceased between the United States
and the nations of Germanyt Italy and Japan as fixed by proclamation
of the President of the United States or resolution of the Congress,
Any employment authorized under the provisions of this ordinance is
the department
subject to termination at any time by the head of
makin~ the appointment,
SECTION 3.
All persons employed pursuant to this ordinancet shall .be
known as '~War Emergency Employees~ and shall be so desi~nated on
all records or documents relatin~ to their employment or compensa-
tion.
No such person shall acquire. any civil service status
shall not become a member of any retirement or pension system or
attain any other permanent status because of such employment.
SECTION ~.
The Auditor shall not approve any salary or compensation
to any 'r~arEmergencyEmployee- unless there shall be on flle
with the Auditor, a certificate of the Civil Service Board having
Jurisdiction of the employee, that there was no list of eligibles
available at the time of the appointment and that said employee
has been appointed and employed in accordance with the provisions
of this ordinance as a 'War Emergency Employee".
SECTION 5.
The Clvll Servlce Boards shall continue to hold examinations
whenever there are applications for positions in the departments
under thelr Jurisdiction and at such Intervals as may be practicable
in order that there shall at all tlmes be maintained as nearly as
may be, lists of eligibles for positions In the classified service
In the various departments in whlch there are vacancies in compliance
with the proylstons of the City Charter, a~t notwithstanding anything
to the contrary~ If ar~V emergency appointee shall have been selected
from an ellglble list and was otherwise ellglble and qualified for
a permanent appointment, he
appointee.
shall be deemed a regular clvll servlce
SECTION 6.
Any temporary appointment heretofore made by a head of a
department with the approval of the City Manager where there was
no list of eligibles from which certification for employment could
be made and the position could not be filled by regular civil service
appointment at the time of the appointment, and such t&mporary
employment was thereafter duly extended or continued in effect for
a period longer than sixty (60) days by the department head with
the approval of the City Manager, shall be valid as a war emergency
appointment and continue in effect subJec~ to the provisions of this
or4Anance.
SECTION 7o
This ordinance is hereby declared to be an emergency measure
within the meanin~ of Section 24 of the Charter of the City of
B.~ak. erSfield, State of California, and declared to be urgently
required for the immediate preservation of the public peace, health
and *safety, and shall take effect immediately upon its passage by
the Council of the City of Bakersfield. The followir~ is a state-
ment of facts showing its urgency:
The City Council hereby finds that the continued maintenance
of essential services of the City of Bakersfield without interruption.
is necessary to the preservation of local government, and that it
is necessary to provide for emergency employment of persons durir~
the war to accompli. sh this result.
HEREBY CEaTINY that the foregoing Emergency Ordinance
was passed and adopted by the Councll of the Clty. of Bakersfield,
at a regular meetlng thereof held on the 24th day of Aprll, 1944,
by the followiD~ votes
AYES: CARNAKIS, MARMADUKE, NORRIS, SIEMON, SMITH, VANDERLEi, VERCAMMEFi
NOES: _~ ..................................................
ABSENT: ~ ...............................................
City Clerk 'of the
Council of the City of Bakersfield.
APPROVED by me this 24th day of April, 1944.
MAY0~0f the City o~Bakersfield.
STATE OF CALIFORNIA)
County of Kern i 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 ............ ..A.t!..~..~.!. .......... ..~....~.~... .............. 19...4.4, 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 ........... ..A.~..r...i_.l....~..4.. ........................ , 19~.I.., which ordinance
was numbered.....~.....~'....~'.... ...... New Series, and entitled:
"AN ORDINANCE AUTHORIZING WAR EMERGENCY EMPLOYMENT
OF PERSONNEL, AND PRESCRIBING THE 12ROCEDURE
THEREFOR".
Sbs i
-" "--":. ~ cr bed and sworn to before me this
..... -~--.~. .........day of .......A.p..I'...J:..1. ............19.....4..,
-. ...........
.X~otary Public in and for the County af Kern,
-, State af California.