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HomeMy WebLinkAbout566_CCv0001.pdf RESOLUTION NO._4�� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF fitAtA,� APPOINTING A LOCAL PROPERTY OFFICER PURSUANT TO REGULATIONS NO. I OF THE OFFICE OF CIVILIAN DEFENSE. The City Council of the City of does hereby resolve as follows: SECTION 1: Local Prc)Perty Officer. OCD Regulations No. I issued by James M. I'andiso Director of Civilian Defense, on Marh 18, 1942, provide as a condition prece- dent to the making of any loan to a city of equipment and supplies for the protection of persons and property from bombing attacks, sabotage and other war hazards, that the city council shall appoint a local property officer to serve as the authorized agent of the community to receive such loan upon such terms and conditions as shall be prescribed by the Director of Civilian Defense. SECTION 2: Powers and Duties. The powers and duties of such officer are those specified in the regulations, referred to In Section 1., which create such of- fice and which provide that the person appoInted to such office by the City Council shall be sub, ect thereto and to any other rules, regulations, orders or Instructions of the Director of Civilian Defense. SECTION 3: Bond. Such officer is required by the regulations to furnish a bond in the amount of * a'OOQXO (NOTE: Insert here the proper amount of the bond) which the regulations require to be $10,000 in communities whose population is 200,000 or more and $5,000 in other communities.) and the premium therefor is hereby declared to be a proper charge against the city. Such bond to be executed In the form and manner required by the Office of Civilian Defense, SECTION 4i AUointment to Office: is hereby appointed (Namajof-epi` tee to the position of Local Property Officer to hold office at the pleasure of the City Council and to serve without compensation from the city for his services in such capacity. Such Local Property Officer in hereby authorized, to receive and accept on behalf of said city all equipment, supplies, materials and money offered, granted, loaxied, leased or otherwise made available to said city, or any officer or departreiit thereof, by the federal government to carry out any defense program,, act or activity. SECTION 5: The City Clark shall certify to the adoption of this resolution thOl-r-'e-L'Orth and thereafter the same shall be In full force and effect. I hereby certify that the .fore going_,Resolution was unanimously adopted by the City Council, City of Redlands, California, held on April ls 1942$ as appears upon the records on- file In this office. Dated: April 1, 1942. By Deputy. 44 AM' LEAGUE OF C RLIEORIIIR CITIES MEMBER AMERICAN MUNICIPAL ASSOCIATION "WESTERN CITY" OFFICIAL PUBLICATION RICHARD GRAVES Berkeley . . . . 2121 Allston Way BErkeley 7700 LOUIS H, BURKE Legal Counsel Executive Secretary Los Angeles . . . 458 S.Spring Street Michigan 8395 Berkeley De-rlr City Official: March 27, 1942 On March 23 we forwarded. to you a copy of CCD Regulations No. I Issued by James M. Landiaj Director of Civilian Defense,, relating to the appointment and duties of local property Officers which are to be app9tnted in conjunction with the loans by the office of Civilian Defense of material) equip- ment and suppliess for the protection of perdons and property from war hazards. it would seem that by reason of the responsibilities 'to be imposed upon such local property officer. thatthere should be some formal action on the part of the City Council in the making of the appointmentto the office) and In authorizing the acceptance of such equipment, zr supplies as may 'he made available to the city. For this reasonp we have drafted a form of resolution which we submit herewith for the consideration of your city attorney. It would seem from the wording of the regulations that it is not the function of the city to actually create the office of local property officer, but merely to fill the office by appointment. This is borne out by the fact 'that the rules provide that the officer is to be supervised by the Regional Director of tho Office of Civilian Defense, and. that he is to furnish a bond, to the Federal Government, In the drafting of the resolution, we have, thorefore, avoided the creation of the r1 ice and have merely referred to the rules and, reg- ulations arA_pr_esv_iTed for the appointment. To follow such a procedure may have the of avoiding questions Of civil service procedures and other local provisions of law, such as are included in city cY.arters, requiring certain steps to be taken In the creation of offices and in the filling of 'them. Roference should be made to the OCD Regulations for the forms to be used in the making of appaiirtments, the furnishing of bonds) the giv- I ng Q o f Ce f' C�t-r ', of receipts, etc. These fQ=,e are to be from the f i illan Defense. There is nothing In the OCD Regulations which indicate whether car not a city is expected to appoint a city officer or employee or a civ- ilian volunteer to the position. By reason cf the nature and Importance of the trust involved, it is our opinirsn that a responsible city official should be ap- potnted. to the pr,ssition, although that Is a matter for local determination. Likewise, there is no provision in the regulations for the compensation of such officer, and it would appear advisable to provide in the resolution that the ap- pointee is to serve without compensation from the city for his services as local property efficer. Very truly yours, LOUIS H. BURKE Legal Counsel.