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and read:
<br />
<br />61 - 31
<br />
<br />The following'ordinance, approved on first reading at last meeting was taken up
<br />
<br /> '~N ORDINANCE TO A~IEND~THE ORDINANCE ADOPTED AUGUST'Pth, 1960, P~OVIDING
<br />FOR THE CLASSIFICATION OF E~PLOY~ENT AND A COMPENSATION PLAN FOR FIREMEN AND
<br />POLICE~ OF THE CITY, BY ADDING THEHETOA NEW SECTION TO BE NUMBERED SECTION 10,
<br />TO ESTABLISH A COMPLEMENT FOR THE POLICE"_4/~D F~RE DEPARTmENTs''
<br />
<br /> Motion of Mr. Walker ~o table until such time as the City Manager can revise and submit
<br />proposed complement for next year's budge~, was lost, there being~no secohd.
<br />
<br />Motion of Mr. Weiseman that the ordinance be adopted.
<br />
<br /> Motion of Mr. Walker that the motion be amended ~o add to the title of the ordinance:
<br /> 'AND TO REPEAL SECTIONS 2-67 and 2-69 OF THE CODE OF THE CITY OF PORTSMOUTH' was lost, there being no second.
<br />
<br /> · Motion of~ Mr; Wa~'er that S~ction 10 (b)'be Kmended ~o read 'se~en Captains~ nine Lieu-
<br />t~nants, twenty-o~e Sergean~ ~nd one hundr&B't~ Patrolmen2De~ectiv~s, was lost, there~l~g.qo second.
<br />
<br /> M6%i0h 8f'M~2~ Walker tha~ Secti6n~ l0 (b) 6e amedded to read 'eight Captains' was lost,
<br />there being no second.
<br />
<br /> Motion of Mr. Walker tha~ Section lO (b) be amended to read 'nine Captains' was lost, and
<br />by the following vote: ·
<br />
<br />Ayes: Breedlove, Walker, Weiseman
<br />Nays: Smith, Barnes, Leery, Seward
<br />
<br />Mr. Walker read the following statement:
<br />
<br /> "In September 1959, prior ~o the retirement of Chief Warren, the City Manager appointed
<br /> three (3) Police Captains, not ro fill vacnncies, there were none, not tb fill new jobs or ~o command new pre -
<br /> cincts- there were none, but Simpiy b~cause Chief Warren wante~ them a~pointed before the new Civil Service lis
<br /> of eligibles became effective a few days afterwards, s list which did no~ contain one or more of the three
<br /> names desired. Of even more'importance to consideration of ~his complement ord'inance before us is the fact that
<br /> the Manager made these appointments without the necessary funds which could uo~ be appro~riated until the six
<br /> months budget in January, without consulting the Council, and by so doing practically forced the appropriation
<br /> of funds in that budget. - '
<br /> Investigation ~o discover how it was 'possible for the Manager ~o so patently misuse his
<br /> position revealed, among other things, that the Code and the Charter were in conflict and that the Manager had
<br /> used the situation and ignored his responsibilities%
<br /> One of the first of my actions to this date was an ordinance to establish a complement
<br /> which I proposed at the Council meeting'of November 10, 1959. ~-Council record Item 59-25.1 refers. It was tab-
<br /> led. A complete presentation of the facts concerning the explogive situation in the Police Division was also
<br /> made a~ that timm to substantiate the intent of the ordinance zo provide s stable and fully public complement
<br /> an~ a liveable salary in the lower brackets to alleviate the neceDsity for moon-lighting and star-lighting.
<br /> During the mouths following the tabling of this proposed ordinance, I tried in various
<br /> ways to generate action ~o cure a chronic and po'tentially dahge~ous sithation in the PoliceDiv~sion as well as
<br /> to carry ou~ the law pertaining to that rs ther nebulous Department of Phblic Safety. The only positive result of
<br /> all previous action was the revelation and decision that t~re were so many holes zn the ship that temporary
<br /> p~lugs~wbuld not preveh% i%'from e~entually sinki~gl; o~ blowing up.' Conseqneutly, on Oct. l?, 1~60, I filed a
<br /> Declaratory Judgment suit in the Court of Hustings with the purpose of legally strengthen~n~ thO"whole structure
<br /> before it collapsed of its own weight. ~f the six allegations contained therein, three were aimed at establish-
<br /> zng a complement~ in the Police and Fire Divisions as required by Charter but circumvented by the 'Code. These
<br /> allegations were: T~T -
<br /> (b) Section ~3, Chapter VII of the Charter of the C~ty of Portsmouth, Va. provides that Council shall
<br /> determine the complement, the number of positions, and that, in the case of permanent civil employees, the no-
<br /> tations of rank and the amount of funds appropriated in the annual budget does'not constitute the lawful estab-
<br /> lishmen~ of such position, and that this section of the Charter requires further action of Council to provide
<br /> an instrumen~ ~o mazntain a proper and curren~ complement of employees.
<br /> (c) Section 2 (7) Chapter XIV of the Charter of the City of Portsmouth, Va. compliments and'bears out
<br /> the intent of 9. (b) Ij above and provides that the Manager shall appoint such employees as the Council deems
<br /> necessary and stipulating exceptions therefrom, and that this section of the Charter specifically separazes the!
<br /> power of determining the positions from the power ~o appoint an employee to that bosition.
<br /> (d) Section 2-67 Art. IX of the Code of the City of Portsmouth, Virginia is an unlawful
<br /> , delegation of
<br /> power ~o the Manager in that i~ places the power to make s positioh in the Police and Fire Divisions and also
<br /> the power to fill such position i~ that office, and that it specifically circumvents the requirements of Secti
<br /> ?S,'~Chapter V~I and Section 2 (?) ChapDer XIV of the~Charter. Section 2-69 Art. IX of the Code of the City of
<br /> Portsmduth, Va. ( Bsme as 9. (d) 1. above but relating ~o the Fire Division.
<br /> Constructive review and adjudication of these allegations, on their merits,, was pre -
<br />ven~ed'by the City Atterney's demurrer which also'prevented public knowledge of the facts alleged. The day that
<br />the final demurrer was sustained by the Court, tk~ 'Manager presented an ordinance ~nich, on its face, did provid(
<br />a complement, but, in effect, did no~ resolve any of the basic qdestions. It did not correct the conflict be -
<br />tween the Charter and the'Code in that it did not provide for the repeal of Code Sections 2-67 and 2-89. It did
<br />act establish the presen~ positions so necessary to the personnel of ~he two Divisions, the Civil Service Com-
<br />misszon and the administrative officials for the proper application of their appointing powers. It did not
<br />providethe firm base of positions necessary to sane annual fiscal planning.
<br /> Under this ordinance, which the Manager sta{es is for a five (5) year period, but
<br />which fact he has failed ~o incorporate in the ordinance, the Manage~ ~s again free to play politics with the
<br />appointments of Civil Service personnel audio provide pay increases by promotion rather than vacancy'and regard
<br />less of need.
<br /> I have worked for the s~fety of an established complement of Police and Fire Division
<br />'personnel for many months only Eo have the Manager, realizing his untenable 'position under law and logic, recom-
<br />mend a complement, the size of which, in the grades of Captain, Lieutenan~ and Sergeant, is of no value excep~
<br />
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