Minutes 05/09/1939 - Laserfiche WebLink

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Notion of. NP. La~rrence to lay on table until next meeting~ was adopted. The following communications from the City Attorney were read: Ist- "At your i~st meeting~ you referred to me the requests of Nessrs.~.A. ~rnitscn and E~e~t S~ L~e~e fe~ relief- e~ pe~se~al ~axes. I find ~ N~. ~t~n was~ ImD~Derly assessed for ~e ye~ 1936~ ~ounting to $1.33~ ~and 193Y ~o~ting $o $1~25, and t~t he should be relieved of these ~O~S. ~. L~ders. was ass~essed for ~use~ld fusible at ~h 639 E~. Ve~- non Avenue ~d 1~29 He~laday Street in 1~3~.~ I$ ~a~s ~ he ~ved f~m one ~si~ence to She o~her d~i~ ~hat year~ and the t~ asses~rs fo~ him a~oth p~ees. A~ he wa~ re - si~ng on Nt. Ve~on Ave~ on the firs~ of J~ry~ 193y, ~he assessment placed on him at that place was evidently the p~per assessment. He paid ~h assessments, and he ~hould be ~efund- ed $1~ 58. ~ Notion of Mr. Fox to concur in ~he Attorney s reCommendation, was adopted. 2n~ - nat your request, i respectfully submit my opinion in rsgard~to the position of Aesists~t Fire Chief. Section '?1 of the City Charter states that among other officers there shall be one Chief of the Fi~re~ Bection 73 states~ Uand there may be s~ch ether officers as the- Coun- cil may deem proper to have~ whose election term of~ office, duties s~ud compensation may be prescribed by the Council. n ~ne City Council by ordinance adopted Nay 1Oth~ 1921, provided that the positions in the Fire Depa~r~m~ent of the City~ the number of employees thereof, and their respective salaries are prescrioed, designated and fixed as fellows: One Chief - $2~520. per annum; one assistant Ohief ~ $2,100. per amn~m, and other officers. ' Section 5 of the same ordinance p~ovides: ~All appointments and promotions of employees of the Police and Fire Departments of the City shall be made by the 0ity Manager~ All new appointments shall be made from list of eligibles es~ tablished by the CityNanager or by ~he City Civil Service Board whenever that Board has been established by City Ordinance after competitive examinations and any new appointment shall be made frem the three men on that list having the highest average. All appointments shall be made strictly on consideration of mer- it s~d efficiency.~ No duties were prescribed for the Assistant Ohief. However, the City Couhci! has s~noe made changes in the salaries and number of employees and ~he Budget Ordimance provides: ~The City Eanager is hereby authorized at any time during the year to effe~ct any consolidation of officers. Or make other changes he may deem to be to the interest of the City, provided there is no increase in expense.' Under authority of~ the provision in the Budget Ordinance ~he City Man- ager dispensed with the position of Assistant Fire Ohief and by letters notified the Ohief of the Fire Department and the 0!fy Council on January 2~, 1939o There is now no such position." On motion ord~ered filed~ 3rd ~ '"At your request, pointments should be made to vacanole.s in the police and ~ire departments of th~ City. Section 3 of the Act of the Geners~ Assembly of Virginia, approved March 3, 1936, provides in part: it shall be the duty of the civil service commission: ~(I) When a vacant position is to be filled, to certify to the appoint= lng authority, on written request, the name of the person highest er the three persons highest on the eligible li~st for the class; and if there is no eueh list, to establish a provisiona]~ or temporary appointment list of such claes° No temporary or provisional appointment shall continue for ~ period longer than four months; nor shall any person re6eive more than one pro- visional appointment or serve more than fomr months as a provisional appointee in ~y fiscal year. ' ~eotion 9 provides as follows: ~Appointments to vacant positions; certifications ~om lists. - knnenever a position in the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall make requisition ~oon the commission for the name ~nd address of person eligible for appointment thereto. The Commission shall certify the name of the person highest or the tttree names highest on t~he eligible llst for ~he class to ~nich the vacant posi- tion has been allocated, who i's~ Or are~ willing to accept em~oloyment. If there is no appro - priate list for the e!ase~ the commission shall certify the n~e of the person or persons standing highest on said list held appropriate for such class. If more than one vacancy is to be filled, an additional name shall be certified for each ~dditional vacancy. The appointing power shall forth~th appoint such person to such vacant position. ~henever requisition is te be ma~de~ or whenever a position is held by a temporary appointee and an eligible list for thee cla~s of such position exists, the commis sion shall forthwith certify the name of the persons eligible for appointment te ~he appointing power, and said appointing power shall forthwith appoint ~ person co certified to said position~ No person so certified shall be laid off, suspended or given leave of ~ab~se~nce from duty, trans- ferred or re,lucked in pay or grade, except for reasons ~ich will p~omo~e the good of vice, snecified~in writing and after an opportunity to be heard by the commission and then~ on- ly vr~th-its con~ent and app~ovalo To enable the mppointlng power to exercise a choice in the filling of positions, no appointment, emplo2ument or promotion in any position in the classified serVice shall be deemed Complete until after the expiration Of a period of three to six months proba-