|
for this type cf business is unfair and I therefore ask for relief.
<br /> I am inclosing a proposed amendment to the erdlnance imposing a license tax
<br />for the City of Portsmouth, Va.~ for the year beginning May 1.
<br /> I have oonta6te~ Mr. Pearle Jo Wilson, a m~mb~r ~'%he Council, representing
<br />MonP~e ~ard, and have given him a copy of the proposed amendment which he promised to take
<br />up ia due ti~e with your honorable bod~v.
<br /> Thanking yom for your kind consideration in this matter, I sm,
<br />
<br />Very sincerely,
<br />
<br />SOUTHERN LAUNDRY
<br />
<br /> Fannie W. Ripley, Owner."
<br />
<br /> Motion of Mr. Wilson to refer to the City Manager to be cor~idered with the
<br />License Tax Ordinance, was adopted.
<br />
<br /> The following report was read:
<br />
<br /> USince our last report to City Council, March 22nd, 193~, the 0ivil Service
<br /> Commission has held regular and special meetings as well as a hearing on appeal from Substi-
<br /> tute Police officers.
<br /> At ~his hearing, the Commission concurred in the 0ity Mamager~s action,
<br /> abolishing six positions of Substitute Patrolmem.
<br /> Duri~ the year, ~he 0ommissio~ prepared additional examination papers for
<br /> use in nex~ examin~ions for both Police and Fire Departments. These papers will have to be
<br /> printed before the next examinations are conducted.
<br /> The Commission has ~ad several conferences with the City Manager.on matters
<br /> pertaining te the Civil Service la~. In this connection, the Commission wants to state that
<br /> through the failmre of the City Manager to eo-operate with the 0ommission and to comply wit~
<br /> the 0ivil Service law, the 0o~missionhas been handicapped in its work and has been severely
<br /> criticized by the public.
<br /> The members of the Civil Service Commission were appointed by the City
<br /> oil to carry out the provisions of the 0ivil Service law, as enacted by the 1936 GeneralAs
<br /> sembly and the Commission is in duty bound to do so. It therefore requests the fullest
<br /> operation of the City Manager and City Council, ~n t~e f~tmre, as withoutsu~h co-operation,
<br /> the 0ivil Service law ~ud the Work of the Civii ~ervmce ~ommission is nullified.
<br /> During the ~att year, N. Etheridge Hamilton,~ Ch$irman of the Commission,
<br /> passed away, amd M. E. Phelps, Sr., on September 27th, 193~, was elected by the City 0ouncll
<br /> to fill the ~expired term, a~d subsequently on November 12, 1938, for a full term of four
<br /> years. The 0ommission reorganized on October 12, 193~ amd elected H. J. Kraemer as its
<br /> Chairm~.
<br /> The Commission .d~ring the month of October, 193~, made an inspection of
<br /> Police and Fire Departments to see that Civil Service law, rules and regulations are carried
<br />
<br /> Unfortunately some appqintments and changes .were made du~ing the past year,
<br /> which were not in accordance with provisions of the Civil Service Law. These required unnec-
<br /> essary correspondence and conference With the City Manager, and ~e institution of legal pro-
<br /> ceedings, which were entirely against the wishes of theOivil Service 0ommission.
<br /> Du~ing the month of tep~emher, 1938, Detective L~ C. Ellis was held off duty
<br />~16 days for investigation, without him or the Oivil Service Commission receiving notice in
<br />w~iting as required by the Civil Service Law. Upon written protest the Commission received
<br />the requiPed info~maticn. Detective Ellis had in the meantime been reinstated as charges
<br />against him were not proven.
<br /> 0~ October 1st, 19~, Substitute Patrolman H. C. Rudd was appointed a regu-
<br /> lar Patrolman in direct violation~f theCivil Service Law. After strenuous protest, and a
<br /> conference with the City Manager, ~errection was made, and Substitute A.T. Per, er was appoint-
<br /> ed a ~egular patrolman amd H. Co Rudd was placed back on Substitute list.
<br /> - O~ November 12th, 1938, Captain E° M. Richardson was appointed Assistant
<br />Chief of the Fire Department, notwithstanding the fact .that he had not taken the examination
<br />for said position, and was not on the eligible list, which appointment the Oommisslon, on
<br />November l~th, 193~, protested as beimg a direct violation of the ~ivil Hervice~Law.
<br /> The City Nanager upon his own request, of November 15Ta, 1938, was furnished
<br />the names of ~wo men eligible for appointment to the position of Assistant Chief of the Fire
<br />Department°
<br /> On November 16th, 193~, the City Manager informed the Civil Service Commis-
<br /> sion ia w~iting, as follows~
<br /> "I have decided to ask the Court to ~ale on the question as to
<br /> whether the Assistant Fire Chief comes under the Civil So,vice Commission.
<br /> Should the Court decide that he does, I shall appoint one of
<br /> the ~wo whose names you have furnished me.
<br /> ~haSo F. Hal-per, City Manager."
<br /> After waiting a reasonable time, the Co~mission, on December 1st, 19~, re
<br />quested the City Attorney-to obtain a legal opinion from the Hon. Judge of the Court of Hus
<br />tings, as to whether She As.sistaut Chief of ~he Fire Department comes under the provisions of
<br />the ~ivil Sei~viee Law, as amended January 13, 1937, by the GeneralAssembly.
<br /> T~ie Commission fu_~cher instructed the City Attorney to institute, if neces-
<br />sary, legal proceedings-to secure such legal opinion.
<br /> on J~Aary 2$th, 1939, the Commission presented a petition to the Hen. Court
<br />and requested a peremptory'writ of mandamus directing the City Manager to appoint to the of-
<br />fice of Assistant Ghi~ of the Fire Department, one cf the men appearing on the eligible list,
<br />which Was cei~tiTied to him on April 6t~, 1937, and again on November tTth, 193S, at both
<br />times upon his ew~ request.
<br /> During the hearing in ~ourt, the City Manager stated that the Commission had
<br />
<br />
<br />
|