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At a special meeting of the City Council Nay 2~th there were present:
<br />
<br />Nessrs--M. P. Claud, Oscie Dmshiell, J. T. ~qanvey~
<br /> C. H. Herbert, Jno. A. Morris, 5.
<br />
<br />The following directions were read for the special meet~n=.
<br />
<br /> "Portsmouth, Va., Ray Seth, 1917.
<br /> "Nr. L. P. Slater~
<br /> "City Clerk, City.
<br /> "Dear Sir:--
<br /> ~ "You %~ll please call a special meeting of the City Council for T~aesday,
<br />Nay 2~th, at ~:30 P. ~., to consider the following matters:
<br />
<br /> "First. The advisability of consolidating the offices of City Collector and City Treasur-
<br />er, and of City Sergeant and High Const&ble.
<br />
<br /> "Second. To hear a written reply of Nr. M. R. Walker, ex-chief of the Fire Dep~rtment, to
<br />charges formerly made against him by ~he City Emnager.
<br />
<br />,Very truly,
<br />
<br />"J. T. Hanvey, Mayor."
<br />
<br /> The ~oall" having been read, the first matter tmken up was the advisability of consoli-
<br />dating the offices of City Collector a~d City Treasurer, and of City Sergeant and High Constable,
<br />and no member of the body seemed to f~vor such consolidation.
<br /> Whereupon, ~. Norris moved that the offices of City Collector and City Treasurer con-
<br />tinue as they s~e for the present. The motion was adopted.
<br />
<br /> Then Nr. Herbert moved that the offices of City Sergeant and High Constable .be not consoli-
<br />dated. The motion was adopted.
<br />
<br /> Second. To hear a written reply of Nr. W. R. Walker, ex-chief of the Fire Department, to
<br />charges formerly m~de against him by the City Manager.
<br />
<br /> ~ereupon, the following was read from the City Nana~er on the subject of his dismissal
<br />of Er. Walker as Chief of the Firs Department:
<br /> ,Portsmouth, va., N~y 22nd, 191~.
<br /> "~r. J. T. HanveF, Mayor
<br /> and Gentlemen of the City Council.
<br />
<br /> "Gentlemen:--
<br /> In reply to your resolution and request that I submit ~ report on the sub-
<br />ject of my dismissal of ~r.W.H. Walker as Chief of the Fire Department, ~ would state that
<br />while the law does not require me to m~ke such a statement I will as a matter o~ courtesy to
<br />the Council make an explanation in this case to the effect that I dismissed him for Incompetence,
<br />Insubordination ~ud Neglect of Duty, as a result of his failing to c~rry out instructions Riven
<br />him from time to time. By way o~ concrete specifications I would cite the following as a few
<br />of the cases:.-
<br />
<br /> "1. Prior to my assuming office he ~s instructed to inspect and report on the condition
<br />of all of the Fire Hydrants within the City~ After I took office I re-issued these instructions.
<br />Up to the time of his removal no report had been made by him. I epo~e of the matter severml
<br />times ~nd he gave first as an excuse that he could not get around town. As his uniform would
<br />pass him on the street cars this excuse was a ppor one. He had ample time in which to have
<br />done this inspecting after the arrival of the car, which was placed at his disposal but made
<br />no effort so to do as far as I csm learn.
<br />(So far the report of the City Manager copied by
<br />take. Not intended to be written, as it w~s recorded in the minutes of Nay 22, 191?, p. 1~9;.
<br />
<br /> Mr. Norris called for the reading of the opinion of the City Attorney with regard to the
<br />authority of the Manager for removing the Chief of the Fire. Deps~rtment.
<br /> The opinion w~s read as follows:
<br /> "Portsmouth, Va., Nay 2~, 1917.
<br /> "To the Hon. City Council,
<br />
<br /> "Portsmouth, Va. ~
<br /> "Gentlemen:--
<br /> "Replying to your request that I render to you my written opinion as to
<br />the right of the Council ~o investi~te the ~ction of the City ~anager in removin~ f~om office
<br />such officers smd employees of the City as he is authorized to remove under the Act of the Gen-
<br />eral Assembly creating the City Manager Pla~, (Sec. 6 C Vol. ~ Va. Code P. ~15; Acts 1~16, P.
<br />672), I beg to say:
<br />
<br />"That section 6C of.the act above referred embraces all the law bearing on this subject.
<br />
<br /> "The first oia~se of that section confers upon the Council its powere~ which are merely
<br />legislative; provides that the same shall be elected at la, ge for a term of four years; and shall
<br />have the duty of appointing a City E~nager, who need not be ~ resident of the City or the State.
<br />
<br /> "Under the second clause of that section, the administrative and executive powers of zhe
<br />City, including the power of appointment of officers and employees, are vested in an official
<br />~o be known as the City Manager, who shall be appo%nted by the Council and who shall hold of-
<br />lice during the pleasure of the Council~ or for a term of three years unless sooner removed by
<br />the Council upon proven charges preferred for malfeasance or misfeasance, neglect of duty or
<br />incompetency.
<br />
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