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R. C, P.
<br />
<br />O~tober 17, 1916.
<br />
<br />instructed to notify the management of.this theatre to have a proper light and exit sign placed
<br />at the back side door of this buildings also that he be instructed to see that the ~pace in and
<br />around the operator's booth be cleared of trash, paper, pieces of film, &c.
<br />
<br /> "We feel assured that the results ~f this "Fire Prevention Day" have been very helpful for
<br />Portsmouth in minimizing the chances of having unnecessary fires started, a~d it is hoped that
<br />in the future we will be.able to keep the back lots, public buildings, theatres, &c., cleared
<br />of all kinds of unnecessary material likely to cause fires.
<br />
<br />"Respectfully,
<br /> "J. T. Hanvey, Mayor.
<br />
<br />On motion, the report'of the Mayor was adopted.
<br />
<br />Second. Reports of Officers and other unfinished business.
<br />
<br /> The reports of several Officers for~the month of September, 1916, were presented and were
<br />ordered to take the usual course.
<br />
<br /> The Chairman of the Department of Finance presented a statement from the AuditOr showinE
<br />the receipts and expenses and the amount owing by the City for eight months ending August 31st,
<br />i9i6.
<br /> On motion, the report was ordered to be published in.the Portsmouth Star and copies to
<br />be furnished each member of Council,
<br />
<br /> The Auditor forwarded a bill of O. L. Williams for $175.00 for Filling Streets, which he
<br />considered excessive.
<br /> On motion, the Auditor was instructed to pay said bill, and by the following vote:
<br />
<br />Ayes--Ds. shiell~ Hanvey, Herbert, Morgan, Eorris, Parrish, 6.
<br />
<br /> The
<br />for $~me:
<br />
<br />Auditor reported the following bills .held up by him, because of lack of appropriation
<br /> Sewerage, $?2.09; Almshouse, $210.90; General Administration, $29.75.
<br /> On motion, said bills were referred to the Finance Department.
<br />
<br /> A statement approved by the City Attorney, that $3,799.00, with interest on $3,500. from
<br />J~lY!, 1916, until paid, is due Ellis B. Jobson by the City, was referred to the Department
<br />of Finance.
<br />
<br /> The following opinion was read from the City Attorney as to several questions referred
<br />to him by the President of the Council, and same was ordered to be filed and copies sent to each
<br />member of this body:
<br /> "Portsmouth, Va., October t6, 19i6.
<br /> "To the Hon. City Council,
<br />
<br /> "Portsmouth, Va.
<br /> "Gentlemen:--
<br /> "Replying to the several questions addressed to me by the President
<br />Council, through Er. L. P. Slater, City Clerk, I beg to say.
<br />
<br />of the
<br />
<br /> "That while my mind is not altogether free from doubt as to some of the questions present-
<br />ed, due to the lack of fullness and the ambiguities of the statute relating to the change in
<br />t~e municipal form of government, under which we are now acting, I have, after due considera-
<br />tion of the said act, evolved the following answers:-
<br />
<br />"lst. Can the Mayor name a ~oun¢ilman t~ act for him during his absence from the City, &c.
<br />
<br /> "Ans. It would rarily occur when it would be necessary for the Mayor to name some one to
<br />act for him during temporary absence; the Mayor no longer having public business, such as Po-
<br />lice Justice, which requires his daily attendance. Should, however, the occaszon s~rise for
<br />some one t, act in the absence or sickness of the Mayor, I-should say that the duty would de-
<br />volve upon the Vice-President of the Council.
<br />
<br /> "rnd. Can the Chief of Police or-the Chief of the Fire Department suspend one of their
<br />men temporarily?
<br />
<br /> "Ans. No. Neither~Chief h~s the power of suspension; that p~wer resides with the Mayor
<br />alone under the provisions of section 9 of the Act.
<br />
<br />"3rd. Can the head of a Department suspend a man in his Department?
<br />
<br /> "Ans. The power of suspension is in the Mayor, and no other
<br />moval is with the City Manager, or with the Council under section
<br />no City M~nmger, as stated in my opinion previously rendered.
<br />
<br />~uthorit~. The power of re-
<br />8 of the Act, as we now have
<br />
<br /> "4th. If the Head of a Department has charges to make ~gainst an officer, does he make
<br />the charges to the Mayor or to the Council?'
<br />
<br /> "Ans. Logically they should be made to the Mayor, as he has the power of suspension;
<br />should the Mayor be of the opinion~that the officer should be removed he should refer the mat-
<br />ter to the Council.
<br />
<br />"Sth. If ohs~vges are made against an officer, is he entitled to a trial?
<br />
<br /> "Ans. An officer may be removed without charges being made;
<br />made, the officer, in my opinion , should be heard in his defense,
<br />and vindicate his character.
<br />
<br />should, however, charges b~
<br />to disprove the charges
<br />
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