Resolution No. 2599
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R.ESOL'U1.'ION NO. 2599
A ItBSOLVTIONOFTH.ECITY COUNCIL OF nIB. ctty OF VERNON
CONFOFtl\4I).'.TG TO NATIONAL POLICY ON HOLIDAY$FO.R DECEMBER
24TH AND 31ST , 1962.
TBECITYcOlJNCILOJ.i' THE CttYOF VERNON RESOLVES AS FOLLOWS:
\VR.EREAS, the Monday before Cb.rbrbna$~ 1952 and the Monday
before New Yeart.nay of 1962 area..etaside as holiday-s for many govern-
ment;. aadmunicipalemploye.es; and
WE:EltEAS, the City..Coun<;:il desires to leta:s: many employees as
po.ss.ible, ct?naiatent with the needs Of said City, have.each of said days
asa holiday; .and.
WHEREAS. the gratting.of said holl-da.ys is in conformance with
the NatloaaJ. and MuniCipal PQlicy;
NOW.. THEREFORE. BE IT .RESOLVED:
SECTION 1:
That all employees of the City of Vernon., VI here
pra.ctieable~ be given the :Monday before Christmas~ to wit: December 24,
1952, and tb.e Matl1iay before New Yearts Day, to wit: Decentber 31, 1962.
as holidays.a.nd tb.al ttu)ae employee. VI no, because of tb..e necessity of City
bus-mesl! work on. s.aidllandaya. or eitner of tnem, are tQ be given an
additional day. or da.yS, holiday to compensate for theholidaygabove
des:erib:ec.t,atsuch time as the Heads of their.respective departments are
able. to make auch al"rallftementa.
SECTION 2:
The City. Clerk of the City of Yerno,R sb.aUeertify
to tne pa.ssage .of this Resolntion, and thereUpOn an.d. there.rter the same
.sh..aJ.l be in full force and. effect.
ADOPT&'D .a,nd APPROVED this .4th. day of Dee
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1 STATE OF CALIFOl(NIA
2 COUNTY OF L()S.ANGELES
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4 ~ F. A. zmn,n.,City Clerk of the City of Vernon, dt) h.er~by
5 certify th.at the fQcregoing..resolut!ot1." being Be$olution No.Z599, was d..uly
6 ad()pted by tb.eCityCouncUof the City of Vern.on,andapproved by Ute
7 Mayor of s.aidCUy, ata regular meeting .Qf th.e CityCouneil held. on
8 Dece~.er 4. 1962.
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F. A. Ziem.er. City Clerk
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league of California Cities
MEMBER AMERICAN MUNICIPAL ASSOCIATION . "WESTERN CITY" OFFICIAL PUBUCATION
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Berkeley (5) . . . Hotel Claremont. . . THornwall 3.3083
Los Angeles (17) . . . 702 Statler Center. . . MAdison 4-4934
Berkeley, California
December 12, 1962
TO: Attorneys, Clerks, and Managers
SUBJECT: Governor's proclamation declaring ~cember 31, 1962, a sta.te holiday
The substance of the widely publicized gubernatorial proclamation declaring
December 31,1962, a state holiday is as follows:
". . . I, EDMUND G. BROWN, Governor of the State of California,
deClare that as a part of the four-day California First observance
from December 29, 1962, through January 1, 1963, Monday, December 31,
1962, will be a state holiday consistent with Section 6100{n) of the
Government Code, and call upon all classes of business and all classes
of citizens to join in the observance of this holiday."
Government Code section 6700(n) provides that one of the holidays in this state is
"every day appointed by the President or Governor for a public fast, thanksgiving,
or holiday." In a memorandum opinion of the Attorney General pertaining to the
authority of the Governor to so proclaim a state holiday and commenting upon the
legal effects of the proc1.ama.tion, it is noted that as regards city offices the
determination of whether they 'Will be open or closed is vested in the governing
body of the city by reason of the provisions of Govermnent Code section 6702 that
city offices shall be closed on those holidays enumerated in section 6700 "unless
otherwise provided by charter or ordinance."
In line 'With the foregoing, it is our view that December 31, 1962, will be a city
holiday in the following situations:
(a) Where the city has made no provision for city holidays;
(b) Where the city has provided that the holidays in the city shall be
the same as those set forth in the Government Code;
( c ) Where the city has enumerated the city holidays and has included
in such enumeration provisions substantially similar to subdivision
(n) of section 6700.
It is our further view, however, that a city which is thus governed by the Governor's
proclamation may prevent the mandatory closing of city offices on December 31, 1962,
by the adoption of an urgency ordinance providing otherwise, citing as the urgency
therefor, e.g., the unbudgeted cost thereof to the city. If lack of :fUnds makes
observance of the holiday impossible then a skeleton force to provide essential
services is suggested as an alternative.
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With reference to the Presidential Proclamation concerning December 24, 1962, it is
our view that such day will not be a city holiday under the provisions of Government
Code section 67oo(n). Executive Order 11064 provides only that". . . employees of
the several executive departments, independent establishments, and other governmental
agencies, including the General Accounting Office, the Government Printing Office,
and the field services of the respective departments, establishments, and agencies
of the Government, . . . shall be excused from duty on Monday, December 24, 1962."
It clearly appears that such order does not pertain toa day appointed. by the
President "for a publie fast, thanksgiving, or holiday" within the meaning of section
67oo(n) .
Carlyon Froerer
Research Attorney
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,4-0ay HolJday
~.. u.s. Workers F
.. . \-1666
WASHINGTON, Nov. 212_5287
I .'.00 1 1 . lr-8135
(UPI)-All F era .emp oyes l-2522
whoean be sparedirom their 1-1666
jobs will be given a four-day~::::: 9
r Christmas holiday. - f .. /) f
l sa~d~:~~S:~~~~a~ fJr~~~~i ~trJQ 1~['j'~'Jj"./"
Kenn..edY..W. ill .signan ekecu- (f(;t.///' VERNON 58. CALIFORNIA
.ti've . order . in the next few V\)/
dayS declaring Mon~ay, Dec.
24, tQbe a holtdaxJor E'.ederal November 26, 1962
workers.
The Honorable City Council
of the City of Vernon
Vernon, California
OFFICERS
F. A. ZIEMER, CITY CLERK
L. R. BURCH, CITY TREASURER
VINCENT R. POXON, CITY ATTORNEY
ARTHUR E. NELSON, JR., CITY ENGINEER
D. D. GRAYSON, TRAFFIC ENGINEER
R. H. KING, SUPT., WATER 8: SEWER SYSTEMS
DR. C. E. NEMETHI, HEALTH OFFICER
J. S. COLTON, BUILDING ENGINEER
LESTER C. HUSTED, FIRE CHIEF
R. H. BOCKHACKER, POLICE CHIEF
JOHN B. MOORE, ADMINISTRATIVE OFFICER
HASKINS 8: SELLS, AUDITORS
IN REPLY REFER TO:
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This year the day before Christmas falls on a Monday
and the day before New Year also falls on a Monday.
Mayor Furlong has suggested that the Council might
wish to give consideration to allowing as many
employees of the City, as may be consistent with the
needs of the City, to have these two Mondays as
holidays.
In 1956 the City Council passed Resolution No. 2007
declaring the Monday before Christmas and the Monday
before New Year's Day as holidays, and further pro-
viding that as to those employees who, because of the
necessity of City business work on those Mondays, .or
either of them, are to be given an additional day or
days, to compensate.
If past experience is any indication, it is highly
improbable that any business will be carried on on
the Mondays in question within this industrial area.
Yours very truly,
JBM:mg
cc : City Attorney
~nistrative Officer
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