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BOSTON SUPPLY COMPANY vs. MEYER RUBIN & another.
Present: RUGG, C. J., HAMMOND, LORING, BRALEY, & SHELDON, JJ.
Practice, Civil, Exceptions. Sale. Pledge. Agency, Scope of authority. Factor. Release. Joint Tortfeasors.
Where in an action of tort for conversion the answer is merely a general denial, but at the trial no question as to the pleadings is raised and the defendant contends and asks for rulings bearing upon a defense in confession and avoidance, on exceptions by the defendant to refusals by the trial judge to rule as he requested, this court will consider the questions raised by the requests for rulings.
The provisions of R. L. c. 68, § 3, giving to a consignee of goods from one who had been entrusted with and had authority to sell them, and whom the consignee had probable cause to believe was their owner, a lien on the goods for advances made upon them by him to such person, gives no lien to a pawnbroker who in good faith receives goods in pledge from a person who he thinks is their owner but who is an agent for the owner and has procured the goods from the owner by representing that he knew of persons who might purchase them upon inspection, and who has no authority to sell as he chooses but is authorized to sell only to such persons as he has represented to the plaintiff may be induced to purchase on inspection of the goods.
If a salesman wrongfully appropriates his employer's goods and pledges some of them to a pawnbroker for money lent to him personally, and thereafter, in adjustment of the employer's entire claim against him and in consideration of an amount paid by a third person, the employer executes and delivers an instrument not under seal acknowledging the receipt of the money from the third person "in settlement of all claims against" the salesman and stating that the employer did thereby "release and discharge" the salesman "from any and all claims" he had against him, any claim in tort that the employer had against the pawnbroker also is discharged, although the pawnbroker did not know that the goods were pledged to him wrongfully by the salesman.
TORT for the conversion of three rings and two watches. Writ in the Municipal Court of the City of Boston dated February 9, 1909.
state that she had a prospective customer and thus would procure watches or rings, and, if she disposed of them either for cash or by contract of conditional sale, she would pay the money or deliver the contract to the plaintiff; that in that way she procured possession of the goods alleged to have been converted by the defendants and pawned them to the defendants, pretending to account to the plaintiff for them by delivering to it a fictitious contract of conditional sale.
"January 12, 1909. Received of George Davis the sum of one hundred ninety-nine dollars in cash and a promissory note two hundred dollars in settlement of all claims of the Boston Supply Company against Marion E. Davis, and we hereby release and discharge the said Marion E. Davis for any and all claims we have against her. Boston Supply Company. By its Attorney, William Hirsh."
"1. That on the whole evidence the defendants are entitled to a verdict.
"2. That Marion E. Davis was an agent of the Boston Supply Company, entrusted with goods, within the meaning of the factors act, R. L. c. 68.
"3. That Marion E. Davis was an agent, entrusted with goods, so that the pledge of the goods by Marion E. Davis with the defendants created such a lien in favor of the defendants that this action cannot be maintained without a tender on the part of the plaintiff of the amount advanced.
"4. That the payment of money by a person or persons for Marion E. Davis was a settlement of the claim of the Boston Supply Company against Marion E. Davis.
"5. That the settlement of the claim by Marion E. Davis settled the claim of the Boston Supply Company against the defendants.
"6. That the receipt of money by the Boston Supply Company from Marion E. Davis in discharge of the claim of the plaintiff against Marion E. Davis settled the claim against the defendants in this action.
"7. That the receipt of money against any one of the tortfeasors, and a settlement of the claim against any one of the tortfeasors, settled the claim of the plaintiff against the defendants.
"8. That Marion E. Davis and the defendants were successive tortfeasors, and the settlement by the plaintiff of its claim against Marion E. Davis, one of the tortfeasors, prevented the plaintiff from maintaining an action against any of the other tortfeasors."
The rulings were refused. There was a finding for the plaintiff for $10; and the defendants alleged exceptions.
E. N. Hill, (J. Nelson with him,) for the defendants.
W. Hirsh, for the plaintiff.
BRALEY, J. The exceptions state that the pleadings may be referred to, and the answer consists only of a general denial under which the defense raised by the various requests would not be open. But no allusion to the pleadings having been made at the trial or at the argument, the questions raised by the record are to be treated as properly before us. Ridenour v. H. C. Dexter Chair Co. 209 Mass. 70, 78.
payment was to be made by instalments, or the proceeds were returned to the plaintiff. The judge made no specific findings of fact, but the general finding for the plaintiff is a finding that in so far as the issue was one of fact Davis had not been authorized to sell as she chose to whomsoever would buy, but to sell only to such persons as she represented to the plaintiff might be induced to purchase upon inspection of the merchandise. No general authority having been conferred, the statute is inapplicable, and the case at bar falls within H. A. Prentice Co. v. Page, 164 Mass. 276, and not within Cairns v. Page, 165 Mass. 552, on which the defendants rely.
The bill of sale or lease returned for the watch and ring was fictitious, and upon discovery of the fraud the plaintiff settled with its employee and executed a release, although not under seal, of any and all claims against her. The defendants by the fourth, fifth, sixth, seventh and eighth requests asked the judge to rule, that the claim against them had been thereby discharged, and that as Davis and themselves were successive tortfeasors the release of one released all. The appropriation of the plaintiff's chattels by Davis was felonious under R. L. c. 208, § 26, and while the outcome of her acts and the assertion of a lien by the defendants has deprived the plaintiff of its property, yet the wrong did not result from their concerted or concurrent action, as the defendants are not shown to have known at the time of the pledge that the watch and ring had been stolen. Chamberlin v. Shaw, 18 Pick. 278, 284. Strickland v. Barrett, 20 Pick. 415, 417. Feneff v. Boston & Maine Railroad, 196 Mass. 575. It is obvious that the plaintiff could have maintained an action against Davis for all losses sustained; but if the defendants at any time before demand by the plaintiff had returned the pledge to her, they would not have been liable for a conversion. Leonard v. Tidd, 3 Met. 6. The settlement was of an unliquidated demand. It was not the acceptance of a part of an undisputed debt in satisfaction of the whole, as in Gilman v. Cary, 198 Mass. 318, and Specialty Glass Co. v. Daley, 172 Mass. 460. The consideration, moreover, was furnished by a third party. The terms of the instrument are unambiguous and unconditional. It is not a mere accountable receipt or acquittance explainable by extrinsic evidence, but it is in legal effect a full discharge.
Commonwealth v. Talbot, 2 Allen 161, 162. Stimpson v. Poole, 141 Mass. 502, 505. The release therefore cannot be varied by the incompetent parol evidence introduced without objection at the trial to show that apparently the plaintiff intended to reserve whatever rights it had against the defendants, but must be given its full force and effect. Black v. Bachelder, 120 Mass. 171. Will M. Kinnard Co. v. Cutter Tower Co. 159 Mass. 391. DeFriest v. Bradley, 192 Mass. 346, 352. Mears v. Smith, 199 Mass. 319, 322. Butterick Publishing Co. v. Fisher, 203 Mass. 122. It follows that, as the defendants were only secondarily or successively liable, the compromise, accompanied with the release of the primary wrongdoer, discharged them from all liability to the plaintiff as tortfeasors. Brewer v. Casey, 196 Mass. 384, 388, 389.
The refusal of these requests, and of the first request, that upon all the evidence the plaintiff could not recover, requires us to sustain the exceptions.


text:
ELECTION PETITION APPEAL No. 1/85.
ELECTORAL DISTRICT No. 66 -AKMEEMANA.
DECEMBER 2, 3, 4, 5, 9, 11, 17, 18, 19 AND 20, 1985.
equality - Article 12 of the Constitution.
Galle is not the proper authority to accept the resignation.
imposed by public law attaches.
State chooses to serve notice of vacation of post the official continues in the eye of the law in employment.
the disqualification under Article 91 (1) (d) (vii) of the Constitution.
The doctrine of estoppel is not applicable against the State in its governmental, public or sovereign capacity.
A waiver must be an intentional act of surrender of rights with knowledge of what those rights are.
cannot convert nullity into validity.
possess where there has been no delegation to them of the power of appointment, transfer or dismissal.
(1) Abeywickrema v. Pathirana  1 Sri L.R.215.
(2) Ganesh Ramachandra v. G.I.P. Railway Co.2 Bomb. L.R. 740.
(3) Howard v. Pickford Tool Co.  1KB 417, 421.
(4) Vine v. National Dock Labour Board  3 All ER 939.
(5) Barbar v. Manchester Regional Hospital Board  1 All ER 322.
(6) Francis v. Municipal Council of Kuala Lumpur  3 All ER 633.
(7) Vidyodaya University v. Linus Silva  66 NLR 505.
(8) Mallock v. Abdeen Corporation  2 All ER 1278.
(9) Executive committee of U.P. state warehousing corporation v. Chandrakiran Tyagi AIR 1970 SC 1244.
(10) Gunton v. Richmond LBC  3 ALL ER 577.
(11) Decro Wall international v. Practitioners in Marketing Ltd.  2 ALL ER 216.
(12) Marshll (Thomas) Exports Ltd. t. Guinle  3 ALL ER 193.
(13) Hill v. Parsons & Co., Ltd.  3 ALL ER 1345.
(14) Roshenial t. Union of Ildia AIR 1967 SC 1889.
(15) Dinesh chandra v. state of Assam AIR 1978 SC 17.
(16) De Zoysa v. Public service commission  62 NLR 492.
(17) De Alwis v. De silva  71 NLR 108.
(18) Venkaterao v. secretary of state AIR 1937 PC 31.
(19) Rangachari v. Secrtary of state AIR 1937 PC 27.
(20) High commissioner of India v. Lall AIR 1948 PC 121.
(21) Fletchar v. Nott 60 CLR 55, 97.
(22) State of U. P. v. Babu Ram AIR 1961 SC 751.
(23) State of Mysore v. sellary AIR 1965 SC 868.
(24) Shukla v. state of Gujarat  1 SCC 419.
(25) Raj kumar v. Union of India AIR 1989 SC 180, 182.
(26) Raj Narayan v. Indira Gandhi AIR 1972 SC 1302.
(27) Union of India v. Gopal Chandra AIR 1978 SC 694.
(28) A. G. v. A. D. Silva (1953) 54 NLR 529 (P. C. )  AC 461.
(29) Fernando v. Samaraweera (1951) 52 NLR 278, 285.
(30) Rhyl Urban District council v. Rhyl Amusements Ltd.  TLR 465.
(31) Barnard v. National dock Labour Board  1 ALL ER 1113.
(32) Mayes v. Mayes  2 ALL ER 397, 402.
(33) Anisminic Ltd. v. Foreign commission  1 ALL ER 208.
(34) S.E. Asia Fire Bricks v. Non-Metallic Union  2 ALL ER 689.
(35) Harford v. Lynskey  1 QB 852.
(36) Royal British Bank v. Turguand (1856) 6 E & E 327.
(38) Houghton & co. v. Northard Lowe and Wills Ltd.  1 KB 246.
(39) Kreditbank Cassel v. Schenkens Ltd.  1 KB 826.
(40) British thomson Houston Co., Ltd. v. federated European Bank Ltd.  2 KB 176.
(41) Mahony v. East Holyford Mining Co.  LR. M. 869.
(42) Re county Life Assurance Co. Ltd.  5 Ch. App. 288.
(43) Freeman and Lockyer v. Bucdhurst park properties (Mangal) Ltd.  1 ALL ER 630.
(44) Western Fish Products Ltd. v. penwith D. C. (1978) 77 LOR 185, 200-203.
(45) R. v. Home secretary ex p. Choudhary  1 WLR 1177.
(46) R. v. Home secretary ex p. Ram  3 WLR 89.
(47) Robertson v. Minister of pensions  1 KB 227.
(48) Falmouth Boat Construction Co. v. Howell  1 KB 16.
(49) Satish chandra Anand v. Union of india AIR 1953 SC 250.
(50) Purshotam Lal Dhingra v. Union of India AIR 1958 SC 36.
(51) Shyam Lal v. state of U. P. AIR 1954 S. C. 369.
APPEAL from the judgment of the Election judge.
K. N. Choksy, P. C. with Neville de jacolyun seneviratne, Daya pelpola, D. H. M. Jayamaha, Lakshman Perera and Miss I. R.
Rajepakse and Herman perera for petitioner-appellant.
M. S. Aziz, D. S. G. with Tony Fernando, S. C. as amicus cureae.
office of Principal (Grade III) was more than Rs. 6,720 per annum.
in fact or in law by the 1st respondent of the said public office held by him".
Article 57 (1) of the Constitution, vide P 1, P 1 A and P2.
respondent to show that the State acted on the basis that the 1st respondent had resigned from service.
a public officer from 21.04.1983.
disqualified under the provisions of Article 91."
(iii) a public officer holding any office the initial of the salary scale of which is not less than Rs. 6,720 per annum."
ceased to be a public officer with effect from 21.04.1983.
on the date of nomination and on the date of election.
Department or on payment of one month's salary in lieu thereof.
deemed to have vacated his post as from the date of such cessation (vide section 7).
prior to resignation should he afterwards succeed in obtaining employment under Government.
4:3:2 An acknowledgment to the effect that he has been informed in these terms should be obtained from him in writing.
4:5 Acceptance of resignation should be notified in writing to the officer concerned.
not be entitled to any such benefits if he is subsequently re-employed."
Department Regulations and other Regulations issued by the Government from time to time".
power to the Director, he categorically declared before us that he was not relying on any implied delegation.
officer to qualify himself for the election in question?
notice should be accepted or not, are all matters the subject of the express or implied terms of the contract ofemployment.
In the case of a government servant, in regard to the terms relevant to these issues one has to look tohisserviceRules.
authority it cannot bring about the termination of services of the resigning employee.
terms which the law implies or prior agreement of the parties may permit." - Per Jenkins, C.J., in Ganesh Ramachandrav.G.
of the Law until its acceptance by the proper authority in terms of section 4 of the Code.
unaccepted repudiation is a thing writ in water, Howard v. Pickford Tool Co. (3).
declaration will amount to an order for specific performance of personal service, which the court will not decree.
him. It is therefore, right that, with the background of this scheme, the court should declare his rights."
master and servant. Dismissal might be in breach of contract and so unlawful, but it could only sound in damages."
he would otherwise be disabled to work as a dock-worker and he continued to be an employee of the National Board.
is a nullity and that he continues to be in service.
there are no circumstances in the present case which would make or either just or proper to make such a declaration".
of an office, to attract the appropriate remedy of administrative law."
hand and, on the other hand a mere employment under a contract of service.- Wade Administrative Law-5th Ed. at page 497.
the position in Vine's case (Supra)."
only result in the order of dismissal being held to be wrongful and in consequence making the appellant liablefordamages.
to ignore it and ask for being treated as still in service."
though no remedy may lie to maintain the contract in being (see Gunton v. RichmondLBC(10),Decro-WallInternationalv.
Practitioners in Marketing Ltd. (11), Marshall (Thomas) (Exports) Ltd. v. Guinle (12) and Hill v. Parsons & Co., Ltd. (13)).
v. Richmond LBC (supra). (Shaw, L.J. dissenting on this point) "
giving it a public nature.
changed unilaterally without reference to employees. It is only the origin of the government servicewhichiscontractual.
Once appointed, the public officer acquires a status thereafter his relations are governed by statusandnotbycontract.
and a large mass of other rules and circulars.
whose powers and duties are exclusively determined by law and not by agreement between the parties concerned.
and not to that of status"- Salmond Jurisprudence (12th Ed.) pp. 240 - 241.
Administrative Law, 5th Ed., p. 498.
powers of appointment, transfer, dismissal and disciplinary control of public officers."
Republic, other than a judicial officer but does not include certain persons specified therein.
impinging upon the overriding powers of pleasure recognisedunderArticle55(1).Mattersrelatingto"publicofficer"
Constitution as legislative, not executive or judicial in character.
so that they cannot be varied without his consent.
public officers hold office during pleasure has two important consequences.
their contract to the contrary.
employee at pleasure by any contract made with the employee.
Silva (17) which followed it in support of his contention that the Establishment Code did not have the force of law.
In De Zoysa v. Public Service Commission (supra) H.N.G. Fernando. J. relied on the Privy Council decisionofVenkataraov.
effect as a statutory provision.
Majesty's pleasure was paramount and could not legally be controlled or limited by the Rules.
other than any matters of rule. . . which are of infinite variety and can be changed from time to time "
to the exercise of powers by His Majesty.
of India v. Lall (20).
but is mandatory and necessarily qualifies the right of the Crown recognised in subsection 1".
the conditions of his tenure of office so as to prevent him from being dismissed at the will of the Crown ."
exercise of their powers under Article 55 (4). The exercise of the power is subject to the provisionsoftheConstitution.
depending on the nature of the rule whether mandatory or directory.
rules framed under Article 55(4). The Article has given a new dimension to the statutory nature of the Establishment Code.
"though the position was otherwise prior to the Constitution(Venkataraov.SecretaryofState(supra),Rangachariv.
which enshrines the doctrine of pleasureor the provision of any statute"- (Shukla v. State of Gujarat (24)).
rules made under Article 55 (4) also should be held to have statutory force.
poenitentiae, but not thereafter "
"We are of the opinion that acceptance of resignation is necessary before the service of an employeecancometoanend.
must first make an offer communicating his intention to terminate and that offer must be accepted."
determined with reference to his conditions of service."
and his service/or office tenure terminated when it is accepted by the competent authority."
sufficient to sever his connection with the service.
allowed by the Governor - General to do so.
statutes the right to unilateral resignation from office is taken away in a limited category of employment.
mean that under the common law unilateral resignation was legally effective to terminate the contract ofpublicemployment.
the legislature erroneously assumed to be so."
that unilateral resignation or repudiation is sufficient to bring to an end a contract of public employment.
are sufficient to establish the fact of repudiation of the contract by the 1st respondent.
of a Maha Vidyalaya, in breach of section 1 of Chap. XXXII of the Establishment Code.
respondent. Accordingly I hold that the 1st respondent ceased to be a public officer with effect from 21.4.83. "
on him-any act of the state releasing him for his service by the election date.
absence and he should be informed accordingly at once by registered post or by personal delivery on him.
duties may be allowed or refused by that authority."
It cannot be controverted that the 1st respondent had been absent from duty without leave from 21.4.83. It was argued byMr.
that the Deputy Solicitor General disowned that construction.
continues in the eye of the law, in employment. The State, in this case has not served any vacation of post notice.
he is a public officer."
applied to the entire class of public officers.
initial of the salary scale of which is not less than Rs. 6,720 per annum vide section 70(c)(v)ofthe1972Constitution.
acceptance of 1st respondent's resignation by the Regional Director.
by whom all Grade III Principals of Government Schools are appointed, transferred and dismissed."
by the Educational Services Committee. It was the result of his own erroneous view of the legal position.
State in its governmental, public or sovereign capacity.
the particular claiment not to raise that particular defence or so conducts himself as to be estopped from raising it.
waiver whether the landlord intended to waive or not.
An Intention to waive a right or benefit to which a person is entitled never presumed.
clearly appear from his words or conduct." Per Basnayake, J. in Fernando v Samaraweera (29).
The waiver must be clearly proved.
that he knew what his rights are and that he intended to surrender them.
what his rights were and that he intended to surrender them. Wille -Principles of South African Law, 5th Ed., p. 356.
Educational Services Committee was at any material time aware of the 1st respondent's abortive resignation.
Law, 5th Ed., p. 233.
as the rights of a private person.
account be compromised, hard though the result may be" Wade-5th Ed., p. 341.
whether or not the Principal Collector has authority to enter into the sale is placed upon him.Thisundoubtedlyistrue.
the provisions of the Ordinance. Of the two evils, this would be the greater one."
of assistant teachers in contravention of the provisions of the Establishment Code."
the power" Wade at page 319.
In Barnard v. National Dock Labour Board (31) registered dock workers were suspended from their employmentafterastrike.
have made the decision itself. This case was approved by the House of Lords in the Vine's case (supra).
that the plaintiff has not been dismissed at all. The dismissal is by reason of its origin bad and inoperative".
actions in just as much a contradiction as is unfettered discretion - Wade at page 357.
has not been adopted by the Committee or Cabinet of Ministers, for it to acquire legal validity.
of the order of the Regional Director, Galle. I hold that the said order is null and void in law.
qualified on the nomination day, his election is void.
notwithstanding the fact that the disqualification could have been removed by the date of the poll.
"the same conclusion would follow if the disqualification was based on the officer or employment held by the candidate."
"Any person eligible for election as a Member of Parliament may be nominated as a candidate for election."
person disqualified from election as a Member.
necessary to decide this controversial point.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


On September 26, 2011, individuals with disabilities and several related organizations filed a class action lawsuit in the U.S. District Court for the Southern District of New York against New York City and its mayor under Section 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 794, et seq., Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq., and the New York City Human Rights Law ("NYCHRL"), New York City Admin. Code §8-101 et seq. Plaintiffs sought declaratory and injunctive relief and attorneys' fees.
The plaintiffs, represented by counsel from the Disability Rights Advocates, claimed that the defendants unlawfully discriminated against disabled individuals by inadequately planning for the evacuation of people with disabilities, failing to provide an accessible shelter system; ignoring the unique needs of people with disabilities in the event of a power outage; failing to communicate adequately with people with special needs during an emergency; and failing to account for the needs of people with disabilities in recovery operations following a disaster. Specifically, the plaintiffs claim that the City's discrimination in emergency planning was demonstrated by the City's response to Hurricane Irene and September 11, 2001 terrorist attacks, which failed in various ways to appropriately accommodate those with disabilities.
On June 29, 2012, plaintiffs amended their complaint to add a plaintiff and clarify their factual claims.
On November 7, 2012, the District Court (Judge Jesse M. Furman) issued an opinion ruling that both the organized and individual plaintiffs had standing to sue and certifying the class defined as "all people with disabilities, as defined by the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12102, who are within the City and the jurisdiction served by the City's emergency preparedness programs and services."
On May 10, 2013, the United States Attorney for the Southern District of New York filed a statement of interest urging the court to find that the defendants violated the ADA and the Rehabilitation Act and noting among other things that the defendants nowhere contended that making reasonable accommodations was impractical.
On November 7, 2013, after a six day trial on the question of liability the District Court (Judge Furman) ruled that the defendants violated the ADA, the Rehabilitation Act, and the NYCHRL. Specifically the court found that: "(1) The City's evacuation plans do not accommodate the needs of people with disabilities with respect to high-rise evacuation and accessible transportation; (2) its shelter plans do not require that the shelter system be sufficiently accessible, either architecturally or programmatically, to accommodate people with disabilities in an emergency; (3) the City has no plan for canvassing or for otherwise ensuring that people with disabilities -- who may, because of their disability, be unable to leave their building after a disaster -- are able to access the services provided by the City after an emergency; (4) the City's plans to distribute resources in the aftermath of a disaster do not provide for accessible communications at the facilities where resources are distributed; (5) the City's outreach and education program fails in several respects to provide people with disabilities the same opportunity as others to develop a personal emergency plan; and (6) the City lacks sufficient plans to provide people with disabilities information about the existence and location of accessible services in an emergency." Brooklyn Center for Independence of the Disabled v. Bloomberg 290 F.R.D. 409.
On December 4, 2013, the District Court ordered the parties to engage in settlement negotiation with a mediator to be paid for by the defendants. Settlement negotiations progressed throughout 2014. On September 30, 2014, the parties indicated they reached a settlement. The court held a fairness hearing on February 13, 2015. On March 6, the court granted final approval of the settlement. The final settlement provided a remedial plan that included increasing shelter accessibility, surveying facilities for use as hurricane shelters, standardized procedures and amenities in emergency evacuation centers and shelters, operational plan for post-emergency rapid survey of population to determine critical needs, development of adequate accessible transportation and communication, increased accessibility to power outage services, hiring of a Disability and Access and Functional Needs Coordinator and the creation of a Disability Community Panel, and development of a high rise evacuation plan. The settlement also provided monitoring and reporting procedures.
On August 24, 2015, the parties stipulated to an agreement that the plaintiffs would be awarded $3,700,000 in attorney's fees.
Monitoring continues, and the court retains jurisdiction over the settlement until May 2019, when the agreement's obligations are set to terminate.
Plaintiff Description Organizations for people with disabilities and a class of "all people with disabilities, as defined by the Americans with Disabilities Act (the “ADA”), 42 U.S.C. § 12102, who are within the City and the jurisdiction served by the City’s emergency preparedness programs and services."