CHAPTER 797

An Act to amend and reenact §§ 15.1-724, 15.1-727, 15.1-729, 15.1-734,
15.1-785, 15.1-787, 15.1-768, 15.1-769, 15.1-770, 15.1-778, 15.1-779,
15.1-788, 15.1-784, 15.1-785, 15.1-787 and 15.1-791, as severally
amended, of the Code of Virginia, relating to effecting change to
urban county forms of government; powers of board of supervisors
in executive form of government; tenure of county officers and em-
ployees; departments of education, assessments and law enforcement;
and districts.

[S 237]

Approved April 5, 1968

1. That §§ 15.1-724, 15.1-727, 15.1-729, 15.1-784, 15.1-735, 15.1-737,
15.1-763, 15.1-769, 15.1-770, 15.1-778, 15.1-779, 15.1-783 and 15.1-791, as
severally amended, of the Code of Virginia be amended and reenacted
as follows:

§ 15.1-724. Conduct of election; form of ballot; referendum on re-
sponsibility for highways.—The regular election officers of such county at
the time designated in the order authorizing the vote shall open the polls
at the various voting places in the county and conduct the election in such
manner as is provided by law for other elections, insofar as the same is
applicable. The election shall be by secret ballot and the ballots shall be
prepared by the electoral board and distributed to the various election
precincts as in other elections.

If the petition or the resolution provided for in the preceding section
(§ 15.1-723) shall ask for a referendum on the question as to whether the
county shall adopt that form of county organization and government desig-
nated herein as the urban county executive form, the ballot shall be
printed to read as follows:

Question. Shall the county adopt the urban county executive form of
government and be empowered to assume the debts and acquire the assets
of all towns within the county in which the voters determine to dissolve
their town charters?

O For

O Against
If the petition or the resolution shall ask for a referendum on the ques-
tion as to whether the county shall adopt that form of county organization
and government designated herein as the urban county manager form, the
ballot shall be printed to read as follows:

Question. Shall the county adopt the urban county manager form of
government and be empowered to assume the debts and acquire the assets
of all towns within the county in which the voters determine to dissolve
their town charters?

[] For

[] Against

Voting shall be in accordance with the provisions of § 24-141.

The ballots shall be counted, returns made and canvassed as in other
elections, and the results certified by the commissioners of election to the
circuit court or judges thereof in vacation. If it shall appear by the report
of the commissioners of election that a majority of the qualified voters of
the county voting are in favor of changing the existing form of government
therein provided for, the circuit court, or the judge thereof in vacation,
shall enter of record such fact and the additional facts as to the form of
county organization and government adopted.

If either such form of government is adopted, and after the same has
become effective, the board of supervisors may petition the circuit court of
the county, or the judge thereof in vacation, for a referendum on the ques-
tion as to whether the county shall assume the responsibility for the con-
struction, control, maintenance and repair of the primary and secondary
system of State highways or the secondary system of highways within the
county. Provided, however, that the notice of such election published as
required herein shall contain a statement as to terms and conditions upon
which the transfer of such system or systems of State highways would be
made for such purposes as well as the formula by which State funds would
be distributed to the county for such purposes, all as agreed to by the State
Highway Commission and the board of supervisors of the county. Such
election shall be called and conducted as provided in this article for other
referenda. The ballot shall be printed to read as follows:

_ Question. Shall the county assume the responsibility of the construc-
tion, control, maintenance and repair of the primary and secondary system
of State highways (or secondary system of State highways, as the case may
be) within the county?

[] Against

The ballots shall be counted, returns made and canvassed and the re-
sults certified as provided for herein. If a majority of the qualified voters of
the county voting are in favor of the county assuming such responsibility
the judge of the circuit court shall enter of record such fact and shall include
n the order the terms and conditions contained in the agreement between
he State Highway Commission and the board of supervisors as set forth
n the notice of election. On the date set forth in said agreement the
ransfer of said system or systems of highways to the county shall take
ffect. Any agreement hereunder may provide for the transfer and con-
eyance to any such county without further consideration such highway
onstruction and maintenance equipment as is fairly allocated or assigned
O such county, provided, that such agreement is approved and ratified by
he General Assembly prior to submitting same to referendum.
_. § 15.1-727. Effect of change on other county officers, etc.; applica-
ion of other laws; meaning of “county board of supervisors” or “board
f supervisors.”—All other county and district officers of such county
hall continue to hold office until their successors are elected or appointed
nd shall have qualified; but the term of office of any person who holds an
fice abolished by the form of organization and government adopted shall
terminate as soon as his powers and duties shall have been transferred |
some other officer or employee, or done away with.

If any county which adopts one of the forms of organization and gov
ernment provided by this chapter and which has heretofore been withoy
some officer, board, agency or function provided for in the Constitutior
the fact that such county adopts one of the forms of organization and gov
ernment provided for in this chapter shall not thereby establish in suc]
county such officer, board, agency, or function unless the same be specifj
cally created or provided for in this chapter.

Except where inconsistent with this chapter, all provisions of lay
relating to boards of supervisors or governing bodies of counties shall refe;
to the urban county board of supervisors, to the * extent that the tern
“urban county board of supervisors” shall be synonymous with and equiv-
alent to the board of supervisors referred to in the Constitution of Virginia
insofar as the powers, duties and functions of such boards are used in the
Constitution and in general law and all provisions of law relating to super-
visors or members of the board of supervisors or governing bodies of coun-
ties shall refer to the members of the urban county board of supervisors
to the end that the term “supervisors” shall be synonymous with and
equivalent to the members of the urban county board of supervisors. The
provisions of this chapter as to the form of organization and government
and the powers of the governing body thereof shall, as to any county
adopting any of the forms of government herein provided, be controlling
within such county.

Hereafter in this chapter the terms “county board of supervisors” or
“board of supervisors,” if used, shall mean the urban county board of
supervisors.

§ 15.1-729. Powers of county vested in board of supervisors; mem-
bership, election, terms, etc., of board; vacancies.—The powers of the
county as a body politic and corporate shall be vested in an urban county
board of supervisors, to consist of one member from each district of such
county to be known as the board of supervisors. Each member shall be a
qualified voter of his district and shall be elected by the qualified voters
thereof. In addition to the above members of the board of supervisors,
there shall be elected a county chairman who shall be a qualified voter of
the county and shall be elected by the qualified voters thereof. The county
chairman shall be the chairman of the board of supervisors and preside
at the meetings thereof. The chairman shall represent the county at official
functions and ceremonial events. The chairman shall vote only in case of a
tie but shall have all other rights, privileges, and duties of other members
of the board and such other, not in conflict with this article, as the board
may prescribe. No person may be a candidate for county chairman at the
same time he is a candidate for membership on the county board from any
district of the county. A quorum shall consist of a majority of the board
of supervisors and the chairman shall be included and counted.

At the first meeting at the beginning of its term and any time there-
after when necessary, the board of supervisors shall elect a vice-chairman
from its membership who shall perform the duties of the chairman in his
absence, except that he shall retain his right to vote when so acting.

The supervisors and chairman first elected under the provisions of this
chapter shall hold office until the first day of January following the next
regular election provided by general law for the election of supervisors. A‘
such election their successors shall be elected for terms of four years each

In the event that the number of districts in any such county shall b
increased by redistricting or otherwise subsequent to a general election fo
supervisors under such form of government, and such supervisors shal
have taken office, then, in such event, the urban county board of supe!
visors shall adopt a resolution requesting a judge of the circuit court ©
such county to call a special election for an additional supervisor or super-
visors in accordance with the increase in the number of districts, such addi-
tional supervisor or supervisors to be elected, * from the county at large
and such election shall be held within forty-five days from the date of such
request. The qualifications of candidates and the election shall be as at
general law applying to special elections. Any supervisor or supervisors
thereby elected shall hold office until the first day of January following the
next regular election provided by general law for the election of members
of the board of supervisors, and at the next regular election all supervisors
of any such county shall be elected from districts as provided by law.

Any vacancy on the urban county board of supervisors shall be filled
by the judge of the circuit court of the county. His appointee shall hold
office until the thirty-first day of December following the first general elec-
tion occurring at least six months after such vacancy occurs at which elec-
von a supervisor shall be elected from such district for the unexpired term,
if any.

§ 15.1-734. Appointment of county officers and employees.—The
urban county board of supervisors shall appoint, upon the recommendation
of the urban county executive, all officers and employees in the adminis-
tration service of the county, except as the urban county board of super-
visors may authorize the * urban county executive to appoint * heads of a
department or office and except as the urban county board of supervisors
may authorize the heads of a department or office to appoint subordinates
in such department or office; provided, however, in appointing the county
school board no recommendation by the urban county executive shall be
required. All appointments shall be on the basis of ability, training and
experience of the appointees which fit them for the work which they are to
perform.

No person otherwise eligible, shall be disqualified by reason of his
accepting or holding employment, an office, post, trust or emolument under
the Government of the United States, from serving as a member of any
board, commission, authority, committee or agency whose members are
appointed by the Board of Supervisors.

The county clerk, the attorney for the Commonwealth and the sheriff
shall be selected in the manner and for the terms, and vacancies in such
offices shall be filled, as provided by general law.

§ 15.1-735. Tenure of county officers and employees; suspension or
removal.—All such appointments shall be without definite term, unless for
temporary services not to exceed sixty days except as otherwise provided
as to the urban county executive and except as otherwise specifically pro-
vided for herein.

Any officer or employee of the county appointed pursuant to the fore-
going section (§ 15.1-734) may be suspended or removed from office or
employment either by the urban county board of supervisors or the officer
by whom he was appointed or employed. In case of the absence or dis-
ability of any such officer, the urban county board of supervisors or other
appointing power may designate some responsible person to perform the
duties of the office.

§ 15.1-737. Certain officers entitled to participate in meetings of
board of supervisors.—The urban county executive, the attorney for the
Commonwealth and the sheriff * of the county shall be entitled to be pres-
ent at all meetings of the urban county board of supervisors. The urban
county executive shall have the right to take part in all discussions and
to present his views on all matters coming before the urban county board
of supervisors; the attorney for the Commonwealth and the sheriff * shall
be entitled to present their views on matters relating to their respective
departments.

§ 15.1-763. Supervisors to provide for and set up departments; re-
moval of person assigned to county executive’s office; powers of super-
visors generally.—The urban county board of supervisors shall, as soon
as the members thereof are elected and take office, provide for the perform-
ance of all the governmental functions of the county and to that end shall
provide for and set up all departments of government that shall be neces-
sary, not inconsistent with the provisions of the form of county organiza-
tion and government herein provided. Any person assigned to the office of
the county executive shall be removable at the pleasure of the urban county
board of supervisors, except as the urban county board of supervisors may
authorize the urban county executive to remove such employees, and such
removal shall not be subject to review by any other employee, agency, board
or commission of the county. The urban county board of supervisors shall
have all authority and powers provided for by this chapter or by other law
and shall have the power to raise annually by taxes and assessments on
property, persons and other subjects of taxation, which are not prohibited
by law, such sums of money as in the judgment of the board are necessary
to pay the debts, defray the expenses, accomplish the purposes and perform
the functions of the county.

§ 15.1-769. Department of law enforcement.—The department of
law enforcement shall consist of the attorney for the Commonwealth,
chief of police, and sheriff, together with their assistants, police officers,
deputies and employees. Should a department of public safety be created,
the chief of police, his police officers and employees shall be a part of such
department as hereinafter provided for.

The attorney for the Commonwealth shall exercise all the powers con-
ferred and perform all the duties imposed upon such officer by general law
and shall be accountable to the urban county board of supervisors in all
matters affecting the county and shall perform such duties, not inconsistent
with his office, as the urban county board of supervisors shall direct. He
shall be selected as provided by general law.

The department of law enforcement may also include a county attor-
ney to be appointed * by the urban county board of supervisors upon the
recommendation of the county executive and who shall serve at an an-
nual salary to be set by said board. In the event of the appointment of such
county attorney, the Commonwealth’s attorney shall be relieved of the
duties of advising the board of supervisors, of drafting or preparing
county ordinances and of defending or bringing civil actions in which the
county or any of its officials shall be a party, and all such duties shall be
performed by the county attorney and he shall be accountable to the urban
county board of supervisors in all such matters.

The sheriff shall exercise all the powers conferred and perform all the
duties imposed upon sheriffs by general law except as herein provided. He
shall have the custody, feeding and care of all prisoners confined in the
county jail. He shall perform such other duties as may be imposed upon
him by the urban county board of supervisors. The sheriff shall be selected
as provided by general law. The sheriff and such other deputies and
assistants appointed hereunder shall receive such compensation as the
urban county board of supervisors may prescribe. Any policeman ap-
pointed by the urban county manager or executive or the board of super-
visors shall be under the supervision and control of the urban county board
of supervisors unless such supervision and control] be conferred upon the
urban county manager or executive and such policeman shall have such
powers as special policemen as may be provided by general law.

§ 15.1-770. Department of education.—The department of education
shall consist of the county school board, the division superintendent of
schools and the officers and employees thereof. Except as herein otherwise
provided, the county school board and the division superintendent of
schools shall exercise all the powers conferred and perform all the duties
imposed upon them by general law. In addition the parks and playgrounds
shall be under the supervision and control of the department of education
unless otherwise provided by the urban county board of supervisors. The
county school board shall be composed of not less than five nor more than
eleven trustees, who shall be chosen by the urban county board of super-
visors to serve * for a term of two years, except that as many as one-half
of the members of the first such board appointed may be appointed for
lesser terms. The exact number of trustees shall be determined by the
urban county board of supervisors.

The chairman of the county school board, unless some other person in
the department is designated by the school board for such purpose, shall *
have the right to appear before the urban county board of supervisors * and
present his views on matters relating to the department of education.

§ 15.1-773. Department of assessments.—The department of assess-
ments, if and when established, shall be headed by a commissioner of the
revenue or supervisor of assessments, who shall exercise all the powers
conferred and perform all the duties imposed by paragraphs (c) and (d)
of § 15.1-766 upon the director of finance.

In addition to the powers and duties herein above conferred, the gov-
erning body of any county which has provided for a department of assess-
ments headed by a supervisor of assessments may, in lieu of the method
now prescribed by law, provide for the annual assessments and equaliza-
tion of assessments of real estate by such department. All real estate shall
thereafter be assessed as of January first of each year. The board of super-
visors shall annually appoint a board of equalization of real estate assess-
ments. Such board shall have the powers and duties provided by and be
subject to, the provisions of Chapter 19 (§ 58-895 et seq.) of Title 58 of
this Code. Any person aggrieved by any * assessment made under the
provisions of this section may apply for relief to * such board as therein
provided. The provisions of this section shall not, however, apply to any
real estate assessable under the law by the State Corporation Commsision.

§ 15.1-779. Each year at least two weeks before the urban county
board of supervisors must prepare its proposed annual budget, the urban
county executive or manager shall prepare and submit to the urban county
board of supervisors a budget presenting a financial plan for conducting
the affairs of the county for the ensuing year; such budget shall be set
up in the manner prescribed by general law. Hearings thereon shall be
held and notice thereof given and the budget adopted in accordance with
such general law. The urban county board of supervisors shall establish
the salary and allowances of the members of the board of supervisors and
all other employees of the county; provided, however, that no combination
of salary and allowances, other than for travel and other reimbursable
expenses, of a member of the board shall exceed the sum of ten thousand
dollars unless authorized by act of the General Assembly. Each board
member in addition to salary and allowances shall be entitled to the
services of a secretary paid by the county in conformity with existing pay
scales and whose duty shall be to perform secretarial services limited
exclusively to county business.

§ 15.1-783. Bonds of officers.—The urban county executive or man-
ager shall give bond payable to the county in the amount of not less than
five thousand dollars. The director of finance shall give bond to the amount
of not less than fifteen per centum of the amount of money to be received
by him annually but he shall not be required to give a bond in excess of five
million dollars except as hereinafter provided. In case the urban county
executive or manager serves also as director of finance, he shall give bond
to the full amount indicated above. The urban county board of supervisors
Shall have the power to fix bonds in excess of these amounts and to require
bonds of other county officers in their discretion, conditioned on the faith-
ful discharge of their duties and the proper accounting for all funds con
ing into their possession.

§ 15.1-784. Dissolution of charters of towns.—Subsequent to th
adoption by a county of either of the forms of county government an
organization authorized by this chapter, any town within the county may |
hold a referendum on the question of whether or not the charter of th.
town shall be dissolved.

Upon a petition filed with the circuit court of the county, or the judg
thereof in vacation, signed by twenty per cent of the qualified voters of suc)
town, asking that a referendum be held on the question of whether or no
the charter of the town shall be dissolved, the court or the judge thereof ir
vacation shall, by order entered of record, require the regular election offi.
cials at the next general election or on the day fixed in such order to open
a poll and take the sense of the qualified voters of the town on the question
submitted as herein provided. If a special election is called it shall be held
not more than 90 days nor less than sixty days from the filing of the peti-
tion, but not within thirty days of any general election. The clerk of the
circuit court of the county shall cause a notice of such election to be
published in some newspaper published in or having general circulation in
the town once a week for three consecutive weeks and shall post a copy of
such notice at the door of the courthouse of the county and in three con-
spicuous places within the town.

A resolution may be passed by the town council of any such town and
filed with the circuit court of the county or the judge thereof in vacation
asking for a referendum, in which case the court or the judge shall proceed
as in the case of a petition by the qualified voters.

The court or judge thereof shall act upon the petition or resolution
first filed in the said clerk’s office. ,

The regular election officers of such county wt the time designated in
the order authorizing the vote shall open the polls at the various voting
places in the town and conduct the election in such manner as is provided
by law for other elections, insofar as the same is applicable. The election
shall be by secret ballot and the ballots shall be prepared by the electoral
board. The ballots shall be counted, returns made and canvassed as in other
elections, and the results certified by Commissioners of election to the cir-
cuit court or judge thereof in vacation.

If * it shall appear by the report of the Commissioners of election
that a majority of the qualified voters * of the town * voting are in favor
of dissolving its charter, then on the first day of January next following,
the charter of such town whether granted by a court or by the General
Assembly shall be dissolved. All town liabilities shall be assumed by, and
become the obligations of the county, and the county shall own all the
corporate properties, franchises and rights of the town. Each town shall
become a small district of the district in which it is located; and the exist-
ing assets less the liabilities assumed of such town shall be used by the
urban county board of supervisors as a factor in establishing service
charges within such small districts, and existing services provided by the
town government shall not be discontinued so long as they are desired by
the residents of the then small district. ;

All claims of whatsoever nature, tort, contract, or otherwise, which
exist against a town the moment before such town is dissolved under the
provisions hereof shall constitute and be a claim against the county In
which such town was located and which has assumed the debts and taken
charge of the assets of such town. Suit may be brought against such
county for any such claim against the town and it shall be no defense in
such proceeding that the defendant is the county; in all such cases the
county shall be subject to suit to the same extent and in the same manner
as the dissolved town and judgments resulting therefrom may be enforced
against the county as judgments are enforced against municipalities gen-
erally. Any defense which would be available to the town shall likewise be
available to the county.

Nothing in this chapter shall be construed to affect any contractual or
vested right against a county adopting either of the forms of organization
and government herein provided or any such right against a town dis-
solved in accordance herewith; all such rights shall be enforceable against
and collectible from the county as if it were a municipality.

In any town in which a majority of the voters vote against dissolving
the charter of such town, the charter of such town shall not be dissolved
and such charter shall remain in full force and effect.

§ 15.1-785. No unincorporated community to be incorporated after
adoption of urban county form of government.—After the date of adoption
of either of the urban county forms of government, no unincorporated *
area within the limits of such county shall be incorporated as a separate
town or city within the limits of such county, whether by judicial pro-
ceedings or otherwise, provided that no judicial proceeding pending at
the time of adoption of this act shall be affected by this section. —_

§ 15.1-787. Division of county into districts; functions of districts;
appointees to planning commission and school board.—Within ninety days
after the adoption of either of the forms of government set forth in this
chapter, the county board of supervisors, after holding a public hearing
thereon, shall divide the county into from five to eleven districts. The divi-
sion shall be based on considerations of size, community of interest and
the need for services not required on a county-wide basis, and shall be as
nearly equal as practicable in population. Under this form of county or-
ganization and government in accordance with the powers vested in the
General Assembly in § 110 of the Constitution of Virginia, districts may
be of any reasonable area and are not limited by the provisions of § 111 of
the Constitution.

These districts shall serve as (a) the electoral divisions for elections of
members of the urban county board of supervisors and justices of the peace,
(b) sanitary districts under the provisions of article 7 (§ 15.1-791), and
(c) shall have such other functions as are specified herein.

Each district shall have at least one of its residents who is a qualified
voter of the district appointed to the local planning commission of the
county and to the county school board. Each member of the county school
board shall be appointed for terms and serve in accordance with all the
provisions of § * 15.1-770 of the Code of Virginia.

_ § 15.1-791. Creation, enlargement, contraction, etc., of sanitary dis-
tricts.—(a) Notwithstanding any other provision of law, no court within
any county having the form of county organization and government herein
orovided shall entertain any petition filed for the creation, enlargement,
-ontraction, merger, consolidation or dissolution of a district authorized to
de created in accordance with the provisions of chapters 2 (§ 21-118 et
eq.), 6 (§ 21-292 et seq.), 7 (§ 21-427 et seq.), or 8 (§ 21-428 et seq.) of
Title 21 of the Code of Virginia, chapter 161, Acts of the Assembly 1926,
‘iS amended, or any other law providing for the creation of those subdivi-
lons referred fo generally as Sanitary or small districts hereinafter re-
erred to as “sanitary districts.” No petition for the creation, enlarge-
nent, contraction, merger, consolidation or dissolution of a sanitary dis-
rict filed by any person or group of persons shall be of any effect and any
ourt in which same may be filed shall forthwith strike the same from its
ockets and no further proceedings thereon shall be had.

(b) Notwithstanding any other provision of law, in any county hav
1g the form of county organization and government herein provided, eact
istrict created under the provisions of § 15.1-787 shall be a sanitary dis
trict with all the rights and powers eonferred on sanitarv districts by gen
eral law. Provided that no incorporated town shall be included withi
any sanitary district without the consent of the council of such town.

Every sanitary district and every small and sanitary district existin
in the county shall be dissolved on the date that either of the forms of gov
ernment herein go into effect and each shall at that time be recreated as
small district or small districts within the respective sanitary district;
The county shall assume the liabilities of the sanitary district and sha
own all its properties and the existing assets less the liabilities assumed o
such sanitary district shall be used by the board of supervisors as a facto
in establishing service charges within the small district or small districts
The services provided by the former sanitary districts shall be continuec
by the county in the new small districts.

Every small and local sanitary district existing in the county on the
date that either of the forms of government herein go into effect shail ai
that time be continued as small and local sanitary districts; provided.
further, that the small districts provided for herein may be considered as
sanitary districts for the purpose of borrowing of funds and issuance of
bonds for projects within such small districts as provided for by law for
sanitary districts. |

Provided that nothing in this section shall affect any sanitary district
existing at the time of adoption of this form of government in which bonds
of the district have been issued and for as long as such bonds are out-
standing.

(c) Notwithstanding any other provision of law, in any county hav-
ing the form of county organization and government herein provided, the
county board of supervisors shall have the power and authority with
regard to the creation, enlargement, contraction, merger, consolidation or
dissolution of small districts and loca] districts within such county that is
granted to the circuit court of the county in connection therewith by Title
21 of the Code of Virginia and by chapter 161 of the Acts of the Assembly
of 1926, as amended.

(d) The urban county board of supervisors may create, enlarge,
contract, merge, consolidate and dissolve small and local districts, by
resolution, after giving notice thereof by publication once a week for two
consecutive weeks in a newspaper published in or having general circula-
tion in the said county. The notice shall contain the full text of the pro-
posed resolution, the time and place of the hearing and shall give notice
that any interested party may appear on the date set for the public hear-
ing, which date shall be not less than ten days after the date of the second
publication.

2. Anemergency exists and this act is in force from its passage.