Chap. 370.—An ACT to amend and re-enact sections 55 and 58 of an act en-
titled: An act to amend and re-enact an act of the general assembly of Vir-
ginia, in force January 21, 1884, entitled an act providing a charter for the
city of Norfolk, and repealing the existing charter, approved April 21, 1882,
as amended by the several acts of the general assembly of Virginia, approved,
respectively, April 6, 1887; April 28, 1887; May 14, 1887: February 14,
1900; February 21, 1900; February 26, 1900; February 2, 1901; February
15, 1901; March 15, 1902; and to define the boundaries of the said city of
Norfolk, as extended by the several acts of the general assembly, approyed
April 6, 1887; February 22, 1890 and March 14, 1902; and by an order of
the circuit court of Norfolk county, which was entered on the 9th day of
Jaunary, 1906, approved March 14, 1906.

Approved March 14, 1908.

1. Be it enacted by the general assemblv of Virginia, That sections
fifty-five and fifty-eight of an act entitled “an act to amend and re-
enact an act of the general assembly of Virginia, in force January
twenty-first, eighteen hundred and eighty-four, entitled an act providing
a charter for the city of Norfolk, and repealing the existing charter,
approved April twenty-first, eighteen hundred and eighty-two, as amended
bv the several acts of the general assembly of Virginia, approved, re-
spectively, April sixth, eighteen hundred and eighty-seven; April
twenty-eight, eighteen hundred and eighty-seven; May fourteenth, eight-
een hundred and eighty-seven; February fourteenth, nineteen hundred ;
February twenty-first, nineteen hundred; February twenty-sixth, nine-
teen hundred; February second, nineteen hundred and one; February
fifteenth, nineteen hundred and one: March fifteenth, nineteen hun-
dred -and two; and to define the boundaries of the said city of Norfolk.
as extended by the several acts of the general assembly, approved April
sixth, eighteen hundred and eighty-seven; February twenty-second.
eighteen hundred and ninety and March fourteenth, nineteen hundred
and two; and by an order of the circuit court, of Norfolk county, which
was entered on the ninth day of January, nineteen hundred and six,”
‘approved March fourteenth, nineteen hundred and six, be amended and
re-enacted so as to read as follows:

§55. The board of control, upon its organization in September, nine-
teen hundred and six, and in September every two years thereafter.
shall nominate to the citv council one chief of the police and upon his
confirmation by the said council, in joint session, shall by warrant.
appoint such person so nominated and confirmed as the chief of the
police for the term of two years from the date of his appointment, unless
sooner removed, and until his successor is duly appointed and qualified.

The said chief of the police, upon his appointment and qualification,
shall select, to be approved by the said board, such captains and sergeants
of the police as may be authorized by the city council and upon such
approval the said board shall by warrant appoint such captains and ser-
geants for the term of two years from the date of their respective ap-
pointments, unless sooner removed, and until their successors, respec-
tively, are duly appointed and qualified.

One of the captains of the police, in the order of his appointment, or
according to his rank, shall act as chief of the police, in case of the sick-
ness, absence from the city or other disability of the chief of the police
and perform all the duties incident to his office but without additional
compensation.

The said chief of the police shall select policemen, patrolmen, or other
members of the police force in such number and for such rank as may be
authorized by the city council by ordinance; such selections, whether
for original appointment or to fill vacancies, shall be made from the
list of eligibles prepared by the civil service commission, in the manner
prescribed by ordinance, and shall be subject to the approval of the
board of control; and upon such approval, the said board shall, by war-
rant, appoint each of such policemen, patrolmen or other members of
the police force, to serve during the term of his good behavior, or until
said board at its pleasure shall remove him, but in every case of removal
the said board shall enter upon its records the reasons therefor.

The selection and appointment of the policemen, patrolmen, or other
members of the police force, shall be under such rules and regulations
for examination as to fitness and ability as may be prescribed by the
city council.

Each member of the police force, both rank and file, shall have issued
to him a warrant of appointment, signed by at least two members of the
board of control, and attested by the city clerk, with the seal of the city,
in which the date of his appointment shall be stated, and such warrant
shall be his commission, and the said board of control shall keep a record
of all its proceedings relating to the nomination or appointment of all
of its said officers, policemen, or other members of said force.

Each member of the said force shall, before entering upon duties of
his office, take and subscribe an oath that he will faithfully, without
fear or favor, perform the duties of his office, and such oath shall be
filed with the city clerk; and in addition the several officers of the said
force shall give such bond, with security, as may be required by the city
council.

The members of the police force shall be chosen and appointed from
among the electors of the said city, and shall receive such salaries or
compensation as shall be determined by the city council.

The said board of control may make the rules and regulations for
the government of the officers and other members of the police force,
and may prescribe their respective duties, subject only to the ordinances
of the city council and to the laws of the State and of the United States :
may prescribe and regulate the time and manner of drill or exercise.
and impose reasonable fines for the breach of anv rule or regulation,
the said fines to be paid into the city treasury ; but this power to impose
fines is in no way to be construed as abridging the power of suspension
or removal.

The chief of the police shall have the immediate direction and control
of the said force, subject, however, at all times to the rules, regulations
and orders of the said board of control, and through him the said board
of control shall promulgate all orders, rules and regulations for the
government of the whole force.

The said board of control shall have the power at any time to sus-
pend, for a period not exceeding thirty days, the chief of the police, for
misconduct in office, or neglect of duty, upon charges in writing, a copy
of which shall be furnished the said chief, and, after a hearing upon such
charges may remove him from office, subject only to the approval of the
city council, in joint session. During such suspension one of the cap-
tains of the police force, to be designated by the said board of control,
shall perform the duties of the office of chief, and until his successor is
duly elected and qualified, and upon the removal of the said chief from
office, the said board shall nominate his successor, in the manner here-
inbefore provided for election by the city council.

The mayor of the city shall also have the power to suspend the said
chief of the police, and remove him from office, for misconduct in office or
neglect of duty, to be specified in the order of suspension or removal;
but no such removal shall be made without reasonable notice to the said
chief, and an opportunity afforded him to be heard in person or by coun-
sel, and to present testimony in his defense. From such order of sus-
pension or removal the said chief shall have the right of appeal to the
said board of control, and upon such appeal, the case shall be heard de
novo, and the decision of the said board shall be final.

The said board of control, the mayor or the chief of the salir, or
the officer acting as chief, shall have the power at any time to suspend,
for a period not exceeding thirty days, any officer or member of the
police force other than the chief of the police, for misconduct in office
or neglect of duty, upon charges, in writing, a copy of which shall be
furnished the person so suspended and after a hearing upon such charges
by the said board, in case of suspension by the board or the chief of the
police or officer acting as chief, and by the mayor, in case of suspension
by him, the said board of control or mayor, as the case may be, may re-
move the person so suspended from office; provided, that anv officer or
member of the police force other than the chief, so suspended or removed
by the mavor, shall have the right of appeal to the said board of control
and upon such appeal the case shall be heard de novo, and the decision
of the said board shall be final.

No officer or member of the police force so suspended, as hereinbefore
provided, shall exercise the duties of his office during his suspension
or receive the emoluments thereof.

In times of exigency the said board of control or any one of them, if
the other members of the said board should be absent from the city, or
unable from any cause to act, may, by and with the consent or upon the
application of the mayor of the city, in writing, appoint temporarily.
without previous authority from the city council, a suitable number of
additional policemen for such time as shall appear necessary, not however
to extend beyond the time of the next meeting of the city council.

§58. The board of control, upon its organization in September, nine-
teen hundred and six, and in September every two years thereafter,
shall nominate to the city council one chief of the fire department, and
upon his confirmation by the said council, in joint session, shall by war-
rant appoint such person so nominated and confirmed as the chief of
the fire department, for the term of two years from the date of his ap-
pointment, unless sooner removed, and until his successor is duly ap-
pointed and qualified.

The said chief of the fire department, upon his appointment and
qualification, shall select, to be approved by the said board, such assist-
ants as may be authorized by the city council, and upon such approval
the said board shall by warrant, appoint such ‘assistants for the term of
two years from the date of their respective appointments, unless sooner
removed, and until their successors, respectively, are duly appointed and
qualified. ;

One of the assistants, in the order of his appointment, or according
to his rank, shall act as chief of the fire department, in case of sickness,
absence from the city, or other disability of the chief of the fire depart-
ment, and perform all the duties incident to his office, but without
additional compensation.

The said chief of the fire department shall select engineers or other
members of the fire department in such number and for such rank
as may be authorized by the city council by ordinance; such selections,
whether for orginal appointment or to fill vacancies, shall be made
from the list of eligibles prepared by thé civil service commission, in
the manner prescribed by ordinance, and shall be subject to approval by
the board of control; and, upon such approval, the said board shall
by warrant, appoint each of such engineers or other members of the fire
department, to serve during the term of his good behavior, or until said
board, at its pleasure, shall remove him, but in every case of removal the
said board shall enter upon its records the reasons therefor.

The selection and appointment of the engineers, or other members of
the fire department, shall be under such rules and regulations for exami-
nation as to fitness and ability as may be prescribed by the city council.

The chief of the fire department and his assistants shall each have
issued to him a warrant of appointment signed by at least two members
of the board of control and attested by the city clerk, with the seal of the
said city, in which the date of his appointment shall be stated, and such
warrant shall be his commission, and the said board of control shall
keep a record of all of its proceedings:relating to the nomination or ap-
pointment of all of the said officers, engineers, or other members of the
said department.

The members of the fire department shall be chosen and appointed
from among the electors of the said city, and shall receive such salaries
or compensation as shall be determined by the city council.

The said board of control may make the rules and regulations for
the government of the officers and other members of the fire department,
and ma: prescribe their respective duties, subject only to the ordinances
of the city council and to the laws of the State and of the United States:
may prescribe the uniform, dress or badge of authority to be worn by
them, respectively; may prescribe and regulate the time and manner of
drill or exercise, and impose reasonable fines for the breach of any
rule or regulation, the said fines to be paid into the city treasury, but
this power to impose fines is in no way to be construed as abridging the
power of suspension or removal.

The chief of the fire department shall have the immediate direction
and control of the said department, subject, however, at all times to the
tules, regulations, and orders of the said board of control, and through
him the said board of control shall promulgate all orders, rules and regu-
lations for the government of the whole department.

The said board of control shall have the power at any time to suspend
for a period not exceeding thirty days, the chief of the fire department
for misconduct in office or neglect of duty, upon charges in writing, a
copy of which shall be furnished the said chief, and after a hearing upon
such charges may remove him ‘from office, subject only to the approval
of the city council, in joint session. During such suspension one of the
assistants of the said fire department, to be designated by the said board
of control, shall perform the duties of the office of chief, and until his
successor is duly elected and qualified, and upon the removal of the said
chief from office, the said board shall nominate his successor, in the
manner hereinbefore provided, for election by the city council.

The mayor of the city shall also have the power to suspend the said
chief of the fire department and remove him from office, for misconduct
in office or neglect of duty, to be specified in the order of suspension
or removal, but no such removal shall be made without reasonable notice
to the said chief, and an opportunity afforded him to be heard in person
or by counsel, and to present testimony in his defense. From such order
of suspension or removal the said chief shall have the right of appeal
to the said board of control, and upon such appeal the case shall he
heard de novo, and the decision of the said board shall be final.

The said board of control, the mayor, or the chief of the fire depart-
ment, or the officer acting as chief, shall have the power at any time to
suspend, for a period not exceeding thirty days, any officer or member
of the fire department, other than the chief thereof, for misconduct in
office or neglect of duty, upon charges in writing, a copy of which shall
be furnished the person so suspended, and after a hearing upon such
charges by the said board, in case of suspension by the board, or the
chief of the fire department, or the officer acting as chief, and by the
mayor, in case of suspension by him, the said board of control, or mayor,
as the case may be, may remove-the person so suspended from office:
provided, that the officer or memher of the fire department, other than the
chief, so suspended and removed by the mayor, shall have the right of
appeal to the said board of control, and upon such appeal the case shall
be heard de novo, and the decision of the said board shall be final.

No officer or member of the fire department so suspended, as herein-
before provided, shall exercise the duties of his office or employment
during his suspension, or receive the emoluments thereof.

The chief of the fire department and his assistants shall be authorized
to exercise the powers of police ollicers while going to, attending or
returning from any fire or alarm of fire.
2. All acts or parts of acts in conflict herewith are hereby repealed.