Chap. 134.—An ACT to amend and re-enact section 54 of an act of the gen-
eral assembiy of Virginia approved March 14, 1906, entitled an act to
amend and re-enact an act of the general assembly of Virginia 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, ap-
proved, respectively, April 6, 1887; Apri] 28, 1887; May 14, 1887; Feb-
ruary 14, 1900; February 21, 1900; February 26, 1900; February 2, 1901;
February 15, 1901; March 15, 1902; and to define the boundarieg of said
city of Norfolk, as extended by the several acts of the general assembly,
approved 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 January 1906, approved March 14, 1906. (S. B. 231.)

Approved March 17, 1914.

1. Be it enacted by the general assembly of Virginia, That
section fifty-four of an act of the general assembly of Virginia, ap-
proved March fourteenth, nineteen hundred and six, 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 for a charter for the city of Norfolk, and
repealing the existing charter, approved April twenty-first, eigh-
teen hundred and eignty-two, as amended by the several acts of the
general assembly of Virginia, approved respectively, April sixth,
eighteen hundred and eighty-seven, April twenty-eighth, eighteen
hundred and eighty-seven, May fourteenth, eighteen hundred and
eighty-seven, February fourteenth, nineteen hundred, February
twenty-first, nineteen hundred, February twenty-sixth, nineteen
hundred, February second, nineteen’ hundred and one, February fif-
teenth, nineteen hundred and one, March fifteenth, nineteen hun-
cred and two; and to define the boundaries of the said city of Nor-
folk, as extended by the several acts of the general assembly, ap-
proved 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:

Sec. 54. There shall be a board of control for the said city, to
be composed of three members, who shall be qualified voters of the
said city.

At the first election held for members of the city council under
this act there shall be elected from among the qualified voters of
the said city the three members of the board of control, one of whom
shall serve for the term of two years, one for the term of four years,
and one for the term of six years from the first day of September,
nineteen hundred and six, and at each successive biennial election
held for members of the city council there shall be elected one mem-
ber of said board for the term of six years from the first day of
September next ensuing; and the three members first elected under
this act shall draw lots to determine the terms of the members so
elected.

In case any vacancy should occur in said board by reason of the
death, resignation, or otherwise, of either member of said board
elected as aforesaid, it shall be filled by an election by. the city
council, in joint session, of some person who is a qualitied voter,
until the next election of members of the city council, when, if the
term would not then expire, a member for the unexpired term
caused by such vacancy shall be elected by the voters of the said city.

Each of the members of the board of control elected as aforesaid
shall be required to give bond with security, payable to the said city
conditioned for the taithful performance of his duties as a member
of the said board in such penalty as may be prescribed by the city
council, and said members shall receive such compensation during
their terms, respectively, as may be prescribed by the said city
council, The compensation of ail the members of the said board
may be increased or diminished to take ettect at the expiration of
the term of any one member, anything to the contrary hereinbefore
notwithstanding.

The said board of control, subject to such rules and regulations
as may be prescribed by law or ordinance, shall have the manage-
ment and control of ali the streets and alleys, including sidewalks
and all public ways whatsoever; all public bridges, with their foun-
dations, approaches and abutments, all public squares and parks,
all the public buildings, all sewers, drains and waterways; the water
works and plant, ali public cemeteries, markets, almshouses, and
crematories. It shall also have like control and management of
the police, fire and health departments and all property appertain-
ing to the same, and generally to have the control, management and
jurisdiction of the existing departments of the boards of street,
sewer and drain commissioners, the water commissioners, the police
commissioners, the fire commissioners, the board of health, the in-
spection of buildings, the board of electrical control, and all works
and properties now under the direct control of the council commit-
tee and all other public utilities, works, and improvements, that
are now owned or controlled by the said city and not herein spe-
cially enumerated, and such other as may be required by the said
city, and also the gauging, inspection, measuring, weighing, and
metering of all articles of commerce or traffic; and the said board
shall have all such powers of a board of health as are now or may
hereafter be prescribed by law or ordinance.

The management and control which the board of control shall
have over the several departments and works entrusted to it shall
be in accordance with such rules and regulations respecting the same
as are in force when this charter takes effect or as shall hereafter be
adopted by the council or by ordinance. Such rules and regulations
shall define the duties of the officers of the several departments and
works and provide for the protection of all the public works and
property of the city under the management and control of the said
board against injury and trespass and injury and for the protection
ot the streets, lanes, alleys, wharves, parks and other public prop-
erty against nuisances, obstructions, and injuries, and for the sum-
mary removal of all nuisances, unlawful obstructions or encroach-
ments thereon, and for the punishment of persons or corporations
committing such trespass, injuries, nuisances, obstructions, or en-
croachments.

‘lhe said board of control shall be considered as in session from
day to day without any regular adjournment, Sundays and legal
hotidays excepted, and shall keep a record of its proceedings, which
shall at all times be open to public inspection. It shall elect a
chairman to serve during its pleasure, and any two members shall
constitute a quorum for pusiness. The city clerk shall be the clerk
of the said board fur the purpose of keeping its minutes and records,
but may act as such either through his deputy or one of his assist-
ants. ‘Che said board shall make to the city council from time to
time such reports as may be required by the said council, or by either
branch thereof. ‘The said board shalt annually, not later than the
first day of March of each year, make and file with the city clerk
an estimate of the amount required by each department under its
control for the next fiscal year thereafter, showing also the improve-
ments contemplated and the probable costs thereof.

It shall be the duty of the said board to. see that all contracts
made by or for the city are carried out, and that the conditions and
requirements of all grants arid franchises are adhered to.

The said board shall act as board of contract and supply, and
it shall be its duty to make all contracts for the performance of any
work or for the supply of any materials for the use of any depart-
ment of the city under its control in accordance with the ordinances
making appropriations therefor, but in making purchases for said
departments they shall always be made by the board under pruper
requisitions therefor and under the rules and‘regulations established
by ordinance or by said board not in conflict therewith, and after
a resolution of the board authorizing such purchase, except in cases
of emergency where great loss or damage to the city would ensue,
and when, in such cases, the head of the department where such
emergency exists shall file with the clerk of the board a certificate
approved by the chairman showing such emergency and the neces-
sity for the expenditure. The said board shall make no contract
cn behalf of the city unless first authorized by the city council by
an ordinance or resolution making an appropriation therefor. All
contracts for work or materials shall be let after public bidding,
where practicable, unless otherwise provided for by ordinance. Said
Loard shall have power to reject any or all bids.

When any work done or materials purchased shall have been re-
quired by ordinance to be done or purchased under the approval
of the city engineer or the chief or head of any department, the
said board shall order no bill paid for the same without the ap-
proval of the said city engineer, or the chief or head of such de-
partment.

The said board shall have the power to employ such superintend-
ents, managers, chiefs, or heads of the several departments, and
of the works and properties under its control, and upon such sal-
aries as may be authorized by the city council, except that until the
present terms of office of the street inspector, the clerk of the city
market, the superintendent of the cemeteries, the sealer of weights
and measures, the gauger and inspector of liquors, the keeper of
the almshouse and the health oflicer shall expire, the said officers
shall perform their respective duties as now provided or as may
hereafter be provided by law, but shall report to and be subject to
the said board of control.

The term of office of any person so employed as superintendent,
manager, chief, or head of any such department, except the health
department, shall be two years, and the term of office of the chief
or head of the health department shall be four years, from the date
of his appointment and qualification, and until his successor is duly
chosen and qualified, unless sooner removed by the city council, or
by the said board, and any such person so employed shall be first
nominated to the city council and approved by the said council in
joint session; provided, that in the nomination of the chief or head
of the health department, the said board shall, ten days before mak-
ing such nomination, request the Norfolk medical society, or other
medical association in said city, composed of the greatest number of
licensed physicians resident therein, to nominate a fit person for
that office, and upon such nomination being made by the said medi-
cal, society, the said board may nominate the person so nominated,
or some other fit person, to the said city council for approval, or in
default of the said medical society making such nomination, the
said board shall make such nomination.

No member of the board of control and no person appointed by
the said board, whether subject to the approval of the city council
or otherwise, shall be a member of the electoral board of said city
or judge ot ‘election of said city.

The said board shall have the power at any time to guepend any
superintendent, manager, chief or head of any department, or of
any works or property under its control for a period not exceedin
thirty days; and after a hearing upon charges in writing, the sail
board may remove any such employee or officer, subject to the ap-
proval of the city council, and in case of any such suspension or re-
* moval, the said board shall have the power to fill the vacancy caused
by such suspension or removal until a successor is duly elected and
qualified, and during the suspension or the removal by the board
subject to the approval of the city council, of any such employee
or officer, he shall not have the right to exercise the duties of his
employment or office, or to receive any emolument therefrom.

The said board shall have power also to employ such clerk and
assistants to the board and upon such salaries as may be author-
ized by the city council, to hold their positions at the pleasure of
the said board.

All persons so employed, as hereinbefore provided, shall give
such bond with security, as may be required by the city council.

The superintendents, managers, chiefs, and heads of the various
departments, works, or properties under the management and con-
trol of the said board, except as hereinafter provided, shall each
employ, with the approval of the said board, such assistants in their
several departments as may be designated by the said council, and
the superintendent, manager, chief or head of the said departments,
works or properties, except as hereinafter provided, shall employ
and discharge all other subordinate employees in his department or
authorized to be employed by him, subject only to such rules and
regulations as may be prescribed by the city council, or by the said
board not in conflict with the ordinances of the said council.

In all cases in the election or appointment of such employees
preference shall be given to persons who are residents and tax
payers of the city.

The board shall have the power at any time to suspend any such
assistant for a period not exceeding sixty days, and after hearing,
upon charges in writing, may remove any such assistant, and during
such suspension, such assistant shall not exercise the duties of his
employment or office nor receive any emolument therefrom. Any
vacancy arising from any such removal shall be filled as hereinbefore
provided for the appointment of such assistant.

The said board of control shall make all local assessments for
any public works for which such assessments may be made by law
under such rules and regulations as may be prescribed by the city
council by ordinance or otherwise, but any person affected’ by any
such local assessment may appeal from the decision of the said
board, as to any such assessment against him, to the corporation
court. of the city.

The said board shall have the right to call upon any administra-
tive officer of the said city, except the mayor, to attend its meetings,
and give such information or services to said board as may be re-
quired of him.

All appointments by the board of control or other boards or de-
partments shall be based upon merit, fitness and competency alone,
and political or religious opinions shall not be considered in making
appointments. In order to carry this into effect, the council shall,
after September first, nineteen hundred and six, elect a commission "
of five citizens, who shall serve without compensation, to hold office
for three years, and until their successors are elected and shall qual-
ify. In electing the said commission by the council the cumulative
system of voting shall prevail. It shall be the duty of the said com-
nission to ascertain the fitness and competency of applicants for all
positions, except the heads, superintendents, or chiefs of depart-
ments under the city government, under such rules and regulations
as shall be determined by the city council by ordinance, and to fur-
nish at all times lists of fit persons, for various positions, as desig-
nated by such ordinances, and from such lists all appointments shall
be made.

It shall be the duty of the council to provide for the proper
maintenance of the commission.