Chap. 109.—An ACT to amend the charter of the city of Richmond so ag
to amend and re-enact sections 9, 11, 12, 13, 28, 30-a, 30-c, 30-d, 30-h,
37, 84, 85, 86, 87, 88, 89, 90, 91, and 92 as the same or any of them
may have been heretofore amended, and so as to add to the said
charter certain sections to be known as 13-a, 13-b, 18-a and 18-b, and
to repeal sections 24-a, 24-b, 66-a, 66-b, 66-c, 66-d, and 66-e, as the
same or any of them may have been heretofore amended.

(H. B. 163.)
Approved March 4, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections nine, eleven, twelve, thirteen, twenty-eight, thirty-a,
thirty-c, thirty-d, thirty-h, thirty-seven, eighty-four, eighty-five,
eighty-six, eighty-seven, eighty-eight, eighty-nine, ninety, nine-
ty-one, and ninety-two of the charter of the city of Richmond
as the same or any of them may have been heretofore amended,
be amended and re-enacted so as to read as follows:

9. He shall by virtue of his office possess all the jurisdic-
tion and exercise all the powers and authority given him by
the Constitution and the general statutes of the State in addi-
tion to the powers hereby given him, or that may hereafter be
given him by virtue of any other act of assembly.

11. He shall by virtue of his office be the chief executive
officer of the city government, and as such shall be charged with
the duties of supervising and compelling the performance of
duty by all other officers and employees under the city govern-
ment, the officers and members of the police department, the fire
department, the health department and other boards or depart-
ments of the city government, and in order to carry out the
duties imposed by this section shall have access to all books and
documents in the offices of the various officers or boards and
their subordinates, with the power of suspension ‘and removal
of all such officers and employees who, in his opinion, may be
unfit for the offices and employment to which they have been
appointed or elected or derelict in the discharge of their duty
as such, with the right of appeal from his determination as to
removal of any such officer to the hustings court of the city of
Richmond or the judge thereof in vacation, whose judgment in
the premises. without trial by jury, shall be final. The suspen-
sion from office as herein provided shall not exceed thirty dave
On the removal or suspension of such officer or officers the
mayor shall report the same with his reasons therefor to the
city council at their next stated meeting, and also report within
twenty-four (24) hours, the removal or suspension of any officer
or employee to the head of the department to which such officer
or employee belongs. He shall also have such other powers and
discharge such other duties as may be hereafter imposed upon
him by any ordinance of the council of the city of Richmond
not in conflict with this charter.

12. In case of the absence or inability of the mayor, the
president of the board of aldermen shall possess the same pow-
ers and discharge the municipal duties of the mayor during
such absence or inability, and in the absence of the mayor and
the president of the board of aldermen, the vice-president of
the board of aldermen shall possess such powers and discharge
such duties.

13. In case a vacancy shall occur in the office of mayor,
the city council shall elect a qualified person to supply the va-
cancy until the next general municipal election for members of
the council, which may be held in the city thereafter, when
the vacancy shall be filled by election for the unexpired term.

28. There shall be elected by the people one city treasurer,
one commissioner of the revenue the terms of which officers
shall be four years from the first day of January succeeding
their election, and five members of a board to be known as the
administrative board the terms of all of whom shall be as set
forth in section thirty-a, and there shall be appointed by the
council in joint session one city clerk, one clerk of council com-
mittees, one sergeant at arms of the city council, one city at-
torney, one auditor, one police justice, one clerk to the police
justice, one substitute police justice, nine members of the city
school board, one clerk to the city treasurer, one clerk to the
sity auditor, and one collector of delinquent taxes, and each
branch of the council shall be authorized to appoint such offi-
ers and clerks as may be deemed proper for the regulation of
ts proceedings and for the convenient transaction of their
jusiness, the terms of which officers and clerks so to be ap-
ointed shall be two years from the first day of July succeeding
heir appointment, except the term of police justice, whose term
hall be four years.

30a. That the terms of members of the administrative
ard created by the act of the general assembly, approved Feb-
‘uary ninth, nineteen hundred and twelve (acts nineteen hun-
red and twelve, page forty-three), hereafter elected shall be
8 follows: That the member of the said board to be elected
n nineteen hundred and sixteen shall serve for three years
rom January first, nineteen hundred and seventeen; that of
he two members to be elected in nineteen hundred and eigh-
een, one shall serve for two years from the first day of Janusrv.
nineteen hundred and nineteen, and one for three years from
the first day of January, nineteen hundred and _ nineteen,
and that of the three members to be elected in nineteen
hundred and nineteen, one shall serve for three years from
the first day of January, ninteen hundred and twenty, one
for four years from the first day of January, ninteen hun-
dred and twenty, and one for five years from the first day of
January, nineteen hundred and twenty, and thereafter upon
the expiration of said terms respectively, one member of the
board shall be elected each year to serve for a term of five
years. In order to determine the respective length of the
terms of said members where two or three are elected at the
same time, as herein provided, the commissioners of election
authorized and required to canvass the vote of such elections
shall determine by lot in the presence of the persons so elected
or their representatives, should they or either of them make
known their desire to be present or to be so represented, which
of said commissioners so elected at the same time shall hold
for the short and which for the long terms. Each member of
said board shall qualify in the mode prescribed by law before
the city clerk, and shall execute a bond with some trust com-
pany as surety, satisfactory to the city attorney, in the penalty
of five thousand dollars, conditioned for the faithful discharge
of his duties as a member of said board; they shall devote all
of their time to the discharge of their duties, and shall receive
out of the city treasury an annual salary of not less than four
thousand dollars, to be fixed by the city counsel, payable as the
salaries of other city officers are paid. But should any member
of the administrative board become a candidate for any office,
Federal, State or municipal, he shall ipso facto, vacate his office
as a member of said board, and whenever any member of said
board is named as an applicant or candidate, or as proper to be
supported as a candidate for any office, or a proper person to
receive such office, the mayor or chairman of said board shall,
or any member of said board may, notify him that his name
is mentioned in connection with such office, and if said member
does not, within ten days after the receipt of such notice, file
with the board his statement in writing that he is neither a
candidate nor an applicant for such office, and likewise certi-
fying that he will not accept nor serve if elected or appointed
to such office, the said board shall declare his place vacant. All
vacancies In membership upon said board shall be filled in ‘the
manner prescribed by law for the filling of other vacancies in
municipal offices elective by the people.

_ 80c. That all of the duties of an executive or administra-
tive character now exercised by any of the several committees
of the council of the city of Richmond under any law or ordi-
nance now in force are hereby expressly conferred unon and
required to be exclusively exercised by the said administrative
board; and the management and control of all streets and al-
leys, including sidewalks and public ways whatsoever; all pub-
lic bridges, with their foundations, approaches and abutments;
all public squares and parks; all public buildings; all sewers,
drains and water-ways; all water works, gas works, electric
works or plants now owned by the city or which may hereafter
be acquired or constructed, together with all mains, pipes, wires,
poles, conduits and other works, structures and buildings of
any nature whatsoever connected therewith; all public ceme-
teries, markets, almshouses, crematories and all property, both
real and personal, used in connection with the said several works
of public improvement or ownership, and generally the control,
management and jurisdiction over any and all departments of
the city government, other than the police and fire departments,
and over all other public utilities, works and improvements be-
longing to or controlled by the city not herein specially enu-
merated, and such as may hereafter be acquired by the city,
and also the gauging, inspection, measuring, weighing, and me-
tering of all articles of commerce or traffic are hereby expressly
placed under the management and control of the said adminis-
trative board, and concerning such management and control the
said board may make and promulgate rules and regulations for
the government of all officers in charge of the departments
under their control, and employees therein, and enforce a com-
pliance with the same by the imposition of penalty.

30d. Appropriations to the extent of ninety-five per cen-
tum of the fairly anticipated revenues for each ensuing year,
shall be made in lump sums in the annual budget ordinance for
the maintenance and expenditure of each department, but the
council may, from time to time, make additional appropriations,
but nothing herein shall be so construed as to curtail or impair
the powers and authority of the council of the city of Richmond
of a legislative character, under the Constitution, charter of the
city of Richmond, or other statutes of the State of Virginia.

30h. The said board is hereby vested with authority to ap-
point all officers, other than those whose appointment is ex-
pressly provided for by the charter of the city of Richmond,
and also all other officers now authorized to be appointed, and
ill employees and subordinates now employed by any commit-
ee of the council or authorized to be employed under any ordi-
1ance or resolution now in force or hereafter passed, other than
those whose appointment is expressly reserved to the council,
und those appointed for the police department, fire department,
v the city school board, by the city attorney and by the com-
nittee on finance. The terms of office of any person appointed
vy said administrative board shall be two years, and until his
successcr is duly chosen and qualified, unless sooner removed
xy the said board, and any person employed shall continue in
such employment during the pleasure of said board. And the
power is hereby expressly conferred on the administrative
board to abolish any office which they are authorized to fill, or
combine the duties appertaining to two or more offices in one
officer, and designate the officer to execute the combined duties,
and the person whose office is abolished, and who has not been
elected to perform the duties that are discontinued, shall have
ne right to demand or receive any salary or compensation there-
after.

37. The auditor shall, annually, submit to the administra-
tive board during the month of January, a report of the esti-
mates necessary, as nearly as may be, to defray the expenses of
the city government during the succeeding fiscal year. He shall,
in said report, class the different objects and branches of said
city expenditures, giving, as nearly as may be, the amount re-
quired for each; and for this purpose he is authorized to require
of all city officers and heads of departments their statements of
the condition and expense of their respective departments and
offices, with any proposed improvement and the probable ex-
pense thereof, of contracts already made and unfinished, and
the amount of unexpended appropriations of the preceding year.
He shall also in such report, show the aggregate income of the
current fiscal year from all sources, the amount of liabilities out-
standing upon which interest is to be ‘paid, and of bonds and
city debts payable during the year, when due and where pay-
able, so that the said board may fully understand the money
exigencies for the succeeding fiscal year, a copy of which report
and estimates shall be forwarded to each branch of the city
council, and by the council shall be referred to the committee on
finance of the council.

But the aggregate amount of appropriations in the annual
budget shall not exceed ninety-five (95) per centum of the esti-
mated receipts for the fiscal year for which such appropriation
is made, based upon a report to be submitted to the council with
the annual appropriation ordinance as to the aggregate income
for the current fiscal year from all sources, together with any
unexpended balance on hand at the end of the preceding year
as required by this section, and no other appropriation shall be
made during the current fiscal year unless it be for the payment
of some portion of the city debt or for the re-payment of a tem-
porarv loan, except by a four-fifths vote of all the members
elected to each branch of the council.

POLICE DEPARTMENT.

84. The police department of the city of Richmond shall be
under the general control and management of the mavor of the
citv of Richmond. who shall adopt, establish, promulgate and
enforce rules, regulations and orders for the government of the
police force; he may divide the city into such police districts as
he may deem proper for the best management of the police force,
and the prevention and detection of crime, and may alter and
change the same from time to time; he shall have authority to
investigate all matters pertaining to the police department and
for that purpose to send for persons and papers and administer
oaths to witnesses.

85. The mayor of the city of Richmond under rules and
regulations to be established by himself may retire members of.
the police department for inability to perform their duties.

86. The mayor shall appoint a suitable person as chief of
police and a suitable person as surgeon of police, either of whom
may be removed at his pleasure. The compensation for the ser-
vices of the surgeon of police shall be paid out of a fund to be
raised by levying a tax not exceeding one dollar per month upon
each member of the police force, but in no event shall the city
be liable for the said compensation or any part thereof. The
chief of police shall appoint, subject to the approval of the mayor,
the members of the police force of the city, which shall consist
of as many members as the city council may by ordinance pre-
scribe, but shall not be reduced below one hundred and fifty
men. The terms of the officers and members of said force shall
be during good behavior and efficiency. The chief of police shall
have power to appoint from the force, subject to the approval
of the mayor, as many captains and sergeants as he may deem
necessary for the efficient discipline of the force and for the en-
forcement of the criminal laws of the Commonwealth and the
enforcement of the charter and ordinances of the city of Rich-
mond. The chief of police shall be responsible to the mayor for
the discipline and efficiency of the force. All orders shall pass
through the chief of police except so far as the rules, regula-
tions or orders established by the mayor provide otherwise. . Any
officer or member of the force may be fined by the chief of police
for gcod cause shown, such fine to be deducted from his pav, or
may be removed or suspended, subject to the approval of the
nayor, from the force or reduced in rank when the same shall
ve. in the judgment of the chief of police, for the good of the
service.

87. In time of exigency the mayor may appoint tempo-
arily without authority from the city council a suitable num-
er of additional policemen for such time as shall appear neces-
ary, not, however, to extend beyond the next meeting of the
ity council. The mayor mav confer police powers upon the
lerks of the markets and their deputies, keepers of parks and
emeteries and their subordinates, watchmen and custodians of
he citv reservoirs. and janitors or superintendent of the city
all and his subordinates. and such other officers and employees
nd their subordinates. of the city as shall have custodv of any
ther piece or part cf the city’s property, so as to authorize them
o prevent any violation of anv law or city ordinance, within
r upon such pieces or parts of the city property as may be
inder their charge or custody, and to prevent any injury or
damage from being done to such pieces or parts of the city
property; and the bailiff of the police court shall have police
powers when acting under the orders of the police justice of the
city. And he may, in his discretion, at the request of any per-
son, firm or corporation, confer police powers upon any person
having the custody of private property as a watchman or cus-
todian, provided, however, that such powers so conferred shall
not extend beyond the bounds of private property in charge of
such watchman or custodian.

88. The mayor shall appoint a suitable person to act as
purchasing agent and secretary of the police department, who
shall have the rank of captain of the force, but before he shall
enter upon his duties as such purchasing agent and secretary,
he shall execute before the city clerk a bond in the penalty of
ten thousand dollars payable to the city of Richmond, with surety
satisfactory to the city attorney, conditioned for the faithful
discharge of his duties as purchasing agent and secretary of
the police department, which bond shall be approved by the city
attorney and filed with the city clerk, on which bond, in case of
default or loss by the city of Richmond action may be instituted
by the city of Richmond to recover such loss or damage. The
said purchasing agent on requisitions by the chief of police, ap-
proved by the mayor, under rules and regulations to be estab-
lished bv the mayor, shall purchase uniforms, badges, arms and
other equipment. and all furniture, supplies and other property
needed by the police department.

89. The salary or pay of the officers and members of the
police force shall be such as may be prescribed by the city
council.. It shall be the duty of the mayor, once in each vear
and oftener if deemed necessary, to submit to the city council, in
writing, a detailed estimate of what funds will be needed for
the proper maintenance and growth of the police department,
and to request the council to make appropriation accordingly.
It shall be the duty of the city council to appropriate such sums
of monev as the said council shall deem sufficient for the proper
maintenance of the police department for pay-rolls, expense,
equipment and constriction.

The mayor is authorized to draw warrants on the auditor
of the city to pay claims against the police department, each
warrant to be accompanied by an itemized bill for which it is
drawn. and to be signed by the mayor after being first audited
und countersigned by the purchasing agent and secretary of the
police denartment.

y0. The said chief of police, and every policeman duly ap-
pointed as aforesaid. shall have issued tc him a warrant of
appointment, signed by the mayor and countersigned by the city
clerk. stating the date of his apnointment. which shall be his
commission ; and he shall take such oaths as the city council may
ordain, and subscribe the same in a book to be kept for that pur-
pose by the said city clerk.
91. The chief of police and policemen shall generally have
power to do whatever may be necessary to preserve the good
order and peace of the city, and to secure its inhabitants from
personal violence and their property from loss and injury. Such
members of the said police force as the mayor may designate,
shall, in criminal cases, have the same powers and duties, and
be subject to the same penalties that are prescribed by law as
to constables. All fees and allowances arising from the
exercise of such powers shall be collected by the chief of police,
and held subject to the order of the mayor.

. The said chief of police may prescribe such uniform
and badges for the police force as he may deem proper, and
change the same after six months’ notice and shall direct in
what manner they shall be armed. And if any person, other
than a policeman, shall publicly wear such uniform and badges
as may be prescribed as aforesaid, he may be subjected to such
fine not exceeding the sum of one hundred dollars, as the city
council may advise.

2. Be it further enacted by the general assembly of Vir-
ginia, That the charter of the city of Richmond be and the same
u hereby amended so as to add the following sections to the said

arter:

13a. The mayor shall have the right to appoint the persons
authorized by ordinances to be employed in his office and to ap-
point such other officers and employees as hereinafter authorized.

13b. The mayor shall have the general control and manage-
ment of the police department, and to that end the board of
police commissioners is hereby abolished. .

18a. Before any contract for work for any amount or any
order for supplies exceeding one hundred dollars shall be au-
thorized by any board or officer of -the city of Richmond on be-
half of the city of Richmond, such contract or order shall be
submitted to the auditor, whose duty it shall be to state in writ-
ing endorsed on such paper whether funds are available for the
payment of the expenditure proposed to be made by such con-
tract or order; and any member of any such board voting to
create a debt against the city for work done, for materials fur-
nished or to be furnished, or for any other municipal purpose,
or any such officer who shall make such contract or draw such
order, when there shall not be money already appropriated by
the council available to meet or pay such debt, shall thereby be
liable to suspension or removal from office as provided by this
charter.

18b. No member of the city council shall be eligible dur-
ing his tenure of office as such member, or for one year there-
after, to any office or employment in any department of the city
government under the control of the administrative board.

3. Be it further enacted by the general assembly of Vir-
ginia, That section one of an act approved February twentieth,
eighteen hundred and eighty-six, entitled, an act giving au-
thority to the city of Richmond to improve and control roads to
the new reservoir and soldiers’ home, and acts amendatory
thereof, being section twenty-four-a of the charter of the city
of Richmond, be and the same is hereby repealed; that section
one of an act approved March sixth, eighteen hundred and
eighty-six, entitled, an act to give the city of Richmond control
of the Broad street road from the corporation line to its inter-
section with the boulevard leading to the new reservoir, and
acts amendatory thereof, being section twenty-four-b of the
charter of the city of Richmond be and the same is hereby re-
pealed; and that sections one, two, three, four, and five of an
act approved February twenty-four, eighteen hundred and
eighty-eight, entitled, an act to amend the charter of the city
of Richmond bv adding additional sections to chapter four con-
cerning city officers, so as to provide for the appointment of a
board of public interests, and acts amendatory thereof, being
sections sixty-six-a, sixty-six-b, sixty-six-c, sixty-six-d and sixty-
six-e of the charter of the city of Richmond be and they are
hereby repealed.

4. This act shall be in force on and after July first, nine-
teen hundred and sixteen.