Chap. 47.—An ACT toamend and re-enact section 2951 of the Code of Virginia,
in relation to salaries of mayors and councilmen. [S B 137]

Approved February 21, 1930

1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and fifty-one of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 2951. Salaries of mayors and councilmen.—The present
law governing the salaries of mayors shall remain in force and effect,
if the general councilmanic plan herein provided for be adopted, until
otherwise changed by law. The salaries of all councilmen, whether
in a city or town, including the salary of such person as may be desig-
nated mayor of cities under the modified commission plan or the city
or town manager plan herein provided for, shall be fixed by a com-
mission of five resident taxpayers, who shall also be qualified voters
of such city or town, and who shall be appointed by the circuit court
or the judge thereof in vacation, having jurisdiction in such city or
town, and who shall serve as such without compensation. If there
be no circuit court in any such city, then such commission shall be
appointed by the corporation or hustings court or the judge thereof
in vacation. The compensation so fixed shall be for one term only.

The said commissioners shall be notified by the clerk of the said
court of their appointment, and, upon being so notified, shall, as soon
as practicable, meet, and fix said salaries, and make due written report
of their action to the said clerk of the court. The report so made
shall lie in the office of the said clerk for thirty days, during which
time any citizen or taxpayer of the said city or town may file written
exceptions to the same. If no exceptions to the said report are made,
then at the expiration of the said thirty days the said clerk shall trans-
mit the said report to the council of such city or town, which report
shall be entered in full on the records of the council and shall have
the force and effect of an ordinance duly adopted in the mode pre-
scribed by law.

If any citizen or taxpayer file exceptions to the said report within
the thirty-day period above provided for, the matter shall be immedi-
ately docketed by the clerk for hearing as a privileged case as soon as
the court may be able to hear the same, after the lapse of the said
thirty days from the making of the said report. The judge of such
court shall have entire control of the matter, and may either reject,
modify or confirm the said report. Any citizen or taxpayer of such
city or town may make himself a party to the hearing before the court,
and may present such evidence as may be pertinent. If the report
be rejected by the court new commissioners shall be appointed immedi-
ately, and the same procedure followed as set forth in the first instance.

Upon final determination of the matter such order as the court
may enter shall be certified to the council, spréad upon its records,
and have the force and effect of an ordinance duly adopted as pre-
scribed by law. The salaries so fixed shall relate back to the begin-
ning of the present term of each such councilman and the mayor, if
such terms have already begun, and all past due salaries shall
be paid to such of them as shall have been serving without drawing
salary. But nothing in this act shall be construed to interfere with
the salaries of such of the members of any such council as have had their
salaries previously so fixed and whose terms of office have not expired.

The application for said commissioners shall be made by the mayor
immediately after formal notice to the council of the adoption of the
provisions of this chapter, and every two years thereafter, immedi-
ately following his election as mayor in the month of September.

In the event that the mayor of a town shall receive a salary, such
salary shall be fixed by the town council, but such salary for his services
as mayor shall not exceed one thousand dollars per annum, and shall
be in lieu of all fees except fees for the trial of civil matters. All
other fees received by the mayor shall be paid into the treasury of
said town monthly; but the mayor shall not be entitled to vote on any
ordinance, motion or resolution fixing his salary.

But no salary shall be paid the members of any council of any town
or city, unless the same shall have been authorized by the electors of
such city or town as hereinbefore provided.

Nothing in this section shall affect the salaries of any city mayor,
councilman or other officers whose salaries are fixed, or the manner of
fixing same prescribed by, the charter of any city.