Chap. 368.—An ACT to amend the Code of Virginia by adding to chapter 109-a
thereof fifty-six new sections numbered 2773-n 1 to 2773-n 56, both inclusive,
relating to the organization and government of counties, and providing for
complete forms of county organization and government different from that
provided for in article VII of the Constitution of Virginia, sections 110 to 115,
both inclusive thereof, to become effective in any county in Virginia when sub-
mitted to the qualified voters thereof in an election held for such purpose and
approved by a majority of those voting thereon, as is authorized by section 110
of the Constitution. [S B 78]

Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, That the
Code of Virginia be amended by adding to chapter one hundred: and
nine-a thereof fifty-six new sections numbered twenty-seven hundred
and seventy-three-n one to twenty-seven hundred and seventy-three-n
fifty-six, both inclusive, to real as follows:

Section 2773-n 1. Any county in the State, except those having the
county manager form of government under the provision of chapter
109-A of the Code of Virginia, is hereby authorized to adopt either of
the two forms of county organization and government provided for in
the following sections, by complying with the requirements and pro-
cedure hereinafter specified. _

Section 2773-n 2. (a) Upon a petition filed with the circuit court
of the county, or the judge thereof in vacation, signed by ten per cent
of the qualified voters of such county which in no event shall be less
than one hundred qualified voters of the county, asking that a referen-
dum be held on the question of adopting one of the forms of county
organization and government herein provided for, the court or the
judge thereof in vacation shall, by order entered of record, require the
regular election officials at the next regular election or on the day
fixed in said order to open a poll and take the sense of the qualified
voters of the county on the question submitted as herein provided. If
a special election is called it shall be held not more than ninety days
nor less than sixty days from the filing of the petition, but not within
thirty days of any general election. The clerk of the county shall cause a
notice of such election to be published in some newspaper published in
or having a general circulation in the county, once a week for three con-
secutive weeks, and shall post a copy of such notice at the door of the
court house of the said county. ,

In lieu of such a petition, a resolution may be passed by the board
of supervisors and filed with the court 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.

-3(b) The regular election officers of said county at the time desig-
nated in the order authorizing the vote, shall open the polls at the va-
rious voting places in the county and conduct the election in such man-
ner as 1s provided by law for other elections, in so far 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 elec-
tion precincts as in other elections. The ballots used shall be printed
to read as follows: ,

Question one. Shall the county change its form of government?

For
AGAINST
(Strike out one.)

Question two. In the event of such change, which form of or-
ganization and government shall be adopted?

CouNTy EXECUTIVE FORM
CouNTy MANAGER FORM
(Strike out one.)

If the petition or the resolution provided for in subsection (a) of
this section shall ask for a referendum on the single question as to
whether the county shall adopt that form of county organization and
government designated herein as the county executive form, the ballot
shall read :

Shall the county adopt the county executive form?

For
AGAINST
(Strike out one.)
If the petition or the resolution shall ask for a referendum on the
single question as to whether the county shall adopt that form of

county organization and government designated herein as the county
manager form, the ballot shall read:

Shall the county adopt the county manager form?

For
AGAINST
(Strike out one.)

The ballots shall be counted, returns made and canvassed as in
other elections, and the results certified by the commissioners. of elec-
tion to the said circuit 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 county yoting_are in favor of changing
the existing form Of Govetnment therest provided for, the circuit court,
or the judge thereof in vacation, shall enter of record such fact and
the additional fact as to the form of county organization and govern-
ment adopted.

(c) From and after the date on which the officers first elected un-
der the provision of this section shall take office, the form of organi-
zation and government of such county shall be in accordance with the
form of organization and government adopted by the voters thereof
and as hereinafter provided. :

When any form of county organization and government provided
for herein shall have been adopted by any county, the members of the
board of county supervisors thereof shall be elected at the next succeed-
ing_regular Novembereectign their term of office shall commence on
the first day of January thereafter. Until the supervisors so elected, ora
majority of them, shall have qualified and taken office, the supervisors
in office shall continue. All other county and district officers of such
county shall continue to hold office until their successors are elected or
appointed and shall have qualified ; but the term of office of any person
who holds an office abolished by the form of organization and govern-
ment adopted, shall terminate as soon as his powers and duties shall
have been transferred to some other officer or employee, or done away
with. wiaad fag }

CountTY EXEcuTIVE ForM

Section 2773-n 3. The form of county organization and govern-
ment provided for in sections twenty-seven hundred and seventy-
three-n three to twenty-seven hundred and seventy-three-n twenty-
seven both inclusive, shall be known and designated as the county
executive form.

Section 2773-n 4. The powers of the county as a body politic and
corporate shall be vested in a board of county supervisors, to consist
of not less than three nor more than seven members to be elected by
the qualified voters of the county. There shall be on the board for
each magisterial district one member, and no more, who shall be a
qualified voter of such district.

If any county having more than seven or less than three magister-
ial districts adopts this form of government, the said board shall con-
sist of five members elected from the county at large. But if at least
sixty days prior to any election of such board the number of such dis-
tricts be reduced to not more than seven nor less than three, the mem-
bers of such board shall be elected as prescribed in the foregoing
paragraph. ,

The supervisors first elécted shall hold office until the first day of
January following the next regular election provided by general law
for the election of supervisors. At such election their successors shall
be elected for terms of four years each.
Any vacancy on the board of county supervisors shall be filled by
the judge of the circuit court of the county; his appointee shall hold
office during the remainder of the term of his predecessor in office.

Section 2773-n 5. (a) The board of county supervisors shall be
the policy determining body of the county and shall be vested with
all rights and powers conferred on boards of supervisors by general
law, not inconsistent with the form of county organization and govern-
ment herein provided. |

A) It shall have full power to inquire into the official conduct of
any office or officer under its control, and to investigate the accounts,
receipts, disbursements, and expenses of any county or district officer;
for these purposes it may subpoena witnesses, administer oaths, and
require the production of books, papers and other evidence; and in
case any witness fails or refuses to obey any such lawful order of the
board of supervisors, he shall be deemed guilty of a misdemeanor.

(c) The board of county supervisors shall, as soon as the mem-
bers thereof are elected and take office, provide for the performance
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
necessary, not inconsistent with the provisions of the form of county
organization and government herein provided.

(d) Whenever it is not designated herein what officer or em-
ployee of the county shall exercise any power or perform any duty
conferred upon or required of the county, or any officer thereof, by
general law, then any such power shall be exercised or duty performed
by that officer or employee of the county so designated by ordinance or
resolution of the board of county supervisors.

Section 2773-n 6. (a) The board of county supervisors shall ap-
point a county executive and fix his compensation. He shall devote his
full time to the work of the county. He shall be appointed with regard to
merit Only, and need not be a resident of the county at the time of his
appointment. No member of the board of county supervisors shall, dur-
ing the time for which elected, be chosen county executive, nor shall
such powers be given to a person who at the same time is filling an
elective office. The head of one of the departments of county govern-
ment may, however, also be appointed county executive.

(b) The county executive shall not be appointed for a definite
tenure, but shall be removable at the pleasure of the board of county
supervisors. In case the said board determines to remove the county
executive, he shall be given, if he so demands, a written statement of
the reasons alleged for the proposed removal and the right to a hearing
thereon at a public meeting of the said board prior to the date on which
his final removal shall take effect, but pending and during such hear-
ing the board of county supervisors may suspend him from office, pro-
vided that the period of suspension shall be limited to thirty days.
The action of the board in suspending or removing the county execu-
tive shall not be subject to review.

(c) In case of the absence or disability of the county executive,
the board of county supervisors may designate some responsible per-
son to perform the duties of the office.
Section 2773-n 7. (a) The board of county supervisors shall ap-
point, upon the recommendation of the county executive, all officers
and employees in the administrative service of the county, except as
otherwise provided in section twenty-seven hundred and seventy-
three-n twenty, and except as the said board may authorize the head
of a department or office to appoint subordinates in such department
or office ; provided, however, in appointing the county school board no
recommen carion ay she—cosntcxecutive shale requee . All ap-
pointments shall be on the basis of ability, training and experiences of
the appointees which fit them for the work which they are to perform.
All such appointments shall be without definite term, unless for tem-
porary service not to exceed sixty days, except as otherwise provided
as to the county executive.

(b) Any officer or employee of the county appointed pursuant to
the foregoing paragraph may be suspended or removed from office or
employment either by the board of county supervisors or the officer
by whom appointed or employed. In case of the absence or disability
of any officer, except the county clerk, the attorney for the Common-
wealth, and the sheriff, which offices shall be filled as provided by gen-
eral law, the board of county supervisors or other appointing power
may designate some responsible person to perform the duties of the
office.

(c) The board of county supervisors shall, subject to such limi-
tations as may hereafter be made by general law, fix the compensation
of all officers and employees of the county, except as it may authorize
the head of some department or office to fix the compensation of su-
bordinates and employees in such department or office.

Section 2773-n 8. The county executive, the attorney for the Com-
monwealth, the sheriff, and the directors or heads of all deparments of
the county shall be entitled to be present at all meetings of the board
of county supervisors. The county executive shall have the right to
take part in all discussions and to present his views on all matters
coming before the board; the attorney for the Commonwealth, the
sheriff, and the directors or heads of the departments shall be entitled
to present their views on matters relating to their respective
departments.

Section 2773-n 9. (a) The county executive shall be the adminis-
trative head of the county. He shall attend all meetings of the board
of county supervisors and recommend such action as he may deem
expedient. He shall be responsible to the board of county supervisors
for the proper administration of all the affairs of the county which the
board has authority to control.

(b) He shall make monthly reports to the board of county super-
visors in regard to matters of administration, and keep the board
fully advised as to the financial condition of the county.

(c) He shall submit to the board of county supervisors a proposed
annual budget, with his recommendations, and shall execute the budget
as finally adopted.

(d) He shall execute and enforce all resolutions and orders of the
board of county supervisors and shall see that all laws of the State re
quired to be enforced through the board of county supervisors or som
other county officer subject to the control of the board of county st
pervisors are faithfully executed.

(e) He shall examine regularly the books and papers of ever
officer and department of the county and report to the board of count
supervisors the condition in which he finds them.

({) The county executive may, if required by the board of count
supervisors, act as the director or head of any department or depart
ments, the directors or heads of which are appointed by the board c
county supervisors, provided he is otherwise eligible to head such de
partment or departments.

(gz) He shall perform such other duties as may be required of hir
by the board of county supervisors.

Section 2773-n 10. The activities or functions of the county shal
with the exceptions herein provided, be distributed among the follow
ing general divisions or departments:

First. Department of finance.

Second. Department of public works.
Third. Department of public welfare.
Fourth. Department of law enforcement.
Fifth. Department of education.

Sixth. Department of records.

Seventh. Department of health.

The board of county supervisors may establish either or both of th
following additional departments, and no others:

First. Department of assessments.
Second. Department of farm and home demonstration.

Any activity which is unassigned by this form of county organiza
tion and government shall, upon recommendation of the county execu
tive, be assigned by the board of county supervisors to the appropriat
department. The board may further, upon recommendation of th
county executive re-assign, transfer, or combine any county function:
activities, or departments.

Section 2773-n 11. (a) The director of finance shall be the hea
of the department of finance and as such have charge of the adminis
tration of the financial affairs of the county, including the budget; th
assessment of property for taxation; the collection of taxes, licens
fees, and other revenues; the custody of all public funds belonging t
or handled by the county; supervision of the expenditures of th
county and its subdivisions; the disbursement of county funds; th
purchase, storage and distribution of all supplies, materials, equif
ment, and contractual services needed by any department, office, o
other using agency of the county unless some other officer or employe
is designated for this purpose; the keeping and supervision of all ac
counts ; and such other duties as the board of county supervisors ma
by ordinance or resolution require.
(b) No money shall be drawn from the treasury of the county, nor
shall any obligation for the expenditure of money be incurred, except
in pursuance of the annual appropriation ordinance, or legally enacted
supplement thereto, or subsequent resolution passed by the board.
Accounts shall be kept for each item of appropriation made by the
board of county supervisors. Each such account shall show in detail
the appropriations made thereto, the amount drawn thereon, the un-
paid obligations charged against it, and the unencumbered balance in
the appropriation account, properly chargeable, sufficient to meet the
obligation entailed by contract, agreement, or order.

(c) The director of finance shall exercise all the powers conferred
and perform all the duties imposed by general law upon commissioners
of the revenue, not inconsistent herewith, and shall be subject to the
obligations and penalties imposed by general law.

(d) Every general reassessment of real estate in the county, un-
less some other person be designated for this purpose by the board of
county supervisors in accordance with section twenty-seven hundred
and seventy-three-n seven or unless the board shall create a separate
department of assessments in accordance with section twenty-seven
hundred and seventy-three-n ten, shall be made by the director of fi-
nance; he shall collect and keep in his office data and devise methods
and procedure to be followed in each such general reassessment, that
will make for uniformity in assessments throughout the said county.

(e) The director of finance shall also exercise all the powers con-
ferred and perform all the duties imposed by general law upon county
treasurers, and shall be subject to all the obligations and penalties
imposed by general law. All moneys received by any officer or em-
ployee of the county for or in connection with the business of the county
shall be paid promptly into the hands of the director of finance; all
such money shall be promptly deposited by the director of finance to
the credit of the county in such banks or trust companies as shall be
selected by the board of county supervisors. No money shall be dis-
bursed or paid out by the county except upon check signed by the
chairman of the board of county supervisors, or such other person as
may be designated by the board, and countersigned by the director of
the department of finance.

The board may designate one or more banks or trust companies as
a receiving or collecting agency or agencies under the direction of the
department of finance. All funds so collected or received shall be de-
posited to the credit of the county in such banks or trust companies
as shall be selected by the board.

Every bank or trust company serving as a depository or as a re-
ceiving or collecting agency for county funds shall be required by the
board of county supervisors to give adequate security therefor, and to
meet such requirements as to interest thereon as the said board may by
ordinance or resolution establish. All interest on money so de-
posited shall accrue to the benefit of the county. |

(f) The director of finance shall audit all claims against the
county for goods or services; it shall also be his duty to ascertain that
such claims are in accordance with the purchase orders or contracts
of employment from which same arise; to present such claims to the
board of county supervisors for approval after such audit; to draw all
checks in settlement of such claims after approval by the board of
county supervisors ; to keep a record of the revenues and expenditures
of the county; to keep such accounts and records of the affairs of the
county as shall be prescribed by the auditor of public accounts ; and at
the end of each month to prepare and submit to the board of county
supervisors statements showing the progress and status of the affairs
of the county in such form as shall be agreed upon by the auditor of
public accounts and the board of county supervisors.

(g) The director of finance shall act as purchasing agent for the
county, unless the board of county supervisors shall designate some
other officer or employee for such purpose. The director of finance or
the person designated as purchasing agent shall make all purchases,
subject to such exceptions as may be allowed by the board of county
supervisors, for the county in such manner as may be provided by
resolution of the said board. He shall have authority to make trans-
fers of supplies, materials and equipment between departments and
offices, to sell any surplus supplies, materials, or equipment, and to
make such other sales as may be authorized by the board of county
supervisors. He shall also have power, with the approval of the board
of county supervisors, to establish suitable specifications or standards
for all supplies, materials and equipment to be purchased for the
county, and to inspect all deliveries to determine their compliance with
such specifications and standards. He shall have charge of such store-
rooms and warehouses of the county as the board of county supervis-
ors may provide. ,

All purchases and sales shall be made under such rules and regula-
tions as the board of county supervisors may by ordinance or resolu-
tion establish. Subject to such exceptions as the board may provide,
he shall before making any purchase or sale invite competitive bidding
under such rules and regulations as the said board may by ordinance
or resolution establish. He shall not furnish any supplies, materials,
equipment or contractual services to any department or office except
upon receipt of properly approved requisition and unless there be an
unencumbered appropriation balance sufficient to pay for the same.

(h) He shall perform such other duties as may be imposed upon
him by the board of county supervisors.

(1) The director may have such deputies or assistants in the per-

formance of his duties as may be allowed by the board of county
supervisors.
' (j) Before the appointment of the chief assessing officer of the
county, whether he be the director of finance, a deputy or supervisor
of assessments in the department of finance, or the head of the depart-
ment of assessments, shall become effective, it shall be approved by the
State tax commissioner, and such officer shall be subject to the obliga-
tions and penalties imposed by general law upon commissioners of the
revenue.
Section 2773-n 12. The county engineer, who shall be head of the
department of public works, shall be a person who by training and ex-
perience is qualified for the construction of highways. He shall have
charge of the construction and maintenance of county roads and
bridges, county drains, and all other public works ; the construction and
care of public buildings, storerooms and warehouses, and the custody
of such equipment and supplies as the board of county supervisors may
authorize; he shall exercise all the powers conferred and perform all
the duties imposed by general law upon the county road engineer, and
in addition shall perform such other duties as may be imposed upon
him by the board of county supervisors; provided, however, that this
section shall not apply to any county wherein the maintenance and
construction and/or reconstruction of county roads and bridges shall
have been assumed by the State, and in such event there shall be in
such county no department of public works; the board of county su-
pervisors shall in each such county assign to some other department
officer or employee the duties set forth in this section and not taken
over by the State.

Section 2773-n 13. The superintendent of public welfare, who shall
be head of the department of public welfare, shall be chosen from a
list of eligibles furnished by the State commissioner of public welfare.
He shall have charge of poor relief, charitable and correctional insti-
tutions, parks and playgrounds, and shall exercise all the powers con-
ferred and perform all the duties imposed by general law upon the
county board of public welfare, not inconsistent herewith. He shall
also perform such other duties as may be imposed upon him by the
board of county supervisors.

The board of county supervisors may select two qualified citizens
of the county, who shall serve without pay, and who, together with
the head of the department, shall constitute the county board of public
welfare. The said board shall advise and co-operate with the depart-
ment of public welfare and shall have power to adopt necessary rules
and regulations not in conflict with law concerning the said depart-
ment. The said board may at any time be abolished by the board of
county supervisors.

Section 2773-n 14. The department of law enforcement shall con-
sist of an attorney for the Commonwealth and a sheriff, and their
assistants, deputies and employees.

The attorney for the Commonwealth shall exercise all the powers
conferred and perform all the duties imposed upon such officer by
general law, and shall be accountable to the board of county super-
visors in all matters affecting the county and shall perform such duties,
not inconsistent with his office, as the board of county supervisors
shall direct. He shall be selected as provided in section twenty- seven
hundred and seventy-three-n twenty.

_ The sheriff shall exercise all the powers conferred and perform all
the duties imposed upon sheriffs and constables by general law. He
shall have supervision and control of the police force of the county,
which may be appointed pursuant to section twenty-seven hundred
and seventy-three-n seven, and the custody, feeding and care of all
prisoners confined in the county jail. The policemen herein provided
for shall have such powers as special policemen provided for by gen-
eral law. He shall perform such other duties as may be imposed upon
him by the board of county supervisors.

Section 2773-n 15. 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 pro-
vided, 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. The county school board
shall be composed of not less than three nor more than seven trustees,
who shall be chosen by the Ba ST Sa SUNerTiSOS eae
pleasure of the appointing board; the exact number of trustees shall
be determunedRy the boats of county supervisors ; provided, however,
that in addition to such number any town in the county which is op-
erated as a separate school district under a town school board shall be
entitled to one member on the county school board, to be selected by
the town school board from its own membership.

The chairman of the county school board shall for the purpose of
appearing before the board of county supervisors under the provi-
sions of section twenty-seven hundred and seventy-three-n eight be
considered head of this department, unless some other person in the
said department shall be designated by the school board for such pur-
pose.

Section 2773-n 16. The department of records shall be under the
supervision and control of the county clerk. He shall be clerk of the
circuit court of the county, and clerk of the board of county super-
visors unless the board shall designate some other person for this latter
purpose. He shall exercise all the powers conferred and perform all the
duties imposed upon such officers by general law, and shall be subject
to the obligations and penalties imposed by general law. He shall also
perform such other duties as may be imposed upon him by the board
of county supervisors.

Section 2773-n 17. The department of health shall consist of the
county health officer, who shall be chosen from a list of eligibles fur-
nished by the State board of health, and who shall be head thereof,
and the other officers and employees of such department. The head of
the said department shall exercise all the powers conferred and shall
perform all the duties imposed upon the local health officer and the
local board of health by general law, not inconsistent herewith. He
shall also perform such other duties as may be imposed upon him by
the board of county supervisors.

The board of county supervisors may select two qualified citizens
of the county, who shall serve without pay, and who together with the
said county health officer shall constitute the county board of health.
The said board shall advise and co-operate with the department of
health and shall have power to adopt necessary rules and regulations,
not in conflict with law, concerning the said department. The said
board may at any time be abolished by the board of county supervisors.

Section 2773-n 18. The department of assessments, if, and when
established, shall be headed by a commissioner of the revenue or a
supervisor of assessments, who shall exercise all the powers conferred
and perform all the duties imposed by sub-sections (c) and (d) of sec-
tion twenty-seven hundred and seventy-three-n eleven upon the direc-
tor of finance.

Section 2773-n 19. The department of farm and home demonstra-
tion shall consist of the county agricultural agent, who shall be head
of the department, a home demonstration agent and such assistants
and employees as may be appointed or employed.

The county agricultural agent and the home demonstration agent
shall be selected from a list or lists of eligibles submitted by the Vir-
ginia Agricultural and Mechanical: College and Polytechnic Institute.
They shall perform such duties as may be imposed upon them by the
board of county supervisors.

Section 2773-n 20. The county clerk and the attorney for the Com-
monwealth, and the sheriff, shall be selected in the manner and for the
terms, and vacancies in such offices filled, as provided by general law.

Section 2773-n 21. The board of county supervisors shall require
an annual audit of the books of every county officer who handles pub-
lic funds, to be made by an accountant who is not a regular officer or
employee of the county and who is thoroughly qualified by training
and experience. If the State provides an auditing service, whether at
the expense of the State or the county, such audit may be considered
as having satisfied the requirements of this paragraph.

The board of county supervisors may at any time order an exami-
nation or audit of the accounts of any officer or department of the
county government. Upon the death, resignation, removal, or expira-
tion of the term of any officer of the county, the director of finance
shall cause an audit and investigation of the accounts of such officer
to be made and shall report the results thereof to the county
executive and to the board of county supervisors. In case of
the death, resignation or removal of the director of finance, the board
of county supervisors shall cause an audit to be made of his accounts.
If, as a result of any such audit, an officer be found indebted to the
county, the board of county supervisors shall proceed forthwith to
collect such indebtedness.

Section 2773-n 22. The board of county supervisors shall estab-
lish a schedule of compensation for officers and employees which shall
provide uniform compensation for like service. The compensation pre-
scribed shall be subject to such limitations as may hereafter be made
by general law. ,

Section 2773-n 23. Each year at least two weeks before the board
of county supervisors must prepare its proposed annual budget, the
county executive shall prepare and submit to the board of county
supervisors a budget presenting a financial plan for conducting the
affairs of the county for the ensuing year; such budget shall be set

24
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.

Section 2773-n 24. No member of the board. of county supervisors
or other officer or employee of the county, or person receiving a salary
or compensation from funds appropriated by the county, shall be in-
terested directly or indirectly in any contract to which the county is a
party, either as principal, surety, or otherwise; nor shall any such
officer or employee or his partner, agent, servant or employee or the
firm of which he is a member purchase from or sell to the county, any
real or personal property, nor shall he be financially interested, directly
or indirectly, in any work or service to be performed for the county or
in its behalf. Any contract made in violation of any of these provi-
sions shall be void.

The amount embraced by any such contract, the value of any thing
so purchased or sold, and the amount of any claim for any such work
or service shall never be paid; or, if paid, may be recovered back, with
interest, by the county, in the circuit court of the county, by action or
motion, within two years from the time of payment. ,

Section 2773-n 25. All officers and employees of the county shall
be paid regular compensation, and the fee system as a method of com-
pensation in the said county shall be abolished, except as-to those
tion and government. such Officers and employees shall, however,
continue to collect all fees and charges provided for by general law,
shall keep a record thereof, and shall promptly transmit all such fees
and charges collected to the director of finance, who shall promptly
receipt therefor. Such officers shall also keep such other records as
are required by sections thirty-five hundred and sixteen, thirty-five
hundred and sixteen-a and thirty-five hundred and sixteen-b of the
Code of Virginia. All fees, and commissions, which but for this sec-
tion would be paid to the said officers by the State for services ren-
dered, shall be paid into the treasury of the county. 1

The excess, if any, of the fees collected by each of the officers men-
tioned in sub-section thirty-five hundred and sixteen, or collected by
any one exercising the powers of and performing the duties of any
such officer, over (a) the allowance to which such officer would be
entitled by general law but: for the provisions of this section and (b)
expenses in such amount as shall be allowed by the State fee com-
mission, shall be paid one-third into the State treasury, and the other
two-thirds shall belong to the county.

Any officer or employee of the county who shall fail or refuse to
collect any fee which is collectible and should be collected under the
provisions of this section, or who shall fail or refuse to pay any fee so
collected to the county as herein provided, shall upon conviction be
deemed guilty of a misdemeanor.

Section 2773-n 26. When this form of county organization and
government shall be adopted the following officers shall, when the
said form of organization and government becomes operative, be
abolished, the powers and duties of such officers transferred as herein
provitted;-and the terms of office of such officers expire as provided in
section twenty-seven hundred and seventy-three-n two:

(a) County surveyor; his powers shall be exercised and his duties
performed by the director of public works, or such person as the board
of county supervisors may otherwise designate.

(b) County coroner; his powers shall be exercised and his duties
performed by the attorney for the Commonwealth, who shall not be
required to hold inquests, except when he considers that in the interest
of the public such should be done. He may, subject to authorization
by the board of county supervisors, employ expert medical assistance
whenever it becomes necessary. He shall not, however, act as sheriff.

(c) Pupetintendent—oi the poor and overseers of the poor; their
powers shall be exercised and their duties performed by the superin-
tendent of public welfare.

(d) Constables; their powers shall be exercised and their duties
performed by the sheriff and his deputies.

(e) The school trustee electoral board.

({) The inheritance tax cOMmissioner.

Section 3-n 27. e county executive shall give bond to the
amount of not less than five thousand dollars. The director of finance
shall give bond to the amount of not less than one-fifth of the amount
of money to be received by him annually. In case the county execu-
tive serves also as director of finance, he shall give bond to the full
amounts indicated above. The board of county 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 faithful
discharge of their duties and the proper accounting for all funds com-
ing into their possession.

County MANAGER ForRM

Section 2773-n 28. The form of county organization and govern-
ment provided for in sections twenty-seven hundred and seventy-
three-n twenty-eight to twenty-seven hundred and seventy-three-n
fifty-three, both inclusive, shall be known and designated as the
county manager form.

Section 2773-n 29. The powers of the county as a body politic
and corporate shall be vested in a board of county-supervisors, to con-
sist of not less than three nor more than seven members to be elected
by the qualified voters of the county. There shall be on the board for
each magisterial district one member, and no more, who shall be a
qualified voter of such district.

If any county having more than seven or less than three magister-
ial districts adopts this form of government, the said board shall con-
sist of five members elected from the county at large. But if at least
sixty days prior to any election of such board the number of such dis-
tricts be reduced to not more than seven nor less than three, the mem-
bers of such board shall be elected as prescribed in the foregoing
paragraph. |
The supervisors first elected shall hold office until the first day of
January following the next regular election provided by general law
for the election of supervisors. At such election their successors shall
be elected for terms of four years each.

Any vacancy on the board of county supervisors shall be filled by
the judge of the circuit court of the county; his appointee shall hold
office during the remainder of the term of his predecessor in office.

Section 2773-n 30. (a) The board of county supervisors shall be
the policy determining body of the county and shall be vested with all
rights and powers conferred on boards of supervisors by general law,
not inconsistent with the form of county organization and government
herein provided.

(b) It shall have full power to inquire into the official conduct of
any office or officer under its control, and to investigate the accounts,
receipts, disbursements, and expenses of any county or district officer ;
for these purposes it may subpoena witnesses, administer oaths, and
require the production of books, papers and other evidence; and in
case any witness fails or refuses to obey any such lawful order of the
board of supervisors, he shall be deemed guilty of a misdemeanor.

(c) The board of county supervisors shall, as soon as the mem-
bers thereof are elected and take office, provide for the performance of
all the governmental functions of the county and to that end shall pro-
vide for and set up all departments of government that shall be neces-
sary, not inconsistent with the provisions of the form of county organ-
ization and government herein provided.

(d) Whenever it is not designated herein what officer or employee
of the county shall exercise any power or perform any duty conferred
upon or required of the county, or any officer thereof, by general law,
then any such power shall be exercised or duty performed by that
officer or employee of the county so designated by ordinance or resolu-
tion of the board of county supervisors.

Section 2773-n 31. (a) The board of county supervisors shall ap-
point a county manager and fix his compensation. He shall be the
administrative head of the county government, and shall devote his
full time to the work of the county. He shall be appointed with regard
to merit only, and need not be a resident of the county at the time of
his appointment. No member of the board of county supervisors shall,
during the time for which elected, be chosen county manager, nor shall
the managerial powers be given to a person who at the same time is
filling an elective office.

(b) The county manager shall not be appointed for a definite
tenure, but shall be removable at the pleasure of the board of county
supervisors. In case the said board determines to remove the county
manager, he shall be given, if he so demands, a written statement of
the reasons alleged for the proposed removal and the right to a hear-
ing thereon at a public meeting of the said board prior to the date on
which his final removal shall take effect, but pending and during such
hearing the board of county supervisors may suspend him from office,
provided that the period of suspension shall be limited to thirty days.
The action of the board in suspending or removing the county mana-
ger shall not be subject to review.

(c) Incase of the absence or disability of the manager, the board
of county supervisors may designate some responsible person to ‘per-
form the duties of the office.

(d) That official designated as county manager and provided for
in section forty-three of chapter one hundred and fifty-nine of the
Acts of Assembly of nineteen hundred and twenty-eight, known as the
general county road law shall hereafter be known and designated as
county road manager.

Section 2773-n 32. The county manager shall be responsible to the
board of county supervisors for the proper administration of all
the affairs of the county which the board has authority to control. To
that end he shall appoint all officers and employees in the administra-
tive service of the county, except as otherwise provided in this form
of county organization and government, and except as he may author-
ize the head of a department or office responsible to him to appoint
subordinates in such department or office. 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. All such appoint-
ments shall be without definite term, unless for temporary service not
to exceed sixty days.

Any officer or employee of the county appointed by the manager,
or upon his authorization, may be laid off, suspended or removed from
office or employment either by the manager or by the officer by whom
he was appointed.

Section 2773-n 33. The manager, the attorney for the Common-
wealth, the sheriff, and the directors or heads of all departments of the
county shall be entitled to be present at all meetings of the board of
county supervisors. The manager shall have the right to take part in
all discussions and to present his views on all matters coming before
the board; the attorney for the Commonwealth, the sheriff and the
directors or heads of the departments shall be entitled to present their
views on matters relating to their respective departments.

Section 2773-n 34. (a) As the administrative head of the county
government for the board of supervisors, the manager shall super-
vise the collection of all revenues, guard adequately all expenditures,
secure proper accounting for all funds, look after the physical prop-
erty of the county, exercise general supervision over all county in-
stitutions and agencies, and, with the approval of the board of county
supervisors, co-ordinate the various activities of the county and unify
the management of its affairs.

(b) He shall execute and enforce all resolutions and orders of the
board of county supervisors, and see that all laws of the State required
to be enforced through the board of county supervisors or other
county officers subject to the control of the board of aapermisans are
faithfully executed.

(c) He shall attend all meetings of the board of supervisors and
recommend such action as he may deem expedient.
(d) He shall, subject to such limitations as may hereafter be made
by general law, fix, with the approval of the board of county super-
visors, the compensation of all officers and employees whom he or a
subordinate may appoint or employ.

(e) He shall submit to the board of county supervisors each year
a proposed annual budget, with his recommendations, and shall exe-
cute the budget as finally adopted.

(f) He shall make regular monthly reports to the board of county
supervisors in regard to matters of administration, and keep the board
fully advised as to the financial condition of the county.

(¢) He shall examine regularly the books and papers of every
officer and department of the county and report to the board of county
supervisors the condition in which he finds them. He may order an
audit of any office at any time.

(h) He shall perform such other duties as may be imposed upon
him by the board of county supervisors.

Section 2773-n 35. The county manager shall be responsible to the
board of county supervisors for the administration of the following
activities: (one) the assessment of property for taxation and the prep-
aration of the taxbooks; (two) the collection of taxes, license fees,
and other revenues of the county; (three) the custody of and account-
ing for all public funds belonging to the county ; (four) the purchase
of supplies, materials and equipment for the county ; (five) the care of
all county buildings; (six) the care and custody of all personal prop-
erty of the county; (seven) the construction and maintenance of
county highways and bridges; (eight) the care of the poor, the opera-
tion of county charitable and correctional institutions, and the other
welfare activities; (nine) public health work and the operation of
county hospitals; (ten) such other activities of the county as are not
specifically assigned to some other officer or agency by this form of
county organization and government or by-laws of the State subse-
quently enacted.

Section 2773-n 36. The activities or functions of the county shall,
with the exceptions herein provided, be distributed among the follow-
ing general divisions or departments :

(1) Department of finance.

(2) Department of public works.

(3) Department of public welfare.

(4) Department of law enforcement.

(5) Department of education.

(6) Department of records.

(7) Department of health.

The board of county supervisors may establish either or both of
the following additional departments and no others:

(1) Department of assessments.

(2) Department of farm and home demonstration.

Any activity which is unassigned by this form of county organiza.
tion and-government shall, upon recommendation of the county man.
ager, be assigned by the board of county supervisors to the appro.
priate department. The board may further, upon recommendations of
the county manager, reassign, transfer, or combine any county func-
tions, activities, or departments.

Section 2773-n 37. (a) The director of finance shall be the head
of the department of finance and as such have charge of the adminis-
tration of the financial affairs of the county, including the budget; the
assessment of property for taxation; the collection of taxes, license
fees, and other revenues; the custody of all public funds belonging to
or handled by the county; supervision of the expenditures of the
county and its subdivisions; the disbursement of county funds; the
purchase, storage and distribution of all supplies, materials, equip-
ment, and contractual services needed by any department, office, or
other using agency of the county unless some other officer or employee
is designated for this purpose; the keeping and supervision of all ac-
counts; and such other duties as the board of county supervisors may
by ordinance or resolution require.

(b) No money shall be drawn from the treasury of the county,
nor shall any obligation for the expenditure of money be incurred, ex-
cept in pursuance of the annual appropriation ordinance, or legally
enacted supplement thereto, or subsequent resolution passed by the
board. Accounts shall be kept for each item of appropriation made
by the board of county supervisors. Each such account shall show
in detail the appropriations made thereto, the amount drawn thereon,
the unpaid obligations charged against it, and the unencumbered bal-
ance in the appropriation account, properly chargeable, sufficient to
meet the obligation entailed by contract, agreement, or order.

(c) The director of finance shall exercise all the powers conferred
and perform all the duties imposed by general law upon commissioners
of the revenue, not inconsistent herewith, and shall be subject to the
obligations and penalties imposed by general law.

(d) Every general reassessment of real estate in the county, unless
some other person be designated for this purpose by the county man-
ager in accordance with section twenty-seven hundred and seventy-
three-n thirty-two or unless the board of county supervisors shall cre-
ate a separate department of assessments in accordance with section
twenty-seven hundred and seventy-three-n thirty-six, shall be made by
the director of finance; he shall collect and keep in his office data and
devise methods and procedure to be followed in each such general re-
assessment, that will make for uniformity in assessments throughout
the said county.

(e) The director of finance shall also exercise all the powers con-
ferred and perform all the duties imposed by general law upon county
treasurers, and shall be subject to all the obligations and penalties im-
posed by general law. All moneys received by any officer or employee
of the county for or in connection with the business of the county
shall be paid promptly into the hands of the director of finance; all
such money shall be promptly deposited by the director of finance to
the credit of the county in such banks or trust companies as shall be
selected by the board of county supervisors. No money shall be dis-
bursed or paid out by the county except upon check signed by the
chairman of the board of county supervisors, or such other person as
may be designated by the board, and countersigned by the director of
the department of finance.

The board may designate one or more banks or trust companies as
a receiving or collecting agency or agencies under the direction of the
department of finance. All funds so collected or received shall be de-
posited to the credit of the county in such banks or trust companies as
shall be selected by the board.

Every bank or trust company serving as a depository or as a re-
ceiving or collecting agency for county funds shall be required by the
board of county supervisors to give adequate security therefor, and to
meet such requirements as to interest thereon as the said board may
by ordinance or resolution establish. All interest on money so de-
posited shall accrue to the benefit of the county.

({) The director of finance shall audit all claims against the
county for goods or services ; it shall also be his duty to ascertain that
such claims are in accordance with the purchase orders or contracts of
employment from which same arise; to present such claims to the
board of county supervisors for approval after such audit; to draw all
checks in settlement of such claims after approval by the board of
county supervisors; to keep a record of the revenues and expenditures
of the county ; to keep such accounts and records of the affairs of the
county as shall be prescribed by the auditor of public accounts ; and at
the end of each month to prepare and submit to the board of county
supervisors statements showing the progress and status of the affairs
of the county in such form as shall be agreed upon by the auditor of
public accounts and the board of county supervisors.

(g) The director of finance shall act as purchasing agent for the
county, unless the board of county supervisors shall designate some
other officer or employee for such purpose. The director of finance or
the person designated as purchasing agent shall make all purchases,
subject to such exceptions as may be allowed by the board of county
supervisors, for the county in such manner as may be provided by
resolution of the said board. He shall have authority to make trans-
fers of supplies, materials and equipment between departments and
offices, to sell any surplus supplies, materials, or equipment, and to
make such other sales as may be authorized by the board of county
supervisors. He shall also have power, with the approval of the board
of county supervisors, to establish suitable specifications or standards
for all supplies, materials and equipment to be purchased for the
county, and to inspect all deliveries to determine their compliance with
such specifications and standards. He shall have charge of such store-
rooms and warehouses of the county as the board of county super-
visors may provide.

All purchases and sales shall be made under such rules and regula-
tions as the board of county supervisors may by ordinance or resolu-
tion establish. Subject to such exceptions as the board may provide,
he shall before making any purchase or sale invite competitive bidding
under such rules and regulations as the said board may by ordinance
or resolution establish. He shall not furnish any supplies, materials,
equipment or contractural services to any department or office except
upon receipt of properly approved requisition and unless there be an
unencumbered appropriation balance sufficient to pay for the same.

(h) He shall perform such other duties as may be imposed upon
him by the board of county supervisors.

(i) The director may have such deputies or assistants in the per-
formance of his duties as may be allowed by the board of county su-
pervisors.

(j) Before the appointment of the chief assessing officer of the
county, whether he be the director of finance, a deputy or supervisor
of assessments in the department of finance, or the head of the depart-
ment of assessments, shall become effective, it shall be approved by the
State tax commissioner, and such officer shall be subject to the obliga-
tions and penalties imposed by general law upon commissioners of the
revenue.

Section 2773-n 38. The county engineer, who shall be head of the
department of public works shall be a person who by training and ex-
perience is qualified for the construction of highways. He shall have
charge of the construction and maintenance of county roads and
bridges, county drains, and all other public works; the construction
and care of public buildings, storerooms and warehouses, and the cus-
tody of such equipment and supplies as the board of county super-
visors may authorize; he shall exercise all the powers conferred and
perform all the duties imposed by general law upon the county road
engineer, and in addition shall perform such other duties as may be
imposed upon him by the board of county supervisors ; provided, how-
ever, that this section shall not apply to any county wherein the main-
tenance and construction and/or reconstruction of county roads and
bridges shall have been assumed by the State, and in such event there
shall be in such county no department of public works ; the board of
county supervisors shall in each such county assign to some other de-
partment, officer or employee the duties set forth in this section and
not taken over by the State.

Section 2773-n 39. The superintendent of public welfare, whe
shall be head of the department of public welfare shall be chosen from
a list of eligibles furnished by the State commissioner of public wel-
fare. He shall have charge of poor relief, charitable and correctional
institutions, parks and playgrounds, and shall exercise all the powers
conferred and perform all the duties imposed by general law upon the
county board of public welfare, not inconsistent herewith. He shall
also perform such other duties as may be imposed upon him by the
board of county supervisors.

The board of county supervisors may select two qualified evinats
of the county, who shall serve without pay, and who, together with the
head of the department, shall constitute the county board of publie
welfare. The said board shall advise and co-operate with the depart-
ment of public welfare and shall have power to adopt necessary-rules
and regulations not in conflict with law concerning the said depart-
ment. The said board may at any time be abolished by the board of
county supervisors. ,

Section 2773-n 40. The department of law enforcement shall con-
sist of an attorney for the Commonwealth and a sheriff, and their
assistants, deputies and employees.

The attorney for the Commonwealth shall exercise all the powers
conferred and perform all the duties imposed upon such officer by
general law, and shall be accountable to the board of county super-
visors in all matters affecting the county and shall perform such
duties, not inconsistent with his office, as the board of county super-
visors shall direct. He shall be selected as provided in section twenty-
seven hundred and seventy-three-n forty-six. ,

The sheriff shall exercise all the powers conferred and perform all
the duties imposed upon sheriffs and constables by general law. He
shall have supervision and control of the police force of the county
which may be appointed pursuant to section twenty-seven hundred and
seventy-three-n thirty-two, and the custody, feeding and care of all
prisoners confined in the county jail. The policemen herein provided
for shall have such powers as special policemen provided for by gen-
eral law. He shall perform such other duties as may be imposed upon
him by the board of county supervisors.

Section 2773-n 41. 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 pro-
vided, 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. The county school board
shall be composed of not less than three nor more than seven trustees,
who shall be chosen by the board of county supervisors to serve at the
pleasure of the appointing board. The exact number of trustees shall
be determined by the board of county supervisors ; provided, however,
that in addition to such number, any town in the county, which is op-
erated as a separate school district under a town school board, shall be
entitled to one member on the county school board to be selected by
the town school board from its own membership.

The chairman of the county school board shall for the purpose of
appearing before the board of county supervisors under the provisions
of section twenty-seven hundred and seventy-three-n thirty-three be
considered head of this department, unless some other person in the
said department shall be designated by the school board for such
purpose.

Section 2773-n 42. The department of records shall be under the
supervision and control of the county clerk. He shall be clerk of the
circuit court of the county, and clerk of the board of supervisors, un-
less the board shall designate some other person for this latter pur-
pose. He shall exercise all the powers conferred and perform all the
duties imposed upon such officers by general law, and shall be subject
to the obligations and penalties imposed by general law. He shall also
perform such other duties as may be imposed upon him by the board
of supervisors.

Section 2773-n 43. The department of health shall consist of the
county health officer, who shall be chosen from a list of eligibles fur-
nished by the State board of health, and who shall be head thereof,
and the other officers and employees of such department. The head of
the said department shall exercise all the powers conferred and shall
perform all the duties imposed upon the local health officer and the
local board of health by general law, not inconsistent herewith. He
shall also perform such other duties as may be imposed upon him by
the board of county supervisors. |

The board of county supervisors may select two qualified citizens
of the county, who shall serve without pay, and who together with the
said county health officer shall constitute the county board of health.
The said board shall advise and co-operate with the department of
health and shall have power to adopt necessary rules and regulations,
not in conflict with law, concerning the said department. The said
board may at any time be abolished by the board of county supervisors.

Section 2773-n 44. The department of assessments if and when
established, shall be headed by a commissioner of the revenue or su-
pervisor of assessments, who shall exercise all the powers conferred
and perform all the duties imposed by sub-sections (c) and (d) of
section twenty-seven hundred and seventy-three-n thirty-seven upon
the director of finance.

Section 2773-n 45. The department of farm and home demonstra-
tion shall consist of the county agricultural agent, who shall be head of
the department, a home demonstration agent, and such assistants and
employees as may be appointed or employed. The county agricultural
agent and the home demonstration agent shall be selected from a list
or lists of eligibles submitted by the Virginia Agricultural and Me-
chanical College and Polytechnic Institute. They shall perform such
duties as may be imposed upon them by the board of county super-
visors.

Section 2773-n 46. The county clerk, the attorney for the Common-
wealth and the sheriff shall be selected in the manner and for the terms,
and vacancies in such offices filled as provided by general laws.

The directors or heads of all other departments of the county shall
be appointed by the county manager. The county manager may, with
the consent of the board of county supervisors, act as the director or
head of one or more departments of the county, provided he is other-
wise eligible to head such department or departments or in the case
of those officers whose appointments must be approved, his appoint-
ment is likewise approved.

In case of the absence or disability of any officer, other than the
attorney for the Commonwealth, the county clerk and the sheriff,
which offices shall be filled as prescribed by general law, the county
manager or other appointing power may designate some responsible
person to perform the duties of the office.

Section 2773-n 47. The board of county supervisors shall require
an annual audit of the books of every county officer who handles pub-
lic funds, to be made by an accountant who is not a regular officer or
employee of the county and who is thoroughly qualified by training
and experience. If the State provides an auditing service, whether at
the expense of the State or the county, such audit may be considered
as having satisfied the requirements of this paragraph.

Hither the board of county supervisors or the manager may at any
time order an examination or audit of the accounts of any officer or
department of the county government. Upon the death, resignation,
removal, or expiration of the term of any officer of the county, the
director of finance shall cause an audit and investigation of the ac-
counts of such officer to be made and shall report the results thereof
to the manager and the board of county supervisors. In case of the
death, resignation or removal of the director of finance, the board of
county supervisors shall cause an audit to be made of his accounts. If
as a result of any such audit, an officer be found indebted to the county,
the board of county supervisors shall proceed forthwith to collect
such indebtedness.

Section 2773-n 48. The board of county supervisors shall estab-
lish a schedule of compensation for officers and employees which shall
provide uniform compensation for like service. The compensation pre-
scribed shall be subject to such limitations as may hereafter be made
by general law.

Section 2773-n 49. Each year at least two weeks before the board
of county supervisors must prepare its purposed annual budget, the
county manager shall prepare and submit to the board of county su-
pervisors 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. |

Section 2773-n 50. No member of the board of county supervisors
or other officer or employee of the county, or person receiving a salary
or compensation from funds appropriated by the county, shall be in-
terested directly or indirectly in any contract to which the county is a
party, either as principal, surety, or otherwise; nor shall any such
officer or employee or his partner, agent, servant or employee or the
firm of which he is a member purchase from or sell to the county, any
real or personal property, nor shall he be financially interested, direct-
ly or indirectly, in any work or service to be performed for the county
or in its behalf. Any contract made in violation of any of these pro-
visions shall be void.

The amount embraced by any such contract, the value of any thing
so purchased or sold, and the amount of any claim for any such work
or service shall never be paid, or, if paid, may be recovered back, with
interest, by the county, in the circuit court of the county, by action or
motion, within two years from the time of payment.

Section 2773-n 51. All officers and employees of the county shall
be paid regular compensation, and the fee system as a method of com-
pensation in the said county shall be abolished, except as to those offi-
cers not affected by the adoption of this form of county organization
and government. All such officers and employees shall, however, con-
tinue to collect all fees and charges provided for by general law, shall
keep a record thereof, and shall promptly transmit all such fees and
charges collected to the director of finance, who shall promptly receipt
therefor. Such officers shall also keep such other records as are re-
quired by sections thirty-five hundred and sixteen, thirty-five hundred
and sixteen-a and thirty-five hundred and sixteen-b of the Code of Vir-
ginia. All fees, and commissions, which but for this section would be
paid to the said officers by the State for services rendered, shall be
paid to the treasury of the county.

The excess, if any, of the fees collected by each of the officers men-
tioned in subsection one of section thirty-five hundred and sixteen, or
collected by any one exercising the powers of and performing the
duties of any such officer, over (a) the allowance to which such officer
would be entitled by general law but for the provisions of this section,
and (b) expenses in such amount as shall be allowed by the State fee
commission, shall be paid, one-third into the State treasury, and the
other two-thirds shall belong to the county.
~~ Any officer or employee of the county who shall fail or refuse to
collect any fee which is collectible and should be collected under the
provisions of this section, or who shall fail or refuse to pay any fee so
collected to the county as herein provided, shall upon conviction be
deemed guilty of a misdemeanor.

Section 2773-n 52. When this form of county organization and
government shall be adopted, the following officers shall, when the
said form of organization and government becomes operative, be
abolished, the powers and duties of such officers transferred as herein
provided, and the terms of office of such officers expire as provided in
section twenty-seven hundred and seventy-three-n two:

(a) County surveyor; his powers shall be exercised and his duties
performed by the director of public works, or such person as the board
of county supervisors may otherwise designate.

(b) County coroner; his powers shall be exercised and his duties
performed by the attorney for the Commonwealth, who shall not be
required to hold inquests, except when he considers that in the interest
of the public such should be done. He may, subject to authorization
by the board of county supervisors, employ expert medical assistance
whenever it becomes necessary. He shall not, however, act as sheriff.

(c) Superintendent of the poor and overseers of the poor; their
powers shall be exercised and their duties performed by the superin-
tendent of public welfare.

(d) Constables; their powers shall be exercised and their duties
performed by the sheriff and his deputies.

(e) The school trustee electoral board.

_ (4) The inheritance tax commissioner.

Section 2773-n 53. The county manager shall give bond to the

amount of not less than five thousand dollars. The director of finance
shall give bond to the amount of not less than one-fifth of the amount
of money to be received by him annually. In case the county manager
serves also as director of finance, he shall give bond to the full amounts
indicated above. The board of county 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 faithful
discharge of their duties and the proper accounting for all funds com-
ing into their possession.

GENERAL PROVISIONS

Section 2773-n 54. Sections twenty-seven hundred and seventy-
three-n fifty-five and twenty-seven hundred and seventy-three-n fifty-
six shall be applicable to each of the two forms of county organiza-
tion and government hereinbefore provided for.

Section 2773-n 55. (a) The following officers shall not, except
as herein otherwise provided, be affected by the adoption of either the
county executive form or the county manager form: (one) jury. com-
missioners, (two) examiners of records, (three) notaries lic, (four)
county electoral boards, (five) registrars, (six) oe nd sks ot
elegfians, and (seven) justices of the peme, provided, however, that in
any county which adopfs eitMer the county executive form or the
county manager form there shall be appointed or elected in the manner
provided by law not to exceed one justice of the peace in each magis-
terial district; in any magisterial district, in which at the time either
of the said forms of organization and government is adopted there is
more than one justice of the peace or no justice of the peace the judge
of the circuit court of the county shall appoint one justice, who shall
hold office until his successor shall be elected or appointed and quali-
fied; the terms of the other justices of the peace in such magisterial
district shall expire when such appointee takes office.

(b) Provisions of law in conflict with any form of county or-
ganization and government adopted by any county pursuant to sec-
tions twenty-seven hundred and seventy-three-n one to twenty-seven
hundred and seventy-three-n fifty-six, both inclusive, shall not apply
to the said county.

Section 2773-n 56. (a) Any county which adopts either form of
organization and government provided for by sections twenty-seven
hundred and seventy-three-n one to twenty-seven hundred and seventy-
three-n fifty-three, both inclusive, may change to the other form of or-
ganization and government therein provided for, or change back to
the form of county organization and government provided for by
article VII of the Constitution and the general law of the State. The
procedure shall be the same, in so far as applicable, as that herein pro-
vided in sections twenty-seven hundred and seventy-three-n one and
twenty-seven hundred and seventy-three-n two, except question two in
the ballot to be used shall be printed to read as follows:

Question two. In the event of such change, which form of organ-
ization and government shall be adopted?
County MaANaGER Form (or County EXECUTIVE
ForM, AS THE Case May -BE)

THE ForM oF COUNTY ORGANIZATION AND
GOVERNMENT PROVIDED FOR BY ARTICLE VII oF
THE CONSTITUTION OF VIRGINIA

(Strike out one.) ,

If the petition or resolution shall ask for a referendum on the
single question as to whether the county shall adopt the county man-
_ ager form, or the county executive form, as the case may be, the ballot
shall read:

Shall the county adopt the county manager form (or the county
executive form, as the case may be?)

For
AGAINST
(Strike out one.)

If the petition or the resolution, shall ask for a referendum on the
single question as to whether the county shall give up the county ex-
ecutive form, or the county manager form, as the case may be, and
adopt the form of county organization and government provided for
in article VII of the Constitution of Virginia, the ballot shall read:

Shall the county adopt the form of county organization and gov-
ernment provided for in article VII of the Constitution of Virginia?

For
AGAINST
(Strike out one.)

(b) If in accordance with the foregoing sub-section the form of
the county organization and government be changed from the county
executive form to the county manager form, all officers and employees
of the county shall be thereafter selected as provided in the said
county manager form; the persons holding office under the county
executive form shall continue to hold office until their successors have
been selected and qualified ; the members of the board of county super-
visors, the county clerk, and the attorney for the Commonwealth shall
continue to hold office under the county manager form until the ex-
piration of their terms and until their successors have been elected and
qualified.

This change shall become effective as soon as the judge shall enter
of record the results of the election provided for in subsection (a).

(c) If in accordance with sub-section (a) of this section the form
of county organization and government be changed from the county
manager form to the county executive form, all officers and employees
of the county shall be thereafter selected as provided in the said county
executive form ; those persons holding office under the county manager
form shall continue to hold office until their successors have been se-
lected and qualified; the members of the board of supervisors, the
county clerk, and the attorney for the Commonwealth shall continue to
hold office under the county executive form until the expiration of
their terms and until their successors have been elected and qualified.
This change shall become effective as soon as the judge shall enter
of record the results of the election provided for in sub-section (a).
(d) If in accordance with the provisions of sub-section (a) the
form of the county organization and government be changed from
either county executive form or the county manager form to that form
of county organization and government provided for by article VII of
the Constitution and the provisions of general law enacted pursuant
thereto, all officers of the county and the districts whose election is
provided for by Article VII of the Constitution and the general law
shall be elected at the next succeeding regular November election, held
at least sixty days after such change shall have been voted upon ; all ap-
pointive officers shall be appointed by the appointing power provided
for by general law ; the terms of the officers so elected or appointed shall
begin on the first day of January next succeeding, at which time the
change of county organization and government shall become effective,
and such officers shall hold office until their successors have been
elected at the next regular election provided for such officers, or have
been appointed, as provided by general law and have qualified. ,