Chap. 283.—An ACT to amend and re-enact section 63 of chapter 34 of the
Acts of the General Assembly of 1918, entitled an act to provide a charter
and special form of govermment for the city of Norfolk and to repeal the
existing charter of said city, approved March 14, 1906, and the several acts
amendatory thereof, approved respectively March 12, 1908, March 14, 1908,
March 7, 1912, March 13, 1912, March 13, 1914, March 17, 1914, March 24,
1914, March 25, 1914, March 25, 1914, February 5, 1915, March 4, 1916, March
11, 1916, March 16, 1916, March 17, 1916, March 20, 1916, March 20, 1916, and
March 20, 1916, and all other acts and parts of acts inconsistent with this act
so far as they relate to the said city of Norfolk, approved February 7, 1918, so
as to prescribe the conditions under which officers and employees of the
division of fire and the division of police may be discharged. [H B 547]

Approved March 25, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tion sixty-three of chapter thirty-four of the Acts of the General
Assembly of nineteen hundred and eighteen, entitled an act to pro-
vide a charter and special form of government for the city of
Norfolk and to repeal the existing charter of said city, approved
March fourteenth, nineteen hundred and six; and the several acts
amendatory thereof, approved respectively March twelfth, nineteen
hundred and eight, March fourteenth, nineteen hundred and eight,
March seventh, nineteen hundred and twelve, March thirteenth, nine-
teen hundred and twelve,|March thirteenth, nineteen hundred and
fourteen, March seventeenth, nineteen hundred and fourteen, March
twenty-fourth, nineteen hundred and fourteen, March twenty-fifth,
nineteen hundred and fourteen, March twenty-fifth, nineteen hundred
and fourteen, February fifth, nineteen hundred and fifteen, March
fourth, nineteen hundred and sixteen, March eleventh, nineteen hun-
dred and sixteen, March ‘sixteenth, nineteen hundred and sixteen,
March seventeenth, nineteen hundred and sixteen, March twentieth,

nineteen hundred and sixteen, March twentieth, nineteen hundred and
sixteen, and March twentieth, nineteen hundred and sixteen, and all
other acts and parts of acts inconsistent with this act so far as they
relate to the said city of Norfolk, approved February seventh, nine-
teen hundred and eighteen, be amended and re-enacted so as to read
as follows:

Section 63. The chief of police and fire chief shall, except as
hereinafter provided, have the right and power to suspend any of
the officers and employees in their respective divisions who may be
under their management and control for incompetence, neglect of
duty, immorality, drunkenness, failure to obey orders given by proper
authority, or for any other just and reasonable cause. If any officer
or employee be suspended for more than ten days, the chief of the
division shall forthwith certify the fact, together with a statement of
the accusations and cause for suspension, to the trial board, appointed
as hereinafter provided, and a copy of such certificate of suspension
and statement of accusations shall be promptly served upon the accused.

Any officer or employee so suspended may, within ten days after
he shall have been so served with such certificate and statement of
accusations, file with the said trial board a written demand for a
hearing upon the accusations so made against him, whereupon the
trial board shall, after not less than five days notice to the accused
and to the chief by whom he was suspended, hold and conduct a
public hearing upon said accusation at the time and place set forth
in said notice, and render judgment thereon, which judgment, in the
event the accusations, or charges, be sustained, may be for reprimand,
fine, suspension, reduction in rank, or dismissal as to the said board may
seem proper, at which hearing the accused shall have the right to be
represented by counsel.

Whenever the judgment of the Trial Board is that the charges are
not sustained, then the Trial Board may order the re-instatement of
such officer or employee in the office, place, position or employment
from which removed, suspended, reduced in rank or discharged,
which re-instatement shall, if the Trial Board so provides in its dis-
cretion, be retro-active and entitle such officer or employee to com-
pensation from the time of such removal, suspension, reduction in
rank or dismissal.

From any such judgment of the trial board, the accused shall
have the right of appeal to the city manager at any time within, but
not after, ten days from the date of such judgment, and the matter
shall be heard de novo by the city manager at such time and place
as he may appoint, of which five days notice shall be given to the
accused and to the chief by whom he was originally suspended; and
the judgment of the city manager thereon shall be final.

The trial board above referred to shall be appointed by the city
council and shall consist of not less than three nor more than five
members, in the discretion of the council, who shall be qualified
voters residing in the city, none of whom shall be in any way con-
nected with any other city office. The first appointment of the
members of said board shall be for a term of six months, commenc-
ing July first, nineteen hundred and thirty-six, and all subsequent
appointments shall be for consecutive terms of six months; and the
members of said board shall have such compensation as may be
fixed by the council.