Chap. 94.—An ACT to amend and re-enact Sections 2, 3, 4, 5, 10, and 12 of an
act entitled ‘an act to provide a new charter for the city of Portsmouth,”
approved March 10, 1908, as heretofore amended, and to further amend the
said act by adding thereto a new chapter numbered chapter 12, providing for
the establishment of a classified civil service for the city of Portsmouth and
prescribing the classes of employees to which such civil service provisions
shall apply. [H B 157]

Approved March 3, 1936

1. Be it enacted by the General Assembly of Virginia, That sections
two, three, four, five, ten and twelve of an act entitled an act to provide
a new charter for the city of Portsmouth, approved March tenth, nine-
teen hundred and eight, as heretofore amended, be amended and re-
enacted, and that the said act be amended by adding thereto a new
chapter numbered chapter twelve, the said amended sections and new
chapter to read as follows:

Section 2. Wards.—The wards of the said city shall be as now es-
tablished consisting of eight in number, and shall bear the names and
boundaries as now established by ordinance known as an ordinance
titled “an ordinance to designate the number of wards of the city of
Portsmouth and to change the boundaries thereof.”

Section 3, Administration and government.—The administration
and government of the said city shall be vested in one principal officer,
styled the mayor; a council, including the mayor, consisting of nine
members ; and in such other boards and officers as hereinafter provided
for.
Section 4. Composition of council; terms of elective officers—The
term of all members of the council including the mayor in office on the
effective date of this amendment, as well as the term of any councilman
elected or appointed to fill the unexpired term of any such councilman,
shall expire on the thirty-first day of August, nineteen hundred and
thirty-six.

At the regular election to be held on the second Tuesday in June,
nineteen hundred and thirty-six, there shall be elected by the qualified
voters of each ward of the said city one councilman. Four of the said
councilmen so elected, to be determined by lot by the council in such
manner as it shall deem proper, shall hold office for a term of two
years beginning on the first day of September, next following the date
of their election and until their successors are duly elected and quali-
fied. The other four councilmen so elected, to be determined by lot by
the council in such manner as it shall deem proper, shall hold office
for a term of four years beginning on the first day of September, next
following the date of their election and until their successors are duly
elected and qualified. At the regular election to be held on the second
Tuesday in June, nineteen hundred and thirty-eight, and every two
years thereafter, a successor for each such councilman whose term ex-
pires during the year in which the said election is held shall be elected
by the voters of the ward from which the said councilman was elected;
each councilman so elected shall hold office for a term of four years
beginning on the first day of September, next following the date of his
election and until his successor is elected and qualified. The clerk of
the hustings court shall be elected on Tuesday after the first Monday
in November, nineteen hundred and thirty-seven, for a term of eight
years, and shall enter upon the discharge of his duties on the first day
of February, nineteen hundred and thirty-nine.

Section 5. The mayor.—In addition to the councilmen elected by
wards at the regular election to be held on the second Tuesday in June,
nineteen hundred and thirty-six, and every four years thereafter, there
shall be elected at large by all of the qualified voters of the said city
one councilman who shall be known as the mayor and shall act as
president of the council, with all the powers of a councilman, but with-
out the power of veto. The said mayor shall be elected for a term of
four years beginning on the first day of September next following the
date of his election and until his successor shall have been duly elected
and qualified.

Section 10. Vacancy in the office of mayor.—In event of the death,
resignation or removal of the mayor, or his inability to discharge his
duties from any other cause, his place shall be filled and his duties shall
be discharged by a member of the council designated by the said council
until another mayor is elected and qualified, or until such inability shall
cease,

Section 12. Qualifications of councilmen; vacancies.—Any person
qualified to vote in said city shall be eligible to the office of councilman,
provided, however, that any person in order to qualify to run as council-
man from one of said wards of the said city shall have resided in the
said ward for a period of not less than ninety days previous to the last
day for qualifying to run for election.

Any councilman elected from a ward who shall remove from such
ward shall thereby vacate his office. In the event of a vacancy in the
office of a councilman elected from a ward such vacancy shall be filled
from the said ward by the remaining members of the council.

CHAPTER XII

Section 1. Civil service commission applicable to police and fire de-
partments, creation and term of office—There shall be in the city a
civil service commission, which shall be composed of three persons.

The members of such commission shall be appointed by the city
council of the city of Portsmouth. The members of such commission
shall serve without compensation. No person shall be appointed a mem-
ber of such commission who is not a citizen of the United States, and a
resident of such city of Portsmouth. The term of office of such com-
missioners shall be for four years, except that the first three members
of such commission shall be appointed for different terms, as follows:
One to serve for a period of two years; one to serve for a period of
three years, and one to serve for a period of four years. Any member
of such commission may be removed from office for incompetency, in-
compatibility or dereliction of duty or malfeasance in office, or other
good cause; provided, however, that no member of the commission
shall be removed until charges have been preferred in writing, due no-
tice and a full hearing had. The members of such commission shall de-
vote due time and attention to the performance of the duties herein-
after specified and imposed upon them. Two members of such commis-
sion shall constitute a quorum and the votes of any two members of
such commission concurring shall be sufficient for the decision of all
matters and the transaction of all business to be decided or transacted
by the commission under or by virtue of the provisions of this and the
next succeeding twenty sections.

Section 2. Appointments, promotions, discharges, et cetera, in full
paid police and fire departments; how made.—The classified civil ser-
vice provisions of this act shall include all employees of the police and
fire departments of said city coming within its purview, not including
the chiefs of said departments, and shall not include any other employee
of the city. All appointments to and promotions in said departments
shall be made solely on merit, efficiency and fitness, which shall be as-
certained by open competitive examination and impartial investigation.

No person shall be reinstated or transferred, suspended or dicharged
from any such place, position or employment contrary to the provisions
of this chapter.

Section 3. Functions and duties of the civil service commission.—
Immediately after appointment the commission shall organize by elect-
ing one of its members chairman and hold regular meetings upon call
of chairman and at least once a quarter and such additional meetings
as may be required for the proper discharge of their duties,
It shall be the duty of the civil service commission: (a) To make
suitable rules and regulations not inconsistent with the provisions of this
act. Such rules and regulations shall provide in detail the manner in
which examinations may be held, and appointments, promotions, trans-
fers, reinstatements, demotions, suspensions and discharges shall be
made, and may also provide for any other matters connected with the
general subject or personal administration, and which may be con-
sidered desirable to further carry out the general purposes of the civil
service provisions of this act, or which may be found to be in the
interest of good personal administration. Such rules and regulations
may be changed from time to time. The rules and regulations and
any amendments thereof shall be printed, mimeographed or multi-
graphed for free public distribution. Such rules and regulations may
be changed from time to time.

(b) All tests shall be practical, and shall consist only of subjects
which will fairly determine the capacity of persons examined to per-
form duties of the position to which appointment is to be made, and
may include tests of physical fitness and of manual skill.

(c) The commission shall make investigations concerning and re-
port upon all matters touching the enforcement and effect of the civil
service provisions of this act, and the rules and regulations prescribed
hereunder ; inspect all institutions, departments, offices, places, positions
and employments affected hereby, and ascertain whether the civil ser-
vice provisions of this act and all such rules and regulations are being
obeyed.

Such investigations may be made by the commission or by the com-
missioner designated by the commission for that purpose. Not only
must these investigations be made by the commission, as aforesaid, but
the commission must make like investigation on petition of a citizen,
duly verified, stating that irregularities or abuse exist, or setting forth
in concise language, in writing the necessity for such investigation.

(d) In the course of such investigation the commission or desig-
nated commissioner, or secretary, shall have the power to administer
oaths, subpoena and require the attendance of witnesses and the pro-
duction by them of books, papers, documents and accounts appertain-
ing to the investigation and also to cause the depositions of witnesses
residing within or without the city to be taken in the manner pre-
scribed by law for like depositions in civil actions in the court of
original and unlimited jurisdiction in civil suits of the State; and the
oaths administered hereunder and the subpoenas issued hereunder shall
have the same force and effect as the oaths administered by a circuit
judge in his judicial capacity; and the failure upon the part of any
person so subpoenaed to comply with the provisions of this section
shall be deemed a violation of the civil service provisions of this act,
and punishable as such.

(e) All hearings and investigations before the commission, shall
be governed by this act and by the rules and practice and procedure
to be adopted by the commission, and in the conduct thereof the com-
mission shall not be bound by the technical rules of evidence. No
informality in any proceedings or hearing, or in the manner of taking
testimony before the commission, shall invalidate any order, decision,
rule or regulations made, approved or confirmed by the commission.

(f) Hear and determine appeals or complaints respecting the ad-
ministrative work of the personnel department; appeals upon the
allocation of positions; the rejection of any examination, and such
other matters as may be referred to the commission.

(¢) Establish or maintain in card or other suitable form a roster
of officers and employees.

(h) Provide for, formulate and hold competitive tests to determine
the relative qualifications of persons who seek employment in any
class or position and as a result thereof establish eligible lists for the
various classes of positions, and to provide that men laid off because
of curtailment of expenditures, reduction in force, and for like causes,
head the list in the order of their seniority, to the end that they shall
be the first to be re-employed.

(i) When a vacant position is to be filled, to certify to the ap-
pointing authority, on written request, the name of the person high-
est or the three persons highest on the eligible list for the class; and
if there is no such list, to establish a provisional or temporary ap-
pointment list of such class. No temporary or provisional appoint-
ment shall continue for a period longer than four months; nor shall
any person receive more than one provisional appointment or serve
more than four months as a provisional appointee in any fiscal year.

(j) Keep such records as may be necessary for the proper admin-
istration of the civil service provisions of this act.

(k) The civil service commission shall make such reports as the
council may by ordinance or resolution require; provided, however,
it shall be the duty of the commission to report at least annually to
the council showing its own action, the rules in force, the practical
effects thereof, and any suggestions it may have for the improvement
of the classified service.

Section 4. Adoption and induction of incumbents into civil serv-
ice.—For the benefit of the public service and to prevent delay, injury,
or interruption therein by reason of the enactment of this act, all per-
sons holding a position in the police or fire departments, including the
chiefs thereof, when this act takes effect, who shall have served in
such position for a period of at least six months last past contin-
uously are hereby declared eligible for permanent appointment under
civil service to the offices, places, positions or employments which
they shall then hold, respectively, without examination or other act
on their part, and not on probation; and every such person is hereby
automatically adopted and inducted permanently into civil service, into
such office, place, positions or employments which such person then
holds as completely and effectually to all intents and purposes as if
such person had been permanently appointed thereto under civil
service after examination and investigation.

Section 5. Applicants—(a) An applicant for a position of any
kind under civil service, must be a citizen of the United States of
America and an elector of the city of Portsmouth, who can read and
write the English language, and must have been a resident of said
city for at least two (2) years.

(b) An applicant for a position of any kind under civil service
must be of an age suitable for the position applied for, in ordinary
good health, of good moral character and of temperate and indus-
trious habits; these facts to be ascertained in such manner as the
commission may deem advisable,

Section 6. Tenure of office of civil service employees, and causes
and manner of discharge.—The tenure of every one holding an office,
place, position or employments under the civil service provisions of
this act, shall be only during good behavior, and any such person may
be removed or discharged, suspended without pay, demoted, or re-
duced in rank, or deprived of vacation privileges or other special
privileges for any of the following reasons:

(a) Incompetency, inefficiency or inattention to or dereliction of
duty ;

(d) Dishonesty, intemperance, immoral conduct, insubordination,
discourteous treatment of the public or a fellow employee or any
other act of omission or commission tending to injure the public serv-
ice; or any other wilful failure on the part of the employee to properly
conduct himself; or any wilful violations of the provisions of this act
or the rules and regulations to be adopted hereunder ;

(c) Mental or physical unfitness for the position which the em-
ployee holds;

(d) Dishonest, disgraceful, immoral or prejudicial conduct ;

(e) Drunkenness or use of intoxicating liquors, narcotics or any
other habit-forming drug, liquid or preparation to such extent that
the use thereof interferes with the efficiency or mental or physical
fitness of the employee, or which precludes the employee from prop-
erly performing the functions and duties of any position under civil
service;

(£) Conviction of a felony or a misdemeanor, involving moral
turpitude ;

(gz) Any other act or failure to act, which in the judgment of the
civil service commissioners is sufficient to show the offender to be
an unsuitable and unfit person to be employed in the public service.

Section 7. Removal.—No person in the classified civil service who
shall have been permanently appointed or inducted into civil service
under provisions of this act, shall be removed, suspended, demoted or
discharged except for cause, and only upon the written accusation of
the appointing power, or any citizen or taxpayer, a written statement
of which accusation, in general terms, shall be served upon the ac-
cused, and a duplicate filed with the commission. Any person so re-
moved, suspended, demoted or discharged may within ten days from
the time of his removal, suspension, demotion or discharge, file with
the commission a written demand for an investigation, whereupon the
commission shall conduct such investigation. The investigation shall
be confined to the determination of the question of whether such re-
moval, suspension, demotion or discharge was or was not made for
political or religious reasons and was or was not made in good faith
for cause. After such investigation the commission may affirm the
removal, or if it shall find that the removal, suspension or demotion
was made for political or religious reasons, or was not made in good
faith for cause, shall order the immediate reinstatement or re-employ-
ment of such person in the office, place, position or employment from
which such person was removed, suspended, demoted or discharged,
which reinstatement shall if the commission so provides in its discre-
tion, be retroactive, and entitle such person to pay or compensation |
from the time of such removal, suspension, demotion or discharge.
The commission upon such investigation, in lieu of affirming the re-
moval, suspension, demotion or discharge may modify the order
of removal, suspension, demotion or discharge by directing a suspen-
sion, without pay, for a given period, and subsequent restoration to
duty, or demotion in classification, grade or pay; the findings of the
commission shall be certified in writing to the appointing power, and
shall be forthwith enforced by such officer.

All investigations made by the commission pursuant to the pro-
visions of this section shall be by public hearing, after reasonable
notice to the accused of the time and place of such hearing, at which
hearing the accused shall be afforded an opportunity of appearing in
person and by counsel, and presenting his defense.

Section 8. Duties of all officers and employees to assist the com-
mission.—It shall be the duty of all officers and employees of police
and fire departments of said city to aid in all proper ways of carrying
out the civil service provisions of this act, and such rules and regula-
tions as may, from time to time, be prescribed by the commission
thereunder and to afford the commission, its members and employees,
all reasonable facilities and assistance to inspect all books, papers,
documents and accounts applying or in any appertaining to any and
all officers, places, positions and employments, subject to civil serv-
ice, and also to procure said books, papers, documents and accounts
and attend and testify, whenever required so to do by the commission
or any commissioner.

Section 9. Appointments to vacate positions; certifications from
lists ——Whenever a position in the classified service becomes vacant,
the appointing power, if it desires to fill the vacancy, shall make
requisition upon the commission for the name and address of a per-
son eligible for appointment thereto. The commission shall certify
the name of the person highest or the three names highest on the
eligible list for the class to which the vacant position has been allo-
cated, who is, or are, willing to accept employment. If there is no
appropriate list for the class, the commission shall certify the name of
the person or persons standing highest on said list held appropriate
for such class. I{ more than one vacancy is to be filled, an additional
name shall be certified for each additional vacancy. The appointing
power shall forthwith appoint such person to such vacant position.

Whenever requisition is to be made, or whenever a position is held
by a temporary appointee and an eligible list for the class of such po-
sition exists, the commission shall forthwith certify the name of the
persons eligible for appointment to the appointing power, and said
appointing power shall forthwith appoint a person so certified to said
position. No person so certified shall be laid off, suspended or given
leave of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, speci-
fied in writing and after an opportunity to be heard by the commis-
sion and then only with its consent and approval.

To enable the appointing power to exercise a choice in the filling
of positions, no appointment, employment or promotion in any posi-
tion in the classified service shall be deemed complete until after the
expiration of a period of three to six months probationary service, as
may be provided in the rules of the civil service commission during
which the appointing power may terminate the employment of the
person certified to him, or it, if during the performance test thus
afforded, upon observations or consideration of the performance of
duty, the appointing power deems him unfit or unsatisfactory for
service in the department. Whereupon the appointing power shall
designate the person or persons certified as standing next highest in
any such list and such person or persons shall likewise enter upon
said duties until some person is found who is deemed fit for appoint-
ment, employment or promotion for the probationary period provided
therefor, whereupon the appointment, employment or promotion shall
be deemed to be complete.

Section 10. Creation of employments and fixing of compensa-
tion.—All offices, places, positions and employments coming within
the purview of the civil service provisions of this act, shall be created
by the person or group of persons who, acting singly or in conjunc-
tion, as a mayor, city manager, chief, common council, commission or
otherwise, is or are vested by law at and prior to the taking effect of
this act, with power and authority to select, appoint or employ any
person coming within the purview of this act, and nothing herein con-
tained shall infringe upon the power and authority of any such per-
son or group of persons, or appointing power, to fix the salaries and
compensation of all employees employed hereunder.

Section 11. Leave of absence.—Leave of absence, without pay,
may be granted by any appointing power to any person under civil
service ; provided that such appointing power shall give notice of such
leave to the commission. All temporary employment caused by leave
of absence shall be made from the eligible list of classified civil service.

Section 12. Civil suits —It shall be the duty of the commission to
begin and conduct all civil suits which may be necessary for the
proper enforcement of the civil service provisions of this act and of
the rules of the commission. The commission shall be represented in
such suits by the city attorney of the city of Portsmouth.

Section 13. False marking, grading, et cetera, prohibited—No
commissioner or any other person, shall, by himself or in cooperation
with one or more persons, defeat, deceive, or obstruct any person in
respect of his right of examination or registration according to the
tules and regulations of the civil service provisions of this act, or
falsely mark, grade, estimate or report upon the examination or
proper standing of any person examined, registered or certified pur-
suant to the civil service provisions of this act, or aid in so doing, or
make any false representation concerning the same, or concerning the
person examined, or furnish any person any special or secret informa-
tion for the purpose of improving or injuring the prospects or chances
of any person so examined, registered or certified, or to be examined,
registered or certified, or persuade any other person to personate him
in connection with any examination or registration or application or
request to be examined or registered.

Section 14. Political services disregarded and prohibited—No
person holding any office, place, position or employment subject to
civil service is under any obligation to contribute to any political fund
or to render any political service to any person or party whatsoever,
and no person shall be removed, reduced in grade or salary, or other-
wise prejudiced for refusing to do so.

No public officer, whether elected or appointed shall discharge,
promote, demote or in any manner change the official rank, employ-
ment or compensation of any person under civil service, or promise
or threaten so to do, for giving or withholding or neglecting to make
any contribution of money or services, or any other valuable thing,
for any political purpose.

Section 15. The city council shall, immediately upon the taking
effect of this act, enact appropriate legislation for carrying the same
into effect, and the failure upon the part of the city council so to do
shall be considered a violation of the civil service provisions of this
act and be punishable as such.

Section 16. The city council shall provide the commission with
suitable and convenient rooms and cause the same to be furnished,
heated and lighted and supplied with all office supplies and equipment
necessary to carry on the business of the commission and with such
clerical assistance as may be necessary, all of which is to be com-
mensurate with the number of persons coming within the purview of
the civil service provisions of this act, and the failure upon the part of
the city council to do so, shall be considered a violation of the civil
service provisions of this act and shall be punishable as such.

Section 17. In ninety days after September first, nineteen hun-
dred and thirty-six, it shall be the duty of the city council to appoint
the civil service commission as provided for in section one hereof.

Section 18. It shall be the duty of the commission to immediately
organize and see to it that the provisions thereof are carried into ef-
fect, and to this end to make suitable rules and regulations, not in-
consistent with the purpose of the civil service provisions of this act,
for the purpose of carrying the provisions thereof into effect ; and the
failure upon the part of said commission, or any individual member
thereof to do so, shall be deemed a violation of the same, and shall be
punishable as such.

Section 19. Continuing appropriation—There is hereby appropri-
ated out of the general funds of the city of Portsmouth an appropria-
tion to carry out the purposes of this act, which said appropriation
shall be one-half of one per centum of the total payroll of those in-
cluded under the jurisdiction and scope of the civil service provisions
of this act, provided, however, that if the city council shall make an
appropriation for the support of said commission equal to or more
than the said continuing appropriation in any year, this section shall
not be operative for said year but otherwise shall be in full force and
effect.

Section 20. Penalties—Any person who shall wilfully violate any
of the civil service provisions of this chapter shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be punished by
a fine of not less than one hundred dollars or more than one thousand
dollars or by imprisonment in the city jail for not longer than one
year, or by both such fine and imprisonment. The court of original
and unlimited jurisdiction in civil suits shall have jurisdiction of all
such offenses defined by this act.

Section 21. Definition of terms.—As used in this chapter, the
following mentioned terms shall have the following described mean-
ings:

The term “commission” means the Civil Service Commission
herein created, and the term “commissioner” means any one of the
three commissioners of that commission.

The term “appointing power” shall mean the city manager.

The term “appointment” includes all means of selection, appointing
or employing any person to hold any office, place, position or employ-
ment subject to civil service.

Section 22. Efficiency bureau.—The heads of the administrative
departments, the chiefs of the police and fire departments, the pres-
ident of the civil service commission, together with the city manager
as chairman, shall constitute an efficiency bureau, whose duty it shall
be to fix standards of efficiency, to investigate and co-ordinate the
methods of operation of the various departments, and to recommend
measures for increasing individual, group and departmental efficiency,
and to provide for uniformity of compensation and for simplicity of
operation. The head of each administrative department shall ascer-
tain and report the comparative efficiency of employees in the classi-
fied service in his department, and shall recommend for dismissal to
the city manager those who fall below the standard of efficiency estab-
lished. The secretary of the civil service commission shall also act
as secretary of the effictency bureau. It shall be his duty to attend
the meetings of the bureau, and keep such a record of its proceedings
as may be required by the bureau.

2. An emergency existing, this act shall be in force from its pas-
sage.