CHAPTER 163

An Act to amend and reenact § 89 of Chap 348 of the Acts of Assembly
of 1928, approved March 21, 1928, being the charter of the city of
Lynchburg, the section relating to the establishment of a police and a
fire department or department of public safety by providing for the
appointment of special police.

[fH 330]

Approved February 29, 1952

Be it enacted by the General Assembly of Virginia:
1. That § 39 of Chap 343 of the Acts of Assembly of 1928, approved
March 21, 1928, as amended, be amended and reenacted as follows:

§ 39. There shall be a police department and a fire department,
which may be incorporated into one department known as the “department
of public safety,” with the director therefor to be appointed by the city
manager.

First. (a) The city manager shall, through the director of the de-
partment of public safety, if such department be established, appoint a
chief of police whose duties and bond shall be such as the council may or-
dain. The city manager shall further, on nomination of the chief of
police, through the director of the department of public safety, if such
office be established, appoint such number of policemen as may be author-
ized by the council.

(b) The chief of police and policemen appointed as hereinbefore
provided, shall constitute the police force of the city and shall hold their
respective positions during good behavior or until they are removed by
the city manager.

(c) The police force shall be under the control of the city manager
for the purpose of enforcing peace and executing the laws of the State
and ordinances of the city. It shall perform such other duties as the
council may prescribe. For the purpose of enabling it to execute its duties,
every member thereof is hereby made a conservator of the peace and en-
dowed with the powers of a constable in criminal cases, and with such
other powers under the laws of the State as may be necessary to the dis-
charge of the duties of his office.

(d) * The director of the department of public safety, if such depart-
ment be established, or the chief of police, if there be no such department,
may, with the approval of the city manager, in time of public emergency
or at such times as there are an insufficient number of regular policemen
to preserve the peace, safety and good order of the community, appoint
and equip a sufficient number of special policemen to preserve the peace,
safety and good order of the community. The director of the department
of public safety, if such department be established, or the chief of police,
tf there be no such department, shall also appoint such employees of the
city as may be designated by the city manager to be special policemen who,
while in the performance of their official duties, shall have the powers and
duties of policemen. The director of the department of public safety, if
such department be established, or the chief of police, if there be no such
department, may, with the approval of the city manager, upon the appli-
cation of any individual, firm or corperation showing the necessity there-
of, appoint one or more special policemen to be paid by the applicant who
shall have the powers and duties of policemen while in or on the premises
of such applicant or in the actual performance of the duties for which
employed. The appointment of any special policeman shall be revocable
at any time by the director of the department of public safety, if such de-
partment be established, or by the chief of police, if there be no such
department.

(e) The pay of the said police and the said special police employed by
the city shall be prescribed by the council, but the uniforms, rules and regu-
lations of said police force and of all special police shall be prescribed by
the city manager or by the director of public safety with the approval of
the city manager.

Second. (a) The city manager shall, through the director of the
department of public safety, if such department be established, appoint
a chief engineer of the fire department, whose pay, duties and bond shall
be such as the council may ordain. The city manager shall further, upon
the nomination of the chief engineer, appoint such number of firemen as
may be authorized by the council. Vacancies in the force of firemen shall
be filled in like manner. The chief engineer and firemen shall retain their
position during good behavior or until they are removed by the city
manager.

(b) The pay for the said members of the fire department shall be
prescribed by the council, but the uniforms, rules and regulations of the
said members of the fire department shall be prescribed by the * city
manager, or by the director of public safety with the approval of the city
manager.

*