CHAPTER 198

An Act to amend and reenact §§ 15-852 and 15-353 of the Code of Vir-
ginia, relating to appointment, powers and duties of certain county
officials, and budgets in certain counties; and to amend the Code by
adding sections numbered 15-352.2 and 15-355.1, relating to county
managers and to certain referenda in counties adopting a certain
form of county organization and government.

[(S 174]

Approved March 6, 1952

Be it enacted by the General Assembly of Virginia:
1. That §§ 15-352 and 15-353 of the Code of Virginia be amended and
reenacted, and that the Code be amended by adding sections numbered
15-352.2 and 15-355.1, as follows:
§ 15-352. The administrative and executive powers of the county, in-
cluding the power of appointment of all officers and employees whose ap-
pointment or election is not otherwise provided by law, are vested in an
official known as the county manager, who shall be appointed by the coun-
ty board at its first meeting or as soon thereafter as practicable. He shall
receive such compensation as shall be fixed by the board. The officers
whose election by popular vote is provided for in section one hundred and
ten of the Constitution and the trial justice or county judge, the school
board and the superintendent of schools shall not be subject to appoint-
ment but shall be selected in the manner prescribed by law. The heads
of all departments other than those hereinbefore referred to and excepted
from the provisions of this section shall be selected by the county board ;
provided that if a majority of the qualified voters voting in the election
required by § 15-355.1 vote in favor thereof, then the heads of the several
county departments, other than those hereinbefore referred to and ex-
cepted from the provisions of this section, shall be appointed by the county
manager.

§ 15-352.2. The term of office of such county manager shall exyire on
June thirtieth of each year after nineteen hundred fifty-two, but, except
as hereinafter provided, he shall be notified at least sixty days before the
exptration of his term if his services are not desired for the ensuing twelve
months period. He shall receive such annual salary as the board may
prescribe, payable in monthly installments from county funds. He shall
devote his full time to the performance of the duties tmposed on him by
ae, and the performance of such other duttes as may be directed by the
oar

To perform his duties during his temporary absence or disability the
manager may designate by letter filed with the clerk of the board a quali-
fed administrative officer of the county to be acting manager. In the
pvent of failure of the manager to make such designation, the county
hoard may, by resolution, appoint an officer of the county to perform the
luties of the manager until he shall return or his disability cease.

The board may at any time remove the county manager for neglect
of duty, malfeasance or misfeasance in office, or incompetency ; provided,
hat if a majority of the qualified voters voting in the election required
yy § 15-355.1 vote wm favor thereof, the county manager shall, after
December thirty-first, nineteen hundred fifty-two, be appointed for an
nde finite period and be subject to removal by the county board at any
ime, any other provision of law to the contrary notwithstanding. In
ase the board determines to remove the county manager so appointed,
ve shall be given, if he so requests, a written statement of the reasons al-
eged for the proposed removal and the right of a hearing thereon at a
yublic meeting of the board prior to the date on which his final removal
hall take effect, but pending and during such hearing the county board
nay suspend him from office, provided that the period of suspension shall
e limited to thirty days. The action of the board in suspending or re-
noving the county manager shall not be subject to review.

§ 15-353. In addition to such other duties as are or may be prescribed
yy law or directed by the board, the county manager in counties having
. population of five hundred or more per square mile shall each year on
r before March fifteenth prepare and submit to the board * a tentative
udget, prepared in accordance with the provisions of law in effect gov-
rning the preparation of the county budget and showing in detail the
ecommendations of the county manager for expenditures on each road
nd bridge or for other purposes. Prior to * May fifteenth, but not there-
fter, the board may alter, amend or change any item reported by the
ounty manager, and shall set the rate for local levies of taxation on or
before May fifteenth of each year. In the event of the failure of the
board to act thereon, the tentative budget as prepared and submitted by
the county manager shall be deemed the county budget and be in full force
and effect, subject to the provisions of law as to the county budget. After
the county budget has become effective, no changes shall be made in the
allocations of funds as therein made, unless such change is recommended
by the county manager and approved by the board, provided, that in no
event shall any change of more than ten per centum be made in any al-
ocation.

The county manager shall be the executive and administrative of-
ficer of the county in all matters relating to the public roads and bridges
of the county, and the other public work and business of the county, ex-
cept public schools, and shall have general supervision and charge of all
construction and maintenance of the public roads, bridges and landings
of the county, and all public works and business of the county, except
public schools, and the purchase of all supplies, equipment and materials
for the roads, bridges and landings and other public works and business
of the county, and the employment of all superintendents, foremen and
labor therefor.

The county manager shall keep the board advised as to the financial
condition of the county, and at each regular meeting of the board he shall
present to the board an itemized statement of all expenditures made by
him since his last report, and on or before July fifteenth of each year shall
file with the clerk of the board an itemized statement showing the amount
expended on each road, bridge or for other purposes for the year preced-
ing, ending June thirtieth.

§ 15-355.1. In the year nineteen hundred fifty-two there may be in
any county which has adopted the form of organization and government
provided for in this article a referendum on the following questions:

(1) “Shall the county manager be appointed for an indefinite term,
subject to removal at any time by the county board?”

(2) “Shall the heads of the county departments be appointed by the
county manager?”

The provisions of § 15-360.1 shall apply, and the election shall be
conducted, the ballots marked, the returns canvassed, and the results cer-
tified as provided in § 24-141 of the Code of Virginia.