CHAPTER 24

An Act to amend and reenact § 38-b of Chapter 548 of the Acts of
Assembly of 1952, approved April 3, 1952, which provided a charter
for the town of Smithfield, relating to the office of town manager 1]

Approved February 12, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 38-b of Chapter 548 of the Acts of Assembly of 1952, approved
April 8, 1952, be amended and reenacted as follows: .

§ 38-b. A town manager appointed pursuant to this act shall be
the administrative and executive head of the municipal government. He
shall be chosen by the council without regard to political beliefs and
solely upon the basis of his executive and administrative qualifications.
At the time of his appointment he need not be a resident of the town or
the Commonwealth but during his tenure of office shall reside within the
town, or in the immediate vicinity thereof. He shall be appointed for an
indefinite period and shall hold office during the pleasure of the council.
He shall receive such compensation as shall be provided by the council
by ordinance or resolution which may be changed from time to time. He
may be bonded as the council may deem necessary. During the absence
or disability of the town manager or in case of a vacancy, the council
may designate some properly qualified person to perform the duties of
the office during such absence, disability, or vacancy. No councilman shall
receive such appointment during the term for which he shall have been
elected, nor within one year after the expiration of his term. Neither the
council nor any of the members shall direct or request the appointment,
as hereinafter provided, of any person to office by the town manager
or by any of his subordinates. Except for the purpose of inquiry, the
council and its members shall deal with the administrative service solely
through the town manager and neither the council nor any member thereof
shall give orders to any subordinates of the town manager, either publicly
or privately. The town manager shall have the authority and it shall be

is duty:

(1) To see that all laws, ordinances, resolutions, and by-laws of the
council are faithfully enforced. .

(2) To appoint such officers and employees, as the council shall
determine and authorize, as are necessary for the proper administration
of the affairs of the town with the power to discipline and remove any
such officer or employee, but he shall report each appointment of any
officer having supervisory or administrative authority to the council for
confirmation at the next meeting thereof following any such appointment.
The chief of police so appointed by the town manager and confirmed by
the council shall have the power to discipline his subordinates and with
the approval of the town manager to discharge any subordinate for just
cause. Any officer or employee so removed shall have the right to appeal
to the council within thirty days after his removal and after notice to
the town manager. The action of the council on such appeal shall be final.
(8) To attend all meetings of the council, with the right to take part
in the discussion, but having no vote.

(4) To recommend to the council for adoption such measures as he
may deem necessary or expedient.

(5) To make reports to the council from time to time upon the
affairs of the town and to keep the council fully advised of the town’s
financial condition and its future financial needs.

(6) To make all contracts on behalf of the town pursuant to a
resolution or an ordinance of the council and to act as town purchasing
agent.

(7) To perform such other duties as may be prescribed or requested
by council.

2. Anemergency exists and this act is in force from its passage.