CHAP. 100.—Aun ACT to omend and re-enact sections 84, 85, 86, 88,
89, 90, 91, and 92, and repeal section 93 of the eharter of the city of
Richmond.

Appioved April 2, 1879

1. Be if enacted by the general assembly of Virginia, That .

sections eighty-four, eighty-five, eighty-six, eighty-eight, eighty- |

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nine, ninety, ninety-one and ninety-two of the charter of the

city of Richmond are hereby amended and re-enacted so as to
read as follows:

$84. The police department of the city of Richmond shall |
be under the general coatrol and management of police com- -
missioners thereof, who shall consis’ of the mayor and six cltl-

zens. The mayor shall be ex-officio president of the board, and
shall preside af its meetings, and shall have a vote in case of
atic. In his absence the other members may select a president
to act protempore. The other members shall be clected in the
month of July by the two branches of the city council im the
following manner, to-wit: at least ten days before the joint
mecting of the council forsuch clection. An orderfor such elec-
tion shall be entered on the journals of the two branches of the
council, and a copy of the same forwarded to the board of pub-
lic interests of said city. The said board of public interests
shall select, by a viva voce vote, which shall be recorded in
their minutes, and a copy of the same forwarded with their
nominations to the joint mecting, eighteen persons, three from
each ward, who are voters in said city, and who shall be free-
holders, and who shall not hold any office, state, municipal or
federal, the names of which cighteen persons shal] be certified
to the city council by the president, of the board of public inte-
rests as the persons from whom the police commissioners are to
be selected, together with the recorded vote of said board of pub-
lic interests as aboverequired. From the eighteen names thus sent
into the council by the board of public interests, the council, meet-
ing in joint session, shall proceed to elect six, one from each
ward, but no person shall be elected who shail not receive a
majority in each branch of the council of the whole number of
members elected to each branch, and in case there is no elec-
tion, or those elected decline to act under the first nomination
thas made, or whenever there is a vacancy the board of public
interests shal] in the like manner proceed to nominate to the
council three times as many persons from the ward in which
the vacancy occurred as there are vacancies, and said vacan-
cies shall be filed as above prescnbed. The mayor and the
said six persons shall constitute the board or police commis-
sioners, any four of whom shall constitute a quorum. IJImme-
diately on their organization they shall divide themselves by
lot inte six classes, the: first, to serve one year; the second,
two years; the third, three years; the fourth, four years; the
fifth, five years; the sixth, six years; and they shall notify
the council of the result, and as the terms expire the vacancies
in the board thus made shall be filled by selecting members for
Six years, whereby all will serve six years, and one will be
elected in July of each year in the manner hereinhefore pro-
vided ; the said board may adopt rules and regulations for the
sovernment thereof. It may establish, promulgate and enforce
proper rules, regulations and orders for the good government
of the police foree, and in any investigation pertaining to their
duties shall have power to send for persons and papers, and by
their president to administer an oath: provided that said rules
and rerulations shali not in any way conflict witon any ordi-
nanees of the city council. ‘be members of said board may
pe removed at any time, by a vote of two-thirds of the city
council elected, for good cause, upon proper charges and spect-
fications made and proved. If any members shall resign, cease
to be a voter, or freeholder, be removed, or be a candidate for
any oifice, federal, state or municipal, there shall be at once
a vacancy in said beard, which shall be filled as aforesaid, and
when any member of tue police commissioners is named as an
applicant or candidate, or as proper to be supported as a can-
didate for any office, or as a proper person to receive such office,
the president shall, or any member of the board may at once
notify him in writing that his name is mentioned in connection
with such office, and if said m2mber do not, within two days
after the receipt of sach notice, file with the president of the
board his-statement in writing that he is neither a candidate
nor applicant for such office, and that he wiil not serve nor ac-
cept it if appointed or elected, then said board shall declare
his place vacant and notify the city council of the vacancy,
which shall be filled in the manner hereinbefore prescribed.
When vacancies are filled for any cause they shall be filled only
for the unexpired term.

§ 85. The said commissioners, after taking the oath of office
as such commissioners, shall meet at the office of the mayor, or
other suitable place, at such time as may be expedient, and as
they shall from time to time designate, and on special occasions
as the mayor may, in writing, appoint. They shall perform
the duties of said office without any compensation, reward or
salary therefor from said city, except that nothing herein shall
in any way conflict with the payment of the salary elsewhere
provided to be paid to the said mayor for his services in his
office, and except that the members of the board shall be
exempt from all duty on juries.

6 86. Immediately after their organization, the board of police
commissioners shall divide the present police force, as it now
exists, into three classes, by lot. The terms of the first class
in this classification, shall expire on the first day of July, eigh.
teen hundred and seventy-eight ; the second class on the first
day of July, eighteen hundred and seventy-nine; and of the
third class the first day of July, eighteen hundred and eighty ;
and as the term of each policeman expires he shall be off the
force unless re-elected. All new appointments shall be for
three years. The police force shall consist of a chief of police,
and as many officers and privates as the city council may, by
ordinance, prescribe. The chief of police shall have the right
.o discharge any private, and shall report his reasons therefor
© the board, and the board shall have the power to revise and
‘everse his decision; he shall be appointed for the term of threc
rears by the board of police commissioners. No new apnpoint-
nent of chief shall be made until the expiration of the term of the
yresent chief of police, unless he be removed by the board for
vause. ‘The pay of the police shall be fixed by the city council by
wrdinanee. The police shall be appointed by the police commis-
joners aS vacancies occur, and as hereinbefore provided. The
thief of police shall be responsible for the discipline and eifi-
dency of the police force. Ali orders shall pass through him,
‘xcept so far as theernules, regulations and orders of the
yoard of police commissioners authorize orders to be given
lirect to any subordinate im the police force. Any member of
he foree, including the chief, may be removed, suspended o7
ined (in addition to tae power of dismissal vested in the chicf)
yy the board of police commissioners, upon proper canse shown,
ind in cases where fine is imposed, may order the same to be
leducted from his pay. The board of public interests shall
emain as now constituted by ordinance of the city: provided,
Lowever, that the present police commissioners shall continue
n office until their successors shall be duly elected and qualified
mder the provisions of this act.

§ 87. In thoes of exigency, said commissioners, or a majority
if them, or any on? of them, if the others should be absent
rom the city or unable to act, may appoint temporarily, with-
rat authority froin the cify council, a suitable number of’ addi-
ional policemen, for such time as shall appear necessary; not,
towever, to extend beyond the tims of the next meeting of the
ity council.

§ $8. The mayor at any time, upon charges being preferred,
vr upon finding said chief or any other member of the said
iolice force guilty of misconduct, shall have power to suspend
uch member from service until the board of commissioners
hall convene and take action In the matter: provided, how-
ver, that such member shall not remain so suspended for a
pnger period than thirty days without an opportunity of being
ieard in his defence; and upon hearing the proofs in the case,
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a majority of said commissioners may discharge, suspend or
fine, or restore such chief or member, in accordance with the
decision of the majortty of such board thereon; and the pay
or salary of such member shall cease from the time of suspen
sion to the time of restoration to- service, unless otherwise
ordered by said board of commissioners in ibeir written decision,

-which shall be fled with the city clerk; and any violation of

the rules, regulations, or orders of the board, or orders of any
superior shall be good cause for cisnussal, suspension or fine.

S@), The salary or pay of saig chicf and policemen shall be
determined by the ety counsel, and the vay-roll and all bills of
exponcy on gvcound OF tad police depariuatat shad be andited
and approved by the chairman of tne coinmithcee on police be-
fore payraent.

§ 90. ‘Phe said cule’ of police, and every policeivan duly ap-

pointed a3 aroresaid, shail have issued io him a warrant of

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appointmoat Gioaed by i4e president of tne board, and coun-
tersioned hy vhe city clerk, stating the date of his appoinment,
which shail be his ecomimssioa; and he shall take such oath as
the elty council may ordain, and subscribe the same in a book
to be kept for that parpose by the said city clerk.

$91. The said chieforpolice and policemen shall generally have
power to do whatever may be ne essary to preserve the good order
and peace of said city, and to secure iis inhabitants from per-
sonal violence, and their property froin loss and injury. Such
nuinbers of the said po.ice foree as the police commissioners
may designate shall, in criminal cases, have the saine powers
and duties, and be subject to the same pennities that are pre-
seribed by law as tocoustabies. All fees and allowances arising
from the exercise of cach powers shall bo eoliected Ly the chief
of police, and held suviect to tue order of the boar! of police
commissioners.

6 02. Phe saii board of commissioners may pre-eribe such
uniform and bCadves for the police force as they may deem
proper, and chaagze the same, alter six montho’ notics, and direct
in waaé manner they shall be armed. And if any person other
than a policeman shall publicly wear sach uniform and bedrzes
as may ba prescribed as aforesaid, ne muy be subjected to such
fine, not exceeding the sum of one hundred dollars, as the city
council may ordain.

2. Section ninety-three of the said charter of the city of
Richmond is hereby repealed.

8. This act shall be in force from and after its passage.