Chap. 162.—An ACT to amend and re-enact sections 15, 84, and the first sub-
division of section 93 of the charter of the city of Richmond, in regard to terms
of members of the city council, and in regard to the police department and fire
and fire-alarm departments.

Approved March 11, 1902.

1. Be it enacted by the general assembly of Virginia, That sections
fifteen, eighty-four, and sub-division one of section ninety-three of the
charter of the city of Richmond be amended and re-enacted so as to
read as follows:

$15. When any vacancy shall occur in either branch by death, resig-
nation, removal from the ward, failure to qualify, or from any other
cause, the branch in which said vacancy occurs shall elect a qualified
person to supply the vacancy for the unexpired term. But in event of any
resolution or ordinance of the council, or act of the general assembly of
Virginia, heretofore or hereafter passed changing the boundaries of any
ward, or establishing any new ward out of the territory of another ward,
by reason of which any member of either branch who may have been
elected from one ward, and who may, as a result of such change, become a
resident of some other ward before the term for which he shall have been
elected shall have expired, then in that event such member shall con-
tinue in office to the end of the full term for which he was elected, as if
he were a duly elected member from the new ward of which he may have
become a resident by reason of such change. Upon the formation of a
new ward, either by resolution of the council or by act of the general
aseembly of Virginia, the members elected to represent such new ward in
the board of aldermen shall be divided into two classes, to be numbered
by lot upon the assembling of the board of aldermen at its first meeting
after the first day of July next succeeding the election of such members.
One of said members shall be of the first class, and two of said members
shall be of the second class; and the terms of the service of the said mem-
bers of the first and second classes, respectively, shall be for such time and
expire as provided for in section fourteen.

§ 184. The police department of the city of Richmond shall be under
the general control and management of a board of police commissioners
thereof, who shall consist of the mayor and one commissioner from each
ward of the city, each commissioner to be a resident of his respective
ward, a majority of whom shall constitute a quorum. The mayor shall
be ex-officio president of the board, and shall preside at its mectings, and
shall have a vote in case of a tie. In his absence the other members may
elect a president pro tempore. Each of said commissioners shall hold
office for a term of six years from the date of his election: provided, that
the term of one commissioner shall expire each year, according to the
present plan, so that the terms of no two of said commissioners shall
expire in the same year, except that in case the number of commissioners
shall exceed six, then in that event the terms of as many as two commis-
sioners may expire in the same year. But it is expressly provided that the
sequence of the expiration of the terms of said commissioners from the
wards established prior to the twenty-seventh day of February, ninetecn
hundred and two, shall not be changed ; and the terms of commissioners
elected from wards established, or which may be established, subsequent
to the twenty-sixth day of February, nineteen hundred and two, shall ex-
pire one after another in successive years, in accordance with the intention
of the present plan. As the terms of the commissioners shall expire, the
vacancies in the board thus created, or created by this act, or by any act
of the general assembly heretofore or hereafter passed, shall be filled by

election in the month of July of each year by the two branches of the cit:
council in joint session. But no person shall be elected who does not
receive @ majority in each branch of the council of all the members
elected to such branch. The said board shall adopt rules and regulations
for the government thereof; it may establish, promulgate, and enforce
proper rules, regulations, and orders for the government of the police
force; and in any investigation pertaining to their duties shall have
power to send for persons and papers, by their president to administer
oath: provided, that said rules and regulations shall not in any way con-
flict with an ordinance of the city council. The members of said board
may be removed at any time by a vote of two-thirds of the city council
elected for good cause upon proper charges and specifications made and
proved. If any member shall resign, cease to be a voter, or be a candidate
for any office, federal, State, or municipal, there shall be at once a
vacancy in said board, which may be filled as aforesaid; and when any
member of the police commissioners is named as an applicant or candi-
date, or as proper to be supported as a candidate for any office,
or proper person to receive such office, the president shall, or
any member of the board may, notify him that his name is men-
tioned in connection with such office ; and if said member does not, within
ten days after the receipt of such notice, file with the president of the
board his statement in writing that he is neither candidate nor applicant
for such office, that he will not serve, nor accept if elected or appointed,
the said board will declare his place vacant, which will be filled in the
manner hereinbefore prescribed. When vacancies are filled for any cause
other than expiration of term, they shall be filled only by the council for
the unexpired term.

§ 93. Sub-division 1—The fire and fire-alarm departments of the city
of Richmond shall be under the direction and control of a board com-
posed of citizens, in number corresponding to the number of wards in the
city, voters in said city, of whom onc shall be elected from each wari, and
to be a resident thereof, such board to be called the board of fire commis-
sioners of the city of Richmond. Each of said commissioners shall hold
office for a term of six years from the date of his election: provided, that
the term of one of said commissioners shall expire each year, according to
the intent of sub-division two of this section, so that the terms of no two
of said commissioners shall expire in the same year, except, however, in
case the number of commissioners shall execed six, then and in that event
the terms of as many as two commissioners may expire in the same vear.
But it is expressly provided that the sequence of the expiration of the
terms of said commissioners from the wards established prior to the
twenty-seventh day of February, nineteen hundred and two, shall not be
changed ; and the terms of commissioncrs elected from wards established,
or which may be established. subsequent to the twenty-sixth day of Feb-
ruary, nineteen hundred and two, shall expire one after another in suc-
cessive years, so that the intention of sub-division two of this section may
be carried out. As the terms of the commissioners shall expire the vacan-
cies in the board thus created, or created by this act, or by any act of the
general assembly heretofore or hercafter passed, shall be filled by elec-
tion in the month of July of each year by the two branches of the city
council in joint session. But no person shall be elected who does
not receive a majority in each branch of the council of all the members
elected to such branch. But in event of any resolution or ordinance of
the council, or act of the general assembly of Virginia, heretofore or
hereafter passed, changing the boundaries of any ward, or establishing
any new ward out of the territory of another ward, by reason of which
any one of said commissioners who may have been elected from one ward,
and who may, as a result of such change, become a resident of some other
ward before the term for which he was elected shall have expired, then in
that event such commissioner shall continue in office to the end of the full
term for which he shall have been elected, as if he were a duly elected
member from the new ward of which he may become a resident by reason
of such change. All vacancies except those occurring from expiration of
term shall be filled by the council for the unexpired term.
2. This act shall be in force from its passage.