Chap. 24.—An ACT to amend and re-enact sections 19, 19-d, 26, 28, 29,
30, concerning the procedure necessary to recover and the liability on
bonds given by municipal officers for the faithful discharge of their
duties and creating an administrative board and defining their duties,
and to amend and re-enact sections 31, 37, 47, 62, 68 and 64 of an act
approved March 24, 1870, entitled an act providing a charter for the
city of Richmond, as heretofore amended.

Approved February 9, 1912.

1. Be it enacted by the general assembly of Virginia, That
sections nineteen, nineteen-d, twenty-six, twenty-eight, twenty-
nine, thirty, thirty-one, thirty-seven, forty-seven, sixty-two,
sixty-three and sixty-four of an act approved March twenty-
fourth, eighteen hundred and seventy, entitled an act providing
a charter for the city of Richmond be amended and re-enacted
so as to read as follows:

§19. The council of the city of Richmond shall have power
to enact suitable ordinances to secure and promote the general
welfare of the inhabitants of the city, by them deemed proper
for the safety, health, peace, good order and morals of the com-
munity, and to make and adopt ordinances and resolutions con-
cerning the control and management of the fiscal and muni-
cipal affairs of the city, and of all property, real and personal,
belonging thereto, deemed proper to secure the selection of
honest and competent officers and to promote efficiency and in-
tegrity in the discharge of official duties, and may, in their dis-
cretion, create and maintain a special fund to be known as the
“City Employees Fund,” the profits of which shall, under rules
and regulations to be established by them, be appropriated to
aid in the maintenance of persons incapacitated for work by
reason of age or infirmity, who, at the time of such incapacity,
had been continuously in the employment of the city for at least
twenty years. They shall, in addition, likewise have power to
make such ordinances, resolutions and regulations as they may
deem desirable and suitable to carry out the following specified
powers which are hereby vested in them.

§19d. To erect within said city a prison and public jail, the
same to be of such size, compartments and equipment as may
be necessary for the safe-keeping and maintenance of all prison-
ers ordered or sentenced to be confined therein, whether so or-
dered or sentenced under the laws of the Commonwealth, or
under the ordinances of the city of Richmond, and to erect and
maintain in connection with such prison, if the council shall
so determine, or on some other site, within or without the
city of Richmond, a suitable workhouse or workhouses and a
house or houses of correction or reformation for such prisoners,
and when authorized by the hustings court of the city of Rich-
mond, or the hustings court of the city of Richmond, Part IT, to
compel and require all able-bodied adult prisoners confined as
aforesaid to perform manual labor in such workhouse or houses,
and all youthful prisoners so confined, as far as practical, em-
ployed in such house or houses of correction and reformation,
under rules and regulations to be prescribed by the council of the
city of Richmond, and approved by the said courts.

§26. The city council shall fix the pay of all officers, but
when such pay has been fixed the same shall not be increased
by the city council until the propriety of such increase has been
referred to the administrative board, considered by them and
reported upon to the council: provided, however, that the coun-
cil may delegate to the administrative board the power to fix
the pay of all officers (whom they are now or may be hereafter
authorized to appoint), and provided further that the pay of
all emplovees of the city shall be fixed by the administrative
board, and may, from time to time, be increased or diminished
by said board.

§28. There shall be elected by the people one city treasurer,
one commissioner of the revenue, and five members of a board
to be known as the administrative board, the terms of all of
whom shall be four years from the first day of January suc-
ceeding their election, and there shall be appointed by the council
in joint session one city clerk, one clerk of council committees,
one sergeant at arms of the city council, one city attorney, one
auditor, one police justice, one clerk to the police justice, one
substitute police justice, five members of the board of health,
nine members of the city school board, one clerk to the city
treasurer, one clerk to the city auditor and one collector of de-
linquent taxes, and the council may, or may not, in their dis-
eretion, elect one city collector, and each branch of the council
shall be authorized to appoint such officers and clerks as may
be deemed proper for the regulation of its proceedings and for
the convenient transaction of their business, the terms of which
officers and clerks so to be appointed shall be two years from
the first day of July succeeding their appointment, except the
term of police justice, whose term shall be four years.

§29. The council may create such officers and clerkships as
they may deem proper, in addition to those herein provided for,
and define their powers and prescribe their duties, and require
bonds with sureties in proper penalties, payable to the city by
its corporate name, with condition for the faithful performance
of said duties, but no office or clerkship shall be created except
on the recommendation of the administrative board, or until
the propriety of such appointment has been referred to said
board, considered by them and reported upon to the council,
unless such report has not been made within thirty days after
they have been notified of a reference to them by the council.
Any: municipal officer appointed by the council may be removed
from office at their pleasure. In case of vacancies occurring in
any municipal office filled by the council, they shall elect a quali-
fied person to fill such office during the unexpired term.

§30. The parties to bonds taken in pursuance of any sec-
tion of this charter, their heirs, devisees, executors and admin-
istrators, shall be subject to the same proceedings on the said
bonds for enforcing the conditions and terms thereof, by mo-
tion or otherwise, before the circuit court of the city of Rich-
mond, or any other courts held in the city which may succeed
to the civil common-law jurisdiction of said court, that collectors
of the county levy and their securities are or shall be subject
to on their bonds, for enforcing payment of the county levies.

30-a. That at the general election to be held on Tuesday
after the first Monday in November, nineteen hundred and
twelve, an election shall be had by the qualified voters of the
city of Richmond of five persons qualified to hold office under
the Constitution and laws of this State, to constitute an adminis-
trative board for the city of Richmond, the term of office of whom
shall be four (4) years, except that those first elected to office
shall be elected to serve as follows: Two for a period of two
vears, two for a period of three years, and one for a period of
four years. The respective length of the terms of each of the
five members so elected shall be determined by lot by the com-
missioners of election, who shall, in pursuance of law, in the
presence of the candidates or some representative, should they
make known their desire to be present, canvass the vote of such
election, and thereafter at the general election on Tuesday after
the first Monday in November preceding the expiration of the
terms of said officers an election shall be held to fill the said
terms as aforesaid. Each member of said board shall qualify
in the mode prescribed by law before the city clerk, and shall
execute a bond with some trust company as surety, satisfactory
to the city attorney, in the penalty of five thousand dollars,
conditjoned for the faithful discharge of his duties as a mem-
bed of said board; they shall devote all of their time to the
discharge of their duties, and shall receive out of the city treas-
ury an annual salary of not less than four thousand dollars, to
be fixed by the city council, payable as the salaries of other city
officers are paid. But should any member of the administrative
board become a candidate for any office, Federal, State or muni-
cipal, it shall, ipso facto, vacate his office as a member of said
board, and whenever any member of said board is named as an
applicant or candidate, or as proper to be supported as a candi-
date for any office, or a proper person to receive such office, the
mavor or chairman of said board shall, or any members‘of said
board may, notify him that his name is mentioned in connection
with such office, and if said member does not, within ten days
after the receipt of such notice, file with the board his statement
in writing that he is neither a candidate nor an applicant for
such office, and likewise certifying that he will not accept nor
serve if elected or appointed to such office, the said board shall
declare his place vacant. All vacancies in membership upon
said board shall be filled in the manner prescribed by law for
the ae of other vacancies in municipal offices elective by the
people.

30-b. The terms of office of the said members of the said
administrative board shall commence on the first day of January,
nineteen hundred and thirteen, and the members elected at the
preceding election as hereinbefore provided shall meet and pro-
ceed to organize by electing one of their number as chairman
and: another as sub-chairman, and in like manner organize after
every election of new members to the board for a full term,
and appoint such clerk or clerks and other employees as may
be necessary in their judgment for the careful keeping of the
records and accounts concerning the performance of their duties,
and for the preservation of the books and papers in the office
or offices kept by them, and fix the compensation of such clerks
and employees. Three members of the said board shall con-
stitute a quorum for the transaction of business. Each mem-
ber shall be entitled to one vote, and all votes on all questions
considered by the board shall be recorded in their proceedings.

The said board shall keep an accurate and careful record of
all of their proceedings. In the absence of the chairman of the
board the sub-chairman shall serve in his place.

30-c. That all of the duties of an executive or administra-
tive character now exercised by any of the several committees
of the council of the city of Richmond under any law or ordi-
nance now in force are hereby expressly conferred upon and
required to be exclusively exercised by the said administra-
tive board; and the management and control of all streets and
allevs, including sidewalks and public ways whatsoever; all
public bridges, with their foundations, approaches and abut-
ments; all public squares and parks; all public buildings; all
sewers, drains and waterways; all water works, gas works,
electric works or plants now owned by the city or which may
hereafter be acquired or constructed, together with all mains,
pipes, wires, poles, conduits and other works, structures and
buildings of any nature whatsoever connected therewith; all
public cemeteries, markets, almshouses, creamatories and all
property, both real and personal, used in connection with the said
several works of public improvement or ownership, and gen-
erally the control, management and jurisdiction over any and
all departments of the city government, other than the police,
fire, and health departments, and over all other public utilities,
works and improvements belonging to or controlled by the city
not herein specially enumerated, and such as may hereafter be
acquired by the city, and also the gauging, inspection, measuring,
weighing and metering of all articles of commerce or traffic
are hereby expressly placed under the management and control
of the said administrative board, and concerning such manage-
ment and control the said board may make and promulgate
rules and regulations for the government of all officers and
employees in charge of the departments under their control, and
enforce a compliance with the same by the imposition of penalty.

30-d. Appropriations, as far as practicable, to the extent
of the fairly anticipated revenues for each ensuing year, shall
be made in lump sums in the annual budget ordinance, for the
maintenance of each department, but the council may, from time
to time, make additional appropriations, upon the recommenda-
tion of the administrative board, or, without such recommenda-
tion, after the proposed ordinance or resolution making the
appropriation shall have been referred to the board for their con-
sideration and report in the premises, and after the return of
such report, or they shall have failed to report thereon to the
next regular meeting of either branch of the council, but the
council may, in any case of emergency, make an appropriation
without such reference: provided, however, that nothing herein
shall be so construed as to curtail or impair the powers and
authority of the council of the city of Richmond, of a legisla-
tive character, under the Constitution, charter of the city of
Richmond, or other statutes of the State of Virginia.

30-e. The said administrative board shall annually, on or
before the fifteenth day of February, in the year nineteen hun-
dred and thirteen, and thereafter annually on the fifteenth dav
of February of each year, forward to the mayor a report of
the business transacted by them during the preceding calendar
year, together with such recommendations as they deem desira-
ble for the better management and improvement of the busi-
ness methods in any of the several departments of the city
government, and for the better performance of the duties im-
posed on them as an administrative board, and they shall from
time to time make such reports and recommendations to the
mayor of the city of Richmond as they may deem desirable,
which report so made, the mayor shall, together with his recom-
mendations concerning such report, send to the next regular
meeting of either branch of the council of the city of Richmond,
or, where he deems it necessary, to a called meeting of either
branch, which he is hereby expressly authorized to call. And
the said administrative board shall, from time to time, make
such reports, and furnish such data, to the council of the city
of Richmond, or to either branch thereof, as may be required of
them by said council or by either branch thereof.

30-f. The said board shall have the exclusive control of the
letting to contract, the doing of all work for the city, and the
furnishings of all supplies and materials for the use of any de-
partment of the city under their control, in accordance with the
ordinances and resolutions of the city, but all purchases for
any department shall always be made by the said board under
proper requisitions therefor, by the head of the department,
under rules and regulations established by the said board and
only after an ordinance or resolution making the appropriation
therefor, except in cases of emergency, where great loss or
damage to the city would ensue, and in such cases the head of
the department in which such emergency exists shall file with
the board a certificate, showing the nature of such emergency
and the necessity for the expenditure. All contracts for work
or material shall only be let after due advertisement and bid-
ding, where practicable, and the said board shall have the power
to reject any and all bids, and order new bidding, or, in their
discretion, let the contract without further bidding. And the
said board is hereby authorized and required to make and pro-
mulgate rules and regulations as to the advertisement, bid-
ding and letting to contract of work to be done or materials to
be furnished for the city.

30-g. The said board shall audit all bills against the city
for work done for the city and for all materials furnished under
any contract for the city which they are authorized to make,
and no bill for such work or supplies shall be paid by the auditor,
unless the same has been so audited and certified by the board
as correct.

30-h. The said board is hereby vested with authority to ap-
point all officers, other than those whose appointment is ex-
pressly provided for by the charter of the city of Richmond,
and also all other officers now authorized to be appointed, and
all employees and subordinates now employed by any commit-
tee of the council or authorized to be employed under any ordi-
nance or resolution now in force or hereafter passed, other than
those appointed by the board of police commissioners, board of
fire commissioners, city school board, board of health, city attor-
nev and the committee on finance. The terms of office of any
person appointed by said administrative board shall be two
years, and until his successor is duly chosen and qualified, unless
sooner removed by the said board, and any person employed
shall continue in such employment during the pleasure of said
board. And the power is hereby expressly conferred on the
administrative board to abolish any office which they are author-
ized to fill, or combine the duties appertaining to two or more
offices in one officer, and designate the officer to execute the com-
bined duties, and the person whose office is abolished, and who
has not been elected to perform the duties that are discontinued,
shall have no right to demand or receive any salary or compen-
sation thereafter.

30-1. The said board shall have power to prefer charges
against any city officer not appointed by them, and forward the
same to the mayor, who shall take such action thereon as pro-
vided for by law, and the said board may suspend any other
officer for a period sufficient for charges to be preferred against
him and heard by them, and in the meantime direct the first
assistant of the department to discharge the duties of the officer
so suspended, and after hearing of charges, which shall be
reduced to writing and served on the officers so suspended at
least ten days before the hearing, remove such officer and ap-
point some other.

30-j. The city attorney shall act as counsel and attorney for
the administrative board.

§31. The city auditor shall be elected by the council of the
city of Richmond. He shall hold his office for the term of two
years, and until his successor be elected and qualify, unless
sooner removed. He shall hold his office in such place as may
be designated and prescribed by the city council. He shall give
bond with sureties to the amount of not less than thirty thou-
sand dollars, which shall be determined by the city council before
he enters upon the duties of his office; said bond to be approved
by the city attorney and filed in the office of the city clerk. The
said auditor shall open and keep in a neat and methodical man-
ner a complete set of books, in accordance with such system as
the council may adopt on the recommendation of the mayor,
wherein shall be stated, among other things, the appropriations
of the year for each distinct object and branch of expenditures,
and also the receipts from each and every source of revenue, so
far as he can ascertain the same. Said books and all papers,
vouchers, contracts, bonds, receipts and other things kept in
said office shall be subject to the examination of the mayor, the
members of the city council, or any committees thereof.

§37. The auditor shall, annually, submit to the administra-
tive board during the month of January, a report of the esti-
mates necessary, as nearly as may be, to defray the expenses
of the city government during the succeeding fiscal year. He
shall in said report, class the different objects and branches of
said city expenditure, giving, as nearly as may be, the amount
required for each; and for this purpose he is authorized to
require of all city officers and heads of departments their state-
ments of the condition and expense of their respective depart-
ments and offices, with any proposed improvement and the prob-
able expense thereof, of contracts already made and unfinished,
and the amount of unexpended appropriations of the preceding
vear. He shall also in such report show the aggregate income
of the current fiscal year from all sources, the amount of liabili-
ties outstanding upon which interest is to be paid, and of bonds
and city debts payable during the year, when due and where
payable, so that the said board may fully understand the money
exigencies for the succeeding fiscal year, a copy of which report
and estimates shall be forwarded to each branch of the city
council, and by the council shall be referred to the committee on
finance of the council.

$47. There shall be elected by the qualified voters of the city
of Richmond one collector of the city taxes, who shall hold his
office for the period of two years, and until his successor shall
be elected and qualify, unless sooner removed from office. He
shall give bond, with sureties, to the amount of not less than
fifty thousand dollars, said bond to be approved by the city
attorney and filed in the office of the city clerk: provided, how-
ever, that the council of the city of Richmond may, if they deem
it proper so to do, abolish said office of collector of city taxes
and confer the powers and duties imposed upon said collector
upon the treasurer of the city of Richmond, under such restric-
tions, regulations and conditions by them deemed suitable as to
compensation of the treasurer for the powers and duties so im-
posed, and suitable to secure the faithful and efficient discharge
of such powers and duties.

§62. There shall be appointed by the administrative board
one engineer for the city, who shall hold his office for a period
of two years, and until his successor shall be appointed and
qualify, unless sooner removed from office. He shall give bond
with sureties to the amount of not less than ten thousand dollars,
said bond to be approved by the city attorney and filed in the
office of the city clerk.

$63. The said engineer shall have power to appoint, with
the approval of the administrative board, such number of assist-
ants and clerks as may be authorized by ordinance, with power
in the administrative board to reduce the number; but such
assistants or clerks may be removed at any time by said engineer
or by said board.

S64. The said engineer shall, subject to the control of the
administrative board, be the general superintendent of the
streets, culverts, public buildings and all public improvements.
He shall make such surveys, reports, drawings, plans, specifica-
tions and estimates needed in any department of the city gov-
ernment, and perform such other duties as the administrative
board may require of him, and do, in relation thereto, whatever
else they may direct concerning the same. All surveys or other
acts, Which may be made or done by said engineer, shall be as
valid and effectual as if the same were done by a surveyor of
a county, and any map or plan of the city, or a part thereof
now on file in his office, or hereafter made and filed therein,
made in pursuance of any ordinance of the city or statute of
the State, and especially the map approved by resolution of the
council of June twenty-fourth, eighteen hundred and seventy-
two (1872) or a copy of such map, shall be prima facie evidence
in the courts of the Commonwealth of the boundaries and lines of
the streets, alleys and other public places of the city shown
thereon. He shall keep his office in such place as the city coun-
cil may direct, and shall keep therein all maps, drawings and
papers pertaining to his office. He shall keep a record of all
his proceedings, and a set of books in which shall be entered,
under appropriate heads, the receipts and expenditures of his
department; and all books and papers of his office shall be open
at all times to the inspection of the mayor, the administrative
board, to the members of the city council, or to any committee
or committees thereof: provided, however, that the administra-
tive board may assign the powers and duties of said engineer as
general superintendent of public buildings, or any of them, and
the supervision and control of the same to some other officer,
under such regulations as they may prescribe.

2. There being an emergency by reason of the need of the
proposed amendments to the charter of the city of Richmond
creating certain offices for the city of Richmond and providing
for the election by the people of qualified persons to fill the
same, this act shall be in force from its passage.