CHAP. 309.—An ACT to amend and re-enact sections 5, 6, 11, 24, 54, 56,
60, and 61 and to repeal 62 of an act to incorporate the city of New-
port News, in the county of Warwick, and provide a charter therefor,
aproved January 16, 1896, as amended, and to provide for the adop-
tion by the qualified’ voters of the change in form of government and
for a special primary election for mayor and councilmen.

(H. B. 434.)
Approved March 20, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections five, six, eleven, twenty-four, fifty-four, fifty-six, sixty,
and sixty-one of an act to incorporate the city of Newport News,
in the county of Warwick, and provide a charter therefor, ap-
proved January sixteenth, eighteen hundred and ninety-six, be
amended and re-enacted to read as follows:

Section 5. The administration and government of said city
shall be vested in one principal officer, to be styled the mayor,
and in one body, to be called the council of the city of Newport
News, and in such other bodies and officers as are hereinafter
provided for.

Sec. 6. The municipal officers of the city shall consist of
a mayor and eleven councilmen, two of whom shall be elected
from each of the four wards of the city, and three from the
city at large, and such other officers as are now or may here-
after be provided for. The councilmen shall be paid not more
than three dollars each, for each meeting of the council or
committee they attend, not exceeding two of each in any one
month. The council shall elect one of its members president,
who shall preside over the deliberations of that body, shall act
as mayor in the absence or inability of the mayor, and while
so acting, shall receive the salary of said office.

The councilmen may be recalled after having been in office
for one year, by a majority vote of the people voting at an elec
tion therefor, which election shall be forthwith ordered by the
judge of the corporation court, upon a petition presented to him
in term time, or vacation, and signed by duly qualified voters of
the ward from which the councilman was elected, equal in num-
ber to thirty-three and one-third per centum of the votes cast
at the election at which he was elected; and in case of council-
men elected from the city at large, the election shall be forth-
with ordered by the judge of the corporation court upon peti
tion presented to him in term time, or vacation, and signed by
duly qualified voters of the city, equal in number to thirty-three
and one-third per centum of the votes cast at the election at
which said councilman was elected.

Sec. 11. The council shall at the first meeting in October
after its organization, proceed to elect a city auditor, a city at-
torney, and a city clerk, all of whom shall hold office for a term
of four years, and until their successors be elected and quali-
fied, beginning on January first succeeding their election. The
council may appoint, when not otherwise provided, such officers
as are provided by this charter, but no office, not especially
provided by this charter shall be created except by a vote of
two-thirds of the members of the council.

Sec. 24. The council shall have control of the fiscal and
legislative affairs of said city, and will make such ordinances
and by-laws relative to the same as it may deem proper, and it
shall likewise have power to make such ordinances, by-laws and
regulations as it may deem-necessary to carry out the following
powers which are hereby vested in it.

Sec. 54. The council shall have authority to make such
ordinances, by-laws, rules, regulations, and resolutions, not in-
consistent with the laws of this State, or the provisions of this
act as may be deemed expedient by it; provided, that no by-law,
rule, regulation, resolution, or appropriation be made by the
said council creating an indebtedness, or paying or directing the
payment of any sum of money, of greater value than three
hundred dollars, except upon vote of two-thirds of the members
of the said council; nor shall any such measure be passed over
the veto of the mayor, save upon a two-thirds vote of the mem-
bers of the said council. In addition to the special powers here-
in granted, the council shall have authority to make such or-
dinances, by-laws, rules, regulations, and resolutions not in-
consistent with the laws of the State or the provisions of this
act, as may be expedient, for maintaining the good government
and welfare of the city and its trade, commerce and manufac-
tures, and to enforce by ordinance and to inflict penalties for
violation thereof not exceeding one hundred dollars.

Sec. 56. Mayor.—It shall be the duty of the mayor to en-
force all laws and the ordinances of the city, and all orders
and resolutions of the council. The hereinafter specified depart-
ments shall be under the general control and management of
the mayor, who shall adopt, establish, promulgate and enforce
rules, regulations and orders for the government of the same,
and may alter and change the same from time to time.

He shall appoint a chief for the police department, a chief
for the fire department, a health officer as head of the health
department, a city engineer as head of the highways and sewer
department, and an overseer of the poor, as superintendent of
the department of the indigent and needy. The salaries of all
the above officers shall be fixed by the council.

The heads of the various departments above enumerated,
may appoint, subject to confirmation by the mayor, such num-
ber of assistants, officers, members of the departments and em-
ployees therein as may from time to time be authorized by the
council, and at the salaries or wages fixed by the council, all
of whom shall serve during good behavior and efficiency. Such
assistants, officers and members of the departments may be
suspended by the chief or head of that department until a hear-
ing may be had by the mayor. Such hearing shall be had within
a reasonable time, and upon charges preferred in writing, and
a public hearing given, at which an opportunity shall be given
the person charged to have witnesses summoned, and to be
heard in person and by counsel. Upon such hearing the mayor
may either reinstate, remove, suspend, reduce in rank, or fine.
In case of fine, it shall be deducted from the pay of the person
so tried. From his decision upon such hearing there shall be
no appeal. Employees may at any time be discharged by the
head of the department. ,

The mayor shall have the right and power, by his summons,
to compel witnesses to attend and give testimony under oath or
affirmation, and to produce books, papers and documentary evi-
dence. He may administer oaths to witnesses in any investiga-
tion or trial. To enforce obedience to his summons, the mayor
may impose fines not exceeding twenty-five dollars, and commit
to jail not exceeding ten days, either or both.

The mayor shall superintend all expenditures authorized by
the council, and see that the duties of the various officers are
faithfully performed. He shall have power to investigate their
acts, have access to all books and documents appertaining to
their offices, and may examine them and their subordinates on
oath. He shall also have power, at any time, to suspend or re-
move any officer appointed by him, without assigning any rea-
sons therefor. and in case of any such removal, death, resigna-
tion or inability to act of any officer or employee so appointed
by him, he may appoint a successor. In case of suspension of
any officer or employee, by the mayor, some person may
appointed by the authority appointing the person suspended, to
perform the duties of that office during the term of such sus-

nsion.
pe The mayor shall have charge of and be responsible for all
property belonging to the city, and see that the same is properly
eared for and preserved. He shall do and perform such other
duties as may from time to time be imposed upon him by_the
council. | wa

Sec. 60. The mayor may be recalled after having been in
office for one year, by a majority of the qualified voters voting
at an election therefor; which election shall be forthwith or-
dered by the judge of the corporation court, either upon a peti-
tion presented to him in term time or vacation, signed by duly
qualified voters of the city equal in number to thirty-three and
one-third per centum of the votes cast at the election at which
he was elected, or such an election shall be so ordered by the
judge of said court, in term time or vacation, upon the request
of three-fourths of the council, expressed by an ordinance
adopted by such vote. Such an election shall not be held within
thirty days from the time the order is so entered by said judge,
but must be held within ninety days therefrom, but not on the
same day with any other election. And he may also be removed
upon information or presentment, by the corporation court of
said city, upon proof of misfeasance or malfeasance in office, or
neglect of duty, in the manner prescribed by existing law.

Upon the removal, death or resignation of the mayor, an
election shall be called by the judge of the corporation court, to
be held not less than. thirty days, nor more than sixty days
thereafter, to fill the vacancy for the unexpired term.

Sec. 61. The mayor shall receive such salary as may be
fixed by the council, not exceeding three thousand dollars
($3,000.00) per annum, and he shall receive no other compensa-
tion or emoluments whatever from the city, and his salary shall
not be increased or diminished during his term of office. He
shall devote his entire time to the duties of the office.

2. Be it further enacted, that section sixty-two of said act
be, and the same is hereby repealed.

3. In that the amendments to the charter of the city of New-
port News herein provided, make a change in the form of gov-
ernment as fixed by the Constitution of Virginia, which became
effective July tenth, nineteen hundred and two, this act shall
not become operative until the same has been submitted to and
adopted by a majority vote of the qualified electors of said city,
at an election to be held therefor.

The circuit court of the city of Newport News, or the judge
thereof in vacation, immediately upon the passage of this bill
shall pass an order, entered in either term time or vacation, di-
recting the proper election officers of said city to take such
steps and prepare such means as may be necessary to submit to
the qualified voters of such city, for determining the question
whether such proposed change in the form of government as-in
this bill set out, shall be adopted or not, and the court or judge
shall make such order as may bé proper to give due publicity to
such election, and to fix some day between the first and fifteenth
day of April, nineteen hundred and sixteen, on which such elec-
tion shall be held.

Such election shall be conducted in the manner prescribed by
Jaw for the conduct of regular elections and by the regular elec-
tion officers of said city. The election shall be by secret ballot,
and the ballots used, shall contain the following:

“For proposed change in form of government.”

“Against proposed change in form of government.”

And the drawing of a line through the words “for” or
“against,” or any part thereof, shall be sufficient to indicate
the wishes of the person voting.

Returns of the election shall be certified by the commission-
ers of election, to the clerk of the said court or judge thereof
in vacation, and if it shall appear that a majority of the quali-
fied voters authorized to vote at such election did not vote for
such proposed change, an order shall be entered accordingly,
but if a majority of the electors qualified to vote at such elec-
tion, shall have voted in favor of such proposed change in the
form of government, the court, or judge thereof shall enter an
order accordingly, a copy of which shall be forthwith certified
by the clerk of such court to the council of the said city, and be
entered of record upon its journal.

Any such election may be contested, and the proceedings for
all such contests shall conform as near as may be to the provi-
sions of section five hundred and eighty-six-a of the Code.

That at the election held in June, nineteen hundred and six-
teen, there shall be elected from the city at large, a mayor, for
a term of four years, beginning September first succeeding
his election, from each of the four wards of said city two coun-
cilmen, and from the city at large, three councilmen. Of those
elected from the wards, one from each ward shall serve for a
term of two years, and one from each ward shall serve for a
term of four years. Of those selected from the city at large, one
shall serve for two years, and two for four years. At the first
meeting of said council, it shall be determined by lot those that
are to serve for two years, and those that are to serve for four
years, and thereafter the term of office of all councilmen shall
be four years beginning the first day of September after their
election.

4. Inasmuch as the time for filing notices of the candidates
for mayor and council, in order to enter the April primary as
provided by an act approved March twenty-fifth, nineteen hun-
dred and fourteen, and known as chapter three hundred and five,
acts of assembly, nineteen hundred and fourteen, entitled an
act to amend and re-enact an act entitled an act to establish
and regulate the holding of primary elections, to pay the ex-
penses of the same, to secure the regularity and purity of the
same, and to prevent and punish any corrupt practice in con-
nection therewith, approved March fourteenth, nineteen hun-
dred and twelve, will have passed before this bill can be enacted
into law, the said act and the election provided for therein for
the first Tuesday in April, shall not apply in the election of
mayor and councilmen herein authorized, but that another pri-
mary election shall be held before the fifteenth day of May, nine-
teen hundred and sixteen, for the selection of candidates for
said offices of council and mayor, and that all candidates desir-
ing to be voted for at said primary election shall, at least ten
days before the primary, make and file a written declaration of
candidacy, and comply with the rules and regulations of the
proper committee of the party, and all the other provisions of
said above primary act, known as chapter three hundred and
five, acts nineteen hundred and fourteen. |
5. In that this act would not ordinarily become effective
before the June election, an emergency is hereby declared, and
this act shall be in force from its passage.

6. All acts or parts of acts, whether general or special, in
conflict herewith, are hereby repealed.