Chap. 472.—An ACT to amend sections 5, 6, 7, 8, 9, 10, 11, 12, 18, 19, 20, 21, 22.
23, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 71, 72, 73, 74, 75, 76, 77, 78, 79,
80, 92, 94, 95, 96, 97, 98, 99, 100, 101, and 103 of an act to incorporate thie
city of Newport News, in the county of Warwick, and to provide a charter
therefor, and to repeal sections 2 and 93 of said act and to add thereto
sections 14a, 55a, 99a, 1l6a, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,
130, 131, and 132, which deal with and provide for vacancies in the council;
the initiative and referendum; the general powers and duties of the de-
partment of public welfare; the division of the city into school districts
and the election of trustees therefor; the creation of a civil service com-
mission and its rules and regulations; the jurisdiction of courts to enforce
ordinances; rules and regulations upon city owned property outside of
the city; continuance of present officers in office until January 1, 1921, and
the vacating of certain offices at that time; the penalties for violation of
certain sections; the working of prisoners; the appointment of boards and
the creation of pension funds. [S B 257]

Approved March 24, 1920.

1. Beit enacted by the general assembly of Virginia, That sections
hve, six, seven, eight, nine, ten, eleven, twelve, eighteen, nineteen,
twenty, twenty-one, twenty-two, twenty-three, fifty-four fifty-five,
hfty-six, fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one, sixty-two,
sixty-three, sixty-four, sixty-five, seventy-one, seventy-two, seventy-
thrée, seventy-four, seventy-five, seventy-six, seventy-seven, seventy-
eight, seventy-nine, eighty, ninety-two, ninety-four, ninety-five, ninety-
six, ninety-seven, ninety-eight, ninety-nine, one hundred, one hundred
and one, and one hundred and three of an act to incorporate the city
of Newport News in the county of Warwick and to provide a charter
therefor, be amended and re-enacted to read as follows:

Sec. 5. The administration and government of the city shall be
vested in one body to be called the council of the city of Newport
News and in one administrative officer to be styled city manager and
such other bodies and. officers as are hereinafter provided for.
Sec. 6. The municipal officers of the city shall consist of five
councilmen, a city clerk, a city auditor, a city attorney, a police justice,
a civil justice, a city treasurer, a clerk of the corporation court, a city
sergeant, a commissioner of the revenue, justices of the peace, a con-
stable and a Commonwealth’s attorney.

Sec. 7. The sergeant, Commonwealth’s attorney, clerk of the cor-
poration court, commissioner of the revenue, treasurer and constable
shall be elected and serve as now provided by law.

Sec. 8. The councilmen shall be elected on a general ticket from
the city at large and not by wards and shall serve for a term of tour
years from the first day of September next following the date of their
election and until their successors shall have been elected and _ shall
qualify; provided, however, that they shall be subject to recall, in
accordance with the provisions of this act and provided further that
at the first election hereunder three of the councilmen shall serve for
four years and two of the councilmen shall serve for two years. Those
who shall serve for four years and those who shall serve for two
years shall be determined by lot. Candidates for the council under
the provisions of this charter shall be nominated only by petition. Any
qualified voter of the city may be nominated as provided herein. There
shall be printed on the ballots to be used in any municipal election for
the election of councilmen, the names of all candidates who have been
nominated by petition as provided herein, and no others. A nominating
petition shall conform substantially to the following requirements:

(a) Such petition shall state the name and place of residence of
each person whose name is presented for a place upon the ballot, and
shall request such person or persons to become a candidate or candi-
dates for the office of councilman of the city of Newport News.

(b) Such petition shall be signed by at least two hundred qualified
electors of the city.

(c) Each elector signing a petition may subscribe to one nomina-
tion for each of the places to be filled at the ensuing election, and n«
more.

(d) Such petition shall not be circulated, nor shall it be signed
by any elector, more than fifty days prior to the day of such election.
and each person so signing shall place the date of the signing thereon
opposite his signature, and such petition shall be filed with the clerk
of the corporation court of said city not less than thirty days pre-
vious to the day of such election.

Any person whose name has been submitted for candidacy by an.
such petition shall file his acceptance of such candidacy with the clerk
of the corporation court of said city at least twenty days previous to
the date of such election; otherwise his name shall not appear on the
ballot. The filing of such acceptance shall be deemed equivalent to the
filing of notice of candidacy under the general election laws of the
State and no other notice of candidacy need be given by the person hfl-
ing same. The ballots used in all elections provided for in this act for
the election of councilmen shall be without party marks or designa-
tions. There shall not be printed on any such ballot the name of anv
person who has been nominated, selected or designated for the office
of councilman by any primary election conducted or held under the
auspices or authority of any political party, faction or combination.

Sec. 9. The candidates at any regular municipal election for the
election of council,.equal in number to the places to be filled, who
shall receive the highest number of voters at such election, shall be
declared elected. In any such election, each elector shall be entitled
to vote for as many persons as there are vacancies to be filled and no
more; and no elector shall in such election cast more than one vote
for the same person; but any voter may erase any name and insert
another. In counting the votes, any ballot found to contain a greater
or less number of names voted for for the office of councilman than
the number of vacancies in the council to be filled, shall be void.

The council shall be. and continue a body and no measure pending
before such body shall abate or be discontinued by reason of the
expiration of the term of office or removal of the members of said
body or any of them. Any person qualified to vote in said city at said
election shall be eligible to the office of councilman therein. No can-
didate for the office of councilman shall promise any money, office,
employment or other thing of value to secure a nomination or election
or expend in connection with his candidacy any money, except as per-
mitted by the general election law of the State; and any such candi-
date violating this provision shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceeding
five hundred dollars or imprisonment for a term not exceeding six
months, either or both, in the discretion of the jury, and shall forfeit
his office, if elected ; in which event the office so vacated shall be filled
by the council until the next regular or special election of councilmen as
provided for herein.

Any member of the council may be recalled and removed from office
by the electors by the following procedure: A petition for the recall
of the councilman or councilmen designated, signed by at least two
hundred of the electors of the city, and containing a statement in not
more than two hundred words of the grounds of the recall, shall be
filed with the city clerk, who shall forthwith notify the councilman or
councilmen sought to be removed, and such councilman or councilmen
may, within five days after such notice, file with said clerk a defensive
statement in not exceeding two hundred words. The said clerk shall,
immediately upon the expiration of said five days, cause sufficient
printed or typewritten copies of such petition, without the signatures,
to be made; and to each of them he shall attach a printed or typewritten
copy of such defensive statement or statements, if any such shall
have been furnished him within the time provided. He shall preserve
the original petition in his office and shall cause one copy of such
petition, together with a copy of the defensive statement, if any, at-
tached thereto, to be conveniently placed in his office, and shall provide
facilities for there signing the same; he shall also cause one copy, with
a copy of the defensive statement, if any, attached thereto, to be placed
in each of the several fire engine houses of the city and shall provide
facilities for there signing the same, and for the proper custody thereof.
The said clerk shall immediately cause notice to be published in some
newspaper of general circulation, published in the city, of the places
where the said copies may be found and of the time within which the
same may be signed. The said copies of such petition shall remain on
file in the several places designated, for a period of thirty days, during
which time any one of them may be signed by any elector of the city.
including those who signed the original petition. At the expiration oi
said period of thirty days, the city clerk shall assemble all of said copies.
and shall file the same as one instrument with the clerk of the corpo-
ration court of said city, who shall examine the same and ascertain
and certify thereon whether the persons whose names are signed thereto
are qualified voters of said city, equal in number to twenty-five per
cent of the number of electors who cast their votes at the last preced-
ing regular municipal election for the election of councilmen. If such
signatures do amount to such percentage, the clerk of the corporation
court of said city shall at once serve notice of that fact upon the
councilman or councilmen designated in the petition.

If the councilman or councilmen, or any of them designated in
such petition, file with the city clerk, within five days after the last
mentioned notice from the clerk of the corporation court of said city.
his or their written resignation or resignations, the said city clerk
shall at once notify the clerk of the corporation court of said city
of that fact, and such resignation or resignations shall be irrevocable
and shall be filed and preserved in the office of the city clerk; and the
council shall proceed to fill the vacancy or vacancies, subject to the
provisions of section fourteen-a of this act. In the absence of notice
from the city clerk that such resignation or resignations have been
filed as aforesaid, the clerk of the corporation court of said city shall.
upon the expiration of said period of five days, forthwith present to
said court, or the judge thereof in vacation, the said copies, together
with the certificate as to the percentage of qualified voters whose
names are signed thereto, and together with a certificate as to the
date of the service of the notice given by him to the councilman or
councilmen designated in the petition, as above provided. And there-
upon the said court, or the judge thereof in vacation, shall forthwith
enter an order calling and fixing a date for holding a recall election
for the removal of the councilman or councilmen named in said pet-
tion who have not resigned as aforesaid. Any such election shall be
held not less than thirty, nor more than sixty days after the date
of the enteriny of said order. If any other election is to be held
within the said period, the said court, or the judge thereof in vaca-
tion, shall direct that the said recall election be held at the same time.

The ballots of such recall election shall conform to the following
requirements, with respect to each person whose removal is sought.
the question shall be submitted:

“Shall (name of person) be removed from the office of councilmar
by recall?”

Immediately following such question, there shall be printed on the
ballots the following propositions, in the order here set forth:

‘For the recall of (name of person).”

‘Against the recall of (name of person).”
In any such election, the voters shall draw a line, with pen or
pencil, through the proposition he does not wish to vote for, leaving
the proposition he does want to vote for unscratched. In any such
election, if the majority of the votes cast on the question of the re-
moval of any councilman are for recall, such councilman shall be
deemed removed from office upon the ascertainment and certification
of the result of such election by the commissioners of election, and
the vacancy or vacancies caused by such recall shall be filled by the
remainder of the council, according to the provisions of section four-
teen-a of this act. If, however, an election is held for the recall of
two or more councilmen, candidates to succeed them for their un-
expired terms shall be voted upon at a special or regular election to
be held within not less than thirty, nor more than sixty days after
such vacancies are certified to exist; said candidates shall be nomi-
nated and elected in the manner provided for in the regular election of
councilmen. If more than one councilman is removed at said recall
election, the candidates equal in number to number of councilmen re-
moved who received the highest number of votes, shall be declared
elected to fill the vacancies ; and among the successful candidates, those
receiving the greater number of votes shall be declared elected for
the longer term.

No proceeding for the recall of all of the members of the council
at the same election shall be defeated in whole or in part by the resig-
nation of any of them; but in such case, the resignation of any or
all of them, or in case they are all recalled, the judge of the corpora-
tion court of said city shall have the power, and it shall be his duty
forthwith, to fill such vacancy or vacancies temporarily until successors
are elected; and the proceeding for the recall of the councilmen who
have not resigned shall continue and have the same effect as though
there had been no resignations.

No petition to recall any councilman shall be filed within one
vear after he assumes the duty of his office.

The method of removal herein provided shall not be deemed or
held to be exclusive, but is in addition to such other methods as are
now, or may hereafter, be provided by general law.

Sec. 10. The term of office of said officers shall begin on the first
day of September succeeding their election.

Sec. 11. The council shall, prior to the first day of December
next succeeding their election and prior to the first day of December
every four years thereafter, elect a city clerk, a city attorney, a city
auditor, a police justice, and a civil justice, each of whom shall serve
for a term of four years and until his successor shall have been elected
and shall have qualified. The said council shall also appoint the
members of such boards and commissions as are hereinafter provided
for; but no offices not specially provided for by this act shall be
created, except by a vote of four-fifths of the members of the council,

Sec. 12. The term of office of these officers mentioned in the pre-
ceding section and all other officers elected by the council shall begin
on the first day of January succeeding their clection.
Sec. 18. It shall be the duty of the first council elected under this
act, within ten days after the date of the certification of their election,
to meet at the usual place for holding meetings of the legislative body
of the city, for the purpose of qualifying and organizing and for elect-
ing a presiding officer and a city manager, as hereinafter provided:
the said council shall, if practicable, elect a city manager prior to
the first day of September next ensuing, whose active service shall
begin on that day, at the same time as their own. If it be not prac-
ticable so to elect a city manager within the time specified above.
then he shall be so elected at the earliest practicable date, but in no
case at a date later than the first meeting of the council in October.
At the first meeting of the council it shall elect one of its members to
preside over its meetings, who shall be ex-officio mayor and shall have
the same powers and duties as other members of the council, with a
vote but no veto; and he shall be the official head of the city and shall
perform such other duties consistent with his office as may be imposed
by the council. The council at said meeting shall also elect a mayor
pro tem, who shall serve in the absence or disability of the mayor
and shall receive such additional compensation for said services as the
mayor would receive therefor if present and acting.

Sec. 19. The mayor, any two other members of the council or the
city manager may call special meetings of the council at any time upon
at least twelve hours written notice to each member, served personally
or left at his usual place of business or fesidence; but such special
meetings may be held at any time without notice, provided all member:
of the council attend said meeting.

Sec. 20. The council shall meet at such times as may be prescribed
by ordinance or resolution, provided, however, that it shall hold at
least one regular meeting each week. No business shall be transacted
at a special meeting, except that for which it shall have been called.
unless all members of the council attend such special meeting or give
their written consent thereto.

Sec. 21. The council shall have authority to adopt such rules and
to appoint such officers, committees and clerks as may be proper for
the regulation of its proceedings and the convenient transaction of its
business; to compel the attendance of absent members; to punish
its members for disorderly behavior, and by vote of four-fifths of
its members to expel a member for malfeasance or misfeasance in
office, or gross neglect of official duty. It shall keep a journal in
which the clerk shall record the proceedings of such session, and the
same shall be properly indexed. All resolutions and ordinances shall
be signed by the presiding officer and the city clerk and shall be re-
corded in a book which shall be properly indexed. All ordinances and
resolutions of the council shall be taken judicial cognizance of by all
courts of this city and may be read into the evidence in all courts
and in all other proceedings in which it may be necessary to refer
thereto, cither from a copy thereof certified by the city clerk or from
the volume of ordinances.

Sec. 22. The meetings of the council shall be open to the public.
1920. ] ACTS OF ASSEMBLY. 745

A majority of the members shall constitute a quorum for the trans-
action of business, but no ordinance shall be passed, and no resolu-
tion adopted having for its object the appropriation of money, except
by a concurrence of a‘majority of all the council. No vote taken at a
stated meeting shall be considered at a special meeting, unless there
be at least four members present and three concur therein.

Sec. 23. Absence from five consecutive regular meetings shall
operate to vacate the seat of a member, unless said absence is excused
by the council by resolution setting forth the reason thereof and
entered upon the journal. For each absence of a councilman from a
regular meeting of the council, there shall be deducted from his pay
a sum equal to two per centum of his annual salary, if his compensa-
tion be in the form of an annual salary, or the amount designated as
the fee for attending said meetings, in case his compensation ‘be in
the form of attendance fees, or both, in case his compensation be in
both forms.

Sec. 54. In addition to the powers enumerated herein and in addi-
tion to any powers now possessed or hereinafter conferred upon said
city, the city shall have, and may exercise, all other powers which,
under the Constitution and laws of the State of Virginia, would be
competent for this act specifically to enumerate. The council shall
have full power and authority, except as herein otherwise provided, to
exercise all of the powers conferred upon this city to make such ordi-
nances, by-laws, rules and regulations not inconsistent with the laws of
the State or the provisions of this act as may be expedient for main-
taining good government and welfare of the city and its trade, com-
merce and manufactures. It may enforce its ordinances and resolu-
tions and may inflict penalties for any violations of any thereof by
a fine not exceeding five hundred dollars or imprisonment in the
city jail not exceeding ninety days, either or both. It shall, by ordi-
nance, fix the salaries of all officers and employees of the city, except
the salaries of its own members, which shall be as is provided by
general law; and it may, so far as is not inconsistent with the pro-
visions of this act, define the powers and prescribe the duties of all
such officers and employees. No ordinance, resolution, by-law, rule,
regulation or appropriation shall be made by the council creating an
indebtedness or paying or directing the payment of any sum of money
of greater value than one thousand dollars, except upon a vote of a
majority of all the members elected to the council. |

Sec. 55. No ordinance passed by the council, unless it be an
emergency measure as hereinafter defined in this section, or the annual
appropriation ordinance, shall go into effect until the expiration of
thirty days after its final passage. If, at any time within said thirty
days, a petition signed by qualified voters equal in number to twenty-
five per centum of the electors who cast their votes at the last preceding
regular municipal election for the election of councilmen be filed with
the city clerk, requesting that any such ordinance be repealed or
amended as stated in the petition, such ordinance shall not become
operative until the steps indicated herein shall have been taken, or
until the time allowed for taking any such step shall have elapsed
without action. Such petition shall state therein the names and ad-
dresses of at least five electors, who shall constitute a committee to
represent the petitioners, and who shall be officially regarded as filing
the petition and shall constitute a committee of the petitioners for the
purpose hereinafter stated. Referendum petitions need not contair:
the text of the ordinance or ordinances, the amendment or repeal ot
which is sought, but shall contain the proposed amendment, if an
amendment is demanded.

All ordinances and resolutions passed by the council shall be in
effect from and after thirty days from the date of their passage. except
that the council may, by the afhrmative vote of three of its members.
pass emergency measures to take effect at the time indicated therein.
An emergency measure is an ordinance or resolution for the imme-
diate preservation of the public peace, property, health or safety, or
providing for the usual daily operation of a municipal department, in
which the reasons for the emergency are set forth and defined. Ordi-
nances appropriating money for any such emergency may be passed
as emergency measures, but no measure providing for the sale or lease
of city property, or making a grant, renewal or extension of a fran-
chise or other special privilege, or the regulation of the rate to be
charged for its services by any public utility shall be so passed.

The city clerk shall present the said petition to the council at its
next regular meeting, and thereupon the council shall proceed tu
reconsider the ordinance. If, within thirty days after the filing ot
such petition, the ordinance be not repealed or amended as requested
in such petition, the city clerk shall, if so requested, by a wmiting
signed by a majority of the said committee and presented to the said
city clerk within twenty days after the expiration of said penod ot
thirty days, present to the clerk of the corporation court of said city.
the said petition and all copies thereof as one instrument, together
with a copy of the ordinance, the repeal of which is sought. Within
ten days after the filing of said petition, the clerk of said court shall
ascertain and certify whether the required number of qualified voters
have signed the petition. If it be found that the required number of
qualified voters have signed the said petition, then within five days
after the expiration of said ten days, the said petition, with the certif-
cate of the clerk thereon, shall be presented by the said committee to
the corporation court of the said city, or the judge thereof in vacation.
and thereupon the said court, or the judge thereof in vacation. shal!
forthwith enter an order calling and fixing a date for holding an elec-
tion for the purpose of submitting the said ordinance to the electors
of said city. Thereupon the said ordinance shall ipso facto be further
suspended from coming into effect until such election shall have been
held, and the council of said city shall, at its next regular meeting.
repeal said ordinance. Any such election shall be held not less than
thirty, nor more than sixty, davs after the date of the entering of
such order. If any other election is to be held within said period, said
court, or the judge thereof in vacation, shall direct that the said
ordinance shall be submitted to the vote of the electors at such elec-
tion. At least ten days before any such election, the clerk of said
court shall cause the said ordinance to be published once in one or
more newspapers of general circulation published in said city.

The ballots used when voting upon such ordinances shall conform
in all respects to the ballots required for an initiative election under
section fifty-five-a hereof, and the method of voting in any such elec-
tion shall be as prescribed in said section.

If in any such election the ordinance so referred or submitted be
approved by a majority of the electors voting thereon, the said ordi-
nance shall, upon the ascertainment and certification of the results of
said election by the commissioner of election, be enacted by the coun-
cil at its next regular meeting.

Ordinances passed. as emergency measures, providing for any
work, improvement or repairs certified by the city manager to be im.
mediately necessary to protect public property or health from ‘immi-
nent danger, or to protect the city from imminent loss or liability
shall not be subject to referendum. The certificate of the city manage
in any such case shall be conclusive. All other ordinances passed a:
emergency measures shall be subject to the referendum in like man
ner as other ordinances, except that they shall go into effect at the
time indicated in such ordinances. If, when submitted to a vote o:
the electors, an emergency measure shall be not approved by :
majority of the voters voting thereon, it shall be considered repealed
as regards any further action thereon but such measure so repealec
shall be deemed sufficient authority for the payment in accordanc
with the ordinance of any expenses incurred previous to the ascer
tainment and certification by the commissioners of election of th
results of the referendum vote thereon.

In case a petition be filed requesting that a measure passed by:
the council providing for the expenditure of money, for a bond issue
or for a public improvement be submitted to a vote of the electors
all steps preliminary to such actual expenditure, actual issue of bond.
or actual signing of a contract for such improvements may be take
prior to the election.

All elections for the election of councilmen and of initiative, refer
endum and recall elections, shall be conducted, and the result canvasses
and certified by the regular election officials provided by the genera
election laws of this State; and except as otherwise provided in thi
act, all such elections shall be governed by the State general electior
laws. :
All petitions for the nomination of councilmen and all petition
in connection with the initiative, referendum and recall shall be signe
in ink or in indelible pencil by the electors in person and not b
agent or attorney. Each person signing any such petition shall plac
opposite his name the date of his signature and his place of residenc
by street and number. The signatures to any such petition need no
all be appended to one paper, but to each such paper (except in th
case of copies of recall petitions, which may not be circulated) ther
shall be attached an affidavit by the circulator thereof stating that
each signature appended thereto is the genuine signature of the per-
son whose namie it purports to be and that it was made in the presence
of the afhant on the date indicated. All copies of any such petition
shall be treated as originals. No such petition shall be deemed invalid
by reason of the fact that it is signed by one or more persons who
are not qualified voters, but the names of such persons shall not be
counted. As used in this act, the terms “elector,” qualified elector”
and “qualified voter” are synonymous.

All signatures to any petition mentioned in the preceding section
hereof shall be accepted and treated as prima facie genuine. For the
purpose of certifying the number of qualified voters whose names are
signed to any such petition, the clerk of the corporation court of said
city shall presume that any person whose name appears thereon is
a qualified voter, if such person—

(a) Is exempt from the payment of poll taxes as a prerequisite
to voting, or

(b) Appears from the treasurer’s list of persons who have paid
their poll taxes, to have complied with the law as to payment of poll
taxes so as to be a qualified voter on the date of his signature under
the provisions and within the meaning of this section, assuming him
to be duly registered.

All such petitions substantially complying with the requirements
of this charter and certified by said clerk to bear the required number
of signatures of qualified voters shall be accepted and treated as prima
facie sufficient. The burden of proving the insufficiency of any such
petition in any respect shall be upon the person alleging the same:

The question whether any person is a qualified voter for the pur-
pose of signing any nominating petition or any petition in connection
with the initiative, referendum or recall, shall be determined as fol-
lows: If any such petition be signed on or before the second Tuesday
in June in any year, the person signing the same shall be deemed a
qualified voter for that purpose, within the meaning hereof, if qual-
fied to vote on the said second Tuesday in June; if such petition be
signed after the second Tuesday in June in any year, the person sign-
ing the same shall be deemed a qualified voter for that purpose within
the meaning hereof, if qualified to vote on the first Tuesday after the
first Monday in November of said year.

Sec. 56. The city manager shall be the administrative head ot
the municipal government. He shall be chosen by the council without
regard to his political beliefs, and solely upon the basis of his executive
and administrative qualifications. The choice shall not be .limited to
inhabitants of the city or State, ynless otherwise required by the Con-
stitution of the State. The city manager shall receive such compen-
sation as shall be provided by the council by ordinance. He shall be
appointed for an indefinite period, and shall serve at the will of the
council, provided, however, that he may not be removed within twelve
months from the date on which he assumed his duties, except for in-
competence, malfeasance, misfeasance or neglect of duty. In case of
his removal within said period he may demand written charges and a
public hearing thereon before the council prior to the date on which
his final removal shall take effect; but the decision and action of the
council on such hearing shall be final, and pending such hearing the
council may suspend him from duty. During the absence or disability
of the city manager the council shall designate some properly qualified
person to perform his duties.

Sec. 57. Neither the council, nor any of its members, shall dictate
the appointment of any person to office or employment by the city
manager, or in any manner interfere with the city manager, or prevent
him from exercising his own judgment in the appointment of officers
or employees in the administrative service. Except for the purpose
of inquiry, the council and its members shall deal with the adminis-
trative service solely through the city manager, and neither the council
nor any member thereof shall give orders to any of the subordinates of
the city manager, either publicly or privately. Any such dictation,
prevention, orders or other interference on the part of a member of
the council with the administration of the city shall be deemed a mis-
demeanor, and upon conviction thereof the member so convicted shall
be fined not exceeding one hundred dollars and may, in the discretion
of the court, be removed from office.

No person elected to the council, whether he qualify or not, shall,
during the term for which he was elected, be elected by the council,
or appointed by the city manager, to any position or office of trust or
profit of the city.

Sec. 58. The city manager shall be responsible to the council for
the efficient administration of all affairs of the city. He shall have
power, and it shall be his duty:

(a) To see that all laws and ordinances are enforced.

(b) Except as otherwise provided in this act, to appoint all heads
or directors of departments, and all subordinate officers and employees
of the city in both the classified and unclassified service, with the
power to discipline and remove any officer or employee so appointed ;
and in the classified service all appointments and removals to be sub-
ject to the civil service provisions of this act. Such appointments and
removals shall be reported to the council at its next regular meeting.

(c) To exercise supervisions and control over all departments and
divisions created herein, or that may be hereafter created by the
council.

(d) To attend all regular meetings of the council, with the right
to take part in the discussion, but having no vote. He shall be entitled
to notice of all special meetings.

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

(f) To see that all terms and conditions imposed in favor of the
city, or its inhabitants, in any public utility franchise are faithfully
kept and performed; upon knowledge of any violation thereof, tc
call the same to the attention of the council and of the city attorney.
It shall be the duty of the city attorney forthwith to take such steps
as are necessary to protect and enforce said terms and conditions.
(g) To make and execute all contracts on behalf of the city,
except as may be otherwise provided in this act or by ordinance,
passed in pursuance thereof.

(h) To act as budget commissioner, and as such to prepare and
submit to the council the annual budget, after receiving estimates
made by the heads or directors of the departments, or of any board
or commission not within a department.

(i) To keep the council at all times fully advised as to the finan-
cial conditions and needs of the city.

(j) To perform all such other duties as may be prescribed by
law, or be required of him by ordinance or resolution of the council.

Sec. 59. The council, the city manager, and any officer, board
or commission authorized by them, or either of them, shall have power
to make investigations as to city affairs, and for that purpose to sub-
poena witnesses, administer oaths, and compel the production of books
and papers. The civil service commission shall have power to make
investigations relating to the civil service, with the lke power to
subpoena witnesses, administer oaths and compel the production ot
books and papers. .

Any person refusing or failing to attend, or to testify, or to pro-
duce such books and papers may by summons issued by such board
or officer be summoned before the police justice of said city by the
board or official making such investigation, and upon failure to give
satisfactory explanation of such failure or refusal, may be fined by
the police justice not exceeding one hundred dollars or imprisoned
not exceeding thirty days, such person or the city to have the right to
appeal to the corporation court of the city. Any person who shall
give false testimony under oath at any such investigation shall be
liable to prosecution for perjury.

Sec. 60. The following administrative departments are hereby
created:

(a) Department of law;

(b) Department of public works;

(c) Department of public welfare;

(d) Department of public safety;

(e) Department of finance.

The council may, by ordinance adopted by the affirmative vote of
at least four of its members, create new departments, and distribute
the functions thereof, or establish temporary departments for special
work. :

At the head of each department there shall be a director; provided
that, until the council shall otherwise provide by ordinance adopted
by the afhrmative vote of at least four of its members, the city man-
ager shall be the director of the department of public safety, the de-
partment of finance, and of the department of public welfare.

The director of each department shall be chosen on the basis of
his general executive and administrative ability and experience, and
of his education, training and experience in the class of work which
he is to administer.

The director of each department, except the department of law,
and the department of finance, shall be appointed by the city manager
and may be removed by him at any time, but such appointment or
removal shall be reported by the city manager to the council at its
next regular meeting.

The directors of the several departments shall be immediately re-
sponsible to the city manager for the administration of their respec-
tive departments, and their advice in writing may be required by him
on all matters affecting their departments. They shall prepare de-
partmental estimates which shall be open to public inspection, and
they shall make all other reports and recommendations concerning their
departments at stated intervals, or when required by the city manager,
under such rules and regulations as he may prescribe.

Sec. 61. The head of the department of public safety shall be
known as the director of public safety.

Subject to the supervision and control of the city manager in all
matters, he shall be the executive head of the division of police and
fire. He shall also be the chief administrative authority in all mat-
ters pertaining to the erection, maintenance, repair, occupancy and in-
spection of buildings under such regulations as may be ordained by
the council.

The director of public safety shall, within six months from as-
suming office, prepare and submit to the council for approval a
building code for the regulation of the erection and equipping of
buildings in accordance with modern standards.

The police force shall be composed of a chief of police and of
such officers, patrolmen, and other employees as the city manager may
determine. The chief of police shall have the immediate direction
and control of the said force subject, however, to the supervision
of the director of public safety, and to such rules, regulations, and
orders as the said director may prescribe, and through the chief of
police the director of public safety shall promulgate all orders, rules
and regulations for the government of the whole force. In case of
the disability of the chief of police to perform his duties, by reason
of sickness, absence from the city or other cause, the director of public
safety shall designate one of the officers of the police force to act as
chief of police during such disability, and the officer so designated
shall serve without additional compensation.

All fines and forfeitures, fees and costs, imposed, assessed or taxed
by the police justice, whether for violations of State laws or city ordi-
nances, shall be collected by the chief of police or such member of
the police department as mav be designated by the city manager to
collect same, who shall furnish bond with surety as fixed and approved
by the council; and all such fines and forfeitures collected for viola-
tions of State laws, together with the clerk's fees, shall be paid to the
clerk of the corporation court as now provided by law daily; and all
fines and forfeitures for violations of citv ordinances, and all other
fees and costs imposed, assessed or taxed by said police justice shall
be reported daily to the city auditor and shall be paid daily to the city
treasurer.

The members of the police force other than the chief shall be
selected from the list of eligibles prepared by the civil service com-
mission, and in accordance with such rules as the said commission
may prescribe, provided that in case of riot or emergency, the director
of public safety may appoint additional patrolmen and officers for
temporary service, who need not be in the classified service.

Each member of the police force, both rank and file, shall have
issued to him a warrant of appointment signed by the director of
public safety, in which the date of his appointment shall be stated, and
such warrant shall be his commission. Each member of the said force
shall, before entering upon the duties of his office, take and subscribe
an oath that he will faithfully without fear or favor perform the duties
of his office, and such oath shall be filed and preserved with the
records of said department. And in addition, the several officers of the
said force shall, if so required by the council, give bond in such penalty
and with such security as the council may by ordinance prescribe.

No person, except as otherwise provided by general law or by this
act, shall act as special police, special detective or other special police
officer for any purpose whatsoever, except upon written authority from
the director of public safety. Such authority, when conferred, shall
be exercised only under the direction of the chief of police and for
a specified time.

The officers and privates constituting the police force of said city
shall be and they are hereby invested with all of the powers and au-
thority which pertains to the office of constable at commori law in
taking cognizance of and in enforcing the criminal laws of the State
and the ordinances and regulations of said city, and it shall be the
duty of each such officer and private to use his best endeavors to
prevent the commission within the said city of offenses against the
laws of said State, and against the ordinances and regulations of said
city ; to observe and enforce all such laws, ordinances and regulations;
to detect and arrest offenders against the same; to preserve the good
order of said city; and to secure the inhabitants thereof from violence
and the property therein from injury. The said officers and private
shall have the same power in summoning witnesses in cases of viola-
tions of the law as is now possessed by the sergeant of the city of
Newport News. Such policeman shall have no power or authority in
civil matters, but shall execute any criminal warrant or warrant of
arrest that may be placed in his hands by any justice of the city, and
shall make due return thereof. Such policeman shall not receive any
fee or other compensation for any services rendered in the perform-
ance of his duty, other than the salary paid him by the city, except
in the case of rewards for the apprehension of violators of the law,
nor shall he receive a fee as a witness in any case arising under the
criminal laws of the said State or under the ordinances or regulations
of the said city. :

The director of public safety shall prescribe the uniforms and
badges for the members of the police force and direct the manner in
which the members of said force shall be armed. Any person other
than a member of said force who shall wear such uniform or badge
as may be prescribed as aforesaid may be subjected to such fine or
imprisonment, or both, as may be prescribed by the council by ordi-
nance.

Sec. 62. The fire force shall be composed of a chief and of such
other officers, firemen and employees as the city manager may deter-
mine. The fire chief shall have immediate direction and control of
the said force, subject, however, to the supervision of the director of
public safety, and to such rules and regulations and orders as the
said director may prescribe, and through the fire chief the director of
public safety shall promulgate all orders, rules and regulations for the
government of the whole force.

In case of the disability of the chief of the fire department to
perform his duties, by reason of sickness, absence from the city or
other cause, the director of public safety shall designate one of the
officers of the fire force to act as chief of the fire department and
the officer so designated shall serve without additional compensation.

The members of the fire force other than the chief shall be ap-
pointed from the list of eligibles prepared by the civil service commis-
sion and in accordance with such rules and regulations as may be pre-
scribed by the said commission; provided, however, that in case of
riot, conflagration or emergency, the director of public safety may
appoint additional firemen and officers for temporary service who need
not be in the classified service.

The chief of the fire department and his assistants are authorized
to exercise the powers of police officers while going to, attending or
returning from any fire or alarm of fire. The fire chief and each of
his assistants shall have issued to him a warrant of appointment signed
by the director of public safety, in which the date of his appointment
shall be stated, and such warrant shall be his commission. The direc-
tor of public safety shall prescribe the uniforms and badges for the
members of the fire force. Any person other than a member of said
force who shall wear such uniform or badge as may be prescribed
as aforesaid, may be subjected to such fine or imprisonment, or both,
as may be prescribed by the council by ordinance.

The chief of police and fire chief shall have the right and power to
suspend any of the officers and employees in their respective divisions
who may be under their management and control for incompetence,
neglect of duty, immorality, drunkenness, failure to obey orders given
by proper authority, or for any other just and reasonable cause. If
an officer or employee be suspended as herein provided the chief of
the division concerned shall forthwith in writing certify the fact, to-
gether with the cause for suspension, to the city manager, who shall,
after hearing, render judgment thereon, which judgment, 1f the charge
be sustained, may be a reprimand, fine, suspension, reduction in rank,
or removal, and in every case shall be final. The city manager shall
have power to suspend or remove the chief of police and fire chief
at any time, and his action in every such case shall be final.

Sec. 63. There shall be one police justice who shall hold the
police court of said city and shall receive such compensation as may be
fixed by the council, and shall receive no other compensation for the
performance of the duties of said office. All fees, both city and State,
allowed by law for_any services and collected by him, shall be pai
daily to the chief of police or such member of the police force as ma‘
be designated by the city manager to collect same, who shall furmsh
bond with surety as fixed and approved by the council and shall pa:
all sums so collected by him, in the same manner as in the case 1!
fines, and shall report same weekly to the city auditor.

The judge of the corporation court shall, by proper order of record
appoint as substitute police justice, a person with like qualification:
to the police justice, and may at any time revoke such appointmen!
and make a new appointment in like manner in the event of such re-
vocation, or the death, absence or disability of such substitute polic:
justice. In the event of the inability of the police justice to perform
the duties of his office by reason of sickness, absence, vacation, interes:
in the claim or party, or otherwise, such substitute police justice shall
perform the duties of the office during each absence or disability and
shall receive for his services such compensation as the police justice
would receive for a like period, payable out of the treasury of the city.
the amount for such services to be approved by the corporation coun.
While acting as such, either the police justice or the substitute police
justice may enter judgments, grant new trials, hear motions and per-
form other acts in reference to the proceedings of the other in the
same manner as if they were his own.

The police court shall be open for the transaction of business ever~
day in the year, except Sundays and legal holidays, but the police jus-
tice shall be allowed annually a vacation period of not more than one
month.

The police justice shall be a conservator of the peace within the
corporate limits of the city and within one mile beyond said limits.
and within such limits shall have exclusive original jurisdiction for
the trial of all offenses against the ordinances of the city, provided tha:
the city shall have the right to an appeal to the corporation court of
said city from any decision of the police justice affecting the legality
or validity of any ordinance passed by the council of the city; and he
shall have concurrent jurisdiction with the corporation court in all
cases of the violation of the revenue laws of the State.

The police justice shall possess all the jurisdiction and exercise a!
the power and authority in criminal cases of a justice of the peace.
andl, except where it is otherwise specifically provided by law, sha!
have exclusive original jurisdiction for the trial of all misdemeano:

cases occurring within the corporate limits of the city and concurrent
jurisdiction with the county authorities of offenses committed within
one mile of the corporate limits.

In the absence of the police justice and the substitute police justice.
the desk sergeant on duty at the police station shall have the same
power to admit to bail persons charged with misdemeanors as the police
justice would have if present, shall collect the fees therefor and shal
report and pay same to the officer authorized to collect fines impose |
in the pohee court. :

The police justice may, if authorized by the council by ordinance
so to do, appoint a baliff for his court who shall hold his office untt!
removed by the police justice. The bailiff shall have charge of the
oolice courtroom, the office and furniture and other property contained
herein and be held responsible for the safe-keeping and proper pro-
rection of the same. He shall attend all courts of the police justice
and perform such other services as may be required of him by the
police justice. The bailiff shall have the power and authority of a
police officer and shall receive for his services such compensation as
the council of the city shall fix, to be paid out of the city treasury.
The council shall provide a suitable courtroom and office for the police
justice and shall furnish all necessary furniture, books and stationery.
Such books shall be under the control of the police justice, but shall
remain the property of the city.

The records of the police justice shall be kept in the manner pre-
scribed by the council of said city.

Sec. 64. There shall be one civil justice who, at the time of his
election, shall have practiced law in this State for at least five years
and shall, during his term of office, reside in the city and shall not,
during the said term, hold any other office of public trust. Such
justice shall receive a salary as the council may fix, to be paid in
monthly instalments out of the city treasury, and he shall receive no
other compensation for his services as such justice; provided, however,
that no installment of his salary shall be paid except upon his certih-
cate im writing that he has disposed of all cases which have been sub-
mitted to him for decision for more than thirty days previous to the
date upon which said installments fall due.

The civil justice court shall be presided over by the civil justice
and held in such places as shall be designated by the council and open
for the transaction of business every day in the year except Sundays
and legal holidays, unless otherwise provided by ordinance of the
city; but such justice shall be allowed a vacation period of not more
than four weeks in each year.

The judge of the corporation court shall, by proper order of record,
appoint a substitute civil justice, a person with like qualifications tc
the civil justice, and may at any time revoke such appointment and
make a new appointment in like manner in the event of such revocation
or the death, absence of disability of such substitute civil justice
In the event of the inability of the civil justice to perform the duties
of his office by reason of sickness, absence, vacation, interest in the
claim or parties, or otherwise, such substitute civil justice shall per-
form the duties of the office during such absence or disability and shal!
receive for his services such compensation as the civil justice would
receive for a like period, payable out of the treasury of the city, the
amount for such services to be approved by the corporation court.

While acting as such, either the civil justice or the substitute civi:
justice may issue executions upon, grant new trials, hear motions anc
perform other acts in reference to the judgment and proceedings of
the other in the same manner as if they were his own.

The said civil justice shall have jurisdiction of any claim to specific
personal property of three hundred dollars or less or to any debt, fine
or other money or to damages for any breach of contract or for any
injury done to property, real or personal, which would be recoverable
by any action at law or suit in equity if such claims be three hundred
dollars or less, exclusive of interest, and shall also have all the civil
jurisdiction now possessed of forceable or unlawful entry or detained
and neither the police justice nor any other justice of the peace in the
city shall hereafter exercise such jurisdiction as herein conferred upon
the civil justice.

Any warrant within the jurisdiction above conferred may be issued
by any justice of the peace of the city, except the civil justice and
the police justice, but when so issued, it shall be returnable only before
such civil justice for trial and determination.

At or before the time of hearing before such civil justice on any
claim, the plaintiff shall pay said civil justice a trial fee of seventy-five
cents for each one hundred dollars of value or fraction thereof claimed
in the warrant. . The trial fee shall be taxed as a part of the cost.
The said civil justice shall pay monthly into the treasury of the city
all fees collected by him.

All procedure before the civil justice, except so far as herein othe:-
wise provided, shall conform to the chapter of the Code concerning
warrants for small claims, except that either party may require the
adverse party to file the particulars of his claim or the grounds of
defense, as provided by general law, and except that the proceedings
in a case wherein an infant or insane person is a party shall not be
stayed because of such infancy or insanity, but the civil justice before
whom such suit is pending shall appoint some discreet and competent
attorney at law as guardian ad litem to such infant or insane defendant,
whether such defendant shall have been served with process or not;
or, 1f no such attorney be found willing to act, the civil justice shali
appoint some other discreet and proper person as guardian ad litem.
who shall faithfully represent the interest or estate of the infant or
insane person for whom he is appointed; but the said guardian ad
litem so appointed shall not be liable for costs. The civil justice ren-
dering any judgment may issue a writ of fiere facias thereon imme-
diately, if there be not a new trial granted, nor an appeal allowed,
nor a stay of execution; and the said civil justice may from time to
time renew such writ either before or after the expiration of one year
from the date of the judgment.

No claim returnable before such justice shall be removed to any
other court, but from every judgment of said justice in claims ex-
ceeding twenty dollars, exclusive of interest, there shall be an appeal as
of right within the statutory period to any of the courts exercising
general original common law jurisdiction in such civil cases in the
city, and all such appeals shall be tried and judgment rendered as
provided by law on appeals from the justice of the peace; but no
appeal shall be granted unless and until the party applying for the
same has given bond, with sufficient surety to be approved by the
justice, to abate the judgment of the court upon the appeal. The party
taking such appeal may direct to which of said courts said appeal shall
be sent for trial, and in the absence of such directions, the said justice
may send the same to any court having jurisdiction, and the clerk of
said court upon receipt of the papers in any appeal case shall, upon
the payment of the writ tax as provided by law, forthwith docket such
case in its regular order, but if the said writ tax be not so paid within
thirty days from the date of the judgment, the said appeal shall there-
upon stand dismissed, and the said judgment shall become final, and
the said papers, upon the application of any party in interest, shall be
returned to the said civil justice by the clerk of the appellate court;
but appeal cases shall have preference over other cases pending in
such courts as regards the time of trial.

If any claim shall have been pending before such justice sixty
days, he shall notify the parties the same will be dismissed in ten days
thereafter, unless a cause can be shown to the contrary; and unless
such cause be shown, such justice shall forthwith dismiss such claim.
All papers connected with any of the proceedings in the trial of cases
for such civil justice, except such as may be removed on appeal, shall
remain in the office of the civil justice, and shall be properly indexed
and filed and preserved.

Such justice shall have power to make and enforce such reason-
able rules of practice in his court as are not in conflict with law.

The council shall provide a suitable courtroom and office for the
civil justice and shall furnish all necessary furniture, books and sta-
tionery. Such books shall be under the control of the civil justice,
but shall remain the property of the city.

The civil justice may, when authorized so to do by the council by
ordinance, appoint a bailaff for his said court, who shall hold office
until removed by the said civil justice. The said bailiff shall have
charge of the civil justice courtroom and office and the furniture and
other property contained therein; and be held responsible for the safe-
keeping and proper protection of the same. He shall attend all courts
held by the said civil justice and perform such other services as may
be required of him by the said civil justice. The said bailiff shall have
the power and authority of a police officer and shall receive for his
services such compensation as the council may fix, to be paid out of the
city treasury.

Sec. 65. The office of civil and police justice for the city of New-
port News is hereby abolished from and after January first, nineteen
hundred and twenty-one, and thereafter there shall be a separate police
justice and a civil justice as herein provided. All criminal and quasi-
criminal warrants and proceedings of whatever nature then pending
before the civil and police justice within the jurisdiction of the civil
and police justice shall be transferred to the jurisdiction of the police
justice, and all civil warrants, proceedings and claims of whatever
nature then pending before the civil and police justice shall be trans-
ferred to the jurisdiction of the civil justice and all records pertain-
ing to any civil warrant, claims or proceeds and books used exclusively
therefor shall be transferred to the jurisdiction of the civil justice
and any further procedure and determination to be had thereon shal!
be had in the civil justice court. ,

Sec. 71. The treasurer shall receive such salary as the council
may by ordinance prescribe for collecting, receiving and disbursing
(58 ACTS OF ASSEMBLY. [va.

the revenues, city and school levies and all other city or school funds
or monies and for performing such other duties as the council may
from time to time require of him.

Sec. 72. The head of the department of finance shall be known
as the director of finance. He shall have direct supervision over the
department of finance and over the administration of financial affairs
of the city, including the keeping of accounts and financial records,
the disbursement of city funds and monies, and shall perform such
other duties as the council may by ordinance provide.

Upon the death, resignation, removal, or expiration of the term
of any fiscal officer of the city, other than the director of finance, the
director of finance shall make an audit and investigation of the ac-
counts of such cfficer, and shall report the result thereof to the city
manager and to the council. As soon as practicable after the close
of each fiscal year an annual audit shall be made of all of the accounts
of all city officers, and upon the death, resignation, removal or ex-
piration of the term of the director of finance, an audit shall be made
of his accounts. Such annual audits and the audit of the accounts ot
the director of finance shall be made by certified public accountants
selected by the council, who have no personal interest, direct or in-
direct, in any of the officers or employees of said city, or in the finan-
cial affairs of said city; provided that no such certified public account-
ant who is otherwise qualified shall be disqualified to make such audits
by reason of his being a resident of said city and taxpayer therein.
The council may at any time provide for the examination or audit
of the accounts of any officer or department of the city government.

- Sec. 73. The city auditor shall be elected at the time, in the man-
ner and for the term prescribed in section eleven of this act. He
shall be an experienced accountant, preferably one who has had ex-
perience in municipal accounting. He shall install and have super-
vision over the accounts of all departments and of all offices of the
city. Such accounts shall show in detail the financial transactions
of all departments. So far as is practicable, the books of financial
account for all departments shall be kept in the office of the depart-
ment of finance. Accounting procedure shall be devised and main-
tained for the city, adequate to record in detail all transactions affecting
the acquisition, custody and disposition of values, including cash re-
ceipts and disbursements. The director of finance shall cause a monthly
statement to be presented to the council at a regular meeting in each
month showing the aggregate receipts and expenditures of each de-
partment of the city for the preceding month, and such statement shall
be published by the council in such manner as they may see fit.

At the end of each fiscal year the council shall cause to be printed
an annual report in pamphlet form, giving a classified statement ot
all receipts and expenditures, assets and liabilities of the city, a de-
tailed comparison of the revenues and expenditures for such year
with those of the preceding year, a summary of the financial proceed-
ings of the council and a summary of the financial operations of the
administrative departments for the preceding twelve months. The
said report shall contain a certificate by the certified public accountant
mentioned in section seventy-two of this act, to the effect that the
financial statement contained therein is a true and accurate statement
of the financial condition of said city as shown by the books of ac-
count of the several departments thereof. A copy of this report shall
be furnished to any citizen who may apply therefor at the office of
the city clerk.

sec. 74. The council may from time to time in its discretion
fix the beginning and ending of the fiscal year.

At least sixty days before the end of each fiscal year, the city
manager shall prepare and submit to the council an annual budget for
the ensuing fiscal year, based upon detailed estimates furnished by
the several departments and other divisions of the city government,
according to a classification as nearly uniform as possible. The budget
shall present the following information:

(a) An itemized statement of the appropriations recommended,
with comparative statement in parallel columns showing appropriations
made for the current and next preceding year.

(b) An itemized statement of the taxes required and of the est1-
mated revenues of the city from all sources for the ensuing fiscal year,
with comparative statements in parallel columns of the taxes and
other revenues for the current and next preceding year and of the
increases or decreases estimated or proposed.

(c) <A fund statement showing condition of the various appropria-
tions, the amount of appropriations remaining unencumbered and the
amount of revenues remaining unappropriated.

(d) Explanatory text relative to the conditions, reasons, and so
forth, connected with the estimates for the ensuing fiscal year; also
a work program showing the undertakings to be begun and those to
be completed during the next fiscal year and each of the several fiscal
years in advance.

(e) <A statement of the tinancial condition of the city, and

(f) Such other information as may be required by the council.

Copies of such budget shall be printed and available for distribution
not later than two weeks after its submission to the council, and a
public hearing shall be given thereon by the council before final action.

Sec. 75. At least thirty days before the end of each fiscal year,
the council shall pass an annual appropriation ordinance which shall
be based on the budget submitted bv the city manager, and shall levy
such tax as shall not be in conflict with the general law for the ensuing
fiscal year as may be necessary to meet the appropriations made and
all sums required by law to be raised for account of the city debt,
together with such addition, not exceeding five per centum, as may be
necessary to meet the commissions, fees and abatements from the esti-
mates in the amount of taxes collected. The total amount of appro-
priations shall not exceed the estimated revenues of the city.

The present council shall, before May first, nineteen hundred and
twenty, prepare the usual annual budget and shall impose the custom-
ary license taxes and shall lav a levy for the fiscal vear beginning
July first, nineteen hundred and twenty, of not less than the levy for
the preceding fiscal vear, and shall not, during July and August, nine-
760 ACTS OF ASSEMBLY. [vr

teen hundred and twenty, expend funds or incur obligations amount.
ing to more than one-sixth of the budget so prepared.

Sec. 76. At the close of each fiscal year, or upon the completicn
or abandonment at any time within the year of any work, improve-
ment or other object for which a specific appropriation has been made
the unencumbered balance of each appropriation shall revert to the
respective fund from which it was apppropriated and shall be subject
to further appropriation ; except that balances due, or to become due.
on contracts for public improvements shall not so revert. No money
shall be drawn from the treasury of the city, nor shall any obligation
for the expenditure of money be incurred, except pursuant to the
appropriations made by the council.

Sec. 77. Payments by the city shall be made only upon vouchers
certified by the head of the appropriate department or other division
of the city government, and by means of warrants on the city treas-
urer issued by the director of finance and countersigned by the city
manager. During such time as the city manager shall act as director
of finance, such warrants shall be issued by the city auditor and
countersigned by the city manager. The director of finance, or, if
the city manager be acting as director of finance, then the city auditor,
shall examine all pay rolls, bills and other claims and demands against
the city; and shall issue no warrant for payment unless he finds that
the claim is in proper form, correctly computed and duly certihed;
that it is justly and legally due and payable; that an appropriation has
been. made therefor which has not been exhausted, or that the payment
has been otherwise legally authorized; and that there is money in the
city treasury to make payment. The city manager or the city auditor,
as the case may be, may require any claimant to make oath to the
validity of a claim; may investigate any claim, and for such purposes
may examine witnesses under oath; and if such claim be found frau-
dulent, erroneous or otherwise invalid, shall not issue a warrant there-
for.

Sec. 78. No contract, agreement or other obligation involving
the expenditure of money shall be entered into, nor shall any ordinance,
resolution or order for the expenditure of money be passed by the
council or be authorized by any officer of the city, unless the city
auditor shall first certify to the council or to the proper officer as
the case may be, that the money required for such contract, agreement.
obligation or expenditure, is in the city treasury to the credit of the
fund from which it is to be drawn, and not appropriated for any
other purpose, which certificate shall be filed and preserved. The
sum so certified shall not thereafter be considered unencumbered, until
the city is discharged from the contract, agreement or obligation.

sec. 79. All monies actually in the treasury to the credit of the
fund from which they are to be drawn and all monies applicable to the
payment of the obligation or appropriation involved that are anticipated
to come into the treasury before the maturity of such contract, agree-
ment or obligation, from taxes, assessments, or license fees, for the
purpose of such certification shall be deemed to be in the treasury to
the credit of the proper fund and subject to such certification.
1920. ] ACTS OF ASSEMBLY. 761

Sec. 80. There shall be one city clerk who shall be elected by the
council as, and for the term, herein provided and until his successor
be elected and qualified, unless sooner removed. He shall receive
such salary as shall be fixed by the council.

Sec. 92. On or before the first day of December, nineteen hundred
and twenty, and on or before the first day of December of every
fourth year thereafter, the corporation court of said city, or the judge
thereof in vacation, shall appoint for said city one justice of the peace
for each ten thousand or fraction thereof of the inhabitants thereof,
as shown by the last United States census, but in no event less than
four justices, each of whom shall serve for a term of four years from
the first day of January next following the date of his appointment,
and until his successor shall have been appointed and qualified. The
said justices of the peace shall be selected from different parts of the
city in the several parts thereof. The justices of the peace in office
at the time this act becomes effective shall continue in office until the
first day of January, nineteen hundred and twenty-one, when their
respective offices shall become vacant.

Sec. 94. There shall be one city attorney who shall be the director
of the department of law. He shall be elected by the council as and for
the term in this act provided. He shall commence and prosecute all
and every suit or suits, action or actions brought by the city for or
on account of the estate, rights, trusts, privileges, claims, or demands
of the same, and defend all actions or suits brought against the city
or any official thereof before any court of this Commonwealth. All
matters of law to which the city may be a party, or in anywise in-
terested, shall be under his supervision, direction and control, subject
to the direction of the council.

No action shall be maintained against the city for damages for an
injury to any person or property alleged to have been sustained by
reason of the negligence of the city, or of any officer, agent or em-
ployee thereof, unless a written statement, verified by the oath of the
claimant, his agent or attorney, of the nature of the claim and of the
time and place at which the injury is alleged to have occurred or been
received, shall be filed with the city manager of said city within thirty
days after such cause of action shall have accrued. The city manager
shall, upon receiving such statement, make a full report of the cir-
cumstances to the city attorney for appropriate action.

Sec. 95. He shall, when required, furnish the council, the city
manager and the head of any department with his written opinion
upon any subject which may be submitted in writing to him.

Sec. 96. He shall at least once in each month make a report to
the city auditor of all monies received by him by virtue of his office,
and immedfately pay the same to the city treasurer.

Sec. 97. The city attorney shall, when so directed by the council,
by ordinance or resolution, apply in the name of the city to a court
of competent jurisdiction for such injunction or injunctions as may
be necessary to restrain and prevent the misapplication of the funds
of the city, or the invasion or abuse of its corporate powers, or the
usurpation of authority by any city official. or the execution or per-
formance of any contract made in behalf of the city in contravention
of law, or which was procured by fraud or corruption; and he shall
perform such other duties as may be required of him by ordinance or
resolution of the council.

Sec. 98. The head of the department of public works shall be
known as the director of public works. He shall be by profession an
engineer who has had experience in municipal engineering. Subject
to the supervision and control of the city manager in all matters, he
shall manage and have charge of the construction, improvement, re-
pair and maintenance of streets, sidewalks, alleys, lanes, bridges.
viaducts and other public highways; of sewers, drains, ditches, culverts,
canals and streams and water courses; of all public landings, public
wharves and docks; of all public buildings, boulevards, squares and
other public places and grounds belonging to the city or dedicated
to public use; of the establishment, development and maintenance of
parks, playgrounds and cemeteries, but not the management and super-
vision of such parks, playgrounds and cemeteries; and shall manage
all sewage disposal and reduction plants and all other public utilities
owned or operated by the city. He shall have charge of the enforce-
ment of all the obligations of private owned or privately operated pub-
lic utilities enforceable by the city. He shall have charge of the making
and preservation of all surveys, maps, plans, drawings and estimates
for any public work, and shall also have charge of the cleaning, sprink-
ling and lighting of the streets and public places, the collecting and
disposal of waste, and the preservation of contracts, papers, plans,
tools, applications and equipment belonging to the city, and pertaining
to said department.

The director of public works shall perform such other duties relat-
ing to hts department as may be required of him by the city manager.

The council may by ordinance provide for the establishment and
organization within the said department and subject to the supervision
of the director thereof, of a division of surveying and of such other
divisions or bureaus as the council may see fit, and may distribute the
functions and duties of said department among such divisions or
bureaus as it may deem expedient. The head of the division of survev-
ing shall be by education a civil engineer. All of his acts in the matter
of surveys shall be as valid and effectual as are the acts of a county
surveyor done within his county. The fees for such services as may
be required of him in the capacity of surveyor shall be collected in
advance by him and turned into the city treasury. He shall give bond
in such penalty as the council may by ordinance provide.

Sec. 99. Whenever any streets, alley or lane shall have been
opened to and used as such by the public for the period of five years.
the same shall thereby become a street, alley or lane for all purposes.
and the city shall have the same authority and jurisdiction over and
right and interest therein as it has by law over the streets, alleys and
lanes laid out by it. And any street or alley reserved in the division
or sub-division into lots of any portion of the territory within the
corporate limits of the city by a plat or plan or record shall be deemed
and held to be dedicated to the public use, and the council shall have
authority, upon the petition of any person interested therein, to open
such street or alley, or any portion of the same. No agreement be-
tween or release of interest by the person owning the lands imme-
diately contiguous to any such alley or street, whether the same has
been opened and used by the public or not, shall avail or operate to
abolish said alley or street, so as to divest the interest of the public
therein, or the authority of the council over the same. No property
within the corporate limits of said city shall be laid out by the owner
thereof with streets or alleys thereon; except upon a plan to be ap-
proved by the director of public works. Notwithstanding anything in
this section contained, the said city shall not be liable for any accident
which may occur upon any street, alley, boulevard or way, whether
heretofore or hereafter laid out, until the said street, boulevard, alley
or way shall have been accepted by the council.

Sec. 100. The city purchasing agent shall, in manner provided by
ordinance, and under the supervision of the director of finance, pur-
chase all supplies for the city, and sell all personal property of the
city that may have been condemned as useless by the director of a
department. He shall have charge of such storerooms and storehouses
of the city as may be provided by ordinance, in which shall be stored
all supplies and materials purchased by the city and not delivered di-
rectly to the various departments, and he shall inspect or cause to be in-
spected all supplies delivered to determine quality and quantity and
conformity to specifications, and no voucher shall be honored unless
the accompanying invoice shall be indorsed as approved by the city
purchasing agent. |

The city purchasing agent mav require from the director of each
department, at such times as contracts for supplies are to be let, a
requisition for the quantity and kind of supplies to be paid for from
the appropriation of the department.

Upon certification that funds are available in the proper appro-
priations such goods shall be purchased and shall be paid for from
funds in the proper department for that purpose. However, this pro-
cedure shall not prevent the city purchasing agent from purchasing
goods for cash to the credit of the store’s account to be furnished
the several departments on requisition, goods so furnished to be paid
for by the department furnished therewith by warrant made payable
to the credit of the store's account.

The city purchasing agent shall not furnish any supplies to or
purchase any supplies for any department unless there be to the credit
of such department an available appropriation balance in excess of all
unpaid obligations sufficient to pay for such supplies.

Before making any purchase or sale, the city purchasing agent
shall give Opportunity for competition, all proposals to be upon pre-
cise specifications, and under such rules and regulations as the council
shall establish. Whenever practicable, the city purchasing agent shall
furnish standard specifications and invite bids or proposals on the
basis thereof. Fach order of purchase or sale to be approved and
countersigned by the city manager or the person discharging hts duties
for the time being.
In cases of emergency, purchases may be made without competition.
if a sufficient appropriation has theretofore been made against whic:
such purchases may lawfully be charged. In such cases a copy 0%
the order issued shall be filed with the city purchasing agent, togethe-
with a certificate by the head of the department, stating the facts con-
stituting the emergency. A copy of this certificate shall also be at-
tached to and filed with the voucher covering payment for the supplies.

Sec. 101. The council may, in the name, and for the use, of the
city, contract debts and make and issue or cause to be made and issued
as evidence thereof, bonds, notes or other obligations upon the credit
of the city, or otherwise as provided by law; provided that no bone
shall be for a longer term than the probable life of the improvement
for which the bonds are issued, as determined by the council by ordi-
nance, and provided further, that all bonds so issued shall be either
serial bonds or sinking fund bonds.

Sec. 103. All contracts for the erection and construction of public
improvements shall be let to the lowest responsible bidder, but the
council, in its discretion, may reject any or all bids, and notice shall
be given thirty days before the work is finally let by advertisement i
one or more newspapers, and the party to whom said contract shall
be let shall give such bond as the council may require; but in no event
shall any contract be let to any member of the council or other officer
of the city government, nor shall any member have any interest in
said contract; provided, however, that the council may have such
work done and public improvements made under its immediate direc-
tion in any case involving expenditures of sums not exceeding one
thousand dollars, and may employ such superintendents, mechanics.
laborers and teams and purchase such material as may be necessary
therefor.

After bids shall have been advertised for and received for making
any public improvement or doing any public work, the council may
authorize the making of such improvement or doing of such work by
the direct employment of the necessary labor and purchase of the
necessary materials and supplies on the basis of detailed estimate:
submitted by the department authorized to execute such work or im-
provement; provided the probable cost of such work or improvement
as shown by such estimates is less than the bid of the lowest responsible
bidder for the same work or improvement, and provided further that
the city manager shall certify in writing to the council that in his
opinion the cost of making such improvement or doing such work will
not exceed the said estimate. Separate accounts shall be kept of al!
work and improvements so done or made.

In an emergency requiring immediate action, the city manager ma\
cause any such improvement to be made or other public’ work to be
done by direct employment of the necessary labor and purchase of the
necessary material and supplies without previously advertising for or
receiving bids therefor. Every such case shall be reported by him
in writing to the council at its next regular meeting with a statement
of the facts constituting such emergency. Separate accounts shall be
kept of all such work; provided, that nothing in this or the next pre-
ceding section shall prevent the said city from doing maintenance and
repair work by direct labor and from maintaining a reasonable force
of men for that purpose.

When it become necessary in the prosecution of any work or im-
provement under contract to make alterations or modifications of such
contract, such alterations or modifications shall be made only on the
order of the city manager. No such order shall be effective until the
price to be paid for the work and materials, or both, and the credits,
if any, to be allowed the city, under the altered or modified contract,
shall have been agreed upon in writing and signed by the contractor
and by the city manager.

2. That sections two and ninety-three of said act be and they
are hereby repealed.

3. That the following sections be and they are hereby added to
this chapter.

Sec. Ida. Any vacancy in the council, except such as may occur
through the recall of more than one member shall be filled by the re-
maining members. No person shall be deemed to be elected, unless he
shall receive a majority of the votes of the remaining members. Not
more than two vacancies due to causes other than recall or resignation
during recall proceedings shall be filled at one time by the council.
Vacancies due to the recall of two or more members, or to the resigna-
tion of two or more members during recall proceedings, or to other
causes affecting more than two members, shall be filled according
to the provisions of section nine of this act. If, in any case, the
council shall fail to fill any vacancy therein for a period of thirty
days after said vacancy occurs, such vacancy shall be filled by the vote
of the people at a special election called for that purpose; but nothing
in this clause shall be construed as prohibiting any appointee to fill a
vacancy from being a candidate in said election.

Sec. 55a. Any proposed ordinance or ordinances, including ordi-
nances for the repeal or amendment of an existing ordinance, may be
submitted to the council by petition signed by qualified voters equal in
number to ten per centum of the number of electors who cast their
vote at the last preceding regular municipal election for the election
of councilmen. Such petition shall contain the proposed ordinance in
full and shall have appended thereto, or written thereon, the names
and addresses of at least five qualified voters, who shall be officially
recorded. as filing the petition, and who shall constitute a committee
of the petitioners for the purpose hereinafter stated.

All papers comprising the petition shall be assembled and filed with
said clerk as one instrument within one hundred and twenty days
from the date of the first signature thereon; and when so filed, the
clerk shall submit the same to the council at its next regular meeting,
and provision shall be made for public hearings upon the proposed
ordinance.

The council shall at once proceed to consider such petition and shall
take final action thereon within thirty days from the date of the sub-
mission thereof. If the council rejects the proposed ordinance, or
proposes it in a form different from that set forth in the petition, or
fails to act finally on it within the time stated, the committee of the
petitioners may require that it be submitted to a vote of the electors
in its original form, or that it be submitted to a vote of the elector:
with any proposed change, addition or amendment by the following
procedure :

Said committee shall present to the clerk of the corporation court
of said city a petition for such election, addressed to said court and
signed by qualified voters equal in number to twenty-five per centum
of the number of electors who cast their votes at the last preceding
regular municipal election for the election of councilmen. The sat’
petition shall contain the proposed ordinance in full, in the form in
which it 1s proposed to submit the same to the electors. The saic
petition and all copies thereof shall be filed with the clerk of said court
as one instrument. Within ten days after the filing thereof, the
said clerk shall ascertain and certify thereon whether the required
number of qualified voters have signed the same. If it be found that
the required number of qualified voters have signed the said petition.
then the said petition, with the certificate of the said clerk thereon.
shall be presented by said committee to the corporation court of said
city, or to the judge thereof in vacation; and thereupon the said court.
or the judge thereof in vacation, shall forthwith enter an order calling
and fixing a date for holding an election for the purpose of submitting
the proposed ordinance to the electors of said city. Any such election
shall be held not less than thirty, nor more than sixty, days after the
date of the entering of said order. If any other election is to be held
within the said period, said court, or the judge thereof in vacation.
shall direct that such proposed ordinance shall be submitted to a vote
of the electors at such election. At least ten days before any such
election, the clerk of the said court shall cause such proposed ordinance
to be published once in one or more newspapers of general circulation
published in said city.

The ballots used when voting upon any such proposed ordinance
shall state the title of the ordinance to be voted on and, below said title.
the following propositions in the order here set forth:

“For the ordinance.”

‘Against the ordinance.”

In any such election the voter shall draw a line, with a pen or
pencil, through the proposition he does not wish to vote for, leaving
the proposition he does wish to vote for unscratched.

If a majority of the electors voting on such a proposed ordinance
shall vote in favor thereof, it shall, upon the ascertainment and cert!-
fication of the result of such election by the commissioners of election.
be ordained by the council of said city at its next regular meeting as
an ordinance of the city.

Sec. 99a. The head of the department of public welfare shall be
known as the director of public welfare.

Subject to the supervision and control of the city manager in al!
matters, he shall administer the affairs of his department, which shal!
include the management and supervision of all charitable, correctiona!
and reformatory institutions and agencies belonging to the city, in-
cluding the city farm; the use of all recreative facilities of the city,
including parks and playgrounds other than school playgrounds; the
management and supervision of cemeteries; the maintenance and
preservation of shade-trees and shrubbery; the inspection and super-
vision of all public amusements and entertainments; and of the places
where the same are held; the enforcement of all laws, ordinances and
regulations relative to the preservation and promotion of the public
health; the prevention and restriction of all disease, including the
enforcement in time of threatened epidemic of such quarantine and
isolation regulations, as are appropriate to the emergency; the pre-
vention, abatement and suppression of nuisances; the sanitary inspec-
tion and supervision of the production, transportation, storage and sale
of food and foodstuffs; the inspecting, testing, measuring and weigh-
ing of any commodity or article of consumption or use within the
city, as well as the inspection of weights, measures and meters used
for the purpose aforesaid. The said department shall keep a complete
and accurate system of vital statistics.

The council may provide for the establishment and organization
within the said department, and subject to the supervision of the direc-
tor thereof, of the following divisions or bureaus:

(a) Bureau of public health; which shall be charged with the
conservation of the public health, with the supervision, management
and control of all hospitals, municipal clinics and dispensaries, of all
detention or isolation stations for contagious diseases, with the sani-
tary supervision of the city water supply; the sanitary inspection of all
plumbing, buildings, grounds and premises, including public buildings
and public school buildings; the physical inspection of the pupils of
public schools, and the administration to such pupils of such medical
and surgical supervision and attention as the council may by ordinance
provide; the sanitary inspection and supervision of the production,
transportation, storage and sale of all food and foodstuffs and of all
articles and things intended for human consumption; and the keeping
of a complete record of vital statistics.

The superintendent of the bureau of public health shall be the health
officer of the city: He shall be a graduate of a recognized medical
school and shall give his entire time to the duties of his position. He
shall have such assistants as the council may by ordinance provide.

(b) Bureau of markets, which shall be charged with the super-
vision, management, and control of all public markets; and with the
collection of all market fees, and the proper accounting for the same.

(c) Bureau of recreations and charities, which shall be charged
with the supervision and control of all charitable, correctional and
reformative institutions belonging to the city, and of all recreational
facilities of the city, including parks and playgrounds, other than
school playgrounds; with the management and supervision of ceme-
teries and also with the inspection and supervision of all public amuse-
ments and entertainments and of the places where the same are held.

The director of public welfare shall endeavor to correlate all pri-
vate and public charities within said city, and so far as is practicable
to avoid duplication of effort.
The council shall make no appropriation of public funds toward:
the maintenance and support of any private charity, except upon con.
dition that the city shall have representation upon the board of direc-
tors, board of managers or other governing body of such private
charity, and that a detailed financial report, showing all receipts and
disbursements by such private charity shall be made to the director o:
public welfare at least once in each year. But nothing herein shall be
construed to prevent the city from contracting with any private hospt-
tal or similar institution for the care of indigent sick or injured persons
or for other services.

The director of public welfare, or such other person within said
department as he may designate, shall represent the city on the board
of directors, board of managers, or other governing body of any
charity to which public funds shall have been contributed upon the
conditions aforesaid.

(d) Bureau of standards, which shall be charged with the in-
spection and testing of all weights, scales, meters and measures for
the weighing or measuring of any article or commodity of consumption
or use within the city, including the inspection and testing of the quality
and sufficiency of electric current, gas and water, and of meters used
in measuring same. It shall be the duty of said bureau to formulate
rules and regulations prescribing which commodities shall be sold by
weight and which by measure, and the kind of measure, and to enforce
said rules and regulations.

The council may by ordinance add to the functions and duties of
the said several divisions or bureaus; or rearrange and group the said
functions as said council may deem expedient.

Séc. 116a. Upon the extension of the city limits, all public utilities
within the annexed territory, and all extensions or public utilities made
within the city limits, shall become a part of the aggregate property
of such public utility, shall be operated as such and shall be subject to
all the obligations and reserved rights contained in this charter and in
any original grant hereafter or heretofore made. The right to use
and maintain any such extension or any portion of said public utility
within the annexed territory shall terminate with the original grant.

Sec. 120. For the purpose of school administration, from and
after September first, nineteen hundred and twenty, the entire citv
shall constitute one school district.

Sec. 121. On or before the first day of June, nineteen hundred
and twenty-one, the council shall elect five school trustees, from the
city at large, one of such trustees to serve for the term of one year.
two for the term of two years and two for the term of three years,
from the tirst day of July, nineteen hundred and twenty-one, and until
their respective successors shall have been duly elected and qualited.
On or before the first dav of June of each year thereafter, the council
shall clect one or two trustees, as may be necessary to fill the vacancy
or vacancies then occurring, to serve for the term of three years from
the first day of July next following the date of his or their election
and until his or their successors shall be duly elected and qualitied.
Any vacancy occurring in the school board shall be filled by the council
for the unexpired term. The several school trustees in‘office when
this act takes effect shall continue in office until the first day of July,
nineteen hundred and twenty-one, when their terms shall expire. Each
school trustee shall, at the time of his election, be a resident of the
city. He shall, before entering upon the duties of his office, take and
subscribe before some officer authorized to administer oaths, the oaths
prescribed for State officers and shall file said oaths in the office of
the city clerk. No person ineligible as school trustees under the laws
Of the State shall be elected a school trustee of the said city.

Sec. 122. The said school board shall, on the first days of the
months of January and July in each year, transmit to the council and
to the director of finance a detailed statement of all money received
by said board or placed to its credit and all monies disbursed by said
board during the preceding six months, whether such monies shall
have been appropriated by the council or-received from any other
source for the purposes of public education. Separate accounts shall
be kept by the said board of the monies appropriated by the council
which shall show the balance of each class of funds on hand under the
control of said board as of the date thereof. The said school board
shall each year prepare and submit to the city manager for his infor-
mation in making up the annual budget a detailed estimate of the
amount of money required for the conduct of the public schools of the
city for the ensuing school year, with an estimate of the amount of all
funds which will probably be received by said board for the purpose
of public education from sources other than appropriations by the
council.

Sec. 123. Prior to the first day of December, nineteen hundred
and twenty, the council shall elect three qualified voters to constitute
the civil service commission of said city, who shall be elected for
terms of two, four and six years respectively from the first day of
January, nineteen hundred and twenty-one, and until their respective
successors shall have been elected or qualified; and prior to the first
day of December of every second year thereafter, the council shall
elect the qualified voter as a member of the said commission who shall
serve for the term of six years from the first day of January next
following the date of his election, and until his successor shall have
been elected and qualified. The commission may receive such com-
pensation as the council may determine.

The commission shall elect one of its members president and two
commissioners shall constitute a quorum for the transaction of business
at any meeting thereof. It shall appoint as secretary to the commis-
sion a man who, by education and experience, is qualified to conduct
the ordinary examination required herein. Each commissioner before
entering upon the duties of his office shall take the oath prescribed
by the Constitution of this State. Any vacancies in the commission
shall be filled by election by the council for the remainder of the un-
expired term.

The civil service commission shall classify all the officers and places
of employment in the city with reference to the examinations herein-
after provided for, except those offices and places mentioned herein.
The offices and places so classified by the commission shall constitute
the classified civil service of the city, and no appointment to any such
offices and places shall be made except according to the rules hereinafter
mentioned.

The civil service commission shall prescribe, amend and enforce
rules for the classified service, which shall have the force and effect
of law, shall keep minutes of its proceedings and records of its exami-
nations, and shall make investigations concerning the enforcement an::
effect of said rules. It shall make an annual report to the council.

Rules shall provide: |

(1) For the classification of all positions in the classified service.

(2) For open, competitive examination to test the relative fitness
of the applicants for such positions.

(3) For public advertisement of all examinations at least ten days
in advance in at least one newspaper of general circulation, published
in the city of Newport News.

(4) For the creation of eligible lists upon which shall be entered
the names of successful candidates in the order of their standing
in the examination. Selections for positions to be filled in the classified
service shall be made from the five standing highest on said list. Such
lists shall remain in force not longer than two years.

(5) For the rejection of candidates or eligibles who fail to com-
ply with the reasonable requirements of the commission in regard
to age, resident, sex, physical condition, or who have been guilty ot
crimes or of infamous or disgraceful conduct, or who have attempte:
any deception or fraud in connection with an examination.

(6) For the furnishing of the eligible list to the city manage:
or other appointing power.

(7) For a period of probation not to exceed six months, before
appointment or promotion is made complete, during which period a
probationer may be discharged or reduced at the will of the city man-
ager. After such period of probation no officer or employee in the
classified service shall be reduced in rank, removed or dischargec
except for cause and on written charges, and after an opportunity ta
be heard in his own defense. Such charges shall be investigated ana
disposed of by the city manager, whose decision shall be final.

(8) For non-competitive examination for menial positions in the
city’s institutions when competition is found to be impracticable.

(9) For temporary employment by the city manager, without
examination, but no such temporary employment shall continue longer
than 60 days, nor shall successive temporary employments be allowed.

(10) For transfer from one position to a similar position in the
same class and grade, and for re-instatement within one year of per-
sons who, without fault or delinquency, are dismissed from the ser-
vice or reduced.

(11) For promotion, based on competitive examination and rec-
ords of efficiency, character, conduct and seniority. Lists shall be made
and promotions made therefrom in the same manner as prescribed for
original appointment. An advancement in rank or increase in salary
beyond the limit fixed for the grade by the rules shall constitute pro-
motion. Whenever practicable, vacancies shall be filled by promotion.
(12) For the appointment of unskilled laborers and such skilled
laborers as the commission may determine and after such test of fit-
ness as the commission may prescribe.

All applicants for offices or places in the classified service, except
as otherwise provided in this act, shall be subjected to examination,
which shall be public, competitive and free to all persons eligible
under the law, with specified limitations as to residence, age, health,
habits and moral character. Such examinations shall be practicable
in their character, and shall relate to those matters which will fully
test the relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed, and shall
include tests of physical qualifications and health, and, when appro-
‘priate, of manual skill. No questions in any examination shall be
relative to political or religious opinions or afhliations. The commis-
sion shall control all examinations and may, whenever an examination
1s to take place, unless the same is to be conducted by the secretary,
designate a suitable number of persons, either in or not in the official
service of the city, to be examiners, and it shall be the duty of such
examiner, and, if in the official service, it shall be a part of their official
duty, without extra compensation, to conduct such examination as the
commission may direct, and to make return or report thereof to said
commission, and the commission may at any time substitute any other
person, whether or not in such service, in the place of any one so
selected; and the members of the commission may themselves at any
time act as examiners, and without appointing examiners.

Officers who are elected by the people, or who are elected or
confirmed by the council, pursuant to this act, members of the schoo}
board, the teachers in the public schools and all other persons so em-
ployed by said school board, heads of the administrative departments
of the city, and heads or chiefs of bureaus and divisions within said
departments, members of the law department and civil service ex-
aminers, shall not be included in such classified service; provided,
however, that the council may by ordinance provide that the health
officer of said city and such of his trained medical assistants as may
be required to give full time to the duties of their positions shall be
included in the classified sérvice.

In case of the vacanacy in a position requiring peculiar and excep-
tional qualifications of a scientific, professional or expert character,
upon satisfactory evidence that competition 1s impracticable and that
the position can best be filled by the selection of some designated per-
son of recognized attainments, the civil service commission may, after
public hearing and by the affirmative vote of all three commissioners
suspend competition, but no such suspension shall be general in its
application to such position, and all such cases of suspension shall be
‘eported, together with the reasons therefor in the annual report of
the commission.

All persons in the city service, who at the time this act takes effect,
hold positions in the classified service as established pursuant to the
provisions hereof shall be deemed to be on probation for six months
from that date in accordance with the provisions of this section. If
retained at the completion of the period of probation they shall hol<
their positions until discharged, reduced, promoted or transferred in
accordance with the provisions of this act.

The civil service commission shall maintain a list of all persons
in the classified service showing in connection with each name the po-
sition held, the date and character of every appointment and of every
subsequent change in status. The head of each administrative depart-
ment shall promptly transmit to the commission all information re-
quired for the establishment and maintenance of said list.

Neither the city treasurer nor any other disbursing officer ‘shall pay
any salaries or compensations for services to any person holding or
performing the duties of a position in the classified service unless the
persons paid shall have been appointed or employed and are perform-
ing service in accordance with the provisions of this act relating
to civil service and of the rules established thereunder. It shall be
the duty of the civil service commission to furnish the treasurer and
all other disbursing officers a list of all persons in the classified service,
together with the changes from time to time.

Any taxpayer of the city may maintain an action in the name of
the city in any civil court of record to recover in its behalf any sums
paid contrary to the provisions of this section from the person or per-
sons making such payment or to enjoin the payment of any sums of
money in violation hereof.

No person in the classified service or seeking admission thereto
shall be appointed, promoted, reduced or removed, or in any way fav-
ored or discriminated against because of his political or religious
opinions or affiliations.

No officer or employee of the city shall, directly or indirectly, solicit
or receive, or be in any manner concerned in soliciting or receiving, any
assessments, subscriptions or contribution for any political party or
political purposes whatever, or for a testimonial for any official. No
person shall, orally, or by letter, solicit, or be in any manner concerned
in soliciting any assessment, subscription or contribution for any politi-
cal party or purpose whatever from any person holding a position in
the classified service.

No person holding a position in the classified service shall take
any part in political management or in political campaign other than
to cast his vote and to express privately his opinion.

Any person wilfully violating anv of the provisions of this section
shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not less than ten nor more than one hundred
dollars and may in addition be removed from office, and any person
obtaining his appointment or promotion through such violation shall
be removed from office.

The council shall appropriate each year a sum of money sufficient
to defray the expenses of the civil service commission, and the city

manager shall include the same in the annual budget.

Within thirty days after the first day of January, nineteen hundred
and twenty-one, and within thirty days after the first day of January
of each succeeding year the civil service commission shall make a
report to the council showing its own action, the rules enforced, the
practical effects thereof, and any suggestions it may have for the 1m-
provement of the classified sertice. The council may require a report
from said commission at any other time.

Sec. 124. The jurisdiction over all offenses against ordinances of
the city or laws of the State committed upon any land owned, leased
or controlled by the city and situated outside the corporate limits
thereof and of all actions at law or suits arising thereon, out of or in
connection with said property, shall be had and exercised by either the
appropriate court of the city or of the county in which said land lies.

Sec. 125. The corporation court of said city shall have exclusive
jurisdiction of offenses under sections nine, fifty-seven, one hundred
and twenty-five and one hundred and twenty-three of this act, except
for removal from office. Prosecutions under said sections may be
begun by presentment, indictment or information.

No person shall:

(a) Falsely impersonate another in the signing of any nominating
petition or petitions for the initiative, referendum or recall; or forge
any name thereto; or deface, destroy or remove from any of the places
designated in this act any copy of a petition for recall, with intent to
interfere with or defeat such recall.

(b) Sign any nominating petition or petitions for initiative, refer-
endum or recall with knowledge that he is not a qualified voter of the
city ; or purposely write his name or residence falsely in the signing of
any such petition; or sign, or intentionally permit to be signed, any
petition for recall at any other place that at one of the places herein-
before designated for the signing of such petitions; or employ or pay
another, or accept employment on the basis of the number of signatures
subscribed thereto, for circulating any petition permitted by this act
to be circulated. Any person violating any of the provisions of para-
graph (a) of this section shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars and imprisoned not less than
thirty days nor more than six months. Any person violating any of the
provisions of paragraph (b) of this section shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than two hundred dollars. The
foregoing provisions shall not be deemed or held to be exclusive of,
but in addition to, all laws of the State prescribing penalties for the
same offenses or for other offenses relating to the same matter.

Sec. 126. Upon the taking effect of this act on the first day of
September, nineteen hundred and twenty, all members of the present
council of said city and the mayor shall vacate office and their re-
spective offices shall be abolished. All persons holding office in the
said city whose term of office is affected by the terms of this act on
the first day of September, nineteen hundred and twenty, shall continue
in office and in the performance of their duties until provision shall
have been made in accordance with the provisions of this act for the
performance or discontinuance of the duties of any such office. When
such provisions shall have been made the term of any such officer shal!
expire and the office shall be ipso facto abolished. In case of dispute.
the council may by resolution declare when the functions and dutie:
of any such office or position have been provided for the said office or
position so abolished; and its decision thereon shall be final. The
powers which are conferred and the duties which are imposed upon
any officer,-board, commission or department of the city under the
laws of the State shall, if such office, board, commission or department
is abolished by this act, be thereafter exercised and discharged by the
officer, board, commission or department. upon whom are imposed
corresponding functions, duties and powers under the provision ot
this act.

~ Sec. 127. All contracts entered into by the city or for its benefit
prior to the taking effect of this act shall continue in full force and
effect. All public works begun prior to the taking effect of this act
shall be continued and completed hereunder. Public improvements for
which legislative steps shall have been taken under laws in force at
the time this act takes effect may be carried to completion in accord-
ance with the provision of such laws.

Sec. 128. The council may, at the request of the city manager.
appoint boards and commissions to be composed of such number of
citizens, regardless of sex, as the council may deem expedient to act in
an advisory capacity in conjunction with any one or more of the de-
partments created or authorized hereby. The members of all such
boards and commissions: shall serve without compensation.

Sec. 129. Subject to the general laws of the State regulating the
working of those convicted of offenses against the State, the council
shall have the power to provide by ordinance for the employment or
the working, either within or without the city limits, or within or
without any city prison or jail of all persons sentenced to confinement
in said prison or jail for the violation of the laws of the State of
Virginia or the ordinances of the city of Newport News.

sec. 130. The council of said city shall establish a fund or fund:
for the relief or pension of persons in the classified service of said
city; and may receive gifts, devises and bequests of money or property
for the benefit of such fund or funds, make contributions of public
montes thereto on such terms and conditions as it may see fit; and
may make rules and regulations for the management, investment and
administration of such fund or funds.

Sec. 131. If any clause, sentence, paragraph, or part of this act
shall for any reason be adjudged by any court of competent jurisdic-
tton to be invalid, such judgment shall not affect, impair or invalidate
the remainder of said act, but shall be confined in its operations te
the clause, sentence, paragraph or part thereof directly involved in
the controversy in which such judgment shall have been rendered.

sec. 132. It being necessary to hold a municipal election in said
city for the election of councilmen on the second Tuesday in June.
nineteen hundred and twenty, an emergency is hereby declared to exist.
and by reason thereof this act shall, for the purpose of nominating and
electing councilmen and authorizing the council to organize and to
1920. | ACTS OF ASSEMBLY. 775

employ a city manager as provided herein, be in effect from and after
the date of its passage. For all other purposes, said act shall take
effect on the first day of September, nineteen hundred and twenty,
and all other acts and parts of acts inconsistent with this act shall,
so far as they relate to this act, be and they are hereby repealed.