Chap. 367.—An ACT to amend the Code of Virginia by adding thereto six new
sections, numbered 2702-a to 2702-f, both inclusive, in relation to giving two
or more counties the right to employ, appoint, or elect conjointly ministerial
and executive officers, after the conjoint employment, appointment, or election
of such officers has been adopted, in accordance with section 110 of the Con-
stitution of Virginia, by a majority of the qualified voters of each such counties
voting in an election held for that purpose, and prescribing penalties. [S B 129]

Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, That the
Code of Virginia be amended by adding thereto six new sections num-
bered twenty-seven hundred and two-a to twenty-seven hundred and
two-f, both inclusive, so as to read as follows:

Section 2702-a. Any two or more adjoining or adjacent counties

may, as hereinafter provided and when deemed advisable by their re-
spective boards of supervisors (except when such officer is to be elected
by the people, when such consent on behalf of the board of supervisors
shall not be necessary), conjointly employ, appoint, or elect, in the
manner provided by law first a county road manager, second a county
road engineer, third a county health officer, fourth a county superin-
tendent of public welfare, and fifth any other ministerial or executive
officer permitted by section one hundred and ten of the Constitution of
Virginia, or any one or more of the said officers.
Section 2702-b. Every officer so employed, appointed, or elected,
by two or more counties, shall in each of said counties exercise all the
powers conferred and perform all the duties imposed upon the said
officer by law now in effect and as hereafter may be enacted.

Section 2702-c. Each officer so employed, appointed, or elected by
two or more counties shall receive such compensation as is provided
for by general law, or if none be so provided then such as may be al-
lowed by the boards of supervisors of the said counties. If the com-
pensation of such officer be not provided by general law, each of said
counties shall pay such portion of his salary as the said boards may
provide by agreement; in the absence of any such agreement, each
county shall pay that portion of the salary of the said officer, first if
he be a county health officer or a county superintendent of public wel-
fare, or any other officer except county road manager or county road
engineer, which the assessed valuation of the tangible property, real
and personal, assessed for local taxation in such county is of the total
assessed valuation of such property in all of the said counties, or sec-
ond if he be a county road manager or a county road engineer, that
portion of his salary (a) which the assessed valuation of the tangible
property, real and personal, assessed for local taxation in each such
county is of the total assessed valuation of such property in all of the
said counties and (b) which the county road mileage in such county is
of the total county road mileage in all of the said counties, equally
considered.

Section 2702-d. No county shall be permitted to employ, appoint,
or elect conjointly with any other county such officers or any of them,
until authority to do so has been conferred as provided in sections
twenty-seven hundred and two-e and twenty-seven hundred and two-f.

Section 2702-e. First. Upon a resolution passed by the board of
supervisors and filed with the circuit court of the county, or the judge
thereof in vacation, asking that a referendum be held on the question
of conjointly employing, appointing, or electing with one or more ad-
joining or adjacent counties or with one or more designated adjoining
or adjacent counties, the officers mentioned in section twenty-seven
hundred and two-a, or any one or more of them, the court or the judge
thereof in vacation shall by order entered of record, require, the regular
election officials at the next regular election, or on the day fixed in the
said order, to open a poll and take the sense of the qualified voters
of the county on the question submitted as herein provided. If a
special election is called it shall be held not more than sixty days nor
less than thirty days from the filing of the petition, but not within thirty
days of any general election.

Second. The regular election officers of the county at the time
designated in the order authorizing the vote, shall open the polls at the
various voting places in the county and conduct the election in such
manner as is provided by law for other elections. in so far as the same
is applicable. The election shall be by secret ballot, and the ballots
shall be prepared by the electoral board and distributed to the various
election precincts as in other elections. The ballots used shall be
printed to read as follows:

May the county employ, appoint, or elect, conjointly with one or
more adjoining or adjacent counties:

A county road manager?
YES
No
(Strike out one)

A county road engineer?
YES
No
(Strike out one)

A county superintendent of public welfare?
YES
No
(Strike out one)

If any other ministerial or executive officer is to be voted on, the
title of each such officer shall be printed on the said ballot in like man-
ner as above set forth. ,

If the resolution asks for a referendum as to employing, appointing,
or electing conjointly such officers, or any of them, with one or more
designated counties, the name or names of such counties shall appear
on the said ballot in lieu of the words “one or more adjacent or adjoin-
ing’ counties”; if the resolution does not ask for a referendum as to
each of the officers named, then the names of only those officers
referred to in the said resolution shall appear on the said ballot.

Third. The ballots shall be counted, returns made and canvassed
as in other elections, and the results certified by the commissioners of
election to the said circuit court or judge thereof in vacation. If it shall
appear by the report of the commissioners of election that a majority of
the qualified voters of the county voting are in favor of employing,
appointing, or electing any of the said officers conjointly with some one
or more adjoining or adjacent counties, the circuit court or the judge
thereof in vacation, shall enter of record such fact designating the
officer or officers that may be so employed, appointed or elected, and
if any county or counties be designated, the additional fact as to such
county or counties. ,

Fourth. Thereafter the said officer, or officers, whose conjoint
employment, appointment or election has been approved in said county,
may be employed, appointed, or elected in the said county conjointly
with one or more of the designated counties or, if none be so desig-
nated, with any adjoining or adjacent county in which his or their
conjoint employment, appointment or election has been approved.

Section 2702-f. (1) In lieu of a resolution by the board of super-
visors, a petition signed by not less than five per cent of the qualified
voters of said county which, in no case shall be less than one hundred
qualified voters of the county, may be filed with the said court or the
judge thereof in vacation asking for a referendum, in which case the
court or judge shall proceed and the election shall be held as in case
of a resolution passed and filed as provided in the preceding section.

(2) If in any election held pursuant to such a petition it shall
appear that a majority of the qualified voters of the county voting are
in favor of employing, appointing, or electing any one or more of the
said officers conjointly with one or more designated counties, or with
one or more adjoining or adjacent counties, and the power to employ,
appoint, or elect such officer or officers is vested in any officer, board,
or agency of the county, the proper officer, board, or agency of the
county in which the election is held shall, within six months after the
court or judge shall enter of record the results of such election, employ,
appoint or elect, as provided by law, the said officer or officers, con-
jointly with such other county or counties. Failure on the part of
the county officers charged with such employment, appointment or
election so to do, unless, authority to employ, appoint, or elect such
officer or officers conjointly has not been conferred in such other county
or counties, shall constitute misfeasance in office.

(3) Any county and any town therein may conjointly employ,
appoint, or elect, in the manner provided for the employment, ap-
pointment, or election of such officers, ministerial and executive officers,
who shall perform within the town like services as they perform for
the county. Counties which shall employ, appoint or elect any officer
in accordance with the provisions of this and the preceding five sec-
tions, may also employ, appoint, or elect such officers conjointly with
towns therein. |