Chap. 9.—An ACT to amend and re-enact section 3 of an act entitled an act to in-
corporate the town of Brookneal, in the county of Campbell, approved Febru-
ary 20, 1908, as last amended by an act approved March 24, 1926. [H B 21]

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Approved February 11, 1932

1. Be it enacted by the general assembly of Virginia, That section
three of an act entitled an act to incorporate the town of Brookneal, in
the county of Campbell, approved February twentieth, nineteen hun-
dred and eight, as last amended by an act approved March twenty-
fourth, nineteen hundred and twenty-six, be amended and re-enacted
so as to read as follows:

Section 3. First. The administration and government of the town
shall be vested in one principal officer, denominated the mayor, and
six councilmen, who shall constitute the town council, all of whom shall
be electors of the said town.
Second. The electors of the town shall be the actual residents
thereof for six months prior to any election, who are otherwise quali-
fied to vote for members of the general assembly, and have paid their
poll tax as required by law. |

Third. The municipal officers of the town, in addition to the
mayor, shall consist of a sergeant, a collector, a recorder and a treas-
urer, to be chosen by the town council, any two or more, or all, of
which officers may be held by the same person.

Fourth. The duties of all municipal officers, except as herein pro-
vided, shall be fixed by the town council, except that all of the said
officers shall be subject to all of the duties imposed upon them by
general law, now or hereafter.

Fifth. The compensation of the mayor and all other municipal
officers, agents and employees shall be fixed by the town council.

Sixth. The town council shall have the right to appoint and em-
ploy such other officers, agents and employees as it may deem neces-
sary and proper for any of the business of the town.

Seventh. All officers appointed by the council or elected by the
electors may be removed by the council. However, no officer so ap-
pointed or elected shall be removed unless and until reasonable notice,
in writing, shall have been given him of the charges against him, and
he shall be entitled to a public hearing before the council. Notice of
the said charges shall be given by the mayor to the officer in question
at least ten days before such hearing. At such hearing, evidence may
be introduced for and against the removal of such officer, and if two-
thirds of the members elected to the council believe that such officer
should be removed for cause, and shall so vote by a recorded vote on
the minute book of the council, the said officer shall stand removed.
Pending such public hearing, the officer under charges may be sus-
pended by the mayor or by the council by a majority vote.

Eighth. If the mayor shall die, or otherwise become incapacitated
or shall move away from the said town, his place shall be filled by the
council, within thirty days from the time that such office becomes
vacant. ,

Ninth. The council shall have the right to fill any vacancy in any
office of the town arising from any cause.

Tenth. If a member of the council die or otherwise becomes in-
capacitated, his place shall be filled by the council at its next regular
meeting or at such other meeting as the council may designate.

Eleventh. No person shall hold office in the said town until he
shall have taken the oath prescribed by the laws of the Commonwealth
of Virginia for such officers. The oath shall be taken before the
clerk of the circuit court of Campbell county, and a copy thereof de-
livered by the said clerk to the recorder and treasurer of the said
town, to be filed in the records of the said town. If any such officer
shall fail to take such oath, and such failure shall continue for thirty
days after the time he would have taken office, the office shall be de-
clared vacant, and the council shall, at its next meeting, elect some
person who is qualified to fill the office.
Twelfth. If any person shall vacate his office, or be removed there-
from, or become otherwise disqualified, he shall forthwith deliver all
books, papers, accounts and property of every kind and description
that belongs to the town, over to the council, and if he shall fail to so
do within ten days after written notification from the mayor, he shall
be fined not more than five hundred dollars, and the mayor is author-
ized to proceed against such officer for the recovery of such books,
papers, accounts and property in the courts of this State by any means
by which such property may be recovered by an individual.