Chap. 380.—An ACT to provide for the compensation of city sergeants in cities
having a population of not less than 120,000 nor more than 150,000 according
to the last United States census; and cities having a population between 40,-
000 and 44,000; to prescribe the method of fixing and paying salaries and the
expenses of the operation of their offices; to provide for the payment of such
salaries and expenses; to provide for the collection of certain fees and charges
by and for city sergeants and for the disposition of the same; to provide for
the maintenance of prisoners in jails in cities and for food, clothing and med-
icine for such prisoners, [S B 132]

Approved March 28, 1936

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. On and after the first day of July, nineteen hundred and
thirty-six, the sergeant of each city shall be paid a salary for his
services, and the fee system as a method of compensating such officers
shall be abolished. Every city sergeant shall, however, on and after
the first day of July, nineteen hundred and thirty-six, continue to collect
all fees and charges which he may be entitled to receive by or under the
laws of the Commonwealth, other than fees and charges trom the Com-
monwealth and fees and charges from the city for which he is elected
or appointed, and he shall dispose of the same as provided in this act.

All allowances out of the State treasury and out of city treasuries
to city sergeants, other than the sums provided for by this act, shall
be discontinued as of the first day of July, nineteen hundred and thirty-
six, for services performed on and after the said date. One-third of all
fees and charges to which city sergeants are entitled on and after the
first day of July, nineteen hundred and thirty-six, for the performance
of their official functions and duties shall be paid by them or such
officer or officers as may collect the same not later than the tenth day
following their receipt into the treasury of their respective cities, and
the remaining two-thirds of all such fees and charges shall be paid by
such city sergeants or by such officer or officers as may collect the same
into the State treasury not later than the tenth day following their
receipt.

Section 2. The city sergeant shall be required to collect all fees
collectible by him in advance except fees payable by the State or the
United States.

Section 2-a. The annual salaries of city sergeants under this act
shall be within the limits hereinafter prescribed, that is to say:

In cities having a population of not less than forty thousand in-
habitants but not more than forty-four thousand inhabitants, such
salaries shall not be less than twenty-five hundred dollars nor more
than six thousand dollars.

In cities having a population of not less than one hundred and
twenty thousand inhabitants but not more than one hundred and fifty
thousand inhabitants, such salaries shall not be less than six thousand
dollars nor more than seventy-five hundred dollars.

Section 3. For the purposes of this act the population of each city
shall be according to the last preceding United States census; if, how-
ever, the area of any such city has since the last preceding United
States census been increased by annexation, the population of such
city for the purposes of this act shall be the population thereof as shown
by the last preceding United States census plus the increase resulting
from such annexation.

Section 4. On or before the fifteenth day of October in every year
except the year in which they are elected or appointed, and on or before
November fifteenth in any such year, or at any time after June first
in any year, whenever requested by the chairman of the compensation
board created by chapter three hundred and sixty-four of the Acts of
the General Assembly of nineteen hundred and thirty-four, approved
March twenty-ninth, nineteen hundred and thirty-four, and within ten
days after such request, it shall be the duty of every city sergeant to
file with the chairman of the board upon forms prescribed by it, a
written request for the allowance of the said officer’s salary and the
expenses of his office, stating the amount of salary requested and
itemizing each item of expense for which allowance is sought.

The chairman of the compensation board may, at any time, submit
to any city sergeant a written questionnaire concerning the affairs of
his office to ascertain all facts relevant to the determination of the
proper allowance to be made with respect to such officer’s salary and
the expenses of his office. It shall be the duty of every city sergeant
to answer fully and completely all questions so propounded and within
five days to return the said questionnaire to the said chairman.

For the period beginning July first, nineteen hundred and thirty-six
and ending December thirty-first, nineteen hundred and thirty-six, each
city sergeant shall file with the compensation board on or before the
twentieth day of June, nineteen hundred and thirty-six, such informa-
tion as the board may require concerning salaries and expense allow-
ances for that period.

Section 5. All salaries, expenses and allowances of city sergeants
shall, if possible, be fixed and determined on or before December thirty-
first of each year for the following year; the salaries, expenses and
allowances for city sergeants for the period beginning July first, nine-
teen hundred and thirty-six and ending December thirty-first, nineteen
hundred and thirty-six, shall be fixed and determined as soon as prac-
ticable after the twentieth day of June of the said year. It shall be the
duty of the compensation board, at meetings duly called by the chair-
man, carefully to consider the questionaires and written requests filed
as required by section four of this act and to consider the work involved
in the discharge of the duties of the respective city sergeants, the
amount expended or proposed to be expended by each for clerks, dep-
uties or other assistants, the efficiency with which the affairs of such
office are conducted, and such other matters as the compensation board
may deem pertinent and material, and after such consideration the
board may fix and determine what constitutes a fair and reasonable
salary which should be paid to each such officer and to his clerks, assist-
ants and deputies, and all other expense items requested.

When the salaries of the city sergeants of the several cities have
been tentatively fixed by the compensation board, the said board shall
notify the council of the respective cities of the amount so fixed.
Within thirty days thereafter, but not later, the council of any city
may file with the compensation board any objection it may have to the
salary so fixed for the sergeant of such city. When such objection is
filed the board shall fix a time for a hearing on such objection, of
which time the said council, as well as the officer affected, shall have at
least ten days notice. For the purpose of determining the merits of
such protest, the said council may designate two of its members to serve
as additional members of the compensation board, and such additional
members shall each have one vote on the said board.

Section 6. The chairman of the compensation board shall record
the salaries fixed for each city sergeant, his clerks, assistants and
deputies, and the allowances made for other expenses, and _ shall
promptly notify each city sergeant of the same with respect to his
office.

Prior to holding any such meeting for the fixing of the said
salaries and expenses as provided in this act, ten days notice of the
time, place and purpose of such meeting shall be given to every city
sergeant affected and to the mayor of the city affected.

Section 7. Any city sergeant whose salary or expenses of office are
affected by any decision of the compensation board under this act or
any city affected thereby, or the Attorney General as representative
of the Commonwealth, shall have the right to appeal from any such
decision of the compensation board to the corporation or hustings
court of the city for which the city sergeant affected is elected or
appointed; on such appeal all questions involved in the said decision
shall be heard de novo by the judge of the said court, and his decision
on all questions shall be entered of record in the common law order
book of the said court, and there shall be no right of appeal therefrom.

Section 8. The salary fixed in accordance with the preceding part
of this act shall be paid in equal monthly installments, and the expenses
of office, within the limits fixed by the compensation board, shall be
paid monthly on the submission of satisfactory evidence that such
expenses were actually incurred.

The salaries and expenses of city sergeants shall be paid in the
proportion of one third by the respective cities, and two-thirds by
the Commonwealth. The Commonwealth’s proportion of the salaries
and expenses of the city sergeants shall be paid out of the appropria-
tion in the general appropriation act for criminal charges. Such pay-
ments shall be made by the State treasurer on warrants of the Comp-
troller issued upon vouchers signed by the chairman of the compensa-
tion board.

The several salaries fixed by the compensation board in accordance
with the preceding part of this act to be paid for the year nineteen
hundred and thirty-seven shall continue as so fixed for succeeding
years at the same amounts; provided, however, the compensation
board may thereafter increase or decrease the salary of any particular
city sergeant within the limits fixed by this act when, in the opinion of
the compensation board, changed circumstances so require, or when so
requested in writing prior to July first of the calendar year preceding
the year for which such change is requested by such city sergeant or
by the council of the city for which the city sergeant affected is elected
or appointed. Such request of the city sergeant or of the council shall
set forth in detail the facts and circumstances upon which such request
for a change is based.

Section 9. Each city shall in accordance with laws of the Common-
wealth, provide and keep in proper condition a jail, together with the
necessary physical equipment therein, and shall provide therefor heat,
light, water and other required conveniences.

The sergeant of each city shall perform the duties now required of
him by law with reference to keeping, feeding and caring for prisoners
in the jail of such city. He shall furnish the prisoners confined in the ,
jail of his city with a wholesome diet in accordance with the menu
prescribed by the State Commissioner of Public Welfare.

Section 10. The sergeant of each city shall keep a daily record of
the total number of prisoners in the jail of his city, showing separately
the number of prisoners confined therein for such city, for the Com-
monwealth, for each of the political sub-divisions of the Commonwealth
and for the Federal government.

The Commonwealth shall, upon vouchers duly certified by the ser-
geant and approved by the State Commissioner of Public Welfare or
by such assistant or assistants of the State Commissioner of Public
Welfare as he may designate for such purpose, pay such proportionate
part of the costs of food, other than the cost of preparing and serving
the same, and of clothing and medicine required for the prisoners con-
fined in the said jail, as the number of Commonwealth prisoners con-
fined in the said jail and the length of time confined therein bears to
the total number of prisoners confined in such jail and the total length
of time confined therein; the remaining costs of food, other than the
cost of preparing and serving the same, and of clothing and medicine
required for prisoners confined in said jail, shall be paid by the said
city.

The sergeant of each city shall collect from the United States for
prisoners of the United States confined in the jail of such city and
from the counties and cities of the State, but not from the city for
which he is elected or appointed, for prisoners of such counties and
cities confined in the jail of the city for which he is elected or ap-
pointed, such amounts as provided for by law; all amounts so collected
shall be paid promptly by such city sergeant into the treasury of
his city.

Section 11. The provisions of this act shall not apply to the ser-
geant of any city in which, on the day immediately before the date
on which this act becomes effective, the said city sergeant does not
either by general law or ordinance of the city have supervision of the
jail of such city. The provisions of this act shall also not apply to the
sergeant of any city in which the compensation of such city sergeant
is provided for by chapter three hundred and two of the acts of the
General Assembly of nineteen hundred and thirty-two, approved March
twenty-fourth, nineteen hundred and thirty-two, and amendments there-
of. The provisions of this act shall also not apply in any city having
a population of less than one hundred and twenty thousand nor more
than one hundred and forty thousand inhabitants according to the
United States census of nineteen hundred and thirty; except that with
the approval of the city councils or other governing bodies thereof the
provisions of this act shall apply to all cities having a population of
not less than forty thousand nor more than forty-four thousand in-
habitants according to the United States census of nineteen hundred
and thirty.

Section 12. All acts and parts of acts, both general and special, in-
cluding charters of cities and towns, inconsistent with the provisions of
_this act are hereby repealed to the extent of such inconsistency.