Chap. 13.—An ACT to authorize and empower the board of supervisors of any
county which adjoins three cities lying wholly within this State, one of
which cities has a population of 170,000 or more as shown by the last pre-
ceding United States census, to appoint an executive secretary; to prescribe
the powers and duties of such executive secretary; to prescribe the powers
and duties of the board of supervisors and certain other county officers in
relation thereto; and to repeal all acts and parts of acts inconsistent with
this act. : [H B 23]

Approved February 24, 1938

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

Section 1. The board of supervisors of any county in this State
which adjoins three cities lying wholly within this State, one of which
having a population of one hundred seventy thousand or more, as
shown by the last preceding United States census, shall be, and it
hereby is, authorized and empowered to appoint an executive secretary
to such board of supervisors, and such appointment shall be evidenced
of record by a resolution of such board.
Section 2. (a) Any executive secretary so appointed shall de-
vote his full time to the work and service of the county under the
direction of the board of supervisors, to whom he shall be accountable.
He shall be appointed with regard to merit only, and need not be
a resident of the county at the time of his appointment, but must
become an actual resident of the county and in due course a bona
fide resident. No member of such board of supervisors shall, during
the term for which elected and for one year following the expiration
of such term, be appointed such executive secretary. Any person,
other than a member of the board of supervisors, holding an elective
office may be appointed such executive secretary, but his qualification
shall not be valid unless and until he shall resign from his elective
office.

(b) The executive secretary shall not be appointed for a definite
tenure, but shall be removable at the pleasure of the board of super-
visors.

(c) In case of the absence or disability of the executive secretary
the board of supervisors may designate some responsible person to
perform the duties of the office and fix the compensation, if any, for
the person so designated. An elective officer may be designated to
perform such duties.

(d) The board of supervisors shall fix the compensation of such
executive secretary which shall be paid in monthly installments by
warrant of the board of supervisors.

Section 3. The executive secretary shall be clerk to the board of
supervisors. It shall be his general duty:

First. To record in a book to be provided for that purpose all
of the proceedings of the board.

Second. To make regular entries of all the board’s resolutions and
decisions on all questions concerning the raising of money; and within
five days after any order for a levy is made, to deliver a copy thereot
to the commissioner of the revenue of his county.

Third. To record the vote of each supervisor on any question
submitted to the board, if required by any member present.

Fourth. To sign all warrants issued by the board for the payment
of money, and to record, in a book provided for the purpose, the re-
ports of the county treasurer of his receipts and disbursements.

Fifth. To preserve and file all accounts and papers acted upon
by the board, with its action thereon.

Sixth. To make recommendations to the board concerning any
office or department of the county government or employee under the
control and supervision of the board.

Seventh. To attend to the execution of and enforce all lawful
resolutions and orders of the board concerning any department, office
or employee in the county government, and shall see that all laws of
the State required to be enforced through the board of supervisors
or any county officer or employee subject to the control of the board
of supervisors are faithfully executed, and to make report to the board
how such orders, resolutions and laws have been executed.

Eighth. To confer with any person concerning the affairs of the
county government and to make report to the board of all such
matters whereon the board should take action.

Ninth. To make monthly reports to the board in regard to mat-
ters of administration, and keep the board fully advised as to the
financial condition of the county.

_ Tenth. He shall prepare and submit to the board, in accordance
with general law concerning county budgets, a proposed annual budget,
with his recommendations.

Eleventh. To audit all claims of every character or nature against
the county, except those required to be received and audited by the
county school board, to ascertain that such claims are in accordance
with the purchase orders or contracts of employment or in accordance
with the law from which same arise; to present such claims to the board
for approval and allowance after such audit; to draw all warrants in
settlement of such claims after approval and allowance by the board.
However, he shall pay, with his warrant, all lawful claims out of
the appropriations from the various funds, such as routine or stan-
dard charges for which such funds were set up, upon the approval of
the department head who is charged with expenditure of such fund,
in the manner hereinafter authorized ; to keep a record of the revenues
and expenditures of the county; to keep such accounts and records
of the affairs of the county as shall be prescribed by the board of
supervisors; and monthly to prepare and submit to the board state-
ments showing the progress and status of the affairs of the county
in such form as shall be specified by the board of supervisors.

Twelfth. To act as purchasing agent for the county; to make
all purchases for the county subject to such exception as may be
allowed by the board. He shall have authority to make transfer of
supplies, materials and equipment between departments and officers,
and employees; to sell any surplus supplies, materials and equipment,
and to make such other sales as may be authorized by the board. He
shall have power, with consent of the board of supervisors, to estab-
lish suitable specifications or standards for all supplies, materials and
equipment to be purchased for the county, and to inspect all deliveries
to determine their compliance with such specifications and standards,
and if such deliveries are not in accordance with such specifications
and standards it shall be his duty and he is empowered to reject
the same. He shall have charge of such storerooms and warehouses
of the county as the board of supervisors may provide. He shall have
the care and charge of all public buildings and the furnishings and
fixtures therein under the control of the board of supervisors.

All purchases and sales shall be made under such rules and regu-
lations as the board of supervisors may by ordinance or resolution
establish. Subject to such exception as the board may provide, he
shall before making any purchase or sale invite competitive bidding
under such rules and regulations as the said board may by ordinance
or resolution establish. He shall not furnish any supplies, materials,
equipment or contractual services to any department or office or em-
ployee, except upon receipt of a properly approved requisition and
unless there be an unencumbered balance sufficient to pay the same.

Thirteenth. To pay, with his warrant, all claims against the county
chargeable against any fund under the control of the board of super-
visors, Other than the general county fund, when such expenditure
is authorized and approved by the officer and/or employee authorized
to procure the services, supplies, materials or equipment accountable
for such claims, and after auditing the same as to its authority and
correctness; to pay, with his warrant, all claims against the county
chargeable against the general county fund where the claim arose
out of purchase made by the executive secretary or for contractual
services by him authorized and contracted within the power and au-
thority given him by the board of supervisors by resolution. When-
ever any such payment is made the executive secretary shall make
report of the same in such form as may be prescribed by said board.

Fourteenth. To perform such other duties as may be imposed
upon him by the board of supervisors.

Fifteenth. To perform all such duties as may be required of him
by the board of supervisors within the terms of the fourteen sub-
sections of section three of this act as may be evidenced by a resolution
of the board of supervisors made of record.

Sixteenth. To perform all duties imposed by law upon the county
clerk as clerk of the board of supervisors; all duties imposed upon
the county purchasing agent, and all duties imposed upon the “local
delinquent tax collector” provided for in section three hundred and
ninety-four of the Tax Code, if such board of supervisors so require
of him, in which event he shall have all the powers and duties 1m-
posed by that section.

Section 4. Before entering upon the duties of his office the person
so appointed executive secretary to the board of supervisors shall take
the oath of office required of other officers and shall give bond before
the clerk of the circuit court of said county with surety to be approved
by such clerk in an amount to be fixed by the board of supervisors,
but in any case not less than two thousand dollars, the premium for
which bond shall be paid by the board of supervisors out of the general
county fund.

Section 5. (a) The board of supervisors shall be, and it hereby
is, empowered and authorized to require of the executive secretary to
such board the performance of all or any of the duties within the
spirit or reason of this act and especially those contained in the four-
teen subsections of section three of this act, the general statutes and
precedents to the contrary notwithstanding.

(b) The board of supervisors shall provide for the executive
secretary such office space, equipment, supplies and assistance, in-
cluding stenographic help, as it may deem necessary.

(c) The board of supervisors shall be, and it hereby is, authorized
and empowered to appropriate and/or set aside in the hands of the
treasurer of the county monthly to the executive secretary from the
various funds under their control various sums of money so that the
executive secretary may be able to pay, with his warrant, such claims
against the county as the board of supervisors may authorize him by
general resolution to pay. The executive secretary shall as soon as
practicable furnish the treasurer with a certified copy of any such
resolution of the board of supervisors appropriating and/or setting
aside any such sums of money provided for in this section of this
act. The board of supervisors may by resolution require the treasurer
of the county to pay all warrants drawn on the various or designated
funds in the treasurer’s hands drawn by the executive secretary on said
various or designated funds in a total monthly amount not to exceed
that determined and fixed by the board of supervisors by resolution.
The board of supervisors shall designate and adopt the form of war-
rant authorized by this act. The treasurer of the county shall, betore
paying any funds upon any warrant authorized by this act, first comply
with section three hundred and fifty-six of the Tax Code.

(d) Upon the appointment and qualification of the executive
secretary authorized by this act the county clerk of such county shall
be relieved of his duties in connection with the board of supervisors
and all of his such duties shall be imposed upon and performed by
the executive secretary.

(ce) No member of the board of supervisors or other officer or
employee of the county, or person receiving a salary from funds ap-
propriated by the county, shall be interested directly or indirectly in
any contract to which the county is a party, either as principal, surety
or otherwise; nor shall any such officer or employee or his partner,
agent, servant or employee or the firm of which he is a member pur-
chase from or sell to the county any real or personal property, nor
shall he be financially interested, directly or indirectly, in any work
or service to be performed for the county or in its behalf. Any con-
tract made in violation of any of these provisions shall be void. The
amount embraced by any such contract, the value of anything so
purchased or sold, and the amount of any claim for any such work or
service shall never be paid; or, if paid, may be recovered back, with
interest, by the county, in the circuit court of the county, by action or
motion within two years from the time of payment.

(f) The board of supervisors may at any time rescind its action
in appointing an executive secretary. When, and if, the board of
supervisors so rescinds its action, the executive secretary shall be forth-
with divested of all power and authority as such, and the county clerk
shall be restored to the powers and duties imposed upon him by general
law. In case the board of supervisors should rescind its action ap-
pointing an executive secretary to the board, the person theretofore
appointed such executive secretary shall forthwith deliver to the board
of supervisors of his county all books, accounts, records and other
papers or matter of whatever nature used in connection with the
county’s business by whomever provided.

Section 6. If any section, or part of section, of this act is here-
after held by any court of competent jurisdiction to be unconstitutional,
such decision shall in no wise affect or render void the remainder of
this act.

Section 7. All acts and parts of acts inconsistent with this act
are hereby repealed to the extent of such inconsistency.

Z. An emergency existing, this act shall be in force from its
passage.