Chap. 396.—An ACT to provide a complete form of county organization and gov-
ernment for counties in this State adjoining a county having a density of popula-
tion of 600 or more per square mile according to the last preceding United States
Census, and to prescribe the conditions upon which such form of county or-
ganization and government shall become effective in any such county and may
thereafter be discontinued. (H B 509]

Approved April 1, 1940

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

Section 1. Any county in the. State adjoining a county in the
State having, according to the last preceding United States census, a
density of population of six hundred or more inhabitants per square
mile, is hereby authorized to adopt the County Board Form of county
organization and government provided for in the following twenty-one
sections, namely sections three to twenty-three, both inclusive, by
complying with the requirements and procedure hereinafter specified.

Section 2. (a) Upon a petition filed with the circuit court of the
county, or the judge thereof in vacation, signed by fifteen per centum
of the qualified voters of such county which in no event shall be less
than one hundred qualified voters of the county, asking that a referen-
dum be held on the question of adopting the County Board Form of
county organization and government herein provided for, the court,
or 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 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 ninety days
nor less than sixty days from the filing of the petition, but not within
thirty days of any general election. The clerk of the county shall
cause a notice of such election to be published in some newspaper
published in or having a general circulation in the county, once a week
for three consecutive weeks, and shall post a copy of such notice at
the door of the court house of the said county.

In lieu of such a petition, a resolution may be passed by the board
of supervisors and filed with the court, or the judge thereof in vacation,
asking for a referendum, in which case the court or the judge shall
proceed as in the case of a petition.

(b) The regular election officers of said 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 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:

Do you approve the adoption of the County Board Form by the
county?

[] Yes
[-] No

The squares to be printed in such ballots shall not be less than one-
quarter nor more than one-half inch in size.

Any person voting at such election shall place a check (4/) or a
cross (X or +) mark or a line (—) in the square before the appropriate
word indicating how he desires to vote on the question submitted.

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 the judge thereof in vacation, and
the said court, or judge thereof in vacation, shall enter of record the
results of the said election. If it shall appear by the report of the
commissioners of election that a majority of the qualified voters of
the county voting approve the adoption of the County Board Form
of county organization and government, the circuit court of the
county, or the judge thereof in vacation, shall enter of record such

act.

(c) On and after the first day of January next succeeding the
election at which the County Board Form of organization and govern-
ment 1s approved for adoption by any county, the form of organization
and government of such county shall be in accordance with the County
Board Form provided for herein.

(d) All county and district officers of such county, unless other-
wise sooner removed, shall continue to hold office until their successors
are elected or appointed and shall have qualified; but the term of
office of any person who holds an office abolished by the County
Board Form of organization and government adopted shall terminate
as soon as his powers and duties shall have been transferred to some
other officer or employee, or done away with.

Section 3. The form of county organization and government pro-
vided for in sections three to twenty-three, both inclusive, shall be
known as the County Board Form.

Section 4. (a) The powers and duties of the county as a body
politic and corporate shall be vested in a Board of County Supervisors.

(b) The Board of County Supervisors shall consist of one member
elected from the county at large by the qualified voters of the county
and one member from each magisterial district in the county elected
by the qualified voters of such magisterial district. The members of
the board shall be elected at the same time and for the same term as
provided by general law for the election of boards of supervisors of
counties. The board shall select its chairman from its membership.

(c) Members of the board of supervisors of the county in office
immediately prior to the day upon which the County Board Form
becomes effective in the county shall be and, unless sooner removed,
continue as members of the board of county supervisors until the
expiration of their respective terms and until their successors are
qualified.

(d) If the change in the form of county organization and govern-
ment becomes effective on the first day of January next succeeding
the regular election of members of the board of supervisors in the
county, such members-elect shall qualify and, as soon as possible after
the county board form becomes effective in the county, succeed the
then incumbents as members of the board of county supervisors and
as such continue until the expiration of their respective terms and
until their successors are qualified.

(e) At the regular November election next succeeding the ap-
proval of the County Board Form, one member of the board shall be
elected from the county at large by the qualified voters of the county;
his term of office shall begin on the first day of January next succeeding
such election and shall run for a term coincident with that of the other
members of the Board of County Supervisors. Pending his election
and taking office, the office of member from the county at large shall
remain vacant.

(f) Except as otherwise provided in subsection (e) of this section,
when any vacancy shall occur in the membership of the board of
county supervisors, the judge of the circuit court of the county shall
issue a writ of election to fill such vacancy, the said election to be
held at the next regular November election; the person so elected
shall hold office for the unexpired term of the member whom such
person is elected to succeed; the said judge may make a temporary
appointment to fill such vacancy until the people fill the same by
election as herein provided.

Section 5. (a) The board of county supervisors shall be the policy
determining body of the county and shall be vested with all the rights
and powers conferred on boards of supervisors by general law, not
inconsistent with the form of county organization and government
herein provided.

(b) It shall have power to require of all departments, divisions,
agencies and officers of the county and of the several districts of the
county such annual reports and other reports as in its opinion the
business of the county requires.

(c) It shall also have full power to inquire into the official con-
duct of any office or officer, whether elective or appointive, of the
county or of any district thereof, and to investigate the accounts, re-
ceipts, disbursements, and expenses of any county or district officer;
for these purposes it may subpoena witnesses, administer oaths, and
require the production of books, papers and other evidence; and in
case any witness fails or refuses to obey any such lawful order of the
board of county supervisors, he shall be deemed guilty of a misde-
meanor.

(d) The board of county supervisors shall, as soon as the County
Board Form of county organization and government takes effect in
the county, provide for the performance of all the governmental
functions of the county in such manner as the said board shall deem
proper, not inconsistent with the provisions of the form of county
organization and government herein provided.

(e) Whenever it is not designated herein what officer or employee
of the county shall exercise any power or perform any duty conferred
upon or required of the county, or any officer thereof, by general law,
then any such power shall be exercised or duty performed by that
officer or employee of the county so designated by ordinance or resolu-
tion of the board of county supervisors.

Section 6. (a) The board of county supervisors shall, except as
otherwise provided in section ten, and except as the board may au-
thorize any officer or the head of any office to appoint employees under
such officer or in such office, appoint all officers and employees, in-
cluding deputies and assistants, in the administrative service of the
county. Any officer or employee of the county appointed pursuant
to this section may be suspended or removed from office or employ-
ment either by the board of county supervisors or the officer or head
of the office by whom he was appointed or employed.

(b) In the event of the absence or disability of any officer except
those named in section ten, the board of county supervisors or other
appointing power may designate some responsible person to perform
the duties of the office.

(c) The board of county supervisors shall, subject to such limita-
tions as may hereafter be prescribed by general law, and except as
herein otherwise provided, fix the compensation of all officers and
employees of the county, including deputies and assistants, except as
it may authorize any officer or the head of any office to fix the com-
pensation of employees, including deputies and assistants, under such
officer or in such office; the compensation of the attorney for the
Commonwealth, the commissioner of the revenue, the county clerk,
the sheriff, and the treasurer of the county, and the deputies, assis-
tants and employees of such officers, shall be determined and paid in
the manner which is or may hereafter be provided for the determina-
tion and payment of the salary of each such officer, respectively, by
other provisions of general law.

(d) Each member of the board of county supervisors shall re-
ceive as compensation for his services six hundred dollars ($600.00)
per annum.

Section 7. Any activity which is unassigned’ by this form of
county organization and government shall be assigned by the board of
county supervisors to the appropriate officer or employee of the county,
and the board may reassign, transfer or combine any such activities.

Section 8. (a) The board of county supervisors shall appoint an
executive secretary and fix his compensation. He shall be appointed
with due regard to merit only, and need not be a resident of the
county at the time of his appointment. No member of the board of
county supervisors shall, during the time for which he is elected, be
chosen executive secretary of the board.

(b) The executive secretary shall be removable at the pleasure of
the board of county supervisors.

(c) Incase of absence or disability of the executive secretary, the
board of county supervisors may designate some responsible person to
perform the duties of the office.

Section 9. (a) The executive secretary shall be the clerk of the
board of county supervisors. He shall, unless otherwise excused,
attend all meetings of the board, and shall record in a book, to be pro-
vided for the purpose, all of the proceedings of the board.

(b) He shall, in so far as shall be required by the board of county
supervisors, be responsible to the board for the proper administration
of all affairs of the county which the board has authority to control.
He shall keep the board advised as to the financial condition of the
county and shall submit to the board monthly, and at such other
times as shall be required, reports concerning the administrative affairs
of the county.

(c) The executive secretary shall, if required by the board of
county supervisors, examine regularly the books and papers of each
department, officer and agency of the county and report to the board
the condition in which he finds them and such other information as
the board may direct.

(d) He shall from time to time submit to the board such recom-
mendations concerning the affairs of the county and its departments,
officers and agencies as he shall deem proper.

(e) Under the direction of the board of county supervisors, the
executive secretary shall, each year at least two weeks before the
board must prepare its proposed annual budget, prepare and submit to
the board a proposed annual budget for the county; he shall, in so far as
required by the board, see that the budget as finally adopted is
properly executed.

(f) He shall audit all claims against the county, except those re-
quired to be received and audited by the county school board, and
shall present the same to the board of county supervisors together
with his recommendation and such information as shall be necessary
to enable the board to act with reference to such claims.

Section 10. (a) The attorney for the Commonwealth, the county
clerk, the sheriff, the commissioner of the revenue and the treasurer
of the county, in office immediately prior to the day upon which the
County Board Form becomes effective in the county shall continue,
unless sooner removed, as attorney for the Commonwealth, county
clerk, sheriff, commissioner of the revenue and treasurer, respectively,
of the county until the expiration of their respective terms of office
and until their successors have qualified. Thereafter such officers shall
be elected in such manner and for such terms as provided by general
aw.

(b) When any vacancy shall occur in any office named in the fore-
going subsection, the judge of the circuit court of the county shall
issue a writ of election to fill such vacancy, the said election to be held
in the next succeeding November election; the persons so elected shall
hold office for the unexpired term of the officer whom such person is
elected to succeed; the judge of the circuit court of the county may
make a temporary appointment to fill such vacancy until the people
fill the same by election as herein provided.

(c) Each officer named in subsection (a) of this section, may ap-
point such deputies, assistants and employees as he may require in
the exercise of the powers conferred and in the performance of the
duties imposed upon him by law.

(d) Each officer named in subsection (a) of this section shall,
except as otherwise provided in the County Board Form of county
organization and government, exercise all the powers conferred and
perform all the duties imposed upon such officer by general law. He
shall be accountable to the board of county supervisors in all matters
affecting the county and shall perform such duties, not inconsistent
with his office, as the board of county supervisors shall direct.

Section 11. (a) The county school board and the division super-
intendent of schools, shall exercise all the powers conferred and per-
form all the duties imposed upon them by general law.

(b) The county school board shall be composed of (1) six trustees
chosen by the board of countv supervisors and (2) from each town
within the county constituting a separate town school district operating
under a town school board, one trustee or member selected annually
by the town school board of such town from its own membership. Of
the trustees or members of the county school board first chosen by
the board of county supervisors, one shall be appointed for a term of
one year, one for a term of two years, one for a term of three years,
one for a term of four years, one for a term of five years, and one for a
term of six years. All subsequent appointments of trustees or mem-
bers of the county school board chosen by the board of county super-
visors shall be for terms of six years, except appointments to fill
vacancies shall be for the unexpired terms.

(c) Each trustee or member shall receive as compensation for
his services an annual salary of two hundred and forty dollars ($240.-
00), payable in equal monthly installments, and mileage at a rate not
to exceed five cents per mile for each mile of travel by the most direct
route going to and returning from the place of meeting.

Section 12. The county health officer shall be chosen by the board
of county supervisors from a list of eligibles furnished by the State
Board of Health. He shall exercise all the powers conferred and shall
perform all the duties imposed upon the local health officer and the
local board of health by general law, not inconsistent herewith. He
shall also perform such other duties as may be imposed upon him by
the board of county supervisors. The board of county supervisors
may select two qualified citizens of the county, who shall serve without
pay, and who together with the said county health officer shall con-
stitute the county board of health. The said board shall advise and
cooperate with the county health officer. The said board may at any
time be abolished by the board of county supervisors.

Section 13. The board of county supervisors shall select three
qualified citizens of the county who shall constitute the county board
of public welfare. The said board shall, in so far as not inconsistent
with this form of county organization and government, exercise all
the powers conferred, and perform all the duties imposed, upon county
boards of public welfare by law. There shall also be a superintendent
of public welfare who shall be chosen by the board of county super-
visors, or by the county board of public welfare if the board of county
supervisors so provides, from a list of eligibles furnished by the State
Commissioner of Public Welfare. He shall, in so far as not incon-
sistent with this form of county organization and government, exercise
all the powers conferred and perform all the duties imposed upon
superintendents of public welfare by general law.. The county board
of public welfare and the superintendent of public welfare shall also
perform such other duties as shall be required by the board of county
supervisors. , _

Section 14. The board of county supervisors may provide for a
county agricultural agent and a home demonstration agent, or either.
If provided for, the county agricultural agent and the home demonstra-
tion agent shall be selected from a list of eligibles submitted by the
Virginia Agricultural and Mechanical College and Polytechnic. Insti-
tute. They shall perform such duties as may be imposed upon them
by the board of county supervisors.

Section 15. (a) There shall be in the county a county purchasing
agent. The executive secretary shall, unless and until the board of
county supervisors shall select a county purchasing agent or designate
some other officer to act as county purchasing agent, exercise all the
powers conferred and perform all the duties imposed upon the county
purchasing agent. |

(b) The county purchasing agent shall, subject to such excep-
tions as may be allowed by the board of county supervisors, make all
purchases for the county and its departments, officers and agencies.

(c) He shall also have authority to make transfers of supplies,
materials and equipment between, and to sell surplus equipment,
materials and supplies not needed by, the departments, officers and
agencies of the county.

(d) With the approval of the board of county supervisors, he
may establish suitable specifications or standards for all equipment,
materials and supplies to be purchased and inspect all deliveries to
determine their compliance with such specifications and standards.

(e) All such purchases and sales by the county purchasing agent
shall be made under such rules and regulations as the board of county
supervisors shall provide.

(f) The county purchasing agent shall have charge of such
storage rooms and warehouses of the county as the board of county
supervisors may provide.

(g) This section is, however, subject to the express provision
that the county purchasing agent shall have no authority to exercise
any of the foregoing powers with reference to the purchase, transfer,
and sale of equipment, materials and supplies for or belonging to the
county school board, or with reference to storage rooms and work-
houses of the county school board, unless authorized so to do by the
county school board.

Section 16. The county surveyor shall be chosen by the board of
county supervisors. He shall exercise all the powers conferred and
shall perform all the duties imposed upon the county surveyor by
general law, not inconsistent herewith. He shall also perform such
other duties as may be imposed upon him by the board of county
supervisors.

Section 17. The board of county supervisors shall, except as
otherwise provided in this act, establish a schedule of compensation
for officers and employees which shall, so far as practical, provide
uniform compensation for like service. The compensation prescribed
shall be subject to such limitations as may hereafter be made by
general law.

Section 18. The officers of the county shall give such bonds as
are now required by general law. In addition thereto the board of
county supervisors shall have power to fix and require bonds in excess
of the amounts so required, and to require bonds of other county
officers and employees in their discretion, conditioned on the faithful
discharge of their duties and the proper accounting for all funds coming
into their possession.

Section 19. The board of county supervisors shall require an
annual audit of the books of every county officer who handles public
funds, to be made by an accountant who is not a regular officer or
employee of the county and who is thoroughly qualified by training
and experience. If the State provides an auditing service, whether
at the expense of the State or the county, such audit may be considered
as having satisfied the requirements of this paragraph. The board
of county supervisors may at any time order an examination or audit
of the accounts of any officer or employee of the county government.
Upon the death, resignation, removal or expiration of the term of any
officer of the county, the board of county supervisors shall cause an
audit and investigation of the accounts of such officer to be made.
If, as a result of any such audit, an officer be found indebted to the
county, the board of county supervisors shall proceed forthwith to
collect such indebtedness.

Section 20. No member of the board of county supervisors or
other officer or employee of the county, or person receiving a salary
or compensation from funds appropriated by the county, shall be in-
terested 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 purchase 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 contract made in violation of any of these pro-
visions 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, with interest, by the county, by action or motion,
within two years from the time of payment.

Section 21. When this form of county organization and govern-
ment shall be adopted the following officers shall, when the said form
of organization and government becomes operative in the county, be
abolished, the powers and duties of such officers transferred as herein
provided, and the terms of office of such officers expire as provided
in section two:

(a) Superintendent of the poor; his powers shall be exercised
and his duties performed by the superintendent of public welfare.

(b) Constables; their powers shall be exercised and their duties
performed by the sheriff and his deputies.

(c) The school trustee electoral board.

(d) The inheritance tax commissioner.

Section 22. (a) The following officers shall not, except as herein
otherwise provided, be affected by the adoption of the county board
form; (1) jury commissioners; (2) examiners of records; (3) notaries
public; (4) county electoral boards; (5) registrars; (6) judges and
clerks of elections; (7) county coroner; (8) trial justice; and (9) justices
of the peace, except as provided in subsection (b) of this section.

(b) In any county which adopts the county board form there
shall be appointed or elected in the manner provided by law not to
exceed one justice of the peace in each magisterial district; in any
magisterial district in which at the time the said form of organization
and government is adopted there is more than one justice of the peace
or no justice of the peace, the judge of the circuit court of the county
shall appoint one justice, who shall hold office until his successor
shall be elected or appointed and qualified; the terms of the other
justices of the peace in such magisterial district shall expire when such
appointee takes office. The term “justice of the peace’ as used in
this subsection does not embrace or mean the office of trial justice or
substitute trial justice.

(c) Provisions of law in conflict with the county board form of
county organization and government adopted by any county pursuant
to sections one to twenty-three, both inclusive, of this act, shall not
apply to the said county.

Section 23. (a) Any county which adopts the County Board
Form of organization and government provided for by sections three
to twenty-three, both inclusive, of this act may change back to the
form of organization and government prescribed by Article VII of the
Constitution of Virginia and the general law of the State. The pro-
cedure shall be the same, in so far as applicable, as that herein provided
in section two, except the ballot to be used shall be printed to read as
follows:

Do you approve changing the organization and government of the
county from the County Board Form to the form of county organiza-
tion and government prescribed by Article VII of the Constitution of
Virginia and the general law of the State?

[_] Yes
[-] No

(b) If in accordance with the provisions of the foregoing sub-
section of this section the voters approve changing the form of county
organization and government from the County Board Form to that
form of county organization and government prescribed by Article
VII of the Constitution of Virginia and the provisions of general law
enacted pursuant thereto, the change shall become effective on the
first day of January next succeeding the election wherein the change
is approved. ,

(c) The term of the member of the board of county supervisors
elected from the county at large shall terminate and his office be
abolished at the same time that the change in the form of county
organization and government becomes effective. The other members
of the board of county supervisors in office immediately prior to the
change shall constitute and continue as, unless sooner revoked, the
board of supervisors of the county until the expiration of their re-
spective terms and until their successors are qualified.

(d) The clerk, Commonwealth’s attorney, sheriff, commissioner
of the revenue and treasurer of the county immediately prior to the
change in the form of county organization and government shall con-
tinue, unless sooner removed, as clerk, Commonwealth’s attorney,
sheriff, commissioner of the revenue and treasurer, respectively, until
the expiration of their respective terms of office and until their re-
spective successors are qualified.

(e) If the change in the form of county organization and govern-
ment becomes effective on the first day of January next succeeding
the regular election of the successors to the officers mentioned in sub-
sections (c) and (d) of this section, such newly elected successors shall
qualify and, as soon as possible after the change becomes effective,
succeed the officers mentioned in subsections (c) and (d) of this
section.

(f) All other county and district officers provided for by general
law, but abolished by the County Board Form of organization and
government, shall, upon the change provided for in this section be-
coming effective, be filled by appointment or election as provided by
law.