Chap. 204.—An ACT to authorize and empower the Board ot Supervisors of any
county which adjoins a county having a population of 1,000 per square mile,
or more, as shown by the last preceding Unmited 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; to prohibit certain county of-
ficers, employees and other persons from being interested in transactions in
which the county is interested, and making such transactions void; and to repeal
all acts and parts of acts inconsistent with this act. [H 356]

Approved March 11, 1944

Be it enacted by the General Assembly of Virginia:

1. Section 1. The board of supervisors of any county in this State
which adjoins a county having a population of one thousand, or more,
per square mile, as shown by the last preceding United States census.
shall be, and it hereby is, authorized and empowered to appoint an execu-
tive 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 devote
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 supervisors.

(c) In case of the absence or disability of the executive secretary
the board of supervisors may designate some responsible person to per-
form 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 war-
rant 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 thereof to the
commissioner of the revenue of his county.

Third. To record the vote of each supervisor on any question sub-
mitted 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 reports 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 reso-
lutions 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 super-
visors 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 matters
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 ap-
proval 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 standard 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 statements 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 con-
sent of the board of supervisors, to establish 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 store-
rooms and warehouses of the county as the board of supervisors may
provide. He shall have the care and charge of all public buildings under
the control of the board of supervisors as provided by general law and
the furnishings and fixtures therein.

All purchases and sales shall be made under such rules and regulations
as the board of supervisors may by ordinance or resolution establish. Sub-
ject 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 ofhce or emplovee. 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 supervisors,
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 authority given him by the board of
supervisors by resolution. Whenever 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 de-
linquent tax collector’ provided for in section three hundred and ninety-
four of the Tax Code, 1f such board of supervisors so require of him,
in which event he shall have all the powers and duties imposed 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 fourteen sub-
sections 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 secre-
tary such office space, equipment, supplies and assistance, including
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 resolu-
tion of the board of supervisors appropriating and/or setting aside any
such sums of monev provided for im 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 super-
visors shall designate and adopt the form of warrant authorized by this
act. The treasurer of the county shall, before 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 secre-
tary 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.

(e) No member of the board of supervisors or other officer or em-
ployee of the county, or person receiving a salary from funds appropriated
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 em-
ployee or the firm of which he is a member purchase from or sell to the
county any real or personal property, nor shall 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
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, 1f paid, may be re-
covered 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 forthwith 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 appointing 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 hereafter
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.

2. Anemergency existing, this act shall be in force from its passage.