Chap. 241.—An ACT to amend and reenact Sections 2773-n 36 and 2773-n 40,
as amended, of the Code of Virginia relating to county departments in_certain
counties having a special form of government, and to amend the Code of
Virginia by adding a new section numbered 2773-n 45-a relating to duties of
certain departments. {H 399]

Approved March 13, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections twenty-seven hundred seventy-three-n thirty-
six and twenty-seven hundred seventy-three-n forty as amended oi
the Code of Virginia be amended and reenacted, and that the Code
of Virginia be amended by adding a new section numbered twenty-
seven hundred seventy-three-n forty-five-a, the amended and new
sections being as follows:

Section 2773-n 36. The activities or functions of the county
shall, with the exceptions herein provided, be distributed among
the following general divisions or departments:

(1) Department of finance.

(2) Department of public works.

(3) Department of public welfare.

(4) Department of law enforcement.

(5) Department of education.

(6) Department of records.

(7) Department of health.

The board of county supervisors may establish any of the
following additional departments and no others:

(1) Department of assessments.

(2) Department of farm and home demonstration.

(3) Department of Public Safety.

Any activity which is unassigned by this form of county organ-
ization and government shall, upon recommendation of the county
manager, be assigned by the board of county supervisors to the
appropriate department. The board may further, upon recommenda-
tions of the county manager, reassign, transfer, or combine any
county functions, activities, or departments.

Section 2773-n 40. Department of law enforcement.—The
department of law enforcement shall consist of an attorney for the
Commonwealth and a sheriff, together with their assistants, depu-
ties and employees, and any police appointed by the county man-
ager, except as otherwise provided in section twenty-seven hundred
seventy-three-n forty-five-a.

The attorney for the Commonwealth shall exercise all the pow-
ers conferred and perform all the duties imposed upon such officer
by general law, and 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. He shall be selected as provided in section
twenty-seven hundred and seventy-three-n forty-six.

The sheriff shall exercise all the powers conferred and perform
all the duties imposed upon sheriffs and constables by general law.
He shall have the custody, feeding and care of all prisoners con-
fined in the county jail. He shall perform such other duties as may
be imposed upon him by the board of county supervisors. Any
policemen appointed by the county manager pursuant to section
twenty-seven hundred and seventy-three-n thirty-two, shall be
under the supervision and control of such county manager, and
such policemen shall have such powers as special policemen as
may be provided for by general law. Provided, that if a department
of public safety be created as provided in section twenty-seven
hundred seventy-three-n forty-five-a, then the sheriff and any such
police officers shall constitute a part of such department.

Provided, however, that in counties adjoining cities lying wholly
within the State of Virginia and with a population of one hundred
and seventy-five thousand or more as shown by the last preceding
United States census, the board of county supervisors, upon recom-
mendation of the trial justice of such county, may by resolution or
ordinance, appoint a bailiff for the trial justice court, who shall, in
addition to his duties as bailiff, exercise all of the powers and
perform all the duties conferred or imposed upon constables by
the general law in all civil matters emanating from the said trial
justice court in the place and stead of the sheriff as set out above.
The salary of such bailiff shall be fixed by the board of county
supervisors and shall be payable out of the general fund of the
county. The said bailiff shall collect all fees and commissions col-
lected and allowed constables under the general law and account for
same to the judge of the trial justice court, who shall in turn
deliver them to the director of finance of the said county.

If a department of public safety be created under the provisions
of section twenty-seven hundred seventy-three-n forty-five-a, then
the department of law enforcement may in the discretion of the
peed of county supervisors, be designated the “department of
jaw”.

Section 2773-n 45-a. The department of public safety if and
when established shall be under the supervision of a director of
public safety appointed by the county manager. Such department
shall consist of the following divisions: (1) Division of Police,
comprising the county sheriff and such police officers as may be
appointed. There shall be a chief of police in charge of such divi-
sion, selected by the director who may select the sheriff as such
chief. The sheriff shall perform all duties imposed upon him by
general law, and such other duties as may be imposed upon him
by the board of county supervisors, and if so selected by the direc-
tor shall act as chief of police, for such county. The sheriff shall be
selected as provided in section twenty-seven hundred and seventy-
three-n forty-six. The sheriff and other police officers appointed
hereunder shall receive such compensation as the board of county
supervisors may prescribe.

(2) Division of fire protection, in charge of a fire chief ap-
pointed by the director. The division shall consist of such persons,
who shall perform such duties and receive such compensation as
the board of county supervisors may prescribe.