Chap. 359.—An ACT to amend and reenact Sections 4, 5, 10, 15, 16, 17, Ca 24,
rele and 45 of ee id 91, as amended, of the Acts ‘of. Assembly of 1919 ap
oved September 1919, which provided a charter for the town (now e

tity) of South Norfolk the sections relating to city government, mayor,
public health, gy managers absences of city manager, budget, police force,
how funds paid out, jail, and to amend the chapter by adding three new
sections numbered 512, Ll-a, and 11-b, relating to city manager, removal of
officers, and investigations, and to repeal certain acts and parts a acts. [H 516]

Approved March 31, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections four, five, ten, fifteen, sixteen, seventeen, twenty-
two, twenty-four, thirty-eight and forty-five of chapter ninety-one, as
amended, of the Acts of Assembly of nineteen hundred nineteen, approved
September eleven, nineteen hundred nineteen be amended and reenacted
and that the chapter be amended by adding three new sections numbered
five and one-half, eleven-a, and eleven-b, the amended and new sections
being as follows:

Section 4. Form of Government.—The municipal government of
the city shall be known as the “Council-Manager Government”. Pursu-
ant to the provisions of this chapter and subject only to the limitations
imposed by the State Constitution, all powers of the city shall be vested
in an elective council which shall enact local legislation, adopt budgets,
determine policies, and appoint the city manager, who shall execute the
law and administer the government of the city. All powers of the city
shall be exercised in the manner prescribed by this charter, the general
laws of the State of Virginia, or if the manner be not prescribed, then
in such manner as may be prescribed by ordinance.

Section 5. The councilmen, treasurer, commissioner of the revenue
and city sergeant shall be elected for terms of four years, and each shall
serve until his successor shall have qualified. On the second Tuesday
in June, nineteen hundred forty-nine, and on the second Tuesday in
June of every fourth year thereafter, there shall be elected from the city
at large, three councilmen for terms of four years; and on the second
Tuesday in June, nineteen hundred fifty-one, and on the second
Tuesday in June of every fourth year thereafter, there shall be
elected from the city at large two councilmen for terms of four years.
The terms of office of all councilmen hereafter elected shall begin on the
first day of September next succeeding their election. The treasurer,
commissioner of the revenue and the city sergeant, shall be elected at
the general election held for the election of members of the House of
Delegates in November and immediately preceding the expiration of the
terms of office of their predecessors and shall take office on the first day
of January next succeeding their election.

At the first regular meeting in September, nineteen hundred forty-
nine ‘and at the first regular meeting in September of every second year
thereafter, the newly elected council, having taken the oath of office,
shall proceed to choose by majority vote of all the members thereof,
one of their number to be mayor and one to be vice-mayor for the
ensuing two years.

The mayor shall preside at meetings of the council, shall have the
same right to vote and speak therein as other members, and shall be
recognized as head of the city government for all ceremonial purposes
and by the governor for purposes of military law, but shall have no
regular administrative duties. The council shall also elect a vice-mayor
who shall act as mayor during the absence or disability of the mayor and
if a vacancy occurs shall become mayor for the completion of the unex-
pired term. In the absence or disability of both the mayor and vice-
mayor, the council by majority vote of those present shall choose one of
their number to perform the duties of mayor.

Section 514. Appointment, qualifications and removal of city man-
ager.—The council shall appoint an officer of the city who shall have
the title of city manager and shall have the powers and perform the
duties as provided in this charter and under the general laws of the
State. No councilman shall receive such appointment during the term
for which he shall have been elected, nor within one year after the
expiration of his term.

The city manager shall be chosen by the council solely on the basis
of his executive and administrative qualifications with special reference
to his actual experience in, or his knowledge of, accepted practice in
respect to the duties of his office. At the time of his appointment, he
need not be a resident of the city or State, but during his tenure of
office he shall reside in the city. Upon assuming the duties of his office
the city manager shall be bonded in the sum of five thousand dollars.

The council shall appoint the city manager for an indefinite term
and may remove him by a majority vote of its members. At least thirtv
days before such removal shall become effective, the council shall by a
majority vote of its members adopt a preliminary resolution stating the
reasons for his removal. The manager may reply in writing and may
request a public hearing, which shall be held not earlier than twenty
days nor later than thirty days after the filing of such request. After such
public hearing, if one be requested, and after full consideration, the
council by majority vote of its members may adopt a final resolution
of removal. By the preliminary resolution the council may suspend the
manager from duty, but shall in any case cause to be paid him forthwith
any unpaid balance of his salary up to the date of the preliminary
resolution.

Section 10. Health board; health officer and other officers and
employees.—The common council shall have the power and authority to
create and maintain a health board and a health department. The health
department shall consist of a health officer appointed by the city manager
and of such other officers and employees as may be provided by ordinance.

Section 1l-a. Removal of officers and employees——Any officer or
employee appointed by the city manager, or by a head of any office,
department or agency, appointed by the city manager, may be removed
for cause by the manager or other appointed department head at any
time. Any such employee removed by a department head or city manager
shall have the right of appeal to the council and upon appeal such
employee shall be given a hearing either public or private as he may
elect. The decision of the council upon such hearing shall be final.
Pending final action the city manager may suspend such employee for
not more than ten days.

Section 11-b. Investigation by council or city manager.—The coun-
cil, or a committee of the council, shall have the power to inquire into
the conduct of any office, department, agency or officer of the city and
to make investigations as to municipal affairs, and for that purpose may
subpoena witnesses, administer oaths, and compel the production of
books, papers, and other evidence. Failure to obey such subpoena or to
produce books, papers or other evidence as ordered under the provisions
of this section shall constitute a misdemeanor. The city manager shall
have like powers over those departments under his supervision.

Section 15. The city manager; powers and duties—The city
manager shall be chief executive officer and the head of the administrative
branch of the city government. He shall be responsible to the council for
the proper administration of all affairs of the city and to that end, he shall
have power and shall be required to attend all meetings of the council,
recommend measures for adoption, see that the ordinances are fully
executed, make report of the city’s financial condition and future financial
needs, and shall prepare and submit a tentative budget for the next fiscal

ear.
y The city manager shall appoint and when necessary for the good of
the service remove all employees of the city except as may otherwise be
provided by this charter or general law and except as he may authorize
the head of a department or office to appoint and remove subordinates in
such department or office, subject to the provisions of section eleven-a
of this charter.

Section 16. Absence of city manager—To perform the duties of
city manager during his temporary absence or disability, the council shall
by resolution appoint an officer of the city to perform the duties of the
manager until he shall return or his disability shall cease.

Section 17. Budget—(a) Preparation and submission of bud-
get.—The city manager, at least thirty-five days prior to the beginning
of each budget year, shall submit to the council a budget and an explana-
tory budget message. For such purposes, at such date as he shall
determine, he shall obtain from the head of each office, department or
agency estimates of revenue and expenditure of that office, department
or agency, detailed by organization units and character and object of
expenditure, and such other supporting data as he may request; together
with an estimate of all capital projects pending or which such department
head believes should be undertaken (a) within the budget year and
(b) within the five next succeeding years. In preparing the budget, the
city manager shall review the estimates, shall hold hearings thereon and
may revise the estimates, as he may deem advisable.
The budget message shall contain the recommendation of the city
manager concerning the fiscal policy of the city, a description of the
important features of the budget plan, and explanation of all salient
changes in the budget submitted, as to estimated receipts and recom-
mended expenditures as compared with the current fiscal year and the
last preceding fiscal year, and a summary of the proposed budget showing
comparisons for at least the preceding two years.

(b) School and welfare budgets.—lIt shall be the duty of the school
and of the welfare boards to submit their budget estimates to the city
manager at the same time as other departments and in the form prescribed
by the city manager. The action of the city manager and council on the
school and welfare budgets shall relate to their total only and the school
and welfare boards shall have authority to expend in their discretion the
sum appropriated for their use, provided, that should they receive an
appropriation greater or less than their original request they shall forth-
with revise their estimate of expenditures and adopt appropriations in
accordance therewith. The school board and the welfare board shall before
the beginning of the fiscal year file with the city manager their budgets
as finally revised and its appropriations based thereon which need not be
itemized further than by operating units and principal objects of expen-
diture. They shall each have power to order during the course of the
fiscal year transfers from one item of appropriations to another, notice
of which shall be immediately transmitted to the city manager.

(c) Budget a public record—The budget and budget message and
all supporting schedules shall be a public record in the office of the city
clerk open to public inspection by anyone. The city manager shall cause
sufficient copies of the budget and budget message to be prepared for
distribution to interested persons.

(d) Publication of notice of public hearing —At the meeting of the
council at which the budget and budget messages are submitted, the
council shall determine the place and time of the public hearing on the
budget, and shall cause to be published a notice of the place and time, not
less than seven days after date of publication, at which the council will
hold a public hearing.

(e) Public hearing on budget.—At the time and place so advertised,
or at any time and place to which such public hearing shall from time to
time be adjourned, the council shall hold a public hearing on the budget
as submitted, at which all interested persons shall be given an opportunity
to be heard, for or against the estimates or any item thereof.

(f) Further consideration of budget——After the conclusion of such
public hearing, the council may insert new items or may increase or
decrease the items of the budget but only in such a manner that the total
anticipated revenue will equal the total proposed expenditures.

(g) Vote required for adoption —The budget shall be adopted by
the favorable votes of at least a majority of all the members of the council
voting.

(h) Date of final adoption; failure to adopt.—The budget shall be
finally adopted not later than the twenty-seventh day of the last month
of the fiscal year. Should the council take no final action on or prior to
such day, the budget, as submitted, shall be deemed to have been finally
adopted by the council.

(i) Budget message; current operations—The budget message
submitted by the city manager to the council shall be explanatory of the
budget, shall contain an outline of the proposed financial policies of the
city for the budget year and shall describe in connection therewith the
important features of the budget plan. It shall set forth the reasons for
salient changes from the previous year in cost and revenue items and
shall explain any major changes in financial policy.

Section 22. The police force shall be under control of the city man-
ager for the purpose of enforcing peace and order and executing the laws
of the State and ordinances of the city. They shall also perform such
other duties as the common council may prescribe. For the purpose of
enabling them to execute their duties and powers, each policeman is
hereby made a conservator of the peace and endowed with all the powers
of a constable in criminal cases, and all other powers which under the
laws of the State may be necessary to enable him to discharge the duties
of his office.

Section 24. No money shall be paid out by the city treasurer except
by order of the common council and upon a warrant of the clerk of the
common council countersigned by the city manager.

Section 38. The jailer of the county of Norfolk is hereby authorized
to receive into his jail, and there keep until released in accordance with
law, any person regularly committed to his jail for the violation of any
city ordinance, regulation or by-law; and unless otherwise provided by
city ordinances any sentence or imprisonment imposed or order for
confinement in prison for non-payment of any fine, penalty or costs
imposed by the trial justice for the violation of a city ordinance, regula-
tion or by-law, may be either in the city prison or in the county jail of
Norfolk County as the trial justice imposing such sentence or making
such order shall designate.

Section 45. All acts or parts of acts in conflict with this act are
hereby repealed in so far as they affect the provisions of this act. Nothing
in this act contained shall affect the term of any member of the common
council who may be in office when this act takes effect.

2. An emergency exists and this act is in force from its passage.