CHAPTER 248

AN ACT to authorize and empower the governing body of certain
counties to appoint an executive secretary; to prescribe the
powers and duties of such executive secretary; to prescribe
the powers and duties of the governing body and certain
other county officers in relation thereto.

[ H 259 ]

Approved April 3, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. The governing body of any county in this State is
authorized to appoint an executive secretary to such governing
body and such appointment shall be evidenced of record by a
resolution of such governing body.

§ 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 governing body, to whom he shall be ac-
countable. He shall be appointed with regard to merit only,
and need not be a resident of the county at the time of his ap-
pointment, but must become an actual resident of the county and
in due course a bona fide resident. No member of such govern-
ing body 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
governing body, 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 gov-
erning body.

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

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

§ 3. The executive secretary shall be clerk to the govern-
ing body. It shall be his general duty:
First. To record in a book to be provided for that purpose
all of the proceedings of the governing body.

Second. To make regular entries of all the governing body’s
resolutions and decisions on all questions concerning the rais-
ing of money; and within five days after any order for a levy is
made, to deliver a copy thereof to the commissioner of the reve-
nue of his county.

Third. To record the vote of each supervisor on any ques-
tion submitted to the governing body, if required by any mem-
ber present.

Fourth. To sign all warrants issued by the governing body
for the payment of money, and to record, in a book provided for
that 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 governing body with its action thereon.

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

y.

Seventh. To attend to the execution of and enforce all
lawful resolutions and orders of the governing body 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 governing body or any county officer or employee
subject to the control of the governing body are faithfully ex-
ecuted, and to make report to the governing body 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 governing body
of all such matters whereon it should take action.

Ninth. To make monthly reports to the governing body in
regard to matters of administration, and keep it fully advised
as to the financial condition of the county.

Tenth. He shall prepare and submit to the governing body,
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 em-
ployment or in accordance with the law from which same arise;
to present such claims to the governing body for approval and
allowance after such audit; to draw all warrants in settlement
of such claims after approval and allowance by the governing
body. 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 expendi-
ture 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 governing body; and monthly to pre-
pare and submit to the governing body statements showing the
progress and status of the affairs of the county in such form as
shall be specified by the governing body.

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 governing body. 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 governing body. He shall have
power, with consent of the governing body, to establish suitable
specifications or standards for all supplies, materials and equip-
ment to be purchased for the county, and to inspect all deliver-
ies 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 em-
powered to reject the same. He shall have charge of such store-
rooms and warehouses of the county as the governing body
may provide. He shall have the care and charge of all public
buildings and the furnishings and fixtures therein under the
control of the governing body.

All purchases and sales shall be made under such rules and
regulations as the governing body may by ordinance or resolu-
tion establish. Subject to such exception as the governing body
may provide, he shall before making any purchase or sale invite
competitive bidding under such rules and regulations as the gov-
erning body may by ordinance or resolution establish. He shall
not furnish any supplies, materials, equipment or contractual
services to any department or office or employee, except upon re-
ceipt 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
governing body 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 war-
rant, all claims against the county chargeable against the gen-
eral 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 governing body 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 the governing
y.

Fourteenth. To perform such other duties as may be im-
posed upon him by the governing body.

Fifteenth. To perform all such duties as may be required
of him by the governing body within the terms of the preceding
fourteen subsections of section three of this act as may be evi-
denced by a resolution of the governing body made of record.

Sixteenth. To perform all duties imposed by law upon the
county clerk as clerk of the governing body; all duties imposed
upon the county purchasing agent, and all duties imposed upon
the “local delinquent tax collector” provided for in §§ 58-990
and 58-991 of the Code, if such governing body so require of him,
In which event he shall have all the powers and duties imposed
by that section.

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

§ 5. (a) The governing body is empowered to require of
the executive secretary to it the performance of all or any of
the duties within the spirit or reason of this act and especially
those contained in the fourteen subsections of section three of
this act, the general status and precedents to the contrary
notwithstanding.

b) The governing body shall provide for the executive
secretary such office space, equipment, supplies and assistance,
including stenographic help, as it may deem necessary.

(c) The governing body is authorized 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 secre-
tary may be able to pay, with his warrant, such claims against
the county as the governing body 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 governing body appropriating and/or
setting aside any such sums of money provided for in this sec-
tion of this act. The governing body 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 governing body by resolution. The governing body 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 § 58-921
of the Code.

(d) Upon the appointment and qualification of the execu-
tive secretary authorized by this act the county clerk of such
county shall be relieved of his duties in connection with the gov-
erning body and all of his such duties shall be imposed upon and
performed by the executive secretary.

(e) No member of the governing body or other officer or
employee of the county, or person receiving a salary from funds
appropriated by the county, shall be interested directly or indi-
rectly 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 inter-
ested, directly or indirectly, in any work or service to be per-
formed 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 pur-
chased 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 governing body may at any time rescind its action
in appointing an executive secretary. When, and if, the govern-
ing body 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 governing body should
rescind its action appointing an executive secretary, the person
theretofore appointed such executive secretary shall forthwith
deliver to the governing body 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.
2. If any section, or part of section, of this act is hereafter
held by any court of competent jurisdiction to be unconstitu-
tional, such decision shall in no wise affect or render void the
remainder of this act, provided this act shall not apply to the
counties of Accomack, Northampton, Caroline, Essex, King and
Queen, and Norfolk.