CHAPTER 417

AN ACT to repeal §§ 5 and 9 of an act entitled “An Act to provide
a new charter for the town of Liberty, to extend its limits and
change the name to Bedford City’, approved March 8, 1890, as
amended, which town is now designated Bedford, the sections
relating to removal of officers and duties of mayor; and to
amend such act by adding two sections numbered 41 and 42,
the sections relating to town manager and to departments,
officers and employees of town government.

[H 691]
Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 5 and 9 of an act entitled “An act to provide a new

charter for the town of Liberty, to extend its limits and change the

name to Bedford City”, approved March 3, 1890, as amended are
repealed.

2. That an act entitled “An act to provide a new charter for the

town of Liberty, to extend its limits and change the name to Bed-

ford City”, approved March 3, 1890, as amended be further
amended by adding two sections numbered 41 and 42 as follows:

§ 41. The Town Manager.—At its first meeting on or after
September 1, 1950, or as soon thereafter as is practicable, the
council shall select some qualified male individual to serve as town
manager. The town manager shall be the administrative and
executive head of the municipal government; he shall be chosen
by the council without regard to his political beliefs or affiliations
solely on the basis of his executive and administrative qualifica-
tions and ability; the choice shall not be limited to the inhabitants
of the Town of Bedford or to the State of Virginia; he shall be
appointed for an indefinite period and shall hold office at the
pleasure of the council, or for a term of two years, if the council
so provides; he shall, however, be subject to removal by the
council at any time for misfeasance, malfeasance, neglect of duty
or incompetency; his removal shall be after a hearing by the coun-
cil on written charge of which he xhall be given five days notice.
Pending such hearing, or upon the filing of written charges, the
council may suspend him from office. The decision of the council
in any hearing brought or held hereunder shall be final, and there
shall be no liability upon the town for or on account of his re-
moval.

The town manager shall receive such compensation as shall
be provided by the council by ordinance or resolution. He shall be
bonded as the council may deem necessary. During his absence or
disability or in the case of a vacation, the council may designate
some properly qualified person to perform the duties of the town
manager during such absence, disability or vacancy.
POWERS AND DUTIES OF THE TOWN MANAGER

The town manager shall be responsible to the mayor and the
council for the proper administration of all the affairs of the town
coming within his jurisdiction under the town’s charter, the gen-
eral law or the ordinances or resolutions of the council, the
efficient administration of all officers and departments of the town
that come under his jurisdiction.

He shall have the power and it shall be his duty:

(a) To see that all laws and ordinances are enforced ;

(b) Except as otherwise provided: by charter, to appoint such
town Officers and employees as the council shall determine and
authorize as are necessary for the proper administration of the
affairs of the town, with the power to discipline, suspend or remove
any such officer or employee, with the exception that the removal
or suspension of the head of any departments as hereinafter men-
tioned shall be subject to the approval of the council at a hearing
to be held within ten days after the removal, or suspension, upon
written notice, to the department head so removed or suspended.
The action of the council in sustaining or overruling the removal
or suspension by the town manager of the department head shall
be final. The appointment or removal of any town employee shall
be reported to the council at its next meeting following such ap-
pointment or removal. The town manager shall have no authority
to suspend or remove the head of the financial or legal depart-
ments, or the clerk of the council. However, he shall immediately
report to the council any misfeasance, malfeasance, neglect of duty
or incompetency of the head of said departments, with such recom-
mendations as in his opinion are proper, for such action as the
council may see fit to take.

(c) To attend all meetings of the council with the right to
take part in the discussion, but to have no vote;

(d) To recommend to the council for adoption such measures
as he may deem necessary or expedient;

(e) To make reports to the council from time to time upon the
affairs of the town and to keep the council fully advised of the
town’s financial condition and its future financial need;

(f) To exercise constant supervision or control of all depart-
ments of the town herein created or that may be hereafter created
by the council and to have general supervision of public improve-
ments, works and undertakings;

(g) To prepare and submit to the council a tentative budget
for the ensuing fiscal year at its meeting in the month of Mav of
each year or at such other meeting as the council may by proper
resolution direct ;
(h) To perform all such other duties as may be prescribed by
charter, or required of him by ordinance or resolution of the
council;

(1) The town manager shall be directly and immediately re-
sponsible to the mayor and the council for the proper and efficient
administration of all the affairs of the town and further, for the
proper functioning of all departments, with the exception of the
financial and legal departments.

(j) Except for the purpose of inquiry, the mayor and council
and its members shall deal with the administrative service solely
through the town manager, and neither the mayor, the council nor
any member thereof, shall give orders to any of the subordinates
of the town manager, either publicly or privately. Any such orders
or other interferences on the part of the mayor and council or any
of its members with subordinates or appointees of the town mana-
ger, instead of dealing or communicating direct with the town
manager, is prohibited.

§ 42. Departments.—The following Departments are hereby
created :

A. Department of Finance.

B. Department of Electricity and Power.
C. Department of Water and Sewers.

D. Department of Streets and Maintenance.
E. Department of Police.

I’. Department of Law.

G. Fire Department.

At the head of each department shall be a director who shall
be selected by the council with the advice of the town manager,
provided that the same individual may be selected as the director
of two or more departments.

The council shall by ordinance determine and prescribe the
functions of each department and may create new departments,
combine existing departments and establish new departments for
special work, when, in its opinion, the proper administration of the
town requires it.

Except the directors of the departments of finance and law,
who shal] be immediately responsible to the council, the director
of each department shall be immediately responsible to and sub-
ject to the direction of the town manager for the administration of
his department. Each director shall be chosen on the basis of his
or her general executive or administrative experience and ability,
his or her education, training and experience in the class of work
he or she is to administer.
In addition to the above departments, the council shall elect a
town clerk who shall serve at the pleasure of the council for a term
of two years.

(a) He shall be the clerk of the council, shall attend all meet-
ings thereof, shall keep a permanent record of its proceedings; he
shall keep all papers, documents and records pertaining to the
town of Bedford, Virginia, the custody of which is not otherwise
provided for;

(b) He shall be custodian of the town seal, and shall affix it
to all documents and instruments requiring the seal, and shall at-
test the same. He shall give to the proper department or officials
ample notice of the expiration or termination of any franchise,
contracts, or agreements.

(c) He shall, upon final passage, transmit to the proper de-
partments or officials copies of all ordinances or resolutions of the
council relating in any way to such departments or to the duties
of such officials. He shall perform such other duties as are re-
quired by charter or by the council by ordinance or resolution.

THE TOWN TREASURER

The town treasurer shall be the director of the department of
finance; he shall be selected by and shall serve at the pleasure of
the council.

(a) He shall be the disbursing agent of the town and shall
have the custody of all monies, bonds, surety bonds and all evi-
dences of value belonging to or held in trust by the town;

(b) He shall receive all monies belonging to and received by
the town and keep a correct account of all receipts from all sources
and expenditures of all departments;

(c) He shall collect all taxes and assessments, electric and
power bills, water and sewer bills and all other charges belonging
to and payable to the town, and for that purpose, he shall hereby
be vested with any and all powers which are now or may hereafter
be vested in county and city treasurers for the collection of county,
city and State taxes under the general law.

(d) The town treasurer shall give bond in an amount to be
prescribed by the counci] with surety approved by the council.

THE SUPERINTENDENT OF THE ELECTRIC DEPARTMENT

The superintendent of the electric department shall be the
director of the department of electricity and power: he shall be
selected by the council upon the advice and recommendation of the
town manager and shall serve at the pleasure of the council sub-
ject to removal by the town manager, with the approval of the
council as hereinbefore set out.
(a) He shall have immediate direction, supervision and control
Jf the department of electricity and power, subject, however, to the
supervision of the town manager and to such rules, regulations and
orders as the town manager may prescribe;

(b) He shall issue all orders, rules and regulations for the
efficient and proper operation of the department of electricity and
power ;

(c) In case of his disability, absence or removal, the town
manager shall designate some other qualified person to perform his
duties and to act as such superintendent during his absence or
disability.

THE SUPERINTENDENT OF WATER

The superintendent of water shall be the director of the depart-
ment of water and sewers; he shall be selected by the council
upon the advice and recommendation of the town manager and
shall serve at the pleasure of the council subject to removal by the
town manager, with the approval of the council as hereinbefore
set out.

(a) He shall have immediate direction, supervision and control
of the water and sewer department, subject, however, to the super-
vision of the town manager and to such rules, regulations and
orders as the town manager may prescribe;

(b) He shall issue all orders, rules and regulations for the
efficient and proper operation of the water and sewer department ;

(c) In case of his disability, absence or removal, the town
manager shall designate some other qualified person to perform
his duties and to act as such superintendent during his absence
or disability.

THE SUPERINTENDENT OF STREETS

The superintendent of streets shall be the director of the de-
partment of streets and maintenance; he shall be selected by the
council upon the advice and recommendation of the town manager
and shall serve at the pleasure of the council subject to removal
by the town manager, With the approval of the council as hereinbe-
fore set out.

(a) He shall have immediate direction, supervision and con-
trol of the street and maintenance department, subject, however, to
the supervision of the town manager and to such rules, regulations
and orders as the town manager may prescribe;

(b) He shall issue all orders, rules and regulations for the
efficient and proper operation of the street and maintenance de-
partment:

(c) In case of his disability. absence or removal. the town
manager shall designate some other qualified person to perform
his duties and to act as such superintendent during his absence
or disability.

DEPARTMENT OF POLICE

The department of police shall be composed of a chief of police
and such other officers, patrolmen and other employees as the
council may determine. The chief of police shall be the director
of the department of police; he shall be selected by the council
upon the advice and recommendation of the town manager and
shall serve at the pleasure of the council subject to removal by the
town manager with the approval of the council as hereinbefore
set out.

The chief of police shall have the immediate direction and con-
trol of the department of police, subject, however, to the super-
Vision of the town manager and subject to such rules, regulations
and orders as the town manager may prescribe. The chief of
police shall issue to his subordinates all orders, rules and regula-
tions for the government of the department.

In case of disability, absence or other cause of the chief of
police which shall prevent him from performing his duties, the
town manager shall designate some member of the police depart-
ment to act as chief of police during such disability or absence.

The members of the department of police, with the exception
of the chief of police, shall be appointed by and may be removed
by the town manager. Each member of the police department
shall before entering upon the duties of his office take and sub-
scribe an oath before the mayor that he will faithfully and without
fear or favor perform the duties of his office, and such oath shall
be filed with the town clerk and preserved with the records of his
office. Each member of the department, if so required by the
council, shall give bond in such penalty and with such surety as
the council by ordinance may prescribe.

NO person except as otherwise provided by general law or by
charter shall act as special police, special detective or other special
officer for any purpose whatsvever, except upon written authority
from the town manager; such authority when conferrred, shall be
exercised only under the direction and control of the chief of police
and for a specified time, provided, however, that the council may
from time to time designate the maximum number of such special
police, special detectives or other special police officers.

The officers and patrolmen constituting the police force of said
town shall be, and they are, hereby vested with all of the power
ind authority which pertains to the office of constable at common
aw in taking cognizance of and in enforcing criminal laws of the
State and the ordinances and regulations of the said town, and
t shall be the duty of each such officer and patrolman to use his
vest endeavors to prevent the commission within the said town of
offenses against the laws of said State, and against the ordinances
and regulations of said town; to observe and enforce all such laws,
ordinances and regulations; to detect and arrest offenders against
the same; to preserve the good order of said town and to secure
the inhabitants thereof from violence and the property therein
from injury. Such policemen shall have no power or authority in
civil matters, but shall execute any criminal warrant or warrant
of arrest and summons in criminal cases that may be placed in
his hands, by any justice of the peace of the town and shall make
due return thereof.

DEPARTMENT OF LAW

The town attorney shall be the director of the department of
law; he shall be a duly qualified and practicing attorney of said
town and shall be selected by the council and shall serve at the
pleasure of the council.

(a) He shall be the legal advisor of and the attorney and
counsel for the municipality and of all its officers in matters
relating to their official duties; he shall upon request give written
opinions to the mayor, council or town manager or any Official
commission of the town and shall file a copy of the same with the
town clerk ;

(b) He shall conduct for the town all cases in court whenever
the town is a party thereto and shall appear before the mayor to
represent the town in the capacity of prosecutor for all violations
of the town ordinances; he shall also appear in the circuit court
of Bedford County and represent the town in the capacity of
prosecutor in any case which has been appealed from a decision of
the mayor;

(c) He shall prepare or officially pass upon all contracts, bonds
and instruments in writing in which the town is concerned, and
shall certify before execution as to the legality and correctness
thereof ;

(d) He shall perform all such other duties as may be pre-
scribed by charter or by the mayor and council.

FIRE DEPARTMENT

The fire department shall be composed of a chief and such other
Officers and firemen as may be elected by the members of the Bed-
ford volunteer fire department. The selection of the chief of the
department shall be subject to the approval of the council. The
chief of the fire department shall serve at the pleasure of the
council subject to removal by the town manager, with the approval
of the council] as hereinbefore set out.

The chief of the fire department shall receive such annual
compensation as the council may from time to time fix, and the
council shall appropriate sufficient monies for the purpose of the
proper and efficient operation of said fire department.

The chief of the fire department shall have immediate direction
and control of the said department subject to the supervision of
the town manager and to such rules and regulations as the town
manager may prescribe. :

The chief of the fire department, his assistants or firemen
are authorized to exercise the powers of police officers while going
to, attending or returning from any fire or alarm of fire.