CHAPTER 430

AN ACT to amend and reenact § 63 of Chapter 34 of the Acts of

Assembly of 1918, approved February 7, 1918, which provided

a charter and special form of government for the City of Nor-

folk, as said section has been heretofore amended, said section
relating to supervision in Divisions of Police and Fire.

[S 260]

Approved April 6, 1950

Be it enacted by the General Assembly of Virginia:

1. That section sixty-three of Chapter thirty-four of the Acts of
Assembly of nineteen hundred eighteen, approved February seven,
nineteen hundred eighteen, which provided a charter and special
form of government for the City of Norfolk, as said section has
been heretofore amended, be and the same is hereby amended and
reenacted so as to read as follows:

§ 63. Supervision in Divisions of Police and Fire.—The chief
of police and the fire chief, with the approval of the director of
public safety, except as hereinafter provided, shall have the right
and power to reprimand, or to suspend, for a given number of days
or indefinitely, any of the officers and employees in their respective
divisions who may be under their management and control, for in-
competence, neglect of duty, immorality, drunkenness, failure to
obey orders given by proper authority, or for any other just and
reasonable cause. If any such officer or employee be suspended for
more than ten days or be suspended indefinitely, the chief of the
division concerned shall forthwith certify in writing the fact, to-
gether with * the cause for such suspension, to the Trial Board *
hereinafter provided for, and a copy of such certificate of suspen-
sion, * and the cause therefor, shall be promptly served * on such
officer or employee, which service may be by an officer of his divt-
sion or in the manner prescribed by law for the service of civil
process,

Any officer or employee so suspended may, within ten days
after he shall have been so served with such certificate * of suspen-
sion and the cause therefor, file with said Trial Board a written
request for a hearing upon the accusations so made against him,
whereupon said Trial Board shall, after not less than five days’
written notice to * such officer or employee, and to the chief of the
division by whom he has been suspended, hold and conduct a *
hearing, which shall be open to the public, upon such accusations,
at a time and place * to be specified in such notice, and may render
judgment thereon. Such judgment, in the event said accusations *
or any of them are, in the opinion of said Trial Board, sustained,
may be a reprimand, * ertra duty without extra compensation,
suspension for a fired time, reduction in rank, or dismissal, as to
said Trial Board may seem proper, * which judgment shall be final,
subject to the right of appeal to the City Manager as hereinafter
provided.

Whenever the judgment of the said Trial Board is that the *
accusations were not sustained, i¢ may order the reinstatement of
such officer or employee in the office * or position from which *
he was suspended. * Such order of reinstatement * may, in the
discretion of said Trial Board, be retroactive and * provide that
such officer or employee shall be entitled to compensation * for all
or part of the time he was so suspended.

From any * judgment of said Trial Board * such officer or
employee shall have the right to appeal to the City Manager at any
time within, but not after, ten days from the date of such judg-
ment, and the accusations shall be heard de novo by the City Man-
ager at such time * as he may designate, of which at least five days’
written notice shall be given to * such officer or employee, or to
hts counsel, and to the chief of the division by whom he was origin-
ally suspended.

The City Manager shall, after such hearing, render judgment
on said accusations, which judgment, if the City Manager considers
said accusations, or any of them, sustained, may be a reprimand,
extra duty without extra compensation, suspension for a fired time,
reduction in rank, or dismissal; and such judgment of the City
Manager thereon shall be final.

In the event any such officer or employee who is suspended for
more than ten days or suspended indefinitely shall not file with
said Trial Board a written demand for a hearing as hereinabove
provided, the chief of the division by whom he was suspended may
file with such Trial Board a written request for a hearing on such
accusations, and the proceedings thereon shall be the same as are
hereinabove provided in cases where such hearing has been re-
quested by such suspended officer or employee.

The Trial Board above referred to shall be known as the Nor-
folk Police-Fire Trial Board, and the members thereof shall be
appointed by the * Council. J¢ shall consist of not less than three
nor more than five members, in the discretion of the Council, who
shall be qualified voters residing in the city, none of whom shall
be in any way connected with any other city office. The first ap-
pointment of the members of the said Trial Board shall be for a
term of one year commencing July 1, 1950, and all subsequent ap-
pointments shall be for consecutive terms of one year. Any mem-
ber may be appointed for a consecutive term or terms, and any
vacancy shall be filled by appointment by the Council for the re-
mainder of the unexpired term. The judgment of a majority of the
members appointed on said Trial Board shall control. The mem-
bers * shall receive such compensation as may be provided by Coun-
cil. Each member shall, before entering upon the duties of his
office, take and subscribe the oaths provided by § 133 of this char-
ter for City officers.

The Council shall designate one member of said Trial Board
as Chairman thereof. The Chairman shall have the power to sub-
poena witnesses, administer oaths and compel the production of
any books and papers in connection with any hearing held here-
under by said Trial Board, Any person refusing or failing to ap-
pear and testify or to produce such books and papers, or who shall
testify falsely under oath at any hearing held by said Trial Board,
may be proceeded against in the same manner and shall be subject
to the same penalties as provided by § 51 of this Charter relating
to investigations as to city affairs.

The Council shall also destqgnate one member of said Trial
Board as Vice Chairman thereof to act in the absence, disability
or inability to act of the Chairman, and when so acting, the said
Vice Chairman shall have all the powers herein conferred upon the
Chairman.

Any such officer or employee against whom accusations are so
filed shall have the right to be represented by counsel at any hear-
ing before said Trial Board or before the City Manager on appeal.
All notices required to be given the Trial Board may be given to
the Chairman thereof, or in his absence, to the Vice Chairman.

2. This act shall be in effect on and after July 1, 1950.