CHAPTER 411

An Act to amend and reenact §§ 3 as amended, 3-a and 4 as amended of
Chapter 160 of the Acts of Assembly of 1946, approved March 11, 1946,
which was continued in effect by § 15-574 of the Code of Virginia,
relating to police departments and police forces in certain counties.

[S 168]
Approved April 3, 1954

Be it enacted by the General Assembly of Virginia:

1. That §§ 3 as amended, 3-a and 4 as amended, of Chapter 160 of
the Acts of Assembly of 1946, approved March 11, 1946, which was con-
tinued in effect by § 15-574 of the Code of Virginia be amended and re-
enacted as follows:

§ 38. Members of such police department shall be appointed by
the county manager of such county, upon the request and recommendation
of the chief of the department, and such appointments shall * be for an
indefinite period during the good behavior of the appointees * ; provided
that the county manager shall not be bound to appoint any or all prospec-
tive members of the department recommended by the chief of police, as
aforesaid, but shall have the right to reject the same when he deems it in
the public interest so to do. Provided, further, that in accordance with
rules and regulations covering the administration of disciplinary proced-
ures affecting members of the police force, including appeals, to be adopted
by the governing body of the county, as soon as feasible after the effective
date of this act, * any member of the police force may be discharged or *
suspended for such length of time as * may be deemed proper for any
failure to perform his duty or for the commission of any offense against
criminal laws of this or any other state or the District of Columbia or the
United States or for conduct unbecoming to a * police officer. When dis-
ciplinary action has been taken against a member of the police force sub-
sequent to the conclusion of the probationary period he shall be entitled to
notification in writing of the action taken and the grounds therefor, and an
appeal from this action to the trial board herein created must be made in
writing within five days from the receipt of this notification. * The county
manager shal] from the membership of the police force appoint a chief of
police * whose duties shall be to have supervision over and direct the police
department.

§ 3-a. In each county there shall be a trial board to hear and
decide appeals filed by members of the police department who have been
suspended, demoted, or discharged *. No member shall file any such
appeal unless and until he has been a member of the department for at least
* six months and has satisfactorily served his probationary period. Dts-
missals for cause or because of unsatisfactory service during the proba-
tionary period shall not be subject to review by the trial board. Such
board shall consist of a practicing lawyer of the local bar in good stand-
ing in the county appointed by the county board; a citizen of the county
selected by a majority vote of the members of the county police depart-
ment, the person thus selected shall be appointed by the county board; and
a third person appointed by the other two members within ten days after
their appointment; such members to serve for a period of one year from the
date of their appointment. The first appointments shall be made within
thirty days from the effective date of this act, wnless at that time there
shall be in existence such a trial board as previously provided by law. If
any member of the trial board shall resign, the vacancy shall be filled for
the unexpired term in the same manner as the original appointment. The
members of the trial board shall designate one of their number to act as
chairman of the board. After hearing an appeal the trial board shall ap-
prove, disapprove or decrease the disciplinary action previously taken, and
the action of such trial board on the appeal shall be final.

§ 4. All members of the said police force shall have the powers
and duties and be subject to the requirements and provisions as set forth in
in 8§ * 15-569, 15-570, and 15-571 of the Code of Virginia, except where
inconsistent with the foregoing sections of this act.