CHAPTER 33

AN ACT to amend and reenact § 4 of Article IV, § 14 of Article IV, § 2 of
Article VI and § 2 of Article VII of Chapter 288 of the Acts of Assem-
bly of 1952, approved March 8, 1952, being the charter of the town
of Poquoson, the sections relating to compensation of council mem-
bers; to the appointment, compensation, powers and duties of the
town attorney; to the appointment of school trustees, and to the
appointment, term of office, qualifications, powers and duties of
police justice; to provide for a referendum thereon and to provide
for the effect of such referendum. CH. 28)

Approved February 13, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 4 of Article IV, § 14 of Article IV, § 2 of Article VI, and
§ 2 of Article VII of Chapter 238 of the Acts of Assembly of 1952,
approved March 8, 1952, be amended and reenacted as follows:

Article IV, § 4. * * * Councilmen shall receive the sum of twenty-
five dollars per month for their services and the mayor shall receive thirty-
seven dollars and fifty cents per month.

Article IV, § 14. The council may appoint an attorney for the town
for an indefinite term, who shall be an attorney at law licensed to practice
under the laws of the Commonwealth *. He shall receive such compensa-
tion and fees as shall be provided by the council by ordinance or resolu-
tion. He shall have the following powers and duties:

(a) To be the legal advisor of the council, the town manager and of
all departments, boards, commissions and agencies of the town, including
the school board, in all matters affecting the interests of the town and
shall upon request furnish a written opinion on any question of law
involving their respective official powers and duties.

(b) To prepare, at the request of the town manager or any member
of the council, ordinances for introduction and, at the request of the
council or any member thereof, shall examine any ordinance after intro-
duction and render his opinion as to the form and legality thereof.

(c) To draw and approve all bonds, deeds, leases, contracts or other
instruments to which the town is a party or in which it has an interest.

(d) To represent the town as counsel in any civil case in which it
is interssled and in any criminal case when so requested by the town
council.

Article VI, § 2. * * There shall be for the town of Poquoson a school
board of five trustees, who shall be appointed by the town council from
the residents and qualified voters of the town. The school trustees who
are serving the town when this amendment to the charter takes effect
shall continue to serve until the expiration of the term to which appotnted.
The term of office for which any trustee appointed under this charter
shall serve shall be no more than five years, and the council may provide
terms of less than five years when this amendment to the charter does take
effect in order that there shall be a term of a school trustee expiring each
year. A school trustee may be appointed to two consecutive terms but no
school trustee shall be appointed for more than two consecutive terms.

Article VII, § 2. Said police justice shall be appointed by the council,
at its first meeting in December, nineteen hundred fifty-two, and at its
first meeting in September every two years thereafter, for a two year
term unless sooner removed by the council upon proven charges preferred
for malfeasance or misfeasance, neglect of duty, or incompetency. Said
justice shall remain in office until his successor is appointed and qualified.
Before entering upon the discharge of duties as police justice, the person
so appointed shall subscribe to the oath prescribed for State officers, and
shall give such bond as may be required by council. The mayor, or any
qualified attorney at law residing in the town of Poquoson, or within *
twenty miles of the corporate limits thereof may be appointed as police
justice. If the mayor is appointed as police justice he shall discharge such
duties as the police justice of the town under this charter and not as the
mayor of the town, in addition to the duties of mayor imposed upon him
by this charter; and his powers, duties, authority and jurisdiction as such
police justice shall be as hereinafter provided for the police justice. Should
the mayor be appointed police justice he shall receive the salary of mayor
provided for the discharge of his duties as mayor, in addition to such
salary as may be provided for the police justice.

2. The Circuit Court of the County of York or the judge thereof in
vacation shall, not less than sixty days nor more than ninety days after
the effective date of this act enter an order requiring the proper judges
of election for the town of Poquoson, on a date stated therein, to open a
poll and take the sense of the qualified voters of the town on the questions,
severally, of whether § 4 of Article IV, § 14 of Article IV, § 2 of Article
VI and § 2 of Article VII of the charter of the town of Poquoson shall
be amended as the said sections are set forth hereinabove. The poll shall
be taken at a special election, called for that purpose, to be held not less
than thirty days nor more than ninety days from the date of said order
CH. 33] ACTS OF ASSEMBLY 33

but in no event within thirty days prior to or following a regular election
in the town. ‘

Notice of the holding of the election shall be given by the posting by
the sheriff of the county of York of one or more copies of a notice in
such form as may be prescribed by the judge of the circuit court of the
county at each polling place in the town not less than fifteen days prior
to the date stated in the order of the circuit court, or the judge thereof
in vacation, directing the election to be held.

The ballots for use at such election shall be provided and distributed
by the electoral board for the town, within the time and in the manner
prescribed by law and, on the day fixed by the order made by the court
or judge, for the holding of the election, the regular election officers of
the town shall open a poll and take the sense of the qualified voters of the
town on the questions hereinabove mentioned. Such election shall be held
and conducted in the same manner prescribed by law for other elections,
provided however, that the ballots for use at the election shall be printed
to read as follows:

Question: Shall § 4 of Article IV of the charter of the town of
Poquoson be amended so that councilmen shall receive the fixed sum of
twenty-five dollars per month and the mayor shall receive the fixed sum
of thirty-seven dollars and fifty cents per month for their services?

0 Yes

ONo

Question: Shall § 14 of .Article IV of the charter of the town of
Poquoson be amended so as to remove the requirements that the town
attorney shall have practiced law for at least five years immediately pre-
ceding his appointment and shall be a resident of the town?

CJ Yes

OD No

Question: Shall § 2 of Article VI of the charter of the town of
Poquoson be amended so as to provide for five school trustees whose terms
of office shall not exceed five years but may be less as provided by the
town Sore and to limit school trustees to two successive terms?

L] Yes

(J No

Question: Shall § 2 of Article VII of the charter of the town of
Poquoson be amended so as to permit the police justice to reside within
twenty miles of the corporate limits of the town of Poquoson?

DD Yes

OO No

Votes shall be cast, ballots shall be counted and the returns be made
and canvassed upon each of the questions as in other elections and the
results certified by the commissioners of election to the clerk of the court
or the court or judge calling such election.

If it appear by the report of the commissioners of election that a
majority of the voters of the town voting on any one of the questions are
in favor of the amendment of any section of the charter of the town of
Poquoson as hereinabove provided the clerk of the court shall certify that
section as amended to the Circuit Court, or the judge thereof in vacation,
whereupon the Circuit Court or the judge thereof in vacation shall enter
that fact of record.

Upon the entry of such order by the court or judge thereof in vaca-
tion, that the result of such election be for the amendment of § 4 of
Article IV, or § 14 of Article IV, or § 2 of Article VI, or § 2 of Article
VII, of Chapter 238 of the Acts of Assembly of 1952, approved March 8,
1952, or any of them, as hereinabove set forth, the amendment of such
sections or section shall become effective. But if the result of such election
be against the amendment of the said sections, or any of them, then the
amendment of such sections, or such of them as the election be not for,
shall not become effective.

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