CHAPTER 135

AN ACT to amend Chapter 210 of the Acts of Assembly of 1942, approved
March 18, 1942, which provided a new charter for the town of Chinco-
teague, by adding a section numbered 2 in Chapter II thereof, author-
izing the Council to provide for daylight saving time, and to amend and
reenact §§ 8, 6 and 7 of Chapter V thereof relating to the council and
the town sergeant.

{S 127]

Approved February 28, 1958

Be it enacted by the General Assembly of Virginia:

1. That Chapter 210 of the Acts of Assembly of 1942, approved
March 13, 1942, be amended by adding a section numbered 2 in Chapter II
thereof, and that §§ 3, 6 and 7 of Chapter V thereof be amended and reen-
acted, the new section and amended sections being as follows:

§ 2. The council may by resolution require, provide for and enforce
daylight saving time in the town. Such time when so prescribed shall
govern the conduct of all businesses and town elections within the cor-
porate limits of the town.

§ 3. (a) At the regular municipal election to be held in the town
on the second Tuesday in June in the year nineteen hundred and * fifty-
nine, and every two years thereafter, there shall be elected, in the manner
prescribed by law, six councilmen and a mayor. The mayor shall be
elected for a * term of * four years beginning on the first day of September
next succeeding * his election and every four years thereafter. The three
councilmen, each of whom has received more votes in said election than
any of the other members, shall serve as members of the council for terms
of four years each. The remaining three members shall serve for a term
of two years each.

In the regular municipal election to be held on the second Tuesday of
June, nineteen hundred and sixty-one, and every two years thereafter, three
councilmen shall be elected for terms of four years each. Terms of office
shall begin on the first day of September next following their election.
Each councilman and the mayor elected as hereinabove provided shall
serve for the term stated or until his successor has been elected and quali-
fied. Each * councilman and the mayor elected as hereinabove provided
shall serve for the term stated or until his successor shall have been
elected and qualified. The council shall be a continuing body, and no meas-
ure pending before such body shall abate or be discontinued by reason of
expiration of the term of office or removal of the members of said body or
any of them. Vacancies in the council by any officer therein shall be filled
within * sixty days after such vacancy occurs for the unexpired term by
a majority vote of the remaining members; * provided, that if the term of
office to be filled does not expire for two years or more after the next
regular election for councilman, following such vacancy and such vacancy
occurs in time to permit it, then the council shall fill such vacancy only for
the period then remaining until such election, and a qualified person shall
then be elected by the qualified voters and shall from and after the date
of his election and qualification succeed such appointee and serve the un-
expired term. The number of candidates for council equal to the number of
vacancies to be filled for full terms receiving the highest number of votes
shall be entitled to such full terms and the candidate receiving the next
highest number of votes shall be entitled to the unexpired term caused by
such vacancy.

(b) The council shall, by ordinance, fix the time for their stated
meetings. Special meetings shall be called by the clerk of the council
upon the request of the mayor, or any three members of the council; no
business shall be transacted at a special meeting but that for which it
shall be called, unless the council be unanimous. The meetings of the
council shall be open to the public, except when the public welfare shall
require executive sessions.

If any member of the said council shall be voluntarily absent from
three regular meetings of the council consecutively, his seat may be deemed
vacant by resolution of the council and thereupon his unexpired term shall
be filled according to the provisions of this act.

* Chief of Police

§ 6. There shall be appointed by the council a * chief of police who
shall qualify and give bond in such amount as the council may require. He
shall be vested with powers of a conservator of the peace, and shall have
the same powers and discharge the same duties as a constable within
the corporate limits of the town and to a distance of one mile beyond
the same, and shall perform such other duties as may be from time to
time prescribed by the council.

§ 7. (a) The town council may combine offices when not expressly
prohibited, except that the assessing and collecting officers shall not be
the same person.

(b) The town council shall grant and pay to all town officers and
employees such salaries or compensation, if any, as the said council may
from time to time deem just and proper, or which shall be fixed by this act,
except as such salaries or compensation may be fixed by general law.

(c) If any person, having been an officer of such town, shall not
within ten days after he shall have vacated, or removed from office, and
upon notification or request of the clerk of the council, or within
such time thereafter as the town council shall allow, deliver over to his suc-
cessor in office all property, books, and papers belonging to the town, or
appertaining to such office in his possession or under his control, he shall
forfeit and pay to the town the sum of five hundred dollars, to be sued for
in the name of the town and recovered with costs; and all books, records,
and documents used in any such office by virtue of any provision of this
act, or of any ordinance or order of the town, council, or any superior
officer of the said town, shall be deemed the property of the said town
and appertaining to said office, and the chief officer thereof shall be re-
sponsible therefor.

(d) All officers hereafter elected under this act, shall be elected
at the times and for the terms, as hereinbefore provided, and shall enter
upon the discharge of their duties, in accordance with the provisions of
the general laws of this State concerning town officers.

(e) The town of Chincoteague and the officers thereof, elected or
appointed in accordance with the provisions of this act, shall be clothed
with all the powers, and be subject to all the provisions of law not in
express conflict with the provisions of this act.

(f) The mayor, the town councilmen, the * chief of police and the
members of the police force of the town shall have jurisdiction, power and
authority in criminal and police matters for one mile from the corporate
limits of the said town.

(g) All officers elected or appointed under the provisions of this
charter, shall, unless otherwise provided under general law or by this
charter, or by ordinance of the council, execute such bond with such ap-
proved security as may be required by general law, by this charter, or by
ordinance or resolution of the council, and file the same with the town
clerk before entering upon the discharge of their duties; and in event
of default on the part of any bonded municipal officer, the town shall
have the same remedies against him and his sureties as are provided for
the State in enforcing the penalty of any official bond given to it. ;
(h) All officers elected or appointed under the provisions of this
charter shall take the oath of office required by general laws before enter-
ing upon the discharge of his duties, and if these requirements have not
been complied with within thirty days after the term of office shall have
begun or after his appointment to fill a vacancy, then such office shall be
considered vacant.
2. An emergency exists and this act is in force from its passage.