CHAPTER 644

HOUSE JOINT RESOLUTION NO. 65

Proposing amendment to § § 110, 118, 119 and 120 to the Constitution of
Virginia.
Agreed to by the House of Delegates, February 24, 1958
Agreed to by the Senate, March 7, 1958

Resolved by the House of Delegates, the Senate concurring, a majority
of the members elected to each house agreeing, That the following amend-
CH. 644] ACTS OF ASSEMBLY 1089

ments to the Constitution of Virginia be, and the same are hereby, pro-
posed and referred to the General Assembly at its first regular session held
after the next general election of members of the House of Delegates for
its concurrence, in conformity with the provisions of section one hundred
and ninety-six of the Constitution, namely:

Strike from the Constitution of Virginia Sec. 110, which is as follows:

Sec. 110. County officers, number, terms and compensation; county
organization.—There shall be elected by the qualified voters of each
county a treasurer, a sheriff, an attorney for the Commonwealth, and a
county clerk, who shall be the clerk of the circuit court; and there shall also
be elected by the qualified voters of each county one commissioner of the
revenue.

The duties and compensation of such officers shall be prescribed by
general law.

There shall be appointed for each county, in such manner as may be
provided by law, one county surveyor.

The General Assembly may provide for the election or appointment of
a superintendent of the poor, other ministerial and executive officers for
each county, and for the election or appointment of such officers for two
or more counties conjointly. The provisions for such conjointly elected or
appointed officers shall apply only to such counties as may adopt the same
by a majority vote of the qualified voters of each of such counties voting
in any election held for such purpose.

The General Assembly may provide for the consolidation by two or
more counties, or by one or more counties with one or more cities, of their
charitable and penal institutions. But such consolidation shall apply only
to such counties and cities as may authorize the same, in such manner as
has heretofore been, or may hereafter be, prescribed by law.

Notwithstanding the provisions of this article, the General Assembly
may, by general law, provide for complete forms of county organization
and government different from that provided for in this article, to become
effective in any county when submitted to the qualified voters thereof in an
pectin held for such purpose and approved by a majority of those voting
thereon.

And insert in lieu thereof the following:

Sec. 110. There shall be elected by the qualified voters of each county
a treasurer, a sheriff, an attorney for the Commonwealth, and a county
clerk, who shall be the clerk of the circuit court; and there shall also be
elected by the qualified voters of each county one commissioner of the
revenue; provided, if a majority of the qualified voters of each political
subdivision affected so decide, in an election held for the purpose, any or all
of such officers may be elected by the qualified voters of, and serve as such
officer for, two or more counties, or counties and cities.

The duties and compensation of such officers shall be prescribed by
general law.

There shall be appointed for each county, in such manner as may be
provided by law, one county surveyor.

The General Assembly may provide for the election or appointment of
a superintendent of the poor, other ministerial and executive officers for
each county, and for the election or appointment of such officers for two
or more counties or counties and cities conjointly. The provisions for such
conjointly elected or appointed officers shall apply only to such counties as
may adopt the same in the manner as shall be determined by the General
Assembly.

The General Assembly may provide for the consolidation by two or
more counties, or by one or more counties with one or more cities, of their
charitable and penal institutions. But such consolidation shall apply only
1090 ACTS OF ASSEMBLY [va., 1958

to such counties and cities as may authorize the same, in such manner as
has heretofore been, or may hereafter be, prescribed by law.

Notwithstanding the provisions of this article, the General Assembly
may, by general law, provide for complete forms of county organization
and government different from that provided for in this article, to become
effective in any county when submitted to the qualified voters thereof in an
election held for such purpose and approved by a majority of those voting
thereon.

Strike from the Constitution of Virginia Sec. 118, which is as follows:

Sec. 118. Clerks of city courts, elections, duties and number; only one in
city of less than thirty thousand inhabitants. In each city which has a
court in the office of which deeds are admitted to record, there shall be
elected, for a term of eight years, by the qualified voters of such city, a
clerk of said court, who shall perform such duties as may be required by

w.

There shall be elected in like manner and for a like term all such addi-
tional clerks of courts for cities as the General Assembly may prescribe, or
as are now authorized by law, so long as such courts shall continue in exist-
ence. In a city of less than thirty thousand inhabitants there shall be not
more than one clerk of the court, who shall be clerk of all the courts of
record in such city.

And insert in lieu thereof the following:

Sec. 118. In each city which has a court in the office of which deeds
are admitted to record, there shall be elected, for a term of eight years, by
the qualified voters of such city, a clerk of said court, who shall perform such
duties as may be required by law; provided, if a majority of the qualified
voters of the political subdivision affected so decide, in an election held for
the purpose, such clerk may be elected by the qualified voters of, and serve
as such clerk for, two or more cities, or cities and counties.

There shall be elected in like manner and for a like term all such addi-
tional clerks of courts for cities as the General Assembly may prescribe, or
as are now authorized by law, so long as such courts shall continue in exist-
ence. In a city of less than thirty thousand inhabitants there shall be not
more than one clerk of the court, who shall be clerk of all the courts of rec-
ord in such city.

Strike from the Constitution of Virginia Sec. 119, which is as follows:

Sec. 119. Commonwealth’s attorney in cities; commissioner of revenue
in cities. —In every city, so long as it has a corporation court, or a separate
circuit court, there shall be elected, for a term of four years, by the qualified
voters of such city, one attorney for the Commonwealth, who shall also, in
those cities having a separate circuit court, be the attorney for the Com-
monwealth for such circuit court.

In every city there shall be elected one commisioner of the revenue for
a term of four years.

; The duties and compensation of such officers shall be prescribed by
aw.
And insert in lieu thereof the following:

Sec. 119. In every city, so long as it has a corporation court, or a sepa-
rate circuit court, there shall be elected, for a term of four years, by the
qualified voters of such city, one attorney for the Commonwealth, who shall
also, in those cities having a separate circuit court, be the attorney for the
Commonwealth for such circuit court.

In every city there shall be elected one commissioner of the revenue for
aterm of four years.

If a majority of the voters of the political subdivision affected so de-
cide, in an election held for the purpose, either or both of such officers may
be elected by the qualified voters of, and serve as such officer for, two or
more cities, or cities and counties,
CH. 644] ACTS OF ASSEMBLY 1091

The duties and compensation of such officers shall be prescribed by
law.

Strike from the Constitution of Virginia Sec. 120, which is as follows:

Sec. 120. City officers, their titles, election, powers and duties.—In
every city there shall be elected, by the qualified voters thereof, one city
treasurer, for a term of four years; one city sergeant, for a term of four
years, whose duties shall be prescribed by law; and a mayor for a term of
four years, who shall be the chief executive officer of such city. All city and
town officers, whose election or appointment is not provided for by this
Constitution, shall be elected by the electors of such cities or towns, or of
some division thereof, or appointed by such authorities thereof as the Gen-
eral Assembly shall designate.

The mayor shall see that the duties of the various city officers, mem-
bers of the police and fire departments, whether elected or appointed, in and
for such city, are faithfully performed. He shall have power to investigate
their acts, have access to all books and documents in their offices, and may
examine them and their subordinates on oath. The evidence given by per-
sons so examined shall not be used against them in any criminal proceed-
ings. He shall also have power to suspend such officers, and the members
of the police and fire departments, and to remove such officers, and also such
members of said departments, when authorized by the General Assembly,
for misconduct in office or neglect of duty, to be specified in the order of
suspension or removal; but no such removal shall be made without reason-
able notice to the officer complained of, and an opportunity afforded him to
be heard in person, or by counsel, and to present testimony in his defense.
From such order of suspension or removal, the city officer so suspended or
removed shall have an appeal of right to the corporation court, or, if there
be no such court, to the circuit court of such city, in which court the case
shall be heard de novo by the judge thereof, whose decision shall be final.
He shall have all the other powers and duties which may be conferred and
imposed upon him by general laws.

And insert in lieu thereof the following:

Sec. 120. In every city there shall be elected, by the qualified voters
thereof, one city treasurer, for a term of four years; one city sergeant, for
a term of four years, whose duties shall be prescribed by law; and a mayor
for a term of four years, who shall be the chief executive officer of such city;
provided, if a majority of the qualified voters of the political subdivision
affected so decide, in an election held for the purpose, such treasurer or
sergeant or both may be elected by the qualified voters of, and serve as such
treasurer or sergeant for, two or more cities, or cities and counties. All city
and town officers, whose election or appointment is not provided for by this
Constitution, shall be elected by the electors of such cities or towns, or of
some division thereof, or appointed by such authorities thereof as the
General Assembly shall designate.

The mayor shall see that the duties of the various city officers, mem-
bers of the police and fire departments, whether elected or appointed, in
and for such city, are faithfully performed. He shall have power to investi-
gate their acts, have access to all books and documents in their offices, and
may examine them and their subordinates on oath. The evidence given by
persons so examined shall not be used against them in any criminal pro-
ceedings. He shall also have power to suspend such officers, and the mem-
bers of the police and fire departments, and to remove such officers, and also
such members of said departments, when authorized by the General As-
sembly, for misconduct in office or neglect of duty, to be specified in the
order of suspension or removal; but no such removal shall be made with-
out reasonable notice to the officer complained of, and an opportunity
afforded him to be heard in person, or by counsel, and to present testimony
1092 ACTS OF ASSEMBLY [VA., 1958

in his defense. From such order of suspension or removal, the city officer
so suspended or removed shall have an appeal of right to the corporation
court, or, if there be no such court, to the circuit court of such city, in which
court the case shall be heard de novo by the judge thereof, whose decision
shall be final. He shall have all the other powers and duties which may be
conferred and imposed upon him by general laws.