CHAPTER 57

An Act to amend and reenact §§ 26, 27 and 29 of Chapter 548 of the Acts
of Assembly of 1952, approved April 8, 1952, which provided a charter
for the town of Smithfield, the sections relating to administration
and government of town, election of officers and town officers and
to amend such chapter by adding sections numbered 88-a and 88-b,
relating to town planning commission and town manager. CH 298]

Approved February 22, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 26, 27 and 29 of Chapter 548 of the Acts of Assembly of
1952, approved April 8, 1952, be amended and reenacted and that such
chapter be amended by adding sections numbered 38-a and 38-b, the
amended and new sections being as follows:

§ 26. * All legislative powers of the town shall be vested in * a
council composed of seven members, one of whom shall be mayor. * The
mayor * and councilmen shall be electors of the town to be chosen as here-
inafter provided, from the residents and electors of the town, and * their
qualifications to hold offices, respectively, shall be the same as required
of persons to vote and hold office under the Constitution and laws of the
Commonwealth of Virginia. * A vacancy in the office of * councilman shall
be filled from the electors of the town, for the unexpired term, by a ma-
jority vote of the remaining members of the council. *
Besides the members of the council there shall be elected by the peo-
ple, in the manner hereinafter provided, a town treasurer whose qualtfi-
cations to hold office shall be the same as those herein prescribed for coun-
cilmen. A vacancy in the office of treasurer shall be filled, for the unezx-
pired berm, by majority vote of the council, and may be filled from their
own body.

The mayor shall be chosen by the council from its membership, he
shall act as the presiding officer of the council and shall have no other
power except as a member of the council and except as the power of veto
is conferred by the Constitution.

§ 27. The mayor, treasurer and councilmen in office at the time of
the passage of this act shall continue in office with the same powers and
duties until the first day of September, nineteen hundred * sixty-one,
or until their successors are elected and qualified. An election for * coun-
cilmen and treasurer shall be held on the second Tuesday in June, nine-
teen hundred * sixty-one and every second year thereafter, and the *
councilmen and treasurer elected under this act shall enter upon the duties
of their offices the first day of September next succeeding their election.

At the election to be held in June, nineteen hundred sixty-one, the
seven members of the council shall be chosen as hereinafter provided for
the terms hereinafter set forth: the four candidates receiving the largest
number of votes, respectively, shall hold office for terms of four years and
the three candidates receiving the next highest number of votes, respec-
tively, shall hold office for terms of two years, all commencing Septem-
ber one following. Thereafter as the terms of the members respectively
expire their successors shall be chosen for terms of four years but vacan-
cies occurring other than by expiration of terms shall be filled as set
forth in § 26.

§ 29. (a) The officers of the town, in addition to the mayor, treas-
urer and councilmen, shall be a clerk, sergeant and at the discretion of the
council a town manager and a deputy sergeant, who with the exception of
the basi manager, sergeant and the deputy sergeant, shall be electors of

e town.

(b) The council may, by ordinance, provide for such other officers,
agents and employees as it may deem appropriate, prescribe their duties
and fix their compensation.

(c) The clerk and sergeant shall be elected by the council for a term
of two years, coincident with that of the council. The office of treasurer
and clerk may be filled by the same person.

) The council may provide for and require annual audit of any
books pertaining to the receipts and the expenditure of the funds of the
own.

(e) The council may appoint a town manager who shall be charged
with the administration of the business of the town. This paragraph shall
be in force on and after September one, nineteen hundred sixty.

§ 38-a. The council may appoint a town planning commission which
shall have the powers and duties set forth in Article 2 of Chapter 25 of
Title 15 of the Code of Virginia.

§ 38-b. A town manager appointed pursuant to this act shall be the
administrative and executive head of the municipal government. He shall
be chosen by the council without regard to political beliefs and solely upon
the basis of his executive and administrative qualifications. At the time of
his appointment he need not be a resident of the town or the Commonwealth
but during his tenure of office shall reside within the town. He shall be
appointed for an indefinite period and shall hold office during the pleasure
of the council. He shall receive such compensation as shall be provided by
the council by ordinance or resolution which may be changed from time
to tume. He may be bonded as the council may deem necessary. During the

absence or disability of the town manager or in case of a vacancy, th
council may designate some properly qualified person to perform the dutve:
of the office during such absence, disability, or vacancy. No councilmar
shall receive such appointment during the term for which he shall hav
been elected, nor within one year after the expiration of his term. Netthe
the council nor any of the members shall direct or request the appointment
as hereinafter provided, of any person to office by the town manager 01
by any of his subordinates. Except for the purpose of inquiry, the counci
and its members shall deal with the administrative service solely through
the town manager and neither the council nor any member thereof shal.
gtve orders to any subordinates of the town manager, either publicly 0?
privately. The town manager shall have the authority and it shall be his
uty:

(1) To see that ail laws, ordinances, resolutions, and by-laws of the
council are faithfully enforced.

2) To appoint such officers and employees, as the council shall
determine and authorize, as are necessary for the proper administration
of the affairs of the town with the power to discipline and remove any such
officer or employee, but he shall report each appointment of any officer
having supervisory or administrative authority to the council for con-
firmation at the next meeting thereof following any such appointment. The
chief of police so appointed by the town manager and confirmed by the
council shall have the power to discipline his subordinates and with the
approval of the town manager to discharge any subordinate for just cause.
Any officer or employee so removed shall have the right to appeal to the
council within thirty days after his removal and after notice to the town
manager. The action of the council on such appeal shall be final.

(8) To attend all meetings of the council, with the right to take part
in the discussion, but having no vote.

(4) To recommend to the council for adoption such measures as he
may deem necessary or expedient.

To make reports to the council from time to time upon the affairs
of the town and to keep the council fully advised of the town’s financial
condition and its future financial needs.

——. (6) To make all contracts on behalf of the town pursuant to a reso-
ution or an ordinance of the council and to act as town purchasing agent.

(7) To perform such other duties as may be prescribed or requested
ry council.

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

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