CHAPTER 105

An Act to amend and reenact § 33 of Chapter IV, as amended, and § 9 of
Chapter XII, as amended, of Chapter 157 of the Acts of Assembly of
1908, approved March 10, 1908, which provided a charter for the city
of Portsmouth, and to amend said chapter by adding in Chapter IV
thereof a section numbered 58-b, the amended and new sections relat-
ing, respectively, to property assessments; appointment to vacant
positions in the classified civil service; and clerks of courts of record.

[H 197]
Approved February 23, 1962

Be it enacted by the General Assembly of Virginia:
1. That § 33 of Chapter IV, as amended, and § 9 of Chapter XII, as
amended, of Chapter 157 of the Acts of Assembly of 1908, approved March
10, 1908, be amended and reenacted, and that said chapter be amended by
adding in Chapter IV thereof a section numbered 53-b, as follows:
§ 33. Property assessments.

(a) All real estate and personal property within the city of Ports-
mouth shall be assesssed for taxation in accordance with the provisions
of the general laws of the State except as hereafter provided in subsection
(b) hereof.

(b) (1) The council may, in lieu of the method now prescribed by
law, provide for the annual assessment of real estate for taxation. To
that end it may appoint a single assessor of real estate to assess such real
estate for taxation, may prescribe the duties and terms of office of such
assessor, may require that he give his entire time to the duties of his
office, may remove him for cause, may fix his compensation, which shall be
payable out of the treasury of the city, and may provide for such technical
and clerical assistance as may be necessary or advisable and for the
payment of any other expenses that may be properly incident thereto. The
annual assessments shall be completed by the assessor by the thirty-first
day of August of the year in which they are made.

(2) All such real estate shall be assessed at its fair market value
and the taxes for each year on such real estate shall be extended on the
basis of the last assessment made prior to such year, subject to such
changes as may have been lawfully made.

(3) The council may provide that all duties now devolved upon the
commissioner of the revenue of the city with respect to the assessment
of real estate shall be transferred to and devolve upon the assessor
appointed pursuant to this subsection, and the assessor shall prepare
the land books and extend the taxes thereon and perform all the duties
required by law to be performed by the commissioner of the revenue in
respect to real estate assessments. The clerks of the courts of the city
Shall furnish to the assessor the list of real estate transfers now required
to be furnished to the commissioner of the revenue.

(4) Notwithstanding the provisions of § 58-895 of the Code of Vir-
ginia, the hustings court of the city, or the judge thereof in vacation,
shall, annually, appoint for the city a board of equalization of real estate
assessments, to be composed of three members, who shall be freeholders of
the city, and who shall be selected by the court or judge from the citizens
of the city. The terms of such members shall commence on their appoint-
ment and shall expire on the thirtieth day of November of the year in
which they are appointed, unless such terms are extended. Such court
or judge thereof in vacation may extend the terms of the members of the
board and shall fill any vacancy therein for the unexpired term. The
members of the board shall receive per diem compensation for the time
actually engaged in the duties of the board, to be fixed by the council, and
paid out of the treasury of the city; provided, however, the council may
limit the per diem compensation to such number of days as in its opinion
is sufficient for the completion of the work of the board. Such board of
equalization shall have and may exercise the power to revise, correct and
amend any assessment of real estate made by the assessor in the year in
which they serve, and to that end shall have all the powers conferred
upon boards of equalization by Chapter 19 of Title 58 of the Code of
Virginia, and any acts amendatory thereof and supplemental thereto.
Notwithstanding such chapter, however, the board of equalization may
adopt any regulations providing for the oral presentation, without formal
petitions or other pleading or requests for review, and looking to the
further facilitation and simplification of proceedings before the board.

(5) Any person aggrieved by any assessment made by the assessor
or the board of equalization may apply for relief in the manner provided
by § 58-1145 of the Code of Virginia.
(6) This subsection shall not apply to any real estate assessable under
law by the State Corporation Commission.

(7) All provisions of law relating to the assessment of real estate in
cities not in conflict with the provisions of this subsection shall apply to
the assessment made pursuant thereto.

§ 58-b. Clerks of Court. Notwithstanding any provision of general
law, the clerks of the courts of record of the city shall each be paid a
salary as provided by law, which salary shall be in full compensation for
services and shall be in lieu of the retention by such clerk of any and all
official fees and commissions of whatever kind or character, and from
whatever source derived; and the council shall provide for the payment
of such salary out of the treasury of the city. The expenses of office of
such clerk, including compensation of deputies and employees, shall be
likewise paid out of the treasury of the city on duly authenticated vouchers,
when and as such expenses are incurred, or may become due and payable.
The maximum amount of such expenses shall be fixed by the State Com-
pensation Board, and the Board shall fix the number and compensation
of the deputies and employees of each such officer.

All fees and commissions of every kind or character received or col-
lected by such clerk, and from whatever source derived, shall be paid into
the treasury of the city not less than once each month. AU fees and com-
missions of every kind and character, whether payable by the State, the
United States, or by private persons, firms or corporations, now or here-
after receivable by laws or ordinance by such clerk, shall continue to be
paid to and collected by him, and shall be paid into the treasury of the
city, except that the city shall not be required to pay any such clerk any
fees or commissions for services performed for such city.

Chapter XII

§ 9. Appointment to vacant positions; certifications from lists.

Whenever a position in the classified service becomes vacant, the
appointing power, if it desires to fill the vacancy, shall make requisition
upon the commission for the name and address of a person eligible for
appointment thereto. The commission shall certify the name of the person
highest or the three names highest on the eligible list for the class to
which the vacant position has been allocated, who is, or are, willing to
accept employment. If there is no appropriate list for the class, the com-
mission shall certify the name of the person or persons standing highest on
said list held appropriate for such class. If more than one vacancy is to be
filled, an additional name shall be certified for each additional vacancy. The
appointing power shall forthwith appoint such person to such vacant
position.

Whenever requisition is to be made, or whenever a position is held by
a temporary appointee and an eligible list for the class of such position
exists, the commission shall forthwith certify the name of the persons
eligible for appointment to the appointing power, and said appointing
power shall forthwith appoint a person so certified to said position. No
person so certified shall be laid off, removed, discharged, suspended or
given leave of absence from duty, transferred or reduced in pay or grade,
except for reasons which will promote the good of the service, specified in
writing and after an opportunity to be heard by the commission and then
only with its consent and approval, as hereinabove provided.

To enable the appointing power to exercise a choice in the filling of
positions, no appointment, employment, or promotion in any position in
the classified service shall be deemed complete until after the expiration of
a period of * not more than six months probationary service, as may be
provided in the rules of the civil service commission, during which the
appointing power may terminate the employment of the person certified
to him, or it, if during the performance test thus afforded, upon observa-
tions or consideration of the performance of duty, the appointing power
deems him unfit or unsatisfactory for service in the department. Where-
upon the appointing power shall designate the person or persons certified
as standing next highest in any such list and such person or persons shall
likewise enter upon said duties until some person is found who is deemed
fit for appointment, employment or promotion for the probationary period
provided therefor, whereupon the appointment, employment or promotion
shall be deemed to be complete.

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