CHAPTER 463

An Act to amend and reenact § 5, as amended, of Chapter 384, Acts of
Assembly, 1946, approved March 28, 1946, which provided a new
charter for the city of Charlottesville, relating to elective officers;
their qualifications, terms, compensation, powers; the city manager
and director of finance.

[H 347]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:

1. That § 5, as amended, of Chapter three hundred eighty-four, Acts of
Assembly, nineteen hundred forty-six, approved March twenty-eight, nine-
teen hundred forty-six, be amended and reenacted as follows:

§ 5. Elective officers; qualifications; terms; form of government;
corporate powers vested in council; salaries of councilmen and mayor;
city manager; director of finance.—(a) The municipal authorities of the
said city shall consist of a council of five members, one of whom shall be
mayor, as hereinafter set forth, unless and until this form be changed in
manner prescribed by law, a clerk of the corporation court, a Common-
wealth’s attorney, a treasurer, a sergeant, a commissioner of revenue, a
civil and police justice, two justices of the peace, who shall be elected by
the qualified voters of the city of Charlottesville at elections held at the
intervals and on the days prescribed for such elections by the laws of the
State. All persons who are qualified voters of the city of Charlottesville
shall be eligible to any of the said offices. The terms of offices of all of
said officers shall begin and continue for such length of time as is pre-
scribed by law; provided, that any of said officers shall be eligible to one
or more offices to be filled by the council—that is to say, that any officer
elected by the people may hold office to which he was elected as well as
one or more offices to which he may be elected or appointed by the council.
All the corporate powers of said city shall be exercised by said council,
or under its authority, except as otherwise provided herein.

(b) The form of government for said city shall be modified com-
mission plan as follows: All corporate powers, legislative and executive
authority vested in the city of Charlottesville by law shall be and are
hereby vested in a council of five members to be elected at large from the
aualified voters of the city, except as hereinafter provided.

(c) Each of said councilmen shall receive an annual salary of *
twelve hundred dollars each (except the president of said council, who
shall be mayor, and shall receive * fifteen hundred dollars) from the city
for their services.

(d) An election shall be held in the said city pursuant to law, at the
time for the next regular election for councilmen in June, nineteen hun-
dred and twenty-eight. At said election the three candidates receiving the
highest number of votes shall hold office for four years and the two
receiving the next highest number of votes, shall hold office for two years.
Thereafter the term of office of the councilmen shall be four years. As
soon as the said councilmen shall qualify, they shall meet and elect from
their number a president, who shall be mayor without veto power, and
who shall preside and also have vote on all questions.

Said council shall also elect a vice-president. Said council so composed
shall take office on September first, nineteen hundred and twenty-eight.

(e) It shall be the duty of the said council of five members to imme-
diately elect for a period of two years a business manager, whose title
shall be city manager, at the salary to be fixed by them, who may be
removed from office by said council at their discretion.

(f) Subject to general control by the council as provided in sub-
section (b) hereof, the city manager shall have full executive and admin-
istrative authority and shall have the right to employ and discharge all
employees under his control. All departments of city government, includ-
ing the fire department and police department, shall be under the general
supervision of the city manager. The city manager shall give a bond for
the faithful performance of his duties in such sum as the council may
require. Subject to the general power of the council as provided in sub-
section (b) hereof and except as the council may by ordinance otherwise
provide, the city manager shall have the powers vested in city managers
by §§ 15-435 and 15-436 of the Code of Virginia and general laws amen-
datory thereof.

(zg) Said council shall elect for a period of two years a director of
finance who shall superintend the fiscal affairs of the city, and shall man-
age the same in the manner required by the council.

In all other respects the said council shall have and be vested with
the same authority heretofore exercised by the council, and in all other
respects their duties and liabilities shall be regulated by the existing laws,
not in conflict herewith.

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