CHAPTER 489

An Act to provide for a referendum on creation of office of county attorney
in certain counties, duties, term, qualifications, election and matters
in connection with any such attorney; and effect of act on provision
for assistant county attorneys whose compensation is fixed by the
Compensation Board.

[H 488]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. § 1. (a) In the year nineteen hundred sixty-six or in any year
immediately preceding the regular election of the Commonwealth attorney,
there may be in any county having a population of more than one hundred
thousand a referendum on the following questions:

1. ral the position of attorney to the county board be created?

[) Yes

[1] No

2. If such position is created, shall the county attorney be:

[] Elected by the people

(] Appointed by the county board

The provisions of any applicable law shall apply, and if a majority
of the qualified voters voting in an election therein provided for, vote in
favor of the creation of such position, then the county governing body,
hereinafter referred to as county board, shall provide for the creation
of the office of county attorney in accordance with the results of such
referendum and fix his compensation, which shall not be more than the
compensation established by the Compensation Board for the Common-
wealth attorney of such county and such supplement as may be provided
by the county board for such Commonwealth attorney.
(b) The duties of the county attorney shall consist in representing
the county board in any legal proceeding in which the board or any of
its members are sued in their official capacity ; providing legal advice to the
board in the form of written opinions in connection with the official
acts of such board or its members; preparing county ordinances when
requested to do so by the county board; codifying the ordinances of the
county; attending all board meetings; performing all legal services
incident to the foregoing powers; and performing such other duties as
may be prescribed by the board; prosecuting violations of county ordi-
nances such as taxation, zoning, minimum housing, building, plumbing,
electrical, sanitation, and other ordinances and affairs of the county,
prosecute condemnation proceedings and process all land acquisition on
sale or lease of property by said county, but not including traffic and
criminal ordinances.

(c) No duties shall be assigned the county attorney which are in
conflict with those duties required by law to be performed by the attorney
for the Commonwealth of the county; provided, that, if such county
attorney is provided for, the Commonwealth’s attorney shall not be re-
quired to attend meetings of the county board, and shall not be required
to approve the warrant list and contracts of said county.

(d) Should the voters favor the appointment of the county attorney
by the county board he shall serve at the pleasure of the board but in no
case shall his period of employment exceed one year without renewal by
a majority vote of said board. There shall be only one county attorney at
a time and such assistant or assistants as the county board may designate
by resolution as necessary who shall be appointed by, and serve at the will
of the county attorney. In the case of such employment, the county
attorney shall be designated by appropriate written resolution adopted by
a majority vote of the county board and the termination of his services,
if the board has power to terminate the same, shall be in like manner.
The written resolution shall fix the compensation for the county attorney
and for such assistant or assistants. The compensation for such assistants
shall not exceed three-fourths of the compensation provided for the county
attorney.

(e) The county attorney, whether appointed or elected, shall be a
resident of the county, and admitted to practice before the Supreme Court
of Appeals of Virginia at the time of his appointment or filing for election
as the case may be, and shall have actively practiced law in said county
for a period of five years immediately prior to his filing for election or
his appointment, provided that such period of active practice shall not
be a prerequisite for appointment as an assistant county attorney.

(f) If the county attorney is to be elected by the people, he shall be
elected at the next regular election following the referendum above pro-
vided for, for a term which shall end at the same time as that of the
Commonwealth’s attorney in office when such election is held; thereafter
the county attorney shall be elected for the same period, at the same time
and in the same manner as the Commonwealth’s attorney of the county.

(g) Whether the authority for the foregoing referendum is exercised
or not in any county, there may be appointed assistant county attorneys.
The county board by written resolution may authorize the Commonwealth’s
attorney to appoint such assistant county attorneys as are necessary, and
fix the compensation which shall be wholly paid by said county and shall
not exceed three-fourths of the compensation fixed by the Compensation
Board for the Commonwealth’s attorney. It shall be the duty of such
assistant county attorney to assist the Commonwealth’s attorney in the
performance of the duties set forth in paragraph (b) of this section.