CHAPTER 348
An Act to amend and reenact § 27, as amended, § 28, and §§ 29, 30, and 37, as severally amended, of Chapter 548 of the Acts of Assembly of 1952, which provided a charter for the Town of Smithfield in Isle of Wight County, and to repeal § 43 of Chapter 548 of the Acts of Assembly of 1952, relating to town council elections; town officers.
[S 309]
Approved April 2, 2024
Be it enacted by the General Assembly of Virginia:
1. That § 27, as amended, § 28, and §§ 29, 30, and 37, as severally amended, of Chapter 548 of the Acts of Assembly of 1952 are amended and reenacted as follows:
§ 27. Council members shall be elected to serve four-year
staggered terms. At elections held on the first Tuesday in May 1998, three
members of council were elected to serve terms expiring on July 1, 2000, and
four members of council were elected to serve terms expiring on July 1, 2002.
At the general election to be held on the first Tuesday in May 2000
in November 2024, and every four years thereafter, three members of council
shall be elected for a term of four years. At the general election to be held
on the first Tuesday in May 2002 in November 2026, and every four
years thereafter, four members of council shall be elected for a term of four
years. Members of council elected under this act shall enter upon the duties of
their offices July 1 the first day of January next succeeding
their elections.
§ 28. (a) All elections for the officers of the town shall be held and conducted in the manner prescribed by law.
(b) The council of the town shall judge of the election,
qualification and returns of its members and if a person returned be adjudged
disqualified or in the event of tie votes, the council, upon the written
request of one of such candidates, receiving the same number of votes as
another candidate for the same office, the council shall order a new election
to fill the vacancy or break the tie, said election to be at the same place, on
such day as the council may prescribe, provided that the written request of any
such candidate shall be filed with the council within ten days after the
election, otherwise the council may declare a vacancy in such office and fill
the same from the electors of the town by a majority vote of the council.
Notice of candidacy for office shall be given, and the ballots to be used in
any election in the town shall be prepared, printed, and distributed in the
manner prescribed by law.
§ 29. (a) The officers of the town, in addition to the mayor and councilmen, shall be a town manager, treasurer, clerk, and chief of police.
(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.
(b1) The council shall appoint a treasurer who shall hold office at the pleasure of the council and shall serve under the direction and supervision of the town manager. The office of treasurer may be filled by the town manager.
(c) The clerk 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, and may be filled by the town manager.
The council shall appoint a clerk who shall hold office at the pleasure of the
council and shall serve under the direction and supervision of the town
manager.
(d) The council may provide for and require annual audit of any books pertaining to the receipts and the expenditure of the funds of the town.
(e) The council shall appoint a town manager who shall be charged with the administration of the business of the town as set forth in this charter.
(f) As authorized by § 15.1-796, the office of town
sergeant shall not be established.
§ 30. The council shall fix the salaries of the mayor,
councilmen, treasurer, clerk, sergeant, deputy sergeant town manager,
and employees, as it may deem appropriate, at its first meeting in June, which
salary shall be for a period of one year, beginning the first day of July next
following; provided, however, that the Council may increase or decrease the
salaries at such other times as it may deem appropriate and in the best
interests of the town, and further provided, that a salary may be paid one or
more councilmen or a salary in excess of that paid other councilmen may be paid
one or more councilmen, if a majority of the council determine
determines that additional duties and responsibilities assumed by such
councilman or councilmen, by reason of committee assignment or otherwise,
warrant such salary, and a majority of the council authorize such additional
compensation.
§ 37. The mayor shall be the chief executive officer of the
town; he shall have and exercise all power and authority conferred by general
law on the mayors of towns not inconsistent with this charter; he shall perform
such other duties consistent with his office as may be imposed by the council;
in the event of the inability of the mayor to discharge his duties, his place
may in the discretion of the council be filled and his duties discharged, until
such disability shall cease, by the vice-mayor. The mayor shall be the official
head of the town. In times of public danger or emergencies, he may take
command of the police and maintain order and enforce laws, and for this
purpose, may deputize such assistant policemen as may be necessary. The
mayor or person acting as mayor, shall authenticate by his signature,
such documents or instruments as the council, this charter, or the laws of the
Commonwealth, shall require.
2. That § 43 of Chapter 548 of the Acts of Assembly of 1952 is repealed.