Bill Text: VA HB91 | 2024 | Regular Session | Prefiled
Bill Title: Smithfield, Town of; amending charter, municipal elections, repealing outdated provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-02 - Governor: Acts of Assembly Chapter text (CHAP0269) [HB91 Detail]
Download: Virginia-2024-HB91-Prefiled.html
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.
