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1995 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 5, as amended, of Chapter 219 of the Acts of Assembly of 1960, which provided a charter for the City of South Boston, the amended section relating to the mayor and vice-mayor. [H 1447] Approved

Be it enacted by the General Assembly of Virginia:

1. That § 5, as amended, of Chapter 219 of the Acts of Assembly of 1960 is amended and reenacted as follows:

§ 5. At its first meeting in nineteen hundred seventy-six and bienially thereafter following the regular municipal election, the council shall choose one of its members as presiding officer, who shall have the title of mayor. At the regular municipal elections held by the City of South Boston, the mayor of the City shall be elected by the voters of the City, and the candidate that receives the plurality of the votes shall be elected to the office. The term of office of the mayor shall commence on July 1 following the election and he shall hold office for four years from the date of commencement of his term. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for ceremonial purposes and by the Governor for purposes of military law. The mayor shall have the power to suspend and the council to remove any city officer appointed by the council for misconduct in office or neglect of duty to be specified in the order of suspension or removal, but no such removal shall be made without reasonable notice to the officer complained of and an opportunity afforded him to be heard in his defense.

The first election of mayor shall take place on the first Tuesday in May, 1996, for the term to commence on July 1, 1996.

The council shall, at the 1996 organizational meeting and every fourth year thereafter, elect from the members of the council its members a vice-mayor for a four-year term, and the vice-mayor shall in the absence or disability of the mayor perform all of the duties of that office.

If a vacancy shall occur in the office of mayor the council shall, within sixty days of the vacancy and by majority vote of the remaining members choose one of their number to perform the duties and hold the office until a successor is elected and qualified as provided in § 4 of this charter for the remainder of the unexpired term until the next regular council election.

The council may by ordinance provide for salary, if any, to be paid the mayor in addition to his salary as councilman.

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