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1997 SESSION
970393727Be it enacted by the General Assembly of Virginia:
1. That §§ 6 and 9 as amended and § 10 of Chapter 150 of the Acts of Assembly of 1930 are amended and reenacted as follows:
§ 6. Composition of council and vacancies.
The Council shall consist of five members, and a mayor.
The five council members, who shall be voted for at large,
whose term of office shall be for the term have
terms of office of four years. At the May election, nineteen hundred
eighty-two, and every four years thereafter, three councilmen shall be elected,
being the three candidates who receive the largest number of votes,
individually, at such election, who will serve for a term
terms of four years from the first day of July, nineteen hundred and
eighty-two July 1, 1982, and thereafter until their successors
have been elected and qualified. At the May election, nineteen hundred
eighty-four 1984, and every four years thereafter, two
councilmen shall be elected, being the two candidates who received the largest
number of votes, individually, at such election, who shall serve for a
term terms of four years from the first day of July,
nineteen hundred eighty-fourJuly 1, 1984, and thereafter until
their successors have been elected and qualified.
All elections for members of council shall be held at the time and in the manner provided for by general law.
Vacancies in the council shall be filled within thirty days, for the unexpired term, by a majority vote of the remaining councilmen.
§ 9. Organization rules of the council.
(a) At nine o'clock ante meridian a.m. on the first day
of July following a regular municipal election, or if such a day be a Sunday,
then on the day following, the council shall meet at the usual place for
holding the meetings of the legislative board of the town, at which time the
newly-elected newly elected councilmen and the
mayor, after first having taken the oaths prescribed by law, shall assume
the duties of their office offices. Thereafter the
council shall meet at such times as may be prescribed by ordinance or
resolution except that they shall regularly meet not less than once each month.
The mayor, any member of the council, or the town manager may call special
meetings of the council, at any time (at least twelve hours), after written
notice, with the purpose of said meeting stated therein, to each member served
personally or left at his usual place of business or residence, or such meeting
may be held at any time without notice, provided all members of the council
attend. No business other than that mentioned in the call shall be considered
at such meeting. Notice of any meeting of council shall be in accordance
with the provisions of the Freedom of Information Act as contained in the Code
of Virginia.
(b) All meetings of the council shall be public and any citizens may have
access to the minutes and records thereof at all reasonable times; except
by unanimous majority vote of the council, it may convene
an executive session to consider and vote upon election of
officers such matters as may be the appropriate subject of an
executive session as provided by the Code of Virginia.
(c) The council shall elect one of its members as chairman, who shall be
ex-officio mayor; also The council shall appoint a town
manager, and a town clerk, and a town commissioner
of the revenue.
The council may appoint all such other boards and commissions as may be deemed
proper, and prescribe the powers and duties thereof. The council may determine
its own rules or procedure procedures, may punish its own
members for misconduct and may compel attendance of members. It shall keep a
journal of its proceedings. A majority of all members of the council shall
constitute a quorum to do business, but a smaller number may adjourn from time
to time, and compel the attendance of absentees. All elections by the council
shall be viva voce and the vote recorded in the journal of the council.
(d) Council shall fix the compensation of the members of the council, the
mayor, and all other officers the compensation of which is not otherwise
provided for herein, and the compensation of the commissioner of the
revenue may be fixed upon a salary basis, in lieu of commissions allowed to
commissioners of the revenue under general law.
§ 10. Same-mayor generally.
At the May election, 1998, and every two years thereafter, the candidate for mayor who receives the largest number of votes at such election shall be elected and shall seve for a term of two years from July 1, 1998, and thereafter until his/her successor has been elected and qualified.
The mayor shall be elected by the council at its first meeting after each
election and qualification of councilmen, for a term of two years and
shall preside at meetings of the council and perform such other duties
consistent with his the office as may be imposed by the
council and he shall have a vote only for the purpose of
breaking a tie vote among the council members and voice in the
proceedings, but no veto. He The mayor shall be the
official head of the town, but shall have no jurisdiction or authority to hear,
determine or try any civil or criminal matters. In times of public danger, or
emergency, he the mayor, or during his
the mayor's absence or disability, the town manager, may take
command of the police and maintain order and enforce the laws, and for this
purpose, may deputize such assistant policemen as may be necessary. During
his the mayor's absence or disability, except as above
provided, his the mayor's duties shall be performed by
another member appointed by the council. He The mayor
shall authenticate by his signature such instruments as the
council, this charter, or the laws of the State shall require.