SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 4.02, 5.03, 5.05, 5B.01, and 13.11, as severally amended, of Chapter 116 of the Acts of Assembly of 1948 are amended and reenacted as follows:
§ 4.02. Powers.
All powers vested in the city shall be exercised by the council except as otherwise provided in this charter. In addition to the foregoing, the council shall have the following powers:
(a) To provide for the organization, conduct and operation of all departments, bureaus, divisions, boards, commissions, offices and agencies of the city.
(b) To create, alter or abolish departments, bureaus, divisions, boards, commissions, offices and agencies other than those specifically established by this charter.
(c) To create, alter or abolish and to assign and reassign to departments, all bureaus, divisions, offices and agencies except where such bureaus, divisions, offices or agencies are specifically assigned by this charter.
(d) To provide for the titles, qualifications, powers, duties and compensation of all officers and employees of the city, subject in the case of members of the classified service to the provisions of § 5A.03 of this charter.
(e) To provide for the form of oaths and the amount and condition of surety bonds to be required of certain officers and employees of the city.
(f) To provide for the appointment and removal by the council or otherwise of such officers and employees as the council may require for the purpose of assisting the council in discharging its legislative, oversight and constituent relations functions, as well as any officers or employees whom the council is authorized to appoint and remove pursuant to this charter or other applicable laws of the Commonwealth.
§ 5.03. Involvement of mayor and council in appointment and removals.
The mayor may participate in the hiring and removal of heads
of city administrative departments. The mayor and members of
council may (i) communicate publicly or privately their approval or disapproval
of the performance of any particular city employee, (ii) recommend persons to
the chief administrative officer for consideration for hiring or promotion, or
(iii) request of the chief administrative officer that he remove or take other
disciplinary action against any particular city employee, as they may see fit.
Ultimate responsibility for hiring, removal and other personnel decisions relating
to administrative personnel, and for the directing of city administrative
personnel, shall reside in the chief administrative officer, unless
expressly provided otherwise in this charter. Except for the purpose of
inquiry, the mayor, council and its members shall deal with the administrative
services solely through the chief administrative officer, and neither the
mayor, council nor any member thereof shall give orders either publicly or
privately to any subordinate of the chief administrative officer.
§ 5.05. General duties; mayor.
It shall be the duty of the mayor to:
(a) Attend, or appoint a designee empowered to answer questions and make recommendations on behalf of the mayor to attend, all meetings of the council with the right to speak but not to vote; the mayor or his designee shall have the right to attend a closed meeting pursuant to § 2.2-3711 of the Code of Virginia, unless the council determines that the subject matter of the closed meeting includes the office of the mayor and that inclusion of the mayor or his designee shall be detrimental to the purpose of the council's deliberations;
(b) Keep the council advised of the financial condition and
the future needs of the city and of all matters pertaining to its proper
administration, and make such recommendations as may seem to him/her the
mayor desirable;
(c) Oversee preparation of and submit the annual budget to the council as provided in Chapter 6 of this charter;
(d) Perform such other duties as may be prescribed by this
charter or which may be required of the chief executive officer of a city by
the general laws of the Commonwealth, or by ordinances adopted by the council,
provided that the mayor shall have the power to veto any city ordinance imposing
such duties on him, the chief administrative officer or any department head
appointed by the chief administrative officer, by written notice of veto
delivered to the city clerk within 14 calendar days of council's actions,
subject to override thereafter by the council with a vote of six or more of the
currently filled seats on council at any regular or special meeting held within
14 calendar days of the clerk's receipt of the notice of veto; however, the
appointment of members of a redevelopment and housing authority in the city
shall be made by the council; and
(e) Issue such regulations as may be necessary in order to
implement his/her the mayor's duties and powers.
§ 5B.01. Retirement system established.
The retirement system for the city employees hitherto
established by ordinance shall continue in force and effect subject to the
right of the council to amend or repeal the same as set forth in such
ordinance. From and after July 1, 1978, the Board of Trustees of the Richmond
Retirement System shall consist of seven members for terms of three years. Any
vacancy shall be filled for the unexpired portion of the term. The mayor shall
appoint two members; the council shall appoint five members, at least two of
whom shall be members of the classified service. Such members of the Board of
Trustees of the Richmond Retirement System shall have the responsibility of the
supervision of the administration of the retirement plan, the determination of
eligibility for the receipt of retirement benefits, the award of retirement
benefits as authorized by ordinance of the City of Richmond, and such other
duties as have heretofore been exercised by the Board of Trustees of the
Richmond Retirement System other than fiduciary responsibilities concerning the
management, control and investment of the financial resources of the Richmond
Retirement System. The council of the City of Richmond may appoint and employ a
corporation, vested with fiduciary powers under either the laws of the United
States or the Commonwealth of Virginia, to be responsible for the investment of
the funds of the Richmond Retirement System, which funds shall include any
securities which may now or hereafter be part of the assets of such Richmond
Retirement System. The director of finance shall be the disbursing officer for
the payment of benefits awarded by the trustees of the Richmond Retirement
System and as such shall perform such duties as may be required of him/her
the director of finance by ordinance but shall receive no additional
compensation on account of such duties. To administer the retirement plan,
the council may provide for an executive director to be appointed, supervised
and removed by the Board of Trustees of the Richmond Retirement System and for
employees to be appointed, supervised and removed by the executive director.
§ 13.11. Implementation of stormwater utility.
The stormwater utility shall be implemented by ordinance, and
shall be effective as of the effective date of that ordinance. Notwithstanding
other provisions of this charter, the stormwater utility program may be administered
by either the Department of Public Works or the Department of Public Utilities.
Stormwater utility charges shall be assessed to all property owners and shall
be based upon their contributions to stormwater runoff. Procedures and
guidelines may be established to provide for full or partial credits
for effective stormwater management mitigation or remediation actions
undertaken for nonresidential properties waivers of charges to any
person who develops, redevelops, or retrofits outfalls, discharges or property
so that there is a permanent reduction in post-development stormwater flow and
pollutant loading. Federal and state government agencies shall receive a
full waiver of stormwater utility charges when the agency owns and provides for
maintenance of storm drainage and stormwater control facilities. If stormwater
utility charges are not paid when due, interest thereon shall at that time
accrue at the rate determined by council, not to exceed any maximum allowed by
law. The city may collect charges and interest by action at law or suit in
equity, and such unpaid charges and interest shall constitute a lien against
the property, of equal stature with liens for unpaid real estate taxes.