1934-02-28 ~ Alb emarl e
At a dUly called meeting of the County Board of Supervisors of
County, Vi~ginia~ held at the court house of said county~ on the B8th day of eor~ry.
Present: ~.~.Fray~ C.Purcell ~cCue, E.J.Ballard~ PoH.Gentry and J.A.O~Neill.
Judge Smith and Dr. Spicer addressed the Board with reference to the bill
Lntruduced in the ~General Assembly amending the Optional form of Government Act.
On motion of C.Pu~cellMcCue and seconded by J~A.0~eill, the recommendation
~f the County Executive of the appointment of ~rs. Margaret T.Noodward at $100.00 per
nonth as employee in office ~f County executive is approved.
~p
On motion of ~. urcell ~cCue and seconded by J.A.0~eill, the County Executive
~s authorized to proceed to make necesz~ary alteration to Court ~ouse to p~. v~de fOr
~ffices for County Government.
On motion of C.Purcell ~cCue and seconded by J.~.0!Neill, A.G.Bell be
~mployed at a salary o~f $1~.00 per month up to and including June ~0, l~;
~fter which date rate of pay shall be reduced to $100.00 per month.
On motion of Poll. Gentry and seconded by ~.AoO~Neill, all employees
~f officers of Director of Finance furnish bond of $~,000.00.
BE IT RESOLVED, by the Board of County Supervisors that ~00.00, or as much
~hereof as may be necessary~' be and the same is hereby appropriated to cover the
;cst of material to be used in repairs in the Courthouse and ~ail, providing the
~ecessary labor is furnished_by the Federal Civil V~orks ASm~nistration, application
or which is now Dending.
Gn motion of~ J.A,0~Neill and seconded by E.$.Ballard the following resolution
is adopted: ~e, J.N.Fra~.~,~,i,0~Neill'~ E.~.Ball~r~d'~ and ~P.H.Gen~ry no. C.P~rcell ~cC~e ....
~WHEREAS,. bY resolution adopted by the BOard of~ County ~u~ervisors of albemarle
~ounty at its meeting held~Februarl ~Bi, l@Z~, th~B0a~d approved and urge~~ the
~epresentatives of Albemarl~ County in ~{he General Assembly.. of Virginia to support
~ouse Bill $~50 amen~.r~ ~the l~Acts p~oviding for oDtional forms of County
~overnment,~ and,
WHEREAS, after further consideration the Board has come to the conclusion that
deputies of the County Clerk, attorney of the Uommonealth and the Oheriff should be
~ppointed as provided by the general taw and not by the Board of County SuPervisors
as said bill provides.
NON THEREF0~E, BE IT ~SOLVED by the Board of County Supervisors of .±bema~le
County that the portion of the said bill dealing with the County Executive Form of
government with changes as indicated in section ~??~-n 7 which r~eads as he~ein
after set out, be endorsed and approved.
~HOUSE BILL NO. ~50
A BiLL
To amend and re-enact Sections ~77~-n l, ~?7~-n~, ~-n?, ~77~-n ~, ~77~-n ~9,
Patron - ~ro Dovell
"Eeported from Committee on Counties~ Cities and ~owns
Be it enacted by the General Assembly of Virginia, That sectiQns twenty-seven
hundred and seventy-three-n one, twenty seven hundred and seventy-three-n four~
twenty-seven hundred and seventy-three -n seven, twenty-seven hundred and seventy thr~
n twenty-five, twenty-seven hundred and seventy-three n thirty-four and twenty seven
hundred and seventy three n fifty one of the Code of Virginia be amended and re-enac~
gO as to read as follows:
:~Secti0n ~773-n 1. Any county in the State, except those having the county
manager form of government under the provisions of the proceeding sections of chapter
one hundred and nine-a of the Code of Virginia, is hereby authorized to adopt either
of the two forms of county organization and government provided .for in the following
sections, by complying with the requirements and procedure hereinafter specified.
~Section ~773-n 4. The powers of the County as a body politic and corporate
shall be vested in a board of county supervisors, to consist of not less than three
nor more than seven members to be elected by the qualified voters of the ~ounty.
Sha~ be on the Board for each magisterial district one member~ and no more, Who
shall be a qualified voter of such district. In each election~ for the election
of the members of the said board except when .the members are elected from the county
at large, the ballots used shall list the names of the candidates by districts accor~
to their respective districts, and each voter shall note for not more than one
candidate for each such district.
~if any county having more than seven or less than three magisterial districts
adopted this form of government the said board shall consist of five members elected
from the county at large. But if at least sixty days prior to any election of such
board the-number of such districts be reduced to no~ more than seven nor less than
three, the members of such board shall be elected as prescribed in ~the foregoing
paragraph.
The supe&visors first elected shall hold office until the £i~st day of January
following the next regular election provided by general law fo~the election of
supervisors. At such election their successors shall be elected for terms of
four years each.
An~ vacancy on the board of county supervisors shall be filled by the judge
of the circuit court of the county~ his appointee shall hold office during the
remainder of the term of his predecessor in office. The members of the board of
county supervisors shall receive tl~e same compensation as that_ fixed by' general law
for members of the board of supervisors of such county.
Section ~773-n 7o (a) The Board of County supervisors shall appoint, upon
the recommendation of the county executiVe, all officers, and employees in the
administrat~a service of the county, except as otherwise provided in section
twenty-seven hundred and seventy-three n. twentY, as to t~e election or appointment
of the Clerk, attorney for the Commonwealth and sheriff and their dep_u_t.ies~ and
except as the said barod may authorize the head of a department or office to appoint
subordinates in such department or office; provided, however, in appointing the .coun~
school Board no recommendation by the County execrative shall be required.
All appointments shall be on the basis of ability~ training and experience of the
appointees which fit them for the work which they a-~e to perform. All such appoint-
~e
~d
~_ng
)~(b) Any officer, deputy Or employee of the County appointed pursuant to
the foregoing paragraph may be suspended or removed from office or employment either
by the bard o£ county supervisors, Except the County Clerk) Attorney..... of the
C_ommo~nwealth) g~er~ff. ~a~d th.e~i~., deputi~.s~ or. the offi, ee~ by whom appointed or employed.
in case of the absence or di-sability of any officer, except the county clerk the attorney
for the Commonwealth, ~and the sheriff, and theist d. eput.i..es which officers shall be
filled as provided by general law) the board of county supervisors or other appointing
power may designate some responsible person ~o perform the duties of the office.
~(c) ~'he board of county supervisors shall, subject to such limitations as
may hereafter be made by general law, fix the compensation of. all officers)_dmputies
and employees of the county, except as it may authorize the head of some department
or office to fix the compensation of subordinates and employees in such department
or office.
'~Section ~773-n 25. (a~: All officers, deputies and employees of the County
shall be paid~ regular compensation~ and the fee system as a method of compensation
in the~Said county shall be abolished, except as to those ~ficers who are mentioned
in section twenty-seven hundred and Seventy-three-n fifty-five. All such officers,
deputies and employees shall, however, continue to collect all fees, charges, expens~e
allowances and compensation-provided fo'r by general law, shall keep a record thereo$
and shall promptly transmit all such fees, charges~ expenses allowamces and
compensation collected to the firector of finance who shall promptly receipt therefor.
'Such officers shall also keep such other records as are required~ by sections thirty
five hundred and sixteen, thirty-fiv~e hundred and sixteen-a and thirty-five hundred
and sixteen-b of ~the Code of Virginia.
W(b) Any employee, deputy or officer of the County exercising the powers and
performing the duties of any other officer provided for by general law, shall
likewise collect the fees, charges, expense allowances and compensation provided
for such o£ficer by general law and promptly transmit the same to the director of
fi nanc e, -
"(c) All feez,~. ,Charges, .expense allowances and com~.~ansation, which but for this,
section would be paid to the said o~fficers, deputies and employees by the Otate
for services rendered, shall be paid into the tr. easury of the county.
"(d) i~e excess, if any, of the fees, charges, expense allowances-and ¢ompen-
s.ation collected by each of ~the officers mentioned in su-0section one of section thirty-
of
five hundred amd sixteen, or collected by any one exercising the~ powers/and performing
the duties of any such officer, over (.a) the amount to which such officer would be
entitled by general law but for the provisions of this sectio, n and (b) expenses in
such amount as shall be allowed pursuant to the ~eneral !aw of the State, shall be
,paid one-third into the State t~easury, and the other two~thi~rds shall belong to the
county.
"(e) Any officer, deputy or employee of the county who Shall fail or re~use to
collect any fee) charge, expense allowance or compensation, which is collectible
and should be collected under the provisions of this section, or who shall fail or
refuse to pay any fee) charge, expense allowance or compensation so collected to
the county as herein provided, shall upon conviction be deemed guilty of a misdemeanor.-~