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<br />§ 25 CHARTER OF CITY OF CHARLOTTESVILLE § 26
<br />§ 26/ CHARLOTTESVILLE CITY CODE § 26Y.
<br />b of.section one hundred and twenty-seven of the Constitution of
<br />court of said city and shall act as the officer thereof; the said ser -
<br />the State; and provided, further, that such bonds are authorized
<br />geant may, with the approval of the said court, appoint one or
<br />by an ordinance enacted in accordance with section one hundred
<br />more deputies, who may be removed from office by the sergeant
<br />and twenty-three of the Constitution of Virginia, and approved
<br />or the said court, and may discharge any of the duties of the of -
<br />by the affirmative vote of a majority of the qualified voters of the
<br />fice of sergeant, but the sergeant and his sureties shall be liable
<br />city who vote upon the question of their issuance, which majority
<br />therefor. The city sergeant shall also have all power and au -
<br />shall include a majority of the votes cast by those taxpayers of
<br />thority and perform all duties imposed by general law upon con -
<br />the city at such election, who pay a tax on real or personal prop-
<br />stables of cities. (1940, c. 201, p. 304.)
<br />erty, assessed at two hundred and fifty dollars, or more, to be
<br />The 1940 amendment added the last sentence of this section.
<br />ascertained at a general election or at a special election held for
<br />Under § 3487(1) of Michie's Virginia Code of 1942, the number of
<br />that purpose; said special election, if one be held, to be ordered by
<br />deputies shall be fixed by the state compensation board, after receiv-
<br />the council, and to be conducted in accordance with the law of
<br />ing the recommendation of the city council.—Ed. note.
<br />the State of Virginia, regarding election by the people. But no
<br />election touching the question shall be held until notice thereof
<br />Sec. 261/2. Jailor; deputy jailors.
<br />has been given by publication for four successive weeks in one or
<br />more newspapers published in said city, and recorded in a book to
<br />� The council shall elect a jailor who shall have general super -
<br />be kept for that purpose. (1934, c. 113, p. 159.)
<br />vision of the city jail and shall have the same duties and powers
<br />concerning the custody, care and control of prisoners as are now
<br />The 1934 amendment added in the first part of this section the pro-
<br />imposed upon and conferred upon sheriffs and city sergeants un -
<br />vision authorizing the issuance of serial, registered and coupon bonds
<br />and added in the latter part of the section the provision in regard to
<br />der general law, and shall be obedient to the order of the courts
<br />the majority required in bond elections.
<br />to the same extent as sheriffs and sergeants.
<br />The jailor shall in accordance with such regulations as the
<br />Sec. 25. Sale of public utilities; approval by voters.
<br />council may prescribe, purchase all food and other supplies and all
<br />The rights of the city in its gas, water and electric works and
<br />equipment necessary for the operation of the jail, and the costs
<br />of the same shall he paid out of the city treasury. The jailor shall
<br />sewer plant, now owned, or hereafter acquired, shall not be sold
<br />be paid by the State and the United States and the same fees in
<br />even after such action of the council as is prescribed by section
<br />connection with prisoners as is provided for by general laws, which
<br />three thousand and sixteen of the Code of Virginia of nineteen
<br />fees shall be paid by the jailor into the treasury of the city.
<br />hundred and nineteen,* until and except such sale shall have been
<br />The council shall elect such deputy jailors as may be necessary
<br />approved by a majority of the qualified voters of the city, voting
<br />for the conduct of the jail, and the salary of the city jailor, as well
<br />on the question at a special election ordered by the council and
<br />as such deputies, shall be fixed by the council of the city and paid
<br />subject in other respects to the provisions of section twenty-four
<br />out of the city treasury, which shall be in lieu of all fees, commis-
<br />sions or other compensation received by them. The city jailor and
<br />said deputies shall be employed by and hold their positions at the
<br />Sec. 26. City sergeant.
<br />pleasure of the city council.
<br />The city sergeant shall attend the terms of the corporation
<br />The city sergeant shall not be liable, civilly or criminally, for
<br />any acts of said jailors, either of omission or commission, and shall
<br />*Section 3016 of Michie's Virginia Code of 1942.
<br />in no way be responsible for the care, control or custody of such
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<br />§ 27 CHARTER OF CITY OF CHARLOTTESVILLE § 29
<br />§ 30 CHARLOTTESVILLE CITY CODE § 30
<br />persons as may be committed to or confined in said jail. (1936, and to present testimony in his defense. From such order of
<br />suspension or removal the city officer so suspended or removed,
<br />c. 273, p. 462.) or the member of the police and fire departments so suspended,
<br />The 1936 amendment added this section. shall have an appeal of right to the corporation court.
<br />By § 3487(11) of Michie's Virginia Code of 1942, the city sergeant
<br />has supervision and control of the jail.—Ed. note. Said mayor, except as herein provided, shall have all other
<br />powers and duties which may be conferred upon him by general
<br />Sec. 27. Authority of officers appointed by council. laws. The corporation court of said city may remove the mayor
<br />of said city from office for malfeasance, misfeasance, or gross
<br />The officers of said city elected or appointed by the council neglect of official duty, and such removal shall be deemed a va-
<br />shall, during the time they are in office, have all the power and cation of the office. All proceedings against the mayor for the
<br />authority of like officers in the State under its general laws, un- purpose of removing him from office shall be by order of or mo -
<br />less the same be abridged or restricted by the [council] * councils. tion before said court, upon reasonable notice to the party af-
<br />fected thereby, and with the right to said party of an appeal to
<br />Sec. 28. Prohibition of immoral shows, etc. the supreme court of appeals. In the event of the death, resigna-
<br />The mayor or the council may prohibit any theatrical or other tion or removal of the mayor, or his inability to discharge his
<br />performance, show or exhibition within said city or a mile of its duty from some other cause, his place shall be filled and his duties
<br />corporate limits, which may be deemed injurious to morals or shall be discharged by the vice-president of the council until such
<br />good order. inability ceases or another mayor is elected and qualified. A
<br />vacancy in the office of mayor shall be filled as provided for in
<br />Sec. 29. Mayor. section seven of this charter.
<br />The mayor, except as hereinbefore provided in section four,
<br />subsection f, shall be the chief executive officer of the city, and Sec. 30. Civil and police justice.
<br />shall take care that the by-laws and ordinances thereof are fully The police justice* shall have and possess all the jurisdiction
<br />executed. He shall see that the duties of the various city officers, and exercise all the powers and authority in all criminal cases of
<br />members of the police and fire departments, whether elected or a justice of the peace for said city, and his jurisdiction shall ex -
<br />appointed, in and for the city, are faithfully performed. He shall tend to within one mile of the corporate limits of the city; but he
<br />have power to investigate their acts, have access to all books and shall receive no fees for services as such police justice, but all
<br />documents in their offices, and may examine them and their sub- such fees shall be turned into the city treasury. He shall also have
<br />ordinates on oath. The evidence given by persons so examined jurisdiction of and try violations of the city ordinances, and in -
<br />shall not be used against them in any criminal proceedings. He flict such punishment as may be prescribed for a violation of the
<br />shall also have power to suspend such officers and the members same. He shall have authority to issue his warrant for the arrest
<br />of the police and fire departments, and to remove such officers of any person or persons violating any of the ordinances, acts or
<br />for misconduct in office or neglect of duty, to be specified in the resolutions of said city; it shall be his duty especially to see that
<br />order of suspension or removal; but no such removal shall be peace and good order are preserved, and persons and property
<br />made without reasonable notice to the officer complained of and are protected in the city; he shall have power to issue executions
<br />an opportunity afforded him to be heard in person or by counsel,
<br />*The office of "police justice" is now the office of "civil and police
<br />*In the original act the word "councils" appears but it is obvious that justice."
<br />the word "council" was intended. 26
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