(4) County Treasurer--an officer who collects the county taxes

assessed by the Commissioner of Revenue, collects the state taxes,

keeps the county funds and disburses money upon order of the Board

of Supervisors; he is elected by the qualified voters for a term of

four years.

(5) Sheriff--an officer who is the chief executive officer of the

county; he and his assistants, called deputies, form the county

police force; the Sheriff serves warrants of arrests, summons

witnesses and jurors whenever necessary, preserves peace in the

county, has charge of prisoners, cooperates with the State Police

and acts as a Bailiff at meetings of the Board of Supervisors and

at Trial Justice and Circuit Court sessions; he is elected for a

four-year term.

Other significant county positions include County School Board

members, County Superintendent of Schools, County Health Board

members, County Surveyor, Welfare Board members, Planning Commission

and Highway Commission members, Game Wardens and Election Board

members. A state official who exerts strong influence upon the

county is the State Circuit Judge. Since he tries cases in various

counties within his own circuit, he comes in contact with many

county officials and has the authority to appoint certain county

officials within his own circuit such as (1) a Trial Justice who

tries the less important civil and criminal cases in the county and

holds hearings of cases to be tried by the circuit judge and (2)

the Coroner who makes investigations and reports concerning sudden,

violent or suspicious deaths in the county. The Circuit Judge also

appoints the School Trustee Electoral Board which in turn appoints

the County School Board.

There are three types or forms of County Government in existence in

Virginia: the County Executive Form, the County Manager Form and the

County Board (often called the "Traditional") Form. Two counties,

Albemarle and Fairfax, have adopted the County Executive Form and

two counties, Arlington and Henrico, have adopted the County Manager

Form. Arlington County was the first county in the United States to

adopt the County Manager form of government by popular vote (1932).

The major difference between the County Executive and the County

Manager Forms of government is found in the fact that, in the former

type, the Board of Supervisors makes all key appointments upon the

recommendations of a county executive who is employed to act as the

administrative head of the county whereas, in the latter form, the

Board of Supervisors employs a manager for the county and gives

him authority to name and appoint his own department heads. The

remaining 94 counties are operated under a County Board: under this

form, the Board of Supervisors exercises not only legislative but

full executive authority as well.

The county form of government, therefore, acts not only as a local

government unit but also as an administrative agent of the state.

Cities and towns make up the next political level of government

organization in Virginia as described in Article VIII of the

constitution. A city is defined in the constitution as an

incorporated community which has within defined boundaries a

population of five thousand or more; a town is an incorporated

community which has within defined boundaries a population of

less than five thousand. In determining such population, the last

census of the United States or an enumeration made by authority of

the General Assembly must be used as the basis. Any incorporated

community which had a city charter when this section of the State

Constitution was adopted in 1902, regardless of its numerical

population at the time, was allowed to keep its city charter.

The General Assembly has the authority to enact general laws for

the organization and government of cities and towns in Virginia.

In special instances, the Circuit Court may issue such charters.

Whenever an area has a population of at least five thousand, it may

apply, but is not required to apply, for city status. Unlike many of

the other states in the United States, Virginia does not have any

village type of government.

Cities having at least ten thousand persons are eligible to be

classified as cities of the first class; cities having less than

ten thousand persons are eligible to be classified as the second

class. Cities in Virginia have generally followed a three-fold plan

or pattern of development: first, an area is established, then

incorporated as a town and finally elevated to city status as an

independent municipality. During the colonial period, there were

only two towns actually incorporated: Williamsburg and Norfolk.

By 1800, only six additional towns were incorporated: Alexandria,

Winchester, Fredericksburg, Richmond, Petersburg and York

(Yorktown). Yorktown is the only town incorporated before 1800 which

has not become a city.

A unique characteristic about cities in Virginia is the fact that

an incorporated city is politically separate from the county in

which it is geographically located. There are thirty-two independent

cities: Alexandria, Bristol, Buena Vista, Charlottesville, Clifton

Forge, Colonial Heights, Covington, Danville, Falls Church,

Fredericksburg, Galax, Hampton (formerly, a second class city; now

combined with the town of Phoebus and Elizabeth City County into a

first class city since 1952), Harrisonburg, Hopewell, Lynchburg,

Martinsville, Newport News, Norfolk, Norton, Petersburg, Portsmouth,

Radford, Richmond, Roanoke, South Boston, South Norfolk, Staunton,

Suffolk, Virginia Beach, Waynesboro, Williamsburg and Winchester.

When Newport News and Warwick became the city of Newport News on

July 1, 1958, this was the first city to be consolidated in the

Commonwealth since Richmond and Manchester combined in 1910.

There are three types or forms of City Government in existence in

Virginia: Mayor-Council form, Commission form and City Manager form.

The city charter bears a similar relation to the city that the

Virginia Constitution bears to the state. The citizens within the

city area may decide for themselves the type of city government they

prefer when they apply for their city charter.

* * * * *

Although there are three forms of local government available, there

are certain characteristics common to all three types:

(1) A bicameral City Council (unless authorized by the General

Assembly to have only one branch) is elected by the qualified voters

of the city on the second Tuesday in June. The term of office of the

councilmen begins on the following September 1. The council acts

as the legislative body by passing city or municipal laws called

ordinances. Cities are usually divided into various sections called

wards. Since representation from each ward is primarily based upon

population of the ward, the city council has the power to change

ward boundaries. Since 1933, after every ten-year period, the city

council is required by the Virginia Constitution to re-apportion

such representation accordingly. Usually, there is one councilman

from each ward.

(2) The following officials are required by the Constitution to

be elected to office by the qualified voters: City Court Clerk,

City Commonwealth's Attorney, City Commissioner of Revenue, City

Treasurer and City Sergeant (Sheriff). All these officials (with the

exception of the City Court Clerk whose eight-year term of office

begins at the same time as the city judges' term) are elected on

the first Tuesday after the first Monday in November and their term

of office begins on the following January 1. Under a constitutional

amendment proposed in November 1960, certain elected officials of a

city (or county) could serve as such officials in two or more cities

(or counties, or city and counties) if a majority of the voters of

the local units affected so decided; however, the amendment was

defeated.

(3) Every city has a mayor who is the chief executive and who is

elected by the people for a four-year term. Depending upon the

form of city government adopted, the mayor may be essentially a

figurehead or a key official. The chief duties of a mayor usually

include the following:

a. enforcing ordinances, by-laws and orders,

b. ascertaining that duties of various city officials are

carried out properly,

c. suspending city officials upon the authorization of the

General Assembly for misconduct in office or for neglect of duty,

d. considering ordinances, resolutions, and other measures and

approving or disapproving them,

e. presiding at city council meetings (unless a special

provision already has provided for a council president) and

voting only in case of a tie

f. appointing key officials with the approval of the city

council (for example, the Chief of Police, the Fire Chief, the

City Attorney) and members of certain boards (Planning, Health,

Zoning Boards).

Every resolution or ordinance must be presented to the Mayor of a

city after it has been passed by the City Council. The Mayor has

three choices:

(1) He may approve the ordinance by signing it; it then becomes

operative.

(2) He may disapprove the ordinance by vetoing it; he then returns

the ordinance to the clerk of the council with his written

objections. The council then enters the detailed objections in its

journal and reconsiders the original resolution or ordinance in view

of such objections. If, after due consideration, two-thirds of the

membership of the council still wishes the original ordinance to

pass, it is passed over the Mayor's veto.

(3) He may do nothing about the ordinance; after five days have

passed, Sundays excepted, if the Mayor is still in office and the

term of office of the members of the city council has not expired,

it automatically is passed. If, however, during these five days,

either the term of office of the Mayor or the term of office of the

members of the city council ends, the ordinance is not passed but is

considered "killed."

Like the Governor of the state, the Mayor can veto a particular item

or more than one item in an appropriation ordinance or resolution

without affecting the rest of the resolution or ordinance. Any

ordinance or resolution which concerns the appropriation of money

for an amount over one hundred dollars, the levying of taxes or

the authorizing of the borrowing of money can be passed only by a

recorded affirmative vote of a majority of all council members.

The oldest form of city government in Virginia is the Mayor-Council

Form. Under this form, the Council and the Mayor are elected by

the qualified voters. The Mayor, therefore, is the chief executive

officer of the city and he either appoints solely, or with the

consent of the city council in some instances, the city officers

not constitutionally required to be elected. He also has the

authority to supervise all city departments and to suspend any

officer or employee for cause. Under this system, the council is the

legislative body only.

Another form is the Commission form of local government. Of the

three different types mentioned previously, this form is used in

Virginia the least. According to this plan, the city council itself,

elected at large, assumes the legislative and administrative or

executive powers. A mayor is elected from council membership but he

has very limited powers. He is chairman at the council meetings and

may suggest recommendations as possible legislative measures as he

sees fit. The city itself is divided into various administrative

departments by the council and each department is assigned to

a different council member who becomes the head executive or

administrative official of that department. Thus, each council

member acts as an administrator individually and as a legislator

collectively. The city council according to this plan carries out

the usual functions of the legislative body and of the executive

department, including such functions as determining the powers of

each department and the rules and regulations of each office holder

and employee.

The City Manager form of government was first adopted in the United

States by the city of Staunton in 1908. This is the most widely-used

plan found in Virginia cities at the present time and in many other

large cities throughout the United States. Under this plan, the

Council members are elected at large by the voters. The Council is

the legislative body which makes the local laws. The City Council

selects the City Manager who may or may not be an inhabitant of the

town, city or state involved. He not only acts as the chief adviser

to the City Council but also becomes the chief executive in this

plan. His term of office is at the discretion of the City Council

members and he is responsible directly to them. Charles E. Ashburner

was the first City Manager in the United States.

The City Council usually elects its own chairman from among its own

membership; this chairman automatically becomes the Mayor of the

city. He is the official titular head of the city and represents

the city upon various public occasions. He presides at Council

meetings, has regular Council powers and can vote but cannot veto a

proposed law. In contrast, the City Manager has the power to appoint

the chief officials of the various city government departments,

the responsibility for enforcing city ordinances and resolutions,

the obligation of attending City Council meetings and of making

suggestions and recommendations to the Council, the duty of keeping

the City Council informed of general and specific activities of

the city including its financial status, the task of preparing and

submitting a proposed budget to the City Council and the duty of

carrying out miscellaneous functions assigned to him by the City

Council.

These three forms--Mayor-Council, Commission and City

Manager--exemplify the variety of local government organization

available to cities and towns located in Virginia.

Towns in Virginia in order to be incorporated must have at least 300

inhabitants and must receive approval of the local circuit judge.

Towns still remain part of the county after their incorporation.

At present, there are approximately two hundred incorporated towns

whose functions are carried out and services furnished by the County

and the Town governments. Every town has a Council and a Mayor

and in the large towns, usually a Town Manager. Three other town

officials are a Treasurer, a Clerk (called a Secretary or Recorder)

and a Town Attorney.

Residents of Virginia, consequently, are governed daily by either

Town, City or County levels of government in addition to State and

National levels.

_Education and Public Instruction_

Article IX concerns education. The Constitution specifically states

that "The General Assembly shall establish and maintain an efficient

system of public free schools throughout the State." Therefore, as

in all states in United States, the management of the schools is

basically the responsibility of the state. There is a State Board

of Education consisting of seven members appointed for four-year

terms by the Governor with the approval of the General Assembly. The

Governor with the approval of the General Assembly also appoints an

experienced educator to the chief educational position known as the

Superintendent of Public Instruction. His term of office parallels

that of the Governor who appoints him. The duties and powers of the

State Board of Education are constitutionally described as follows:

(1) to divide the State into school divisions or districts;

to certify to the local school boards within each division

a list of persons who have reasonable academic and business

qualifications for division superintendent of schools (the local

school board has the authority to select from this list the

individual whom they wish to hold the position of superintendent

of their division for a four-year term),

(2) to manage and invest the school fund, according to legal

regulations,

(3) to make rules and regulations for the management and conduct

of the schools, upon the authority of the General Assembly,

(4) to select textbooks and educational appliances for school

use with the General Assembly itself prescribing the time when

textbooks are to be changed by the State Board of Education.

According to the Constitution, each magisterial district is a

separate school district, and the magisterial district furnishes

the basis of representation on the county or city school board. In

cities which have a population of at least one hundred and fifty

thousand, school boards have the authority to decide for themselves,

with the approval of the local legislative body, the number and

the boundaries of their school districts. The General Assembly has

the right to consolidate into one school division, if it deems it

advisable, one or more counties or cities with one or more counties

or cities. Each division school board is empowered to select the

superintendent of schools for its own division or district. In

case a local school board fails to make such an appointment within

a prescribed time, the State Board of Education then appoints the

superintendent in that district.

In 1810 a Literary Fund was created as a permanent fund to be used

to defray educational expenses in Virginia. This money originally

came from the proceeds of public lands donated by Congress for

public free school purposes, from unclaimed property, from property

which the state received through forfeiture, from fines collected

for offenses against the state and from other funds appropriated

by the General Assembly. The only money in the fund which must, by

constitutional requirement, be apportioned on a basis of school

population for the benefit of the primary and grammar school levels

is the annual interest on the Literary Fund, one dollar of the

State capitation tax (total State capitation tax, $1.50) and an

amount equal to an annual tax on property of not less than one nor

more than five mills on the dollar. The school population in this

instance refers to the number of children in each school district

between the ages of seven and twenty years.

Each school district has the authority to raise additional sums of

money for educational purposes by levying a school tax on property,

a maximum amount being established by the law. The Board of

Supervisors in the county area and the Council in the town or city

areas have the authority to levy and collect local school taxes.

The General Assembly has the right to establish agricultural,

normal, manual training and technical schools as well as other

schools deemed desirable for the public welfare. Virginia colleges

under State control at present are the College of William and Mary

at Williamsburg, Longwood College at Farmville, Madison College

at Harrisonburg, Mary Washington College (women's division of the

University of Virginia) at Fredericksburg, Medical College of

Virginia at Richmond, Radford College, (Women's division of Virginia

Polytechnic Institute) at Radford, the University of Virginia at

Charlottesville, Virginia Military Institute at Lexington, Virginia

Polytechnic Institute at Blacksburg and Virginia State College

at Petersburg. The State also controls the Richmond Professional

Institute of the College of William and Mary in Richmond, the

Norfolk Division of the College of William and Mary in Norfolk and

the Norfolk Division of Virginia State College in Norfolk. The

Virginia School for the Deaf and the Blind at Staunton and the

Virginia State School for Colored Deaf and Blind Children at Newport

News are State operated.

The General Assembly also establishes compulsory education. At the

present time, school attendance is not compulsory on a state basis

but many communities have passed local compulsory attendance laws.

Whenever a parent or guardian is financially unable to furnish

public school children with necessary textbooks, the local school

system provides free textbooks to such individuals. The Virginia

Constitution has required that there be segregation of white and

colored children in the schools of Virginia. However, as a result of

a U. S. Supreme Court ruling in 1954, the segregation of colored and

white children became illegal and unconstitutional. Consequently,

local and state officials throughout Virginia have been compelled to

reconsider the state constitutional provision concerning segregation

in the public schools and to integrate the school population in some

areas.

Members of the Board of Visitors and Trustees of educational

institutions are appointed by the Governor with the approval

of the Senate for four-year terms. They regulate the policy of

state-operated institutions of higher learning.

_Miscellaneous Provisions_

Article X concerns the Department of Agriculture and Immigration

which is headed by a State Board of Agriculture consisting of one

practical farmer from each Congressional district. The president

of the Virginia Polytechnic Institute is also automatically an

ex-officio member of this board. The chairman of this board is

the Commissioner of Agriculture appointed by the Governor. The

Department of Agriculture and Immigration has three chief functions:

to encourage the production and sale of Virginia farm products,

to protect the Virginia farmers and consumers by carrying out

various state laws concerning food products, and the improvement

of such products. The major divisions of this department include

the Division of Chemistry, of Statistics, Dairy and Food, Markets,

Animal Industry and of Plant Industry. The immigration function

is now non-existent. This function was added when a severe labor

shortage existed in the latter part of the 1800's: at that time the

Commissioner traveled to Ireland, Holland, Belgium and Denmark in an

attempt to get agricultural workers. The department still retains

the name of Agriculture and Immigration but no longer has authority

over immigrants.

Article XI relates to Public Welfare and Penal Institutions.

The General Assembly has the authority to establish and operate

public welfare, charitable, sanitary, benevolent, reformatory or

penal institutions. As mentioned in the Executive section of the

Constitution, there is a Department of Welfare and Institutions

which includes a six-member Board of Welfare and Institutions

appointed for a four-year term by the Governor with the approval

of the General Assembly. The Director of this department is the

Commissioner of Public Welfare. The Department of Welfare and

Institutions consists of four divisions: the Division of Corrections

which controls the State Penitentiary, the State Farm, the State

Industrial Farm for Women, the Southampton Farm, the State Convict

Road Force and the Bland Correctional Farm; the Division of General

Welfare which helps needy children, elderly individuals, persons

who are permanently disabled physically or mentally, and other

miscellaneous cases; the Virginia Parole Board which has charge of

granting parole, revoking parole, releasing qualified persons on

parole and actually discharging individuals considered no longer

necessary on parole; and the Division of Youth Services which

supervises children placed in boarding homes and which operates and

controls training schools for minors who have committed crimes and

have been sent to these schools by court order: the Beaumont School

for Boys (white), the Hanover School for Boys (Negro), the Bon Air

School for Girls (white) and the Janie Porter Barrett School for

Girls (Negro).

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