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).