The government and administration of the city shall be vested
in the Mayor; one body to be called the Council of the City of Fredericksburg;
one administrative officer, appointed by the Council, to be styled
the city manager; and in such other departments, boards, and other
officers [as] are hereinafter provided for, or as are permitted or
required by law.
[Amended 3-27-2009]
Effective October 1, 1988, the Council shall consist of seven
members, including the Mayor, each of whom shall hold office until
his successor has qualified, unless sooner removed by death, resignation
or other cause. The Mayor and two members of Council shall be elected
at large. The other four members shall each be elected from one of
four wards. The Mayor shall preside over meetings of the Council and
shall have the same powers and duties as other members of the Council,
with a vote, but no veto.
The Mayor and the two members of Council elected at large on
the Tuesday after the first Monday in September, 1988, for an initial
term beginning on October 1, 1988, and expiring on July 1, 1992, shall
hold office until their successors have qualified. The Mayor and the
two members of the Council elected at large shall thereafter be elected
every four years on the first Tuesday in May, beginning with the first
Tuesday in May, 1992, and shall hold office for a term of four years
from July 1 succeeding their election and until their successors have
qualified.
The four members of the Council elected by wards on the Tuesday
after the first Monday in September, 1988, for an initial term beginning
on October 1, 1988, and expiring on July 1, 1990, shall hold office
until their successors have qualified. The four members of the Council
elected by wards shall thereafter be elected every four years on the
first Tuesday in May, beginning with the first Tuesday in May, 1990,
and shall hold office for a term of four years from July 1 succeeding
their election and until their successors have qualified.
Vacancies in the Council shall be filled within 45 days by a
recorded majority vote of the remaining members of the Council; provided,
however, that when more than two years remain in the unexpired term
and the vacancy occurs at least 120 days prior to the next Council
member election, the City Council shall, within 15 days of the occurrence
of the vacancy, petition the circuit court to issue a writ of election
to fill the vacancy. Either upon receipt of the petition or on its
own motion, the court shall issue the writ ordering the election for
the next regularly scheduled May Council member election. Whenever
a vacancy will be filled by special election, Council may, within
45 days of the office becoming vacant, appoint a qualified voter of
the election district in which the vacancy occurred to fill the vacancy.
The person so appointed shall hold office until the qualified voters
fill the vacancy by special election as provided herein and the person
so elected has qualified. Those elected to fill such vacancies shall
hold office for the unexpired term of the Council members whose places
they fill, unless sooner removed by death, resignation or other cause.
Members of the Council, including the Mayor, shall be qualified electors
of the city and shall hold no other public office while serving as
such, except that of notary public.
[1]
Editor's Note: To the extent that it provides for the conduct
of elections in May, Chapter II, § 7, of the Charter has been
preempted by Ch. 103, Acts of 2021, approved 3-12-2021, which requires
elections to be held in November. See § 15.2-1400E of the Code
of Virginia.
Neither the Council nor any of its members shall dictate the
appointment of any person to office or employment by the city manager,
or, in any manner interfere with the city manager or prevent him from
exercising his own judgment in the appointment of officers or employees
in the administrative service. Except for the purpose of inquiry,
the Council and its members shall deal with the administrative service
solely through the city manager and neither the Council nor any member
thereof shall give orders to, or interfere with, any of the subordinates
of the city manager, either publicly or privately.
[Acts 1998, ch. 517]
No person elected to the Council nor the Mayor, whether he qualifies
or not, shall, during the term for which he was elected or twelve
months after the expiration of that time, be elected by the Council
or appointed by the city manager to any position of profit or remuneration
of the city.
The Council shall elect one of its members, other than the Mayor,
as Vice Mayor of the city, to act in the place of the Mayor in his
absence or incapacity. The Vice Mayor shall be elected for a term
of two years, the beginning date of such term to be prescribed by
ordinance and any vacancy in the office of Vice Mayor shall be filled
by a recorded majority vote of the Council for the unexpired term.
The Council shall meet at such times as may be prescribed by
ordinance or resolution, provided, however, that it shall hold at
least one meeting each month. No business shall be transacted at a
special meeting except that for which it shall have been called, unless
all members of the Council attend such special meeting or give their
written consent thereto.
The Mayor or any three members of the Council may call special
meetings of the Council at any time upon written notice to each member
served personally or left at his usual place of business or residence,
but special meetings may be held at any time without notice, provided
all members of the Council attend such meetings or waive notice thereof.
A majority of the members of the Council shall constitute a
quorum for the transaction of business. No vote shall be considered
or rescinded at any special meeting unless at such special meeting
there be present as large a number of members as were present when
such vote was taken. No ordinance or resolution appropriating money,
imposing taxes, or authorizing the borrowing of money shall be passed
except by record affirmative vote of a majority of all members elected
to the Council.
The Council shall appoint a clerk to serve at the will of the
Council, and shall have authority to appoint such officers and committees
as they may deem proper for the regulation of their proceedings, and
to adopt rules of procedure, which shall be for the convenience of
the Council only; to compel the attendance of absent members; to punish
its members for disorderly behavior; and by a vote of not less than
five members of the Council, to expel a member for malfeasance or
misfeasance in office. The Council shall keep a record book in which
the clerk shall note the proceedings of the Council, and shall record
said proceedings at large in the record book and keep the same properly
indexed.
[Amended 3-27-2009]
All ordinances and all resolutions appropriating funds in excess
of $100,000 shall be adopted by the Council on two readings. No such
ordinance or resolution shall be adopted on second reading on the
same day as its introduction unless five members elected to Council
have voted to suspend the rules and to place the matter on second
reading.
[Acts 1999, ch. 182]
The school board of the city shall consist of six members of
whom four shall be elected by districts and two at large. The terms
of the members and other provisions for school board elections shall
be as prescribed by general law of the Commonwealth.
The Council may appoint an auditor and a city attorney, or may
by ordinance fix the method of their appointment, both of whom shall
hold office for such terms as may be fixed by the Council.
There shall be elected by the qualified voters of the city on
the Tuesday after the first Monday in September, 1988, and thereafter
as provided in section 7 of this charter, a Mayor, who shall be a
qualified voter of said city and who shall be the chief executive
officer of the city. He shall receive an annual compensation fixed
by the Council in accordance with state law.
Should the person elected Mayor omit or fail from any cause
to qualify on or before the date his term of office begins, or, if
after the election, he shall die, resign, or be removed from office
for any cause, then, and in all such events, the Vice Mayor shall
serve out the unexpired term.
Whenever, from any cause, the Mayor shall be unable to perform
the duties of office, these duties shall be discharged by the Vice
Mayor, who shall, in such cases, exercise all of the powers of the
Mayor except the power of voting at Council meetings on behalf of
the Mayor.
The Mayor of the city shall have, possess, and exercise the
same rights and powers given him by general law or by special act,
and by ordinances enacted by the Council, except insofar as the same
are amended or modified by the provisions of this charter; but the
Mayor shall have no power to remove any city officer or employee of
the city, and the Mayor shall not have the power of veto.
