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.