Six residents and qualified voters of the town of Middletown shall be elected as council members of the town. Successors to the three members of the present council whose terms expire in 2014 shall be elected on the first Tuesday following the first Monday in November of 2014 for terms of four years' duration, and every four years thereafter; the three council members receiving the greatest number of votes in the election to fill the four-year terms. The successors to the three members of the present council whose terms expire in 2012 shall be elected on the first Tuesday following the first Monday in November 2012 and every four years thereafter; the three council members receiving the greatest number of votes in the election to fill the four-year terms.
On the first Tuesday following the first Monday in November 2012, and every four years thereafter, there shall be elected one qualified voter of the town as mayor. The mayor and council members shall constitute the town council and be the governing body of the town of Middletown. They shall enter upon the duties of their offices on the first day of January next succeeding their election, and shall continue in office until their successors are duly qualified. Every person elected as council member shall take an oath administered by the clerk of the Frederick County Circuit Court that they shall faithfully execute the duties of the office to the best of their judgment and ability. The person elected as mayor shall take the oath prescribed by law for state officers.
(Acts 1972, c. 30; Acts 2012, c. 633)
The council shall be judge of the election, qualification and return of its members; may fine them for disorderly conduct and, with the concurrence of two-thirds, expel a member. If any person returned be adjudged disqualified, or be expelled, a new election to fill the vacancy shall be held on such day as the council prescribes. Any vacancy occurring otherwise during the term for which such person was elected shall be filled by the council by the appointment of anyone eligible to such office. In the event of the failure of the council to fill such vacancy within fifteen days, the Circuit Court of Frederick County shall make such appointment to fill the vacancy. A vacancy in the office of mayor shall be filled by the council from the electors of the town and any member of the council may be eligible to fill such vacancy.
(Acts 1954, c. 477)
Each member of the council and the mayor may receive a salary to be fixed by the council, payable at such time and in such manner as the council may direct in accordance with general law.
(Acts 1954, c. 477; Acts 1985, c. 54)
The mayor shall preside at the meetings of the council and perform such other duties as are prescribed by this charter and by general law and such as may be imposed by the council consistent with his office. The mayor shall have no right to vote in the council, except in case of a tie he shall have the right to break the same by his vote. He shall take care and see that the by-laws, ordinances, acts and resolutions of the council are faithfully executed and obeyed. He shall be ex officio conservator of the peace within the town and within one mile of its corporate limits. He shall see that peace and good order are preserved and that persons and property within the town are protected. He shall authenticate by his signature such documents and instruments as the council, this Charter, or the laws of the Commonwealth require. He shall from time to time, recommend to the council such measures as he may deem needful for the welfare of the town.
(Acts 1954, c. 477)
The council shall, as soon as practicable after qualification, and biennially thereafter following the regular municipal election, appoint one of its members as vice-mayor. The vice-mayor, during the absence or disability of the mayor shall perform the duties and be vested with all the power, authority and jurisdiction of the mayor; in the event of a vacancy for any reason in the office of mayor, he shall act as mayor until a mayor is duly appointed by the town council or is elected. The member of the council who shall be chosen vice-mayor shall continue to have all the rights, privileges, powers, duties and obligations of councilman even when performing the duties of mayor during the absence or disability of the mayor of the town, but when presiding over the council as vice-mayor, he shall not have the right in case of a tie to cast a vote breaking such tie.
(Acts 1954, c. 477)
The council shall, by ordinance, fix the time and place for their regular meetings, which shall be held at least once a month. Special meetings may be called by the clerk at the instance of the mayor or any three members of the council in writing; no other business shall be transacted at a special meeting except that stated in the call, unless all members be present and consent to the transaction of such other business. The meetings of the council shall be open to the public except when, in the judgment of the council, the public welfare requires executive meetings.
(Acts 1954, c. 477)
The council shall keep a minute book, in which its clerk shall note the proceedings of the council, and shall record proceedings at large on the minute book and keep the same properly indexed.
(Acts 1954, c. 477)
The council shall appoint at its first regular meeting after its election, a clerk of the council who shall hold office at the pleasure of the council. He shall attend the meetings of the council and keep its minutes and records and have charge of the corporate seal and shall attest the same. He shall keep all papers required to be kept by the council, shall publish reports and ordinances as are required to be published and shall perform such other duties as the council may require. His compensation shall be fixed by the council. Any vacancy in this office shall be filled by the council.
(Acts 1954, c. 477; Acts 2012, c. 633)
The council may adopt rules for regulating its proceedings, but no tax shall be levied, or corporate debt contracted, except by a recorded two-thirds vote of all the members elected to the council or appropriation of money exceeding the sum of one hundred dollars be made, except by a recorded affirmative vote of a majority of all the members to the council.
(Acts 1964, c. 477)
The council shall appoint at its first regular meeting after its election, or as soon as practicable thereafter, a treasurer who shall hold office for a term of two years. The council may provide a salary for the treasurer.
He shall give such bond, with surety and in such penalty as the council prescribes. He shall receive all money belonging to the town, and keep correct accounts of all receipts from all sources and of all expenditures of all departments. He shall be responsible for the collection of all taxes, license fees, levies and charges due to the town, and shall disburse the monies of the town in the manner prescribed by the council as it may by ordinance direct. The treasurer shall make such reports and at such time as the council may prescribe. The books and accounts of the treasurer shall be examined and audited at least once during the term for which he is appointed by the auditor of public accounts of the state, such examination and audit to be reported to the council.
(Acts 1954, c. 477; Acts 1968, c. 55; Acts 2012, c. 633)
The council may designate the place of deposit of all town funds, which shall be kept by the treasurer separate and apart and not co-mingled with any personal or other accounts.
(Acts 1954, c. 477)
The council shall appoint at its first regular meeting or as soon as practicable thereafter, a town sergeant, who shall also be chief of police and have all the power vested in town sergeants by general law. He shall hold office at the pleasure of the council. His duties shall be such as the council prescribes. He shall be vested with the powers of a conservator of the peace. His compensation shall be fixed by the council.
(Acts 1954, c. 477; Acts 2012, c. 633)
The council may appoint a police justice for the town pursuant to section 16-129 of the Code of Virginia, who shall be a resident of Frederick County or the county seat thereof, and who shall serve a term of two years or until his successor is appointed and qualified. The police justice is hereby invested with the right and authority to issue warrants, summon witnesses and try cases involving violations of town ordinances; and he shall be compensated in such manner and amount as the council may provide.
The conduct of all proceedings and trial and disposition of cases by or before the police justice and the fees and costs assessed by him shall be the same as provided by general law relating to trial justices. All fees, costs and fines imposed and collected by the police justice shall be paid into the town treasury unless the council by ordinance directs some other disposition thereof. Appeals from the decisions of the police justice shall be allowed and taken in the manner provided by general law for appeals from trial justices, and shall be to the Circuit Court of Frederick County.
The Council shall provide a courtroom for the conduct of such proceedings and trials, and for necessary records, equipment and supplies incident thereto. The council may appoint a police court clerk to serve at the pleasure of the council, to assist the police justice and who shall after appointment and qualification be empowered to grant bail in matters within the trial jurisdiction of the police justice.
If there be appointed a police justice, the council may also appoint a substitute police justice for the town who shall have the same residency qualifications as the police justice, and whose appointment, qualification and term shall be the same as the police justice. In the event of the disability of the police justice to perform the duties of his office due to sickness, absence, unavailability, vacation, or otherwise, the substitute police justice shall be vested with and may exercise all the rights and authority of the police justice, and he shall be compensated in such manner and amount as the council may provide.
Notwithstanding the provisions of this section for the appointment of a police justice and a substitute police justice, the council by ordinance may invest the mayor as such with all or any part of the rights, authority, duties and functions prescribed for the police justice, to exercise the same and act when the office of police justice is vacant, or in the event of the disability of the police justice and the substitute police justice, if there be one, to perform the duties of his office due to sickness, absence, unavailability, vacation or otherwise. In any such event, the clerk mentioned above in this section shall have the same duties and powers as there specified.
(Acts 1954, c. 477)
In addition to the officers of the town specifically provided for herein, the council may appoint such other officers, including a town clerk who may be the same person as the clerk mentioned in section 11 above, as it may deem necessary, and define the duties, fix the compensation, set the qualifications and terms of office and require proper bonds of each. The council may provide for the payment of bond premiums for the official bond of any of its officers.
(Acts 1954, c. 477)
All ordinances, resolutions and by-laws passed by the council shall take effect at the time indicated in such ordinances, resolutions or by-laws, but in event no effective date shall be set forth in any such ordinances, resolutions or by-laws passed by the council, the same shall become effective thirty days from passage.
(Acts 1954, c. 477)