[1]
Editor's Note: For state law as to counties,
cities and towns generally, see Code of Virginia, Title 15.1. As to
the City Manager plan of government, see Code of Virginia, § 15.1-925
et seq. As to provisions relating only to cities, see Code of Virginia,
§ 15.1-803 et seq.
Every person elected or appointed to any City
office shall, on or before the day on which he enters upon the duties
of his office or his term of office begins, qualify by taking and
subscribing to the oath prescribed for state officers in § 49-1
of the Code of Virginia.
[1]
Editor's Note: For state law as to the requirement
that all City officers shall take an oath of office as prescribed
in Code of Virginia, § 49-1, see Code of Virginia, § 15.1-38.
A.
Every officer, employee or agent of the City who,
in the course of his official duties, receives, handles or has custody
of or control over more than $100 of City funds, negotiable instruments
or securities at any time shall, before entering upon his duties as
such officer, employee or agent and within 10 days of his election
or appointment, give bond, payable to the City by its corporate name,
"The City of Colonial Heights," with corporate surety, in such amount
as shall be determined by the City Council and conditioned upon the
faithful performance of his duties, a true accounting to give of all
City funds, negotiable instruments and securities received or handled
by him or coming within his custody or under his control and payment
thereof to the city, provided that the amount of bond of the City
Treasurer, the Director of Finance and the City Manager, respectively,
shall be not less than $187,500, and provided further that during
any period when two or more positions are held by the same person,
the bond of such person shall be in amount not less than the highest
amount determined by the City Council for any one of such positions.
B.
The City Council may adopt a system of blanket faithful performance and honesty bonding as an alternative to the individual bonds provided in Subsection A of this section, provided that the amount of such bond with respect to the City Treasurer, the Director of Finance and the City Manager shall be in amount not less than $187,500.
C.
All officers, employees and agents of the City who,
in line of duty, are required or authorized to carry firearms shall
give bond, payable to the city, with corporate surety, in such amount
as may be determined by the City Council and conditioned upon the
faithful performance of their respective duties and the payment of
any judgment or decree which may be rendered against them for the
negligent or unlawful use or handling of such firearms and to save
the City harmless from all claims and demands whatsoever for the negligent
or unlawful use or handling of such firearms.
D.
The City Attorney shall approve all bonds required
by this section with respect to their form and legality, and the premiums
thereon shall be paid by the City. The City Council shall approve
all bonds required by this section with respect to their sufficiency.
All bonds required by this section shall be in the custody of the
City Clerk, except that any bond required of the City Clerk and of
the City Treasurer, if the Treasurer and Clerk are one and the same
person, shall be filed with and kept in custody of the City Manager.
[1]
Editor's Note: For state law as to the authority
of the City Council to require bonds of City officers and employees,
regardless of Charter provisions, see Code of Virginia, §§ 15.1-797
and 15.1-813.1. As to additional bond required of City treasurers,
see Code of Virginia, §§ 15.1-44 and 15.1-45. As to
bonding of City Sheriffs, see Code of Virginia, § 15.1-41.
As to bond of City Manager, see Code of Virginia, § 15.1-928.
Except as may be provided otherwise by state
law or the Charter in any case, all City officers, employees and agents
shall receive for their services such compensation as may from time
to time be provided for their respective positions in the annual budget
or other ordinance or resolution of the City Council, and all fees
received by them shall belong and be paid over by them to the city.
[1]
Editor's Note: For state law as to compensation
of commonwealth's attorneys for cities, see Code of Virginia, § 14.1-53.
As to compensation of City treasurers, see Code of Virginia, § 14.1-55.
As to compensation of commissioners of the revenue for cities, see
Code of Virginia, § 14.1-57.
In addition to the compensation provided for
by the City Council, the City Attorney, when his attendance is required
out of the City on business of the city, shall be paid and allowed
reasonable hotel and traveling expenses and such additional compensation
as approved by the Council for any case in which he represents the
City in the Circuit Court, the Supreme Court of this state or any
federal court.
A.
Authority vested in and duties imposed upon City officers
by state law, the Charter, this Code or other ordinances and resolutions
of the City Council may, when they so authorize, be exercised or performed
by their deputies, assistants and other subordinates to the extent
not provided by state law, the Charter, this Code or other ordinance
or resolution of the City Council.
B.
When any City officer or employee is absent or disabled
or when any office or position in the City government is vacant, the
person designated by competent authority to act in the place of such
absent or disabled officer or employee or to hold temporarily the
vacant office or position shall have the powers and perform the duties
of such absent or disabled officer or employee or appertaining to
such vacant office or position.
[Amended 5-8-1979 by Ord. No. 79-16; 10-12-1982 by Ord. No. 82-38]
A.
The City Clerk shall be custodian of all City records,
maps, documents and other papers belonging to the City for which no
other custodian is designated, and he shall keep them secure against
all hazards and make them available to those having an interest therein
for inspection and use in his office during all regular business hours,
provided that records of a confidential nature, such as income returns
from merchants, shall be made available only to persons authorized
by law to have access thereto.
B.
The City Clerk shall, upon request and without charge,
furnish to any officer of the City a copy of any record, paper or
public document made or filed in his office, when such copy may be
necessary to such officer in the discharge of his duty, and he shall
furnish a like copy to any citizen when required, unless otherwise
prohibited, upon payment therefor by such person of a reasonable charge
imposed by the City Clerk for the copy and search time expended in
the supplying of such copy, such charge not to exceed the actual cost
in supplying such copy or $1 for each page of such records, papers
or documents to be transferred or furnished, whichever is less; provided,
however, that the City Clerk shall furnish in the same manner, at
no cost, a like copy of any ordinance or resolution to any organization
operated exclusively for religious, charitable, community, educational,
recreational or eleemosynary purposes or an association of war veterans
or auxiliary units thereof, a volunteer association or a fraternal
association operating under the lodge system, when any such organization
is directly affected thereby.
C.
The office of the City Clerk is the principal point
of contact between the public and the City government, and the City
Clerk shall, upon request, render reasonable assistance to persons
affected by the provisions of this Code or other ordinances or resolutions
of the City Council and to persons seeking to do business with the
City. Where such action will not conflict with duties required by
other provisions of the City Charter, this Code or any other direct
order of City Council, the City Clerk may, at the request of the City
Attorney, City Manager or City administrative officer under the direction
of the City Manager, assist the City Attorney, City Manager or administrative
officer under the direction of the City Manager, in preparation of
documents, reports to City Council and other responsibilities relating
to activities of City Council.
[1]
Editor's Note: For related statutory provisions,
see the Freedom of Information Act (Code of Virginia, § 2.1-340
et seq.) and the Public Records Act (Code of Virginia, § 42.1-76
et seq.).
[Added 10-8-1985 by Ord. No. 85-21]
A.
Each custodian of public records of the city, as defined
by the Virginia Public Records Act,[2] shall retain and dispose of such records, without further
direction by Council, in accordance with standards and retention and
disposition schedules issued by the Virginia State Library pursuant
to the Act, in the manner provided thereby. Unless otherwise specifically
provided by law, all such standards and schedules shall first be filed,
however, with the City Clerk, and no custodian of public records shall
destroy, discard, sell or give away said public records without first
offering them to the Virginia State Library and City Clerk for preservation.
The Virginia State Library and the City Clerk shall authorize, in
writing, in accordance with said approved standards and schedules,
the destruction of public records not deemed to have continuing historical,
fiscal, legal or administrative value. Failure of the City Clerk to
respond within 60 calendar days shall constitute the approval of that
office of the disposal of the subject records.
[2]
Editor's Note: See Code of Virginia, § 42.1-76
et seq.
B.
There shall be a Public Records Committee, which shall
consist of the City Treasurer, the City Clerk and the Director of
Finance. The City Librarian shall serve as an alternate member and
the City Attorney as a nonvoting member. It shall have the authority
to act in the maintenance or disposal of public records of the City
in every such instance in which a committee is required to act by
general or special law. It shall have the authority to promulgate
its own administrative rules, regulations or forms required for such
purposes. It may serve in an advisory capacity on record maintenance
and disposal upon the request of any custodian of public records of
the city.
C.
Each custodian of public records of the City shall
have the authority to promulgate standards, rules and regulations
relating to the maintenance or disposal of public records of the city,
but only as to those records to which the Virginia Public Records
Act[3] does not apply, if any, or in those situations in which
applicable standards, rules or regulations have been requested but
not promulgated pursuant to the Act. All such supplemental standards,
rules and regulations shall be approved by the City Attorney as to
their legality and filed in the office of the City Clerk.
[3]
Editor's Note: See Code of Virginia, § 42.1-76
et seq.
A.
The City Clerk shall maintain on file in his office
an inventory of all real property owned or leased to the City. This
inventory shall be maintained in current status and during January
of each year shall be revised, as may be appropriate, to show changes
in value due to depreciation or to repairs, renovations, etc. For
each building or lot such inventory shall also show:
(1)
A brief description;
(2)
A reference to the deed, device, lease or other instrument
whereby the City acquired title to or the use thereof;
(3)
The department, office or agency charged with custody;
(4)
The purpose or use;
(5)
The insurance of all types thereon, together with
notes as to premiums payable and anniversary dates; and
(6)
For property owned by the City and leased to other
persons, copies of such leases and appropriate notes as to the revenues
derived therefrom.
B.
Each City officer having custody of items of nonexpendable
personal property of value greater than $25 owned by or leased to
the City shall, during January of each year, prepare in duplicate
an itemized inventory of such property, showing for each item: its
value and a brief description, together with identification (by serial
number, where applicable); a reference to the instrument, if any,
whereby title or use was acquired; the department, office or agency
having custody; the purpose or use; and the insurance of all types,
if any, together with notes as to premiums payable and anniversary
dates. The original copy of each such inventory shall be filed in
the office of the City Manager before February 1 of each year, and
the duplicate copy shall be retained on file in the office of the
person who prepared it.
Whenever any officer or employee of the City
is required or authorized by statute, the provisions of this Code
or any ordinance or resolution, or rules and regulations or orders
issued thereunder, in order to carry out his duties thereunder or
to enter any premises or vehicle for the purpose of making an inspection
thereof or of any thing therein contained, such officer or employee
shall have the right to enter any such premises or vehicle in accordance
with law at any reasonable time in pursuance of such duties, upon
display of his credentials as a City officer or employee, and it shall
be unlawful for any person to refuse or hinder such entry.
