Chapter 2
ADMINISTRATION*
*Cross references - Animal warden, § 6-2; Shenandoah Valley Airport Commission, § 7-11 et seq.; department of building inspection and building official, § 9-2; board of building code appeals, § 9-18; electrical review board, § 9-19plumbing and mechanical review board, § 9-20; elections, Ch. 10; board of appeals for erosion and sediment control, § 11-4; city treasurer, § 12-18 et seq.; commissioner of revenue, § 12-37 et seq.; chief finance officer, § 12-51 et seq.; fire department, § 13-12 et seq.; library board, §§ 15-1, 15-2; interfering with or obstructing city officers or employees or persons doing work for city, § 18-3; damaging city property, § 18-6; director of recreation, § 19-1; superintendent of parks and playgrounds, § 19-12 et seq.; police department, § 20-12 et seq.; social services, Ch. 23; material of historical interest, App. A.
Art. I. In General, §§ 2-1--2-15
Art. II. City Council, §§ 2-16--2-56
Div. 1. Generally, §§ 2-16--2-26
Div. 2. Meetings, §§ 2-27--2-40
Div. 3. Ordinances and Resolutions, §§ 2-41--2-56
Art. III. Official Bonds, §§ 2-57--2-71
Art. IV. City Manager, §§ 2-72--2-86
Art. V. City Clerk, §§ 2-87--2-99
Art. VI. City Attorney, §§ 2-100--2-113
Art. VII. Health Department, §§ 2-114--2-128
Art. VIII. Planning Commission, §§ 2-129--2-143
Art. IX. Industrial Development Authority, §§ 2-144, 2-145
Art. X. Office of Youth, §§ 2-146--2-151
ARTICLE I. IN GENERAL
Sec. 2-1. Oath of city officers.
Every person elected or appointed to any office in the city shall, before entering upon the duties of his office, take the oath of office prescribed by the laws of the state to be taken by persons holding offices under the state. Such oath shall be taken before any person duly qualified to administer it under the laws of the state and his certificate that such oath has been taken shall be filed with the city clerk, who shall enter the same upon the journal to be kept of the proceedings of the meetings of the council. If any person appointed or elected to any office in the city neglects to take such oath for thirty (30) days after receiving notice of his election or appointment, his office shall be deemed vacant. (Code 1964, § 2-24)
State law references - Oath of local officers required, Code of Virginia, § 15.1-38; oath of state officers prescribed, § 49-1.
Sec. 2-2. Reserved.
Sec. 2-3. Deferred compensation plan for city employees - Generally.
(a) Pursuant to the Government Employees Deferred Compensation Act, section 51-111.67:14 et seq., of the Code of Virginia, the city hereby adopts and establishes a plan of deferred compensation for its employees. The purpose of the plan shall be to provide for the deferral of compensation to the participants. The plan shall exist in addition to all other requirement, pension or other benefit systems available to the participants and shall not supersede, make inoperative or reduce any benefits provided by any other retirement, pension or benefit program established by law.
(b) On behalf of the employer, the city manager is hereby authorized and directed to execute and deliver the plan referred to in subsection (a) above to the plan administrator. The plan shall contain such terms and amendments as the city manager may, from time to time, approve, such approval to be conclusively evidenced by his execution thereof. (Ord. of 6-13-81)
Cross reference - Ordinances prescribing compensation for officers and employees not affected by Code or ordinance adopting Code, § 1-6.
State law reference - Authority to adopt deferred compensation plan, Code of Virginia, § 51-111.67:18.
Sec. 2-4. Same - Deferred compensation committee.
There is hereby created a deferred compensation committee to be appointed by the city manager. Such committee is hereby granted the power to do all things by way of supervision, administration and implementation of the plan of deferred compensation, including, but not limited to, the power to contract with private corporations or institutions for service in connection therewith; provided, however, that nothing contained in this section shall be construed to authorize the Deferred Compensation Committee to act beyond the limits of the plan. (Ord. of 7-13-81)
Sec. 2-5. Agencies recognized as part of city's official safety program.
For the purpose of fulfilling the provisions of sections 15.1-136.1 through 15.1-136.7 of the Code of Virginia, the police department, the police reserve force, the fire department and the volunteer fire company are hereby recognized as an integral part of the official safety program of the city. These agencies are considered by the council to be an integral part of the official safety program of the city, along with other agencies recognized by any other ordinance. (Code 1964, § 2-45)
Cross references - Fire department, § 13-12 et seq.; police department, § 20-12 et seq.
Secs. 2-6 - 2-15. Reserved.
ARTICLE II. CITY COUNCIL*
*Charter reference - Council generally, Ch. II
DIVISION 1. GENERALLY
Sec. 2-16. Election and duties of president and vice-president.
The council shall, at its first meeting in September, 1950, and biennially thereafter on July first, elect one of its members as president, who shall be, ex officio, mayor of the city who shall be the presiding officer of the council and official head of the city, and who shall perform such duties as shall be prescribed by the laws of the state or may be imposed by the council not inconsistent there-with. The council shall, at the same time, elect a vice-president, who shall perform the duties of the president or mayor in his absence or incapacity. (Code 1964, § 2-10)
Charter reference - President and vice-president of council, § 5.
Sec. 2-17. Filling of vacancies.
When any vacancy in the membership of the council shall occur by death, resignation, expulsion, removal from the city, failure to qualify or from any other cause, the remaining members of the council shall, by majority vote, elect a qualified citizen to fill the vacancy for the unexpired term. (Code 1964, § 2-3; Ord. of 9-27-84)
State law reference - Vacancies in council, Code of Virginia, § 15.1-808. See also, § 24.1-79.
Sec. 2-18. Members ineligible to certain offices.
No member of the council shall be eligible, during his tenure of office as such member and for one year thereafter, to any office to be filled by the council, by election or by appointment. (Code 1964, § 24)
Charter reference - Similar provisions, § 16.
Sec. 2-19. Disorderly behavior of members; malfeasance or misfeasance in office.
The council may, by a majority vote, punish a member for disorderly behavior by a fine not exceeding one hundred dollars ($100.00) and, by a four-fifths vote of its whole membership, expel a member for malfeasance or misfeasance in office. Fines imposed under this section shall be collected in the same manner as fines imposed by the general district court. (Code 1964, § 2-5)
Sec. 2-20. Removal of officers.
For malfeasance, misfeasance, neglect of duty, incapacity or any other good cause, the council may remove from office any officer elected or appointed by it. (Code 1964, § 2-25)
Sec. 2-21. Authority as to extension of water and sewer lines and improvement of streets to promote industrial development.
Notwithstanding the provisions of any other provision of this Code or ordinance or regulation of the city, the city council, whenever it may deem it advisable in order to promote industrial development within the corporate limits of the city, may provide for the extension of water lines and sewer mains and the construction of streets to any manufacturing plant site within the corporate limits of the city and may provide that the cost of such extension of utilities and improvements be borne by the city alone or by the city and the manufacturing plant in question in such proportions as may be deemed reasonable by the council. (Code 1964, § 2-23)
Cross references - Sewers, Ch. 22; streets, Ch. 26; water supply, Ch. 29.
Secstions 2-22--2-26. Reserved.
DIVISION 2. MEETINGS*
*Charter reference - Council meetings, § 6 et seq.
Cross reference - Disrupting or disturbing council meetings, § 18-5.
Sec. 2-27. When regular meetings held; adjourned or postponed meetings.
The council shall hold regular meetings on the second and fourth Thursdays of each month, at such hour, as it may designate, and shall meet at any other time to which it may be regularly adjourned or postponed. If a quorum fails to attend, those attending may adjourn to such other time prior to the next regular meeting as they may determine and the clerk shall enter such adjournment in the journal of the council and shall notify absent members thereof, in the same manner as is required for special meetings. (Code 1964, § 2-6)
Charter references - At least one regular meeting per month required, § 6; call of special meetings, § 7.
Sec. 2-28. Quorum.
A majority of the members of the council shall constitute a quorum for the transaction of all business that does not require more than a majority vote of those present to determine. For the transaction of business requiring more than a majority vote of those present to determine, a quorum shall consist of such number of members as are required by law for the determination of such business. (Code 1964, § 2-7)
Sec. 2-29. Reserved.
Sec. 2-30. Rules of procedure generally.
The rules of parliamentary procedure as comprised in "Robert's Rules of Order" shall govern the council in all its deliberations, except in cases where they are in conflict with the laws of the state or of special rules adopted by the council. (Code 1964, § 2-11)
Sec. 2-31. Suspension of rules of procedure.
Any rule of procedure set forth in this division may be suspended for the time being by the affirmative vote of at least four (4) members of the council. (Code 1964, § 2-16)
Sec. 2-32. Form of petitions and communications.
All petitions and communications addressed to the council shall be in respectful language and in writing. (Code 1964, § 2-13)
Sec. 2-33. Members required to vote; exceptions.
Every member of the council present shall vote upon all questions upon which a vote may be taken, unless excused from voting by the council. No member, however, shall be permitted to vote upon any matter in which he shall have an immediate personal or financial interest. (Code 1964, § 2-9)
Sec. 2-34. Reconsideration of vote.
Any member of the council voting on the prevailing side of any question voted on by the council may move a reconsideration thereof at such meeting or at the next succeeding regular meeting, but no vote of a former meeting shall be reconsidered unless there be present at the subsequent meeting as many members as were present at the former meeting when the vote was taken. (Code 1964, § 2-8)
Charter reference - Motion to reconsider adoption of ordinance or resolution increasing city indebtedness or expending revenues, § 9.
Sec. 2-35. Viva-voce vote in elections by council.
Every election to office made by the council shall be by a viva-voce vote. (Code 1964, § 2-15)
Secs. 2-36 - 2-40. Reserved.
DIVISION 3. ORDINANCES AND RESOLUTIONS*
*Charter references - General authority of council to pass ordinances, bylaws and rules, § 11(21); publication of ordinances, § 11(22, 23).
Cross reference - Interference with enforcement of ordinances, § 18-4.
Sec. 2-41. Passage, amendment and repeal generally; signature of presiding officer.
No ordinance shall be passed, amended or repealed, except by ordinance regularly introduced and passed, nor shall any subsection of an ordinance be amended, unless the whole subsection be re-ordained, and all ordinances, amendments or resolutions which are duly passed shall bear the signature of the presiding officer at the meeting at which they are passed. (Code 1964, § 2-17)
Sec. 2-42. Style.
The style in which ordinances shall be passed shall be: "Be it ordained by the Council of the City of Staunton" and that in which resolutions shall be passed shall be: "Be it resolved by the Council of the City of Staunton." (Code 1964, § 2-20)
Sec. 2-43. Special requirements for appropriations, tax levies, etc.
(a) No ordinance or resolution appropriating money exceeding the sum of one thousand dollars ($1,000.00), imposing taxes or authorizing the borrowing of money shall be passed by the council on the same day on which it is introduced, nor shall any such ordinance or resolution be valid unless at least three (3) days intervene between its introduction and the date of final passage.
(b) No ordinance or resolution appropriating money exceeding one hundred dollars ($100.00), imposing or releasing taxes, authorizing the borrowing of money or donating any property of the city, where the value of such property is one hundred dollars ($100.00) or more, or increasing the salary or pay of any employee, when the aggregate of such increase in salary is one hundred dollars ($100.00) or more for any one year, shall be passed except by recorded affirmative vote of a majority of all members elected to the council. (Code 1964, § 2-18)
Charter reference - Similar provisions, § 8.
State law reference - Provisions similar to subsection (b) above, Code of Virginia, § 15.1-819.
Sec. 2-44. Required vote on ordinance disposing of property or franchise.
No ordinance granting, leasing, selling or otherwise disposing of any public property or franchise shall be valid, unless passed by the council by a recorded affirmative vote of three-fourths of all the members elected to the council. (Code 1964, § 2-19)
State law reference - Similar provisions, Code of Virginia, § 15.1-307.
Sec. 2-45. Affect of new ordinance on prior offenses, penalties, rights, etc.
No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings. (Code 1964, § 2-21)
Sec. 2-46. Repeal not to revive former ordinance.
When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. (Code 1964, § 2-22)
Secs. 2-47 - 2-56. Reserved.
ARTICLE III. OFFICIAL BONDS*
*Cross reference - Proceedings against sureties of officers whose duties include collection of money due city, § 12-6.
State law reference - General authority of council to require official bonds, Code of Virginia, § 15.1-813.1.
Sec. 2-57. Required for specific officers.
Official bonds shall be required of the following officials and in the penalties indicated, respectively:
| Treasurer | $100,000.00 |
| Chief Finance Officer | $5,000.00 |
| Commissioner of Revenue | $3,000.00 |
| City Manager | $3,000.00 |
| City Clerk | $1,000.00 |
| Chief of Police | $1,000.00 |
| Chief Clerk to City Manager | $1,000.00 |
Charter reference - Treasurer and commissioner of revenue to give bond in amount prescribed by council, §§ 17, 18.
Cross references - City treasurer, § 12-18 et seq.; commissioner of revenue, § 12-37 et seq.; chief finance officer, § 12-51 et seq.; police department, § 20-12 et seq.
State law reference - Bond of treasurer and commissioner of revenue, Code of Virginia, §§ 15.1-41, 15.1-42, 15.1-44n
Sec. 2-58. May be required for other officers and employees.
Official bonds may be required by the council or by the city manager of officers or employees, other than those listed in Sec. 2-57, in such penalty as may be requisite to protect the city. (Code 1964, § 2-28)
Section 2.59. Effect of failure to give.
Any person elected or appointed to any office who shall, for thirty (30) days after notification of his election or appointment, neglect to give such bond and surety as may be required of him, shall thereby vacate his office. (Code 1964, § 2-29)
Sec. 2-60. To be payable to city; surety; conditions; preservation.
(a) Every bond required by the provisions of this Code or other ordinance of the city to be taken or approved by the council, or any body or person acting under the authority of the city government, shall, unless otherwise provided, be made payable to the city, with surety deemed sufficient by the council. Every such bond required of any such person elected or appointed to any office, post or trust shall, unless otherwise provided, be conditioned on the faithful discharge by such person of the duties of his office or trust, and unless otherwise directed by the council, shall be returned to the city clerk and preserved among the official records.
(b) All city officials or employees who are required to give an official bond shall furnish, as surety thereon, some trust or guaranty company duly authorized to transact business in this state, which shall be deemed satisfactory by the council.
(c) All persons who may be required to give bond in excess of five hundred dollars ($500.00) for the faithful compliance with any contract made with the city shall furnish, as surety on such bond, some trust or guaranty company duly authorized to transact business in this state, which shall be deemed satisfactory by the council. (Code 1964, § 2-28)
Sec. 2-61. Payment of premiums.
The premiums on all bonds given under this article, except those referred to in Sec. 2-60(c), shall be paid by the city. (Code 1964, § 2-30)
State law reference - Authority of city to pay premiums on bonds, Code of Virginia, §§ 15.1-41, 15.1-813.1.
Secs. 2-62 - 2-71. Reserved.
ARTICLE IV. CITY MANAGER*
Sec. 2-72. Appointment; qualifications; term.
The council shall, whenever there is a vacancy, appoint a city manager, who shall be the administrative head of the municipal government. He shall be chosen by the council without regard to his political beliefs and solely upon the basis of his executive and administrative qualifications. The choice shall not be limited to the inhabitants of the city or state. He shall be appointed for an indefinite period and shall serve at the will of the council. (Code 1964, § 2-33)
Charter reference - Similar provisions, § 14.
Sec. 2-73. Compensation.
The council shall, by resolution, fix the yearly compensation of the city manager, to be paid in monthly installments out of the city treasury. (Code 1964, § 2-34)
Charter reference - Manager's compensation to be fixed by ordinance or resolution, § 14.
Sec. 2-74. General powers and duties.
(a) The city manager shall be responsible to the council for the efficient administration of all affairs of the city. He shall see that all laws and ordinances are enforced. He shall exercise supervision and control over all departments and divisions created under the provisions of the Charter or which may be created by the council. He shall attend all meetings of the council, with the right to take part in the discussion, but with no vote.
(b) The city manager shall recommend to the council for adoption such measures as he may deem necessary or expedient. He shall see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and, upon knowledge of any violation thereof, he shall call the same to the attention of the council and of the city attorney. He shall make and execute all contracts on behalf of the city, except as may be otherwise provided by the Charter or by ordinance or resolution of the council. He shall act as budget commissioner, and as such shall prepare and submit to the council the annual budget, after receiving estimates made by the heads or directors of the departments or of any board or commission not within a department. He shall keep the council at all times fully advised as to the financial condition and needs of the city. He shall perform all such other duties as may be prescribed by law or be required of him by ordinance or resolution of the council. (Code 1964, § 2-35)
Charter reference - General responsibilities and powers of city manager, § 15.
Cross reference - Finance, Ch. 12.
Sec. 2-75. Powers and duties with respect to officers and employees.
Subject to provisions of annual budgets, current classification and compensation plans and ordinances of the city, the city manager shall appoint, promote and, when necessary for the good of the city, suspend, demote or remove officers and employees from the service of the city. This section does not apply to the city attorney, the city clerk, officers and employees of the public school system, constitutional officers and employees for which other provisions have been included under state law. (Code 1964, § 2-37)
Sec. 2-76. Designation of acting manager.
During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. (Code 1964, § 2-38)
Charter reference - Similar provisions, § 14.
Secs. 2-77-2-86. Reserved.
ARTICLE V. CITY CLERK
Sec. 2-87. Appointment; general duties.
(a) The council shall appoint a city clerk, who shall serve as clerk of the council, clerk of the planning commission, clerk of the board of zoning appeals and clerk to such other boards and commissions as the council may designate.
(b) The city clerk shall maintain an accurate record of the proceedings of the council and of the boards and commissions which he has been designated by the council to serve. The clerk shall attend all such meetings, unless excused by the mayor or the chairman of the respective board or commission. It shall be the duty of the clerk to index all such proceedings for easy reference, to maintain a record of the proceedings in permanent record form, to file and maintain, in a secure manner, copies of franchise agreements, long-term contracts, contracts having major significance involving the city, written opinions of the city attorney for the benefit of the council, petitions, judicial decisions involving the city and other documents which may normally be considered long-term or permanent records of the city. He shall perform such other duties as properly appertain to the office or as are prescribed by the council. (Code 1964, § 2-39)
Charter reference - Appointment of city clerk, § 10.
Sec. 2-88. Duties with respect to notices, ordinances and resolutions.
(a) The city clerk shall be responsible for the posting and publishing of notices of official actions of the council and for compilation of ordinances and resolutions having long-term or permanent effect for indexing, codification and publication.
(b) The city clerk shall maintain a book in which shall be recorded all ordinances and resolutions which establish long-term policy, adopt fire, construction or other codes or regulations, grant franchises or establish municipal boundaries or duties and responsibilities of officers of the city. (Code 1964, §§ 2-39, 2-40)
Sec. 2-89. Furnishing copies of appropriations, etc., to certain officers.
The city clerk shall, within two (2) working days after each session of the council, furnish to the chief finance officer and the treasurer copies of ordinances or resolutions making appropriations or authorizing the payment of money. (Code 1964, § 2-41)
Cross references - City treasurer, § 12-18 et seq.; chief finance officer, § 12-51 et seq.
Secs. 2-90 - 2-99. Reserved.
ARTICLE VI. CITY ATTORNEY*
*Charter reference - Appointment of city attorney, § 10.
Sec. 2-100. General powers and duties.
The city attorney, unless otherwise directed by the council, shall have the management, charge and control of all law business of the city and be the legal adviser of the mayor, council, city manager and the several departments of the city government, and when required, shall furnish written or verbal opinions upon any subject involving questions of law submitted to him by them. The city attorney shall perform such other duties as are or may be required of him by ordinance or resolution of the council. (Code 1964, § 2-42)
Sec. 2-101. Duty to draft legal instruments.
It shall be the duty of the city attorney to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements and other legal instruments of whatsoever nature, which may be required of him by any ordinance or order of the council, or which, by any ordinance or order heretofore passed, may be required to be done and made by the city, or which may be required by any person contracting with the city in its corporate capacity and which, by law, usage or agreement, the city is to incur the expense of drawing. (Code 1964, § 2-42)
Sec. 2-102. Duties with respect to litigation.
It shall be the duty of the city attorney, unless otherwise directed by the council, to commence and prosecute all actions and suits to be commenced by the city before any tribunal in this state, whether in law or in equity, and to appear in defense and to advocate the rights and interests of the city, or of any officer of the city, in any suit or prosecution for any act in the discharge of his official duties wherein any estate, right, privilege, ordinance or acts of the city government may be brought in question. When the city manager shall direct a prosecution for a nuisance, the city attorney shall appear for the prosecution when the case shall come into court, and if the court shall require it, the city attorney shall appear for the prosecution in such case. (Code 1964, § 2-42)
Sec. 2-103. Travel expenses.
Whenever the attendance of the city attorney is required out of the city, his travel expenses shall be allowed him. (Code 1964, § 2-43)
Secs. 2-104-2-113. Reserved.
ARTICLE VII. HEALTH DEPARTMENT*
*State law reference - Local health departments, Code of Virginia, §§ 32.1-30-32.1-34.
Sec. 2-114. Created; appointment and qualifications of health officer.
There is hereby created a health department for the city, the head of which shall be the health officer, who shall be appointed by the city manager, subject to the approval of the council. The health officer who shall be a physician licensed to practice in the commonwealth. The health officer shall be deemed to be the local health director within the meaning of section 32.1-.30 of the (Code of Virginia. (Code 1964, § 13-2)
Sec. 2-115. Appointment and term of sanitary inspector.
The city manager shall appoint, subject to approval by the council, an inspector for the health department, who shall be known as the sanitary inspector, who shall hold office at the will of the council. (Code 1964, § 13-8)
Sec. 2-116. Enforcement of health, sanitation, etc., ordinances by health officer.
The health officer shall see that the ordinances of the city relating to health, sanitation and foodstuffs are enforced and it shall be his duty to cause the arrest of any offenders against such ordinances. For the purpose of enforcing such ordinances, the health officer shall have police powers. (Code 1964, §§ 13-3, 13-4)
Sec. 2-117. Health officer's book of complaints and forms.
The health officer shall keep a book of complaints in which shall be recorded all complaints made and any action thereon and shall provide convenient printed forms for use in connection with his duties, to be paid for out of the city's funds. (Code 1964, § 13-7)
Sec. 2-118. Inspections and remedial action by department personnel.
(a) It shall be the duty of the health officer to make, or have made by the sanitary inspector, periodic and frequent inspections of all premises, public and private, in the city and keep a record thereof. The health officer shall have power to inspect, or have inspected, and analyze, or have analyzed, all food offered for sale in the city and to condemn, seize and destroy, or have condemned, seized or destroyed, such as may be in any way injurious to health, and to cause the disinfection, where necessary, of all houses, places or rooms in which infectious or contagious diseases or conditions exist or have existed. He shall supervise the enforcement of measures for the prevention, treatment and extermination of infectious or contagious diseases, and shall have power to cause to be removed, destroyed or remedied any source of infection or unsanitary condition, at the expense of the person responsible therefor, unless the city manager shall determine that such expense shall be borne by the city.
(b) It shall be the duty of the sanitary inspector, under the direction of the health officer, to inspect from time to time all public buildings and places, churches, schools, theaters, food establishments, factories, stores, stables and other places where livestock is kept, cellars and the premises appurtenant thereto, dry and water closets, plumbing, water spigots and water connections on such premises, watersheds, reservoirs, springs, spring houses, streams, fountains and pumps and all premises which are required by state laws, city ordinances or rules and regulations of the health department to be kept in a sanitary and clean condition.
(Code 1964, §§ 13-6, 13-9)
Secs. 2-119-2-128. Reserved.
ARTICLE VIII. PLANNING COMMISSION*
*Charter references - Authority of council to provide for a planning commission,§ 11(19); planning commission generally, § 32.
Cross references - Subdivisions, Ch. 27; zoning, Ch. 31.
Sec. 2-129. Created; powers and duties.
By authority of the appropriate sections of the state law and under section 32 of the Charter, there is hereby created a planning commission for the city, with powers and duties as set forth in the appropriate sections of the state law. (Code 1964, § 18-1)
State law references - Duty to create planning commission, Code of Virginia, § 15.1427.1; powers and duties of such commission, § 15.1-439 et seq.
Sec. 2-130. Composition; appointment and qualifications of members.
The planning commission shall consist of five (5) members appointed by the city council, one of whom may be a member of the city council and one of whom may be an administrative official of the city. The remaining members shall be residents of the city, qualified by knowledge and experience to make decisions on questions of the community growth and development. At least three (3) members shall be owners of real property within the City of Staunton, Virginia. (Code 1964, § 18-2; Ord. of 9-14-89)
Charter reference - Planning commission to consist of five members appointed by council, § 32.
State law reference - Composition, etc., of planning commission, Code of Virginia, § 15.1-437.
Sec. 2-131. Terms of members.
The terms of office of the members of the planning commission, other than the member of the council and the administrative official, shall be one, two (2), three (3) and four (4) years, respectively, from the date of the first appointment under this article, and there-after for terms of four (4) years. (Code 1964, § 18-3)
State law reference - Similar provisions, Code of Virginia, § 15.1-437.
Section 2.132. Filling vacancies.
Any vacancy occurring in the membership of the planning commission shall be filled by the city council. (Code 1964, § 18-4)
Sec. 2-133. Reimbursement of members for expenses
Members of the planning commission shall be reimbursed for actual expenses incurred, as authorized by section 15.1-437 of the Code of Virginia. Code 1964, § 18-5)
Secs. 2-134-2-143. Reserved.
ARTICLE IX. INDUSTRIAL DEVELOPMENT AUTHORITY
Sec. 2-144. Created; powers.
There is hereby created a political subdivision of the Commonwealth of Virginia with such public and corporate powers as are set forth in the Industrial Development and Revenue Bond Act, constituting chapter 33 of title 15.1 (SS 15.1-1373 et seq.) of the Code of Virginia. (Ord. of 1-26-84, § 1)
Sec. 2-145. Name.
The name of the political subdivision created by section 2-144 shall be the Industrial Development Authority of the City of Staunton, Virginia. (Ord. of 1-26-84, § 2)
ARTICLE X. OFFICE OF YOUTH
Sec. 2-146. Office created; purpose.
There is hereby created an office of youth for the City of Staunton, Virginia, for the purpose of facilitating the wholesome development of the youth of the city and to supervise delinquency prevention and youth development programs. (Ord. of 4-13-88)
Sec. 2-147. Principal administrative officer.
(a) The principal administrative officer for the office of youth shall be the city manager for the City of Staunton.
(b) The principal administrative officer, in conjunction with the youth commission, shall determine the size of the staff, job descriptions and the hiring of staff for the office of youth.
(c) The principal administrative officer shall establish written policies governing the delegation of administrative authority to the director of the office of youth.
(d) The principal administrative officer shall establish written administrative policies for the office of youth and shall insure that these policies are carried out in conformity with the Code of Virginia and other applicable regulations and policies, including, but not limited to, the department of corrections, Title VII of the 1964 Civil Rights Act, state/local health and fire regulations, and Worker's Compensation. (Ord. of 4-13-88)
Sec. 2-148. Staff; duties.
(a) The office of youth shall have at least one paid professional employee known as the director, who possesses significant background and experience to achieve the goals and objectives of the office as directed by the council of the City of Staunton, or as otherwise set forth herein.
(b) The office of youth shall possess administrative capability, including clerical and other supportive services, to insure public access to the office.
(c) The office of youth shall implement the strategies to accomplish goals and objectives as established and authorized for the youth commission.
(d) The office of youth shall conduct an assessment of the needs of youth within the City of Staunton at least every five (5) years. The assessment shall include, but shall not be limited to, and analysis of the problems of youth, an inventory of current programs and resources available for prevention of delinquency, and identification of gaps of delivery of services for youth in the community.
(e) The office on youth shall develop a biennial work plan based on a six-year Comprehensive Plan, which shall set forth measurable objectives for promoting a positive youth environment and preventing delinquency. The plan shall be developed in cooperation with public and private youth serving agencies.
(f) The office of youth shall promote inter-agency collaboration through the development and/or updating of functional working agreements with and among other youth-serving agencies.
(g) The office of youth shall insure that a program of public education is conducted related to the needs of youth.
(h) Before operating a direct service program, the office of youth should document the need for such program and the need should be included in the annual comprehensive plan and demonstrated by a letter of assurance from the youth commission to the department of corrections that the service cannot be provided by existing agencies.
(i) The director of the office of youth shall be cognizant of and comply with all requirements of the Code of Virginia, including, but not limited to, the minimum standards and the rules and regulations for the Virginia Delinquency Prevention and Youth Development Act, as adopted by the State Board of Corrections, as the same may be promulgated from time to time.
(j) All staff members of the office of youth will be subject to the personnel policy manual and procedures for the City of Staunton.
(k) The office of youth shall prepare an annual budget of the youth services program which shall be approved by the youth commission prior to submission to the city manager for consideration by the city council of the City of Staunton, Virginia. Such budget shall be prepared and submitted by the date established by the city manager in each fiscal year. (Ord. of 4-13-88; Ord. of 2-8-90)
Sec. 2-149. Creation of youth commission.
(a) There is hereby created a youth commission for the City of Staunton, Virginia, to be composed of twelve (12) commission members. The commission members shall be appointed by the city council for the City of Staunton, Virginia. Three (3) of such members shall be persons eighteen (18) years of age or younger; and at least three (3) of such members shall have professional experience in human service / social service organizations. A majority of the commission shall be citizens who are not employed by government or service agencies and who are not elected government officials.
(b) The three (3) members eighteen (18) years of age or under shall be appointed for two-year terms. Other members shall be appointed for three-year terms, except that the initial appointments of such other members will be: three (3) for a one year term, three (3) for a two-year term, and three (3) for a three-year term.
(c) No member of the commission shall serve for more than two (2) consecutive terms. (Ord. of 4-13-88; Ord. Of 10/8/98)
Sec. 2-150. Authority and duties of the youth commission.
(a) The youth commission shall derive its authority from and be administered by the council for the City of Staunton acting by and through the city manager.
(b) The youth commission shall establish its own bylaws and shall elect its own officers pursuant thereto.
(c) The youth commission shall function in an advisory capacity in the establishment of goals and objectives, and in the supervision and administration of the office of youth. The commission shall assist the principal administrative officer in establishing, administering and supervising the office of youth.
(d) The youth commissioner shall determine, in conjunction with the city manager, the size of the staff, job descriptions and the hiring of staff for the office of youth.
(e) The youth commission shall review on a quarterly basis purchases made by the office of youth to insure that bids and purchases are awarded on an impartial basis.
(f) The youth commission shall review and approve the report of a youth needs assessment.
(g) The youth commission shall assist the office of youth in developing an annual comprehensive plan, and the commission shall approve such plan in writing before the plan is implemented.
(h) The youth commission shall form, coordinate and support any task forces or other committee as necessary to accomplish the goals and objectives of the program.
(i) The youth commission shall encourage any additions, deletions or changes in laws, policies and procedures that will improve community conditions for youth development.
(j) The youth commission shall support or provide a public forum where concerns about youth can be expressed.
(k) The youth commission shall make formal written recommendations to city council at least annually concerning the comprehensive plan and its implementation during the ensuing year.
(l) It shall be the responsibility of the youth commission to provide a mechanism whereby all youth and their families with need for services will be linked to appropriate services through the assurance of a forty-hour or more per week referral system in the community (exceptions to the forty-hour or more per week referral system can be made for locally approved holidays specified in the city's personnel policy manual).
(m) The youth commission shall conduct a self-evaluation process at least once a year, which shall identify the objectives of the project, any discrepancies which exist between objectives and their accomplishment and steps to be taken to rectify discrepancies which may exist. A letter shall be submitted to the Regional Juvenile Delinquency Prevention Specialist verifying that the self-evaluation has taken place.
(n) Members of the youth commission shall serve without compensation. (Ord. of 4-13-88)
Sec. 2-151. Funding.
The office of youth and the youth commission shall be funded by the City of Staunton as city council may determine in each budgetary year. Expenditures by the office of youth and/or the youth commission, however, shall be limited to the sums allotted for such purposes by the city council for the City of Staunton and such additional sums received from public or private sources subject to approval by the city council for the City of Staunton. In the event funds are not appropriated for such purposes by the city council for the City of Staunton, the city manager shall suspend the operation of the office of youth until such time as funding is provided as set forth herein. (Ord. of 4-13-88)