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~emtembe~ llth. 1962
<br />
<br /> On motion of Mr. Dillon, nominations were closed.
<br />
<br /> Vote being taken, Mr Mingis was unanimously elected a member of the Portsmouth Recreation
<br />Commission for a two-year term.
<br />
<br />June 30th, 1963
<br />
<br />Mr. Knight nominated George Minor, Jr., 402 Truman Circle, for a one-year term expiring
<br />
<br />On motion of Mr. Barnes nominations were closed.
<br />
<br /> Vote being taken, Mr. Minor was unanimously elected a member of the Portsmouth Recreation
<br />Commission for one year.
<br />
<br /> 62-221 - Motion of Mr. Barnes to go into the election of a Cemetary Trustee to replace
<br />Mr Weiseman, former Councilman, was adopted.
<br />
<br />Mr. A~kinson nominated L. L Knight.
<br />
<br />On motion of Mr. Leary, nominations were closed.
<br />
<br />wealth of Virginia:
<br />
<br />Vote being taken Mr. Knight was unanimously elected. {Mr. Knight abstaining)
<br />
<br />62-222 - Mr. Barnes read the following Opinion from the Attorney General of the Co~aon-
<br />
<br /> 'This will acknowledge receipt of your letter of September 7, in which you request my
<br />advice asro whether or not a member of the council of the city of Portsmouth is eligible ro serve, by election
<br />of the council as a member of t~he Tidewater Airport Commission, a political .subdivision, created by Chapter 606
<br />of the Acts of the General Assembly of 1962. This Act provides that the term "Commission" as used therein,
<br />"shall mean Tidewater Airport Commission established under the provisions of Article 2, Chapter 3, Title 5 of the
<br />Code of Virginia, by joint action of the counties of SouthampLon, Norfolk, Princess Anne, Isle of Wight 'and
<br />Nansemond, and the cities of Franklin, Suffolk, Virginia Beach, South Norfolk and Portsmouth, and the town of
<br />Smithfield." The Act further states that "the exercise of the. powers and duties conferred upon the Commission by
<br />the said counties, cities and town by their respective ordinances ~ * shall be deemed and held To be for the
<br />public use and in the performance of an essential governmental function.
<br /> The powers and duties of the Commission will be such as are prescribed by the participating
<br />governmental units under the provisions of the statutes appearing in Title 5 of the Code and cited in the Act,
<br />and the further powers conferred in Section 3 of the Act.
<br /> The courts have been reluctant to de~ine the term "public office" in a manner which will
<br />mee~ every situation.
<br /> Generally, s. public officer .holds a position, to which he is required by law to be elected
<br />or appointed, who has a designation or title given him by law and, who exercises functions concerning the public,
<br />assigned to him by law. See 42 American Jurisprudence, "Public Officers" page 850~ It is not necessary that the
<br />position of trust shall have a fixed %enure nor is it necessary for @ compensation to be attached 5o the position.
<br /> In my opinion, the members of the Cgmmission h~old office within the meaning of that term
<br />as used in the following provision, of the City Charter:
<br /> "No member of the council shall be eligible, during his ~enure of office
<br /> as such member, or for one ~ear thereafter, to any office to be filled
<br /> by the council by election or by appointment." Acts of Assembly of
<br /> 1908, Chap. 157, Sec. 19.
<br /> This section of the ~City Charter alone, without regard to other provisions of law, in my
<br />opinion, would prevent a member of the council of the city of Portsmouth from serving as a member of the
<br />Tidewater Airport Commission under an election as such by the Council of w'hich he is a member.
<br /> Signed: Robert Y. Button, Attorney General.
<br />
<br />Mr. Barnes presented his resignatiQn as a member of the Tidewater Airpor~ Commission.
<br />
<br />On motion of Mr. Leafy, the resignation was accepted with regrets.
<br />
<br /> Motion of Mr. Knight that the question of the election of a successor to Mr. Barnes be
<br />referred to a conference of the~Council, was adopted, without dissenting vo~e
<br />
<br />62-223 - The Chair presented the matter of ihe Sister-City program.
<br />
<br />was adopted.
<br />
<br />Motion of Mr. Barnes to go into the election of a Chairman for the Sister-City program,
<br />
<br />Mr. Barnes nominated Benjamin A. Haddon.
<br />
<br />Motion of Mr. Leary to close nominations was adopted.
<br />
<br />Vote being taken, Mr. Haddon was unanimously elected Chairman of the Sister-City program.
<br />
<br />Mr. Haddon thanked the Council for the privilege of serving in this capacity.
<br />
<br />On motion adjourned.
<br />
<br />City Clerk
<br />
<br />Approved -
<br />
<br /> President
<br />
<br />
<br />
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