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shall be appointed and may be removed by the City Eanager, who shall repor~ each appointment
<br /> or removal to the Council at th~ next meeting thereof following such appointment or removal."
<br /> (Section 2945, Code of 191~).
<br /> Sections 2942, 2953, 295~ and 29~5 of the Code superceded section 3 of the
<br /> Charter of 1908, and all other provisions of the City Charter in conflict therewith.
<br /> Under these Code sections, all legislative powers of theCity were vested in
<br /> the City Council, and all administrative and executive powers were vested Lu the City Manager.
<br /> Chapter 94 of the Acts of 1936 amended Sections 2, 3: h, l0 and 12 of the Char-
<br /> ter of 1908, and added a new section to be known as Chapter XII. Section 3 provides as fol -
<br /> lows:
<br /> ~lSection 3, Administration and government The administration and government of the
<br /> said City shall be vested in one principal officer, styled the mayor, a council, including the
<br /> mayor, consisting of nine members; and in such other boards and officers as hereinafter pro =
<br /> vided for."
<br /> Section $ provides for the election of the City Council s~d the Clerk of the
<br /> Court.
<br /> Section 5 provides for the election of the Eayor and provides ~that he shall
<br /> act. as'president of the Council, with all the powers of a councilman, but without the power of
<br /> veto.~
<br /> Section I0 provide~ for filling a vacancy in the office of ~layor, and Section
<br /> 12 provides for the qualification of the Couhcilmen.
<br /> ~hapter )iii relates to a civil service commission applicable to policemen and
<br /> firemen.
<br /> No mention is made of the City Nanager in Section E, 3, ~, 10 and 12Gl the
<br /> amendment known as Chapter 94, and it appears that Section 3 has. probably di~ested him of
<br /> some of_his~powers when it states that "the administration and government of the ~ity shall
<br /> be vested" etc. The word "administration~ has been defined as follows:
<br /> ~- '"In public law. The adm~uistration of government means the practica! manage~
<br />~men~ and direction of the executive department, o~ of the public machinery or functions, or
<br /> of th~ ~operations of the various org~us of the sovereign. The term "adminlstration~ is also
<br /> conventionally applied tO the whole class of public, functionaries, or those in charge of the
<br />_~management of the executive departmen~a.
<br /> (Black's Law Dictionary - Page 31).
<br /> On the Qther hand, there is no section of ~he amendment specifically abolish~
<br /> ing the office of City NanaEer and in reading Chapter XII mention is made of the City Eanager.
<br /> on several occasions. It t~erefore appears it was not the in~ention of the State Legislature
<br /> ~o abolish the office of City Manager. In my opinion, the office of City Dianagsr is contin-
<br /> ued, but that his actions are subject to the administrative control of the City Council.
<br /> I believe that the City Manager has the power of appointment, and. removal of
<br /> all officers and employees except those in the financial, legal and Judicial department and
<br /> the attendants upon the CityCouncil, and except that policemen and firemen mus~ be selected
<br /> under the provisions of Chapter XII of the amending act~
<br /> However, I believe it is advisable for the City Council to pass an ordinance
<br /> giving to the Oity Manager She administrative functions of the City, and that any actions
<br /> hereafter reported by him to have been done should be confirmed instead of simply filed. The
<br /> Council can delegate its administrative, but not its discretionary, powers. It is impossible
<br /> to. anticipate e~ery question which will arise, and as the questions arise, they will have to
<br /> be passed on, and prov~sions made concerning the same at the time.
<br /> At the request of one of the members of the City Council, I am preparing an
<br /> ordinance, as suggested."
<br />
<br /> In connection herewi~, and on motion of Mr. Pox, the following ordinance,
<br />presented by Zhe City Attorney, was placed on ids first reading:
<br />
<br />"AN ORDINANCE P~LATIN~ TO THE OFFICE OF CITY MANAGER.~D HIS
<br /> POWERS AND DUTIES,.
<br />
<br />The following ordinance, laid on table at lastmeeting~ was ~aken up and read:
<br />
<br />,A~ ORDINANCE TO AMEND AND RE-ORDAiN SECTION 1 OF THE RULES FOR
<br />THE GOVERNkENT OF THE COUNCIL OF THE CITY OF PORTSMOUTH, VA.,
<br />Adopted September 13th, 192~."
<br />
<br />On motion of Mr. Fox, the ordinance was
<br />
<br /> Ayes: L~igh, Fox, Grimes, Howard,
<br /> Welseman, Wilson - 9
<br /> Nays: None.
<br />
<br />adopted, and by the following vote:
<br />Hutohins, Lawrence, Warren,
<br />
<br />Report of ~he City Collector for August, was received and ordered filed.
<br />
<br />Report of the Accounting Department for the month of August, was received and
<br />
<br />ordered filed.
<br />
<br />NEW BUSI~ESS
<br />
<br />The following le~er was read:
<br />
<br /> "I shall appreciate it if you will read the following announcement at the next
<br />meeting of your Oounoil, so that early arra~_gements can be made for as many of your offtelals
<br />as possible to attend the League Convention and the other group meetings held in connection
<br />therewith.
<br /> Conventions this year will be held in Winchester as follows:
<br />
<br />
<br />
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