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Jmnuar~ S5, !921
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<br /> dition that the City N~nager shall report each appointment and removal to the Council at its
<br /> next regular meeting~ The action of the City Manager under this section is an administrative
<br /> or ministerial acm, and he may remove officials without charges, notice or trial. His decision
<br /> is final, and is not subject to review by the Courts.
<br />
<br /> "2. By Section 2952 of the Code, 'the council of every city and town shall have the right
<br /> to make such investigations relating to municipal affairs as it may deem necessary.' This
<br /> gives rise to the following ~uestions, (a) does the council in conducting such an investiga-
<br /> tion. sit as a judicial body, or trial board, ~hose decisions are reviewable by theCourts., and
<br /> whose conduct is governed by the rules of court procedure? (b) are the decisions of the
<br /> Council in such investigations binding upon the City and the City Manager?
<br />
<br /> "(a) It is my opinion that, as such an investigation is discretionary with the Council
<br />and can not be demanded as a matter of right, it (the Council~ may adopt such rules of pro-
<br />cedure as it may deem wise, admit or disallow such evidence as it may deem pertinent, and di-
<br />rect the investigation along any lines that iI may desire. It will not sit as a j~di¢ial body
<br />or trial board, and its actions will not be~r~viewable by the Courts. It will simply act as
<br />~n investigating committee, and may conduct as full and free investigation as to it may seem
<br />wise. For this purpose it has the power to summon axed ~nforce attendmnce of witnesses, the
<br />~oSuotion of books and papers, and the power to administer~ oaths.
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<br /> "(b) The findings o~ decisions of this investigating body are neither binding upon the
<br />City nor upon the City M~nager. It simply furnishes a medium for the ascertainment of all
<br />the facts in a given case.
<br />
<br /> "The question before the'Council for investigation is the final disposition of the cases
<br />of the three officers who have been suspended pending further action. The question of their
<br />suspension- whether there were conditions ~o justify it or not- can not be properly considered.
<br />This is an executed act of the City Manager from which there is no appeal, and which can not
<br />even be questioned or investigated by the Council except in a trial of the City Manager Him-
<br />self. This even ~he officers have not requested, nor has the Council, expressly orby Impli-
<br />cation, determined upon any such course. Had the City Manager entered a final order of re-
<br />moval instead of one of suspension the matter would then andthere have been closed; THis,
<br />however, has not been done, and the officers are requesting a he~ing under its general right
<br />to conduct investigations. However, the final decision lies with the City M~nager, and the
<br />opinion of the Council should be in the form of a recommendation to him to the effect that
<br />after a full investigation and a hearing of all the facts they are, or are not, of the opinion
<br />that'the suspending-orders should be made permanent.
<br />
<br />"Very truly yours,
<br />
<br />"Geo. Bosman, City Attorney."
<br />
<br /> In this connection, Mr..White moved that S~oh investigation be set at the first regular
<br />meeting of the Council.after the trial of the Mapp lm~ violation oases in the Hustings Court.
<br /> The motion was adopted.
<br />
<br /> 4th. Recommended, in view of the opinion of the City Attorney attached, that the Depart-
<br />ment of Public Welfare of the City can not, without the consent of the School Board and the
<br />State Board of Health and the State Boa:d of Education, take over the medical inspection of
<br />schools, that the matter be laid on the t~ble.for, the present.
<br /> On motion, the recommendation of the Manager was concurred in.
<br />
<br />The following is the opinion of the City Attorney on the subject:
<br />
<br /> "Dr. L. J. Roper,
<br /> Hemlth Director,
<br /> City of Portsmouth, Va.
<br />
<br /> "Dear .Sir:--
<br /> In regard to the right
<br />supervise
<br />
<br />"January l~th, 1~21.
<br />
<br /> of the Health Department of the City to
<br />the medical inspection of school children.
<br />
<br />handle or
<br />
<br />"An Act of the ~eEislature approved M~rch 1~, 1~20, provides, in part, as follows:
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<br /> 'Be it enacted by the genera2 assembly of Virginia, That the board of supervisors of the
<br />several ~counties amd the councils or other governing bodies of the several cities and towns
<br />be, and they are hereby authorized to make appropriations out of the county, city or town
<br />funds, as the case may be, to provide for the health examination and physical education of
<br />school children and the employment- of school nurses, physicians and physical directors, and
<br />such appropriations shall be placed to the credit of the county, or city or town school board.
<br />Previous to employment, all said nurses, physicians, or physical directors shall be approved
<br />by the hemlth c~ommissioner of the Commonwealth and the Stmte SuPerintendent of public instruc-
<br />tion.
<br />
<br /> ~2~ That mn amount not exceeding one-half of the mnnual salary of each physical director
<br />appointed in accordance with section one of this ac~ may he paid by the State board of educa-
<br />tion to the local school trustees employing such physical direcmor, and an amount not to ex-
<br />ceed one-half of the annual salary of each nurse~or physician appointed in mccordance with
<br />section one of this act may be ~ald by the State board of hemlth to the local school ~rustees
<br />employing such nurse or physician.
<br />
<br /> '3- That after the firs~ d~y of September, nineteen hundred and twenty, all pupils, in all
<br />public elementary and high schools of the State shall receive as p~rt of the e.ducationai pro-
<br />gram such examinations, health instruction, and physical training as shal! be prescribed by the
<br />State Board of education and approved by the State board of health, in conformit~ with the
<br />provisions of this act.'
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