Article II. Mayor.
Sec. 69. Powers and duties generally.
The mayor shall be the chief executive officer of the city, and
shall take care that the by-laws and ordinances of the city are fully
executed. He shall see that the duties of the various city officers,
members of the police force, and members of the fire department,
whether elected or appointed, in and for the city, are faithfully
performed.
He shall have power to investigate their acts, have access to all
books and documents in their offices, and may examine them and
their subordinates on oath. Evidence given by persons so examined
shall not be used against them in any criminal proceedings.
The mayor shall exercise a general supervision over all the city's
rights, franchises, properties and affairs, departments and offices.
The mayor shall have all other powers and duties which may
be conferred upon him by ordinances or resolutions of the city
and by the laws of the State of Virginia. (Code 1932, §§ 44, 46.)
For charter provisions as to election of mayor by council, see char.,
§ 8; for charter provisions entitling mayor to vote on all questions before
council, see char., § 10; for charter provisions relative to powers
and duties of mayor, see char., § 29.
As to signing and executing city deeds, bonds, etc., see ch. 1, § 9 of
this volume; as to the election of mayor, see § 6 of this chapter; as to
appointment of committees by mayor, see § 15 of this chapter; as to
duty of mayor as presiding officer in regard to order and procedure in
council meetings, see §§ 20-51 of this chapter; as to countersigning warrants
for payment of money out of treasury, see § 88 of this chapter;
as to countersigning warrants drawn by director of finance, see § 121
of this chapter; as to duty of mayor to cause persons delinquent in payment
of license taxes to be summoned before court, see § 156 of this
chapter; as to bond required of the mayor, see § 173 of this chapter; as
to mayor's being member and president of the sinking fund commission,
see §§ 157, 158 of this chapter; as to authority of mayor to require the
confinement, etc., of cats and dogs, see ch. 3, §§ 10, 11; as to appointment
of members of the city planning commission, see ch. 8, § 2; as to
supervision of traffic and regulatory power in respect thereto by the
mayor, see ch. 18, in particular, § 7; as to issuing permits authorizing
operation of vehicles of weight or size exceeding maximum specified,
see ch. 18, § 59; as to decreasing weight limit of vehicles upon highways,
see ch. 18, § 60; as to powers and duties in regard to parking meters
and parking meter regulations generally, see ch. 18, §§ 72-87; as
to mayor's granting permit for airplanes, etc., to descend to low altitudes
or drop advertising materials over city, see ch. 19, §§ 3, 4; as to
granting permission to conduct dance halls, etc., see ch. 19, § 14; as to
appointing special police to preserve peace on premises where merry-go-rounds,
etc., are operated, see ch. 19, § 38; as to designating and approving
location of circus exhibitions, etc., see ch. 19, § 12; as to granting
permission for distributing handbills, posters, etc., see ch. 19, § 30;
as to mayor's powers and duties in regard to conveying space in city
cemeteries, see ch. 20, § 5; as to mayor's being member of the perpetual
care cemetery committee, see ch. 20, § 10; as to police force being under
the control of the mayor, see ch. 22, § 2; as to appointment of special
police and police to fill vacancies, see ch. 22, § 4; as to mayor's appointing
railway crossing flagmen as special police, see ch. 25, § 6;
as to stopping travel upon streets for comfort of patient during serious
illness, see ch. 29, § 38.
Sec. 70. Suspension or removal of subordinate officers.
The mayor shall also have power to suspend any officer of the
city and members of the police and fire departments for proper
cause and to remove such officers for misconduct, or malfeasance,
misfeasance or non-feasance in office. No order of removal under
this section shall be made until the officer affected shall have been
given reasonable notice of the charge against him and an opportunity
to be heard in person or by counsel and to present testimony
in his defence. Such order shall specify the cause of removal, and
an appeal shall lie therefrom, of right to the corporation court of
the city. The mayor, when he has made such a suspension or removal,
shall report the facts with the reasons for his action to the
next regular meeting of the council. (Id., § 45.)
For similar provisions of the city charter, see char., § 29; as to removal
of officers by mayor and council, see § 169 of this chapter.
Sec. 71. Prohibiting certain theatrical performances.
The mayor or council may prohibit any theatrical or other performance,
show or exhibition within the city or a mile of its corporate
limits, which may be deemed injurious to morals or good
order. (Id., § 47.)
For similar provision of the city charter, see char., § 28.
Sec. 72. Removal from office.
The corporation court of the city may remove the mayor from
office for malfeasance, misfeasance or gross neglect of official duty
and such removal shall be deemed a vacation of the office. All
proceedings under this section shall be by order of or by motion
before said court, upon reasonable notice to the party to be affected
thereby, and with the right of said mayor of an appeal to the supreme
court of appeals. (Id., § 48.)
For similar provisions of the city charter, see char., § 29.
Sec. 73. Vacancies.
In the event of the death, resignation or removal of the mayor,
or his inability to discharge his duties from some other cause, his
place shall be filled and his duties shall be discharged by the vice-president
of the council until another mayor is elected and qualified,
or until such inability shall cease. A vacancy in the office of
the mayor shall be filled as provided for in section 7 of the charter.
(Id., § 49.)
For similar provisions of the city charter, see char., § 29; as to filling
vacancy in office of mayor or councilman, see § 13 of this chapter.
