§ 4.02. Vesting in council of powers of city; council to be policy-determining body; powers of council generally.  


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  • All powers of the consolidated city as a body politic and corporate shall be vested in the council except as otherwise provided in this Charter. The council shall be the policy-determining body of the city and shall be vested with all the rights and powers conferred on councils of cities of the first class, not inconsistent with this Charter. In addition to the foregoing, the council shall have the following powers:

    A.

    Official inquiries and investigations. To have full power to inquire into the official conduct of any office or officer under its control, and to investigate the accounts, receipts, disbursements and expenses of any city employee; for these purposes it may subpoena witnesses, administer oaths and require the production of books, papers and other evidence; subpoenas issued by the council shall be enforced by the circuit court of the city in the manner provided by general law.

    B.

    Performance of governmental functions; creation, etc., of city departments, etc. To provide for the performance of all governmental functions of the city; and to that end, provide for and set up all departments and agencies of government that shall be necessary. Whenever it is not designated by law or by ordinance what officer or employee of the city shall exercise any power or perform any duty conferred upon or required of the city, or any officer thereof, then any such power shall be exercised or duty performed by that officer or employee of the city so designated by the city manager. Any activity which is not assigned by the provisions of this Charter to specific departments or agencies of the city government shall be assigned by the council to the appropriate department or agency. The council may further create, abolish, reassign, transfer or combine any city functions, activities or departments.

    C.

    Auditing of accounts. After the close of each fiscal year, the council shall cause to be made an independent audit of the accounts, books, records and financial transactions of the city by the Auditor of Public Accounts of the Commonwealth of Virginia, or by a firm of independent certified public accountants to be selected by council. The report of such audit shall be filed within such time as the council shall specify and one copy thereof shall be always available for public inspection in the office of the clerk to the council during regular business hours. Either the council or the city manager may at any time order an examination or audit of the accounts of any officer or department of the city government. Upon the death, resignation, removal or expiration of the term of any officer of the city, the director of finance shall cause an audit and investigation of the accounts of such officer to be made and shall report the results thereof to the city manager and the council. In case of death, resignation or removal of the city auditor, the council shall cause an audit to be made of his accounts. If as a result of any such audit, an officer be found indebted to the city, the council shall proceed forthwith to collect such indebtedness.

    D.

    Schedule of compensation of city officers and employees. The council shall fix a schedule of compensation for all city officers and employees which shall provide uniform compensation for like service. The council may by ordinance define certain classes of city officers and employees whose salaries shall be set by the city manager, except that this provision shall not apply to the constitutional officers, the heads of city departments and judges.

    E.

    Surety bonds of officers and employees. To prescribe the amount and condition of surety bonds to be required of such officers and employees of the city as the council may prescribe.