Chapter 2 - ADMINISTRATION#

Footnotes:#

(1) ---

Cross reference— Animal warden generally, § 6-2; board of building code appeals, § 11-30 et seq.; elections, Ch. 13; housing board of adjustments and appeals, § 19-31 et seq.; transportation safety board, § 22-21 et seq.; damaging city Hall or other public buildings, § 25-34; recreation and parks commission, § 26-12 et seq.; dock commission and harbor master, § 29-3 et seq.

Sec. 2-1. - Corporate seal.#

(a) The seal of the City is a round plate, about one and five-eighths (1⅝) inches in diameter, with a raised edge. About one quarter (¼) inch from this edge is a raised circle. Between the edge and the circle is inscribed, "City of Hopewell-Commonwealth of Virginia." In the center of the circle is a raised emblem of the Good Ship Hopewell. Above the emblem is inscribed, "Incorporated July 1, 1916," and below the emblem is inscribed the Latin phrase "Semper Paratus" (Always Ready).

(b) No other design or seal will be used for the City, and no paper issued with municipal authority, that requires the seal of the City, shall be valid unless the seal described in subsection (a) of this section is affixed to such paper.

(c) It is unlawful for any person to use the City seal or any departmental seal, or the design thereof; or any imitation, reproduction, or replication thereof; except for the usual and customary official purposes, including decoration and display by the City. It is unlawful to print, impress, or stamp on the City seal any word, legend, or device other than those described in this subsection. However, the City Manager is authorized to grant permission for the use of the design as the City Manager considers proper, except for advertising purposes, which is prohibited.

(d) Any person who violates subsection (c) is subject to a fine of twenty-five dollars ($25.00) per offense. Each item on which the seal appears in violation of subsection (c) is a separate offense.

(Code 1963, § 1-6; Ord. No. 99-13, 7-13-99; Ord. No. 2026-0224-01, 2-25-26)

Charter reference— Authority of city to have corporate seal, Ch. I, § 1.

Sec. 2-2. - Fiscal year.#

The fiscal year of the city shall begin on the first day of July of each year and shall end on the thirtieth day of the following June.

(Code 1963, § 2-1)

State Law reference— Uniform fiscal year for cities, Code of Virginia, § 15.2-2500.

Sec. 2-3. - Terms of members of appointed boards, commissions, etc.; limitation on service.#

(a) The terms of all members of all boards, commissions and authorities, for which no other date of appointment is otherwise provided by state law, shall begin on November 1 and end on October 31 of the appropriate year.

(b) Unless otherwise limited by state and federal law, there shall be no limit to the number of terms or years of service of any citizen appointed by city council to any permanent commission, board or authority.

(Ord. No. 79-8, 4-10-79; Ord. No. 80-4, 3-11-80; Ord. No. 80-8, 5-27-80; Ord. No. 92-6, 4-14-92; Ord. No. 96-7, 4-23-96)

Sec. 2-4. - Residency requirements for certain city officers and department heads.#

(a) The following city officers appointed by the city council must become residents of the city no later than six (6) months after appointment:

(1) City manager;

(2) City attorney;

(3) City clerk.

(b) The assistant city manager and department heads residing within 30 miles of the city limits of the City of Hopewell at the time of initial employment are exempted from the residency requirement. If the assistant city manager or a department head relocates his or her primary residence while employed by the City of Hopewell, such assistant city manager or department head shall be subject to the residency requirement.

(c) The city council may waive any provision or requirement of this section. City council may grant such waiver by ordinance, resolution, or motion.

(Ord. of 10-24-78; Ord. No. 89-24, 10-24-89; Ord. No. 92-11, 5-12-92; Ord. No. 97-11, 7-8-97; Ord. No. 2001-24, 12-11-2001; Ord. No. 2013-06, 6-4-13; Ord. of 12-10-19)

Sec. 2-5. - Exercise of authority by duly authorized representative of city manager or department head.#

Whenever authority is vested under the provisions of this Code or other ordinance of the city in the city manager or any department head, such authority may be exercised by the representative of the city manager or of the department head in question duly authorized for such purpose.

(Code 1963, § 1-8)

Sec. 2-6. - Signing and execution of drafts, checks, etc.#

The director of finance is authorized, empowered and directed to execute such drafts, checks, notes and other similar instruments, from time to time, as may be required to be signed on behalf of the city, along with the city treasurer or his duly authorized deputy. The city manager, and in his absence the acting city manager is authorized, empowered and directed to execute such drafts, checks, notes and other similar instruments, from time to time, as may be required to be signed on behalf of the city in the place and stead of the director of finance.

(Code 1963, § 2-2.1; Ord. of 9-12-78)

Sec. 2-7. - Sale or donation of unclaimed personal property.#

(a) The city manager, or his duly authorized representative, is hereby authorized, to sell all unclaimed personal property, other than motor vehicles and firearms and other weapons, at public auction to the highest bidder after such unclaimed property has been held for not less than sixty (60) days by the city, during which time the owners of such property may claim the same. The property to be sold, and the procedure to be utilized shall be in accordance with Code of Virginia, § 15.2-1719, and any subsequent amendments thereto. The proceeds from the sale of such property shall be held for an additional sixty (60) days. Should the owners of such personal property be able to establish their ownership of the property sold, the proceeds from such sale shall be paid to the owners of such personal property so sold. If at the end of such sixty (60) days no claim has been made upon the funds, then the same shall be paid over and delivered to the general fund of the city.

(b) In addition to the authority contained in subsection (a) of this section, the city manager, or his duly authorized representative, is hereby authorized to donate, to charitable organizations serving the city, bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds that have been in possession of the city, unclaimed, for more than thirty (30) days.

(Code 1963, § 2-2.2; Ord. No. 2002-20, 1-14-03)

Sec. 2-8. - City attorney authorized to acquire real property.#

The city attorney is authorized to acquire, by purchase, gift or condemnation, any property in fee simple, or any lesser interest or estate therein, for any project approved by the city council, within the funding allocated for such project.

(Ord. No. 79-12, 4-24-79)

State Law reference— Authority for above section, Code of Virginia, § 15.2-5807. See also, § 15.2-1108.

Sec. 2-9. - Extra copy of plat prerequisite to acceptance for recordation of deed, etc., with plat attached.#

The clerk of the circuit court of the city shall not accept for recordation any deed, certificate of dedication or any other instrument to which a plat is attached for recordation, unless an extra copy of such plat is furnished to such clerk. Such clerk shall deliver such plat to the commissioner of the revenue of the city.

(Code 1963, § 2-2)

Sec. 2-10. - Law library established; court cost assessment; library committee.#

(a) Library established. Under the provisions of Code of Virginia (1950), § 42.1-70, as amended, there is hereby established a law library in room 261 of the Courts Facility Building, 100 East Broadway, which law library shall be open for the use of the public.

(b) Assessment of court costs. To provide for the acquisition of law books and law periodicals, and to provide for the maintenance of such library, beginning July 1, 2009, there is hereby assessed a sum of four dollars ($4.00) as part of the costs incident to each civil action filed in the district court and the circuit court of the City of Hopewell. The assessment provided for herein shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the Commonwealth of Virginia or any political subdivision thereof or the federal government is a party and in which the costs are assessed against the commonwealth, political subdivision thereof, or federal government. The assessment shall be collected by the clerk of the court in which the action is filed, and remitted to the treasurer of the city, to be held by such treasurer subject to disbursements by the law library committee, hereinafter created.

(c) Law library committee. A committee to be called the law library committee is hereby created to be composed of the city attorney, the commonwealth's attorney, the circuit court clerk, and a judge of the circuit court, to oversee the operation of the library and to report to city council annually.

An attested copy of this section shall be sent to the clerks of the Hopewell District and Circuit Courts by the clerk of the city.

(Ord. No. 83-20, 12-13-83; Ord. No. 92-22, 6-23-92; Ord. No. 95-33, 9-26-95; Ord. No. 95-38, 11-15-95; Ord. No. 2009-07, 6-9-09; Ord. No. 2018-0410, 4-10-18; Ord. No. 2018-327, 6-12-18)

Editor's note— Ord. No. 83-20, adopted Dec. 13, 1983, did not specify manner of codification; hence, inclusion herein as § 2-10 has been at the discretion of the editor.

Sec. 2-11. - Court costs—Courthouse security fee.#

Pursuant to Code of Virginia, § 53.1-120(D), there shall be assessed against convicted defendants in all criminal and traffic cases in the city's district and circuit courts a fee of twenty dollars ($20.00), which shall be added as costs, collected by the clerks of the respective courts, remitted to the treasurer, and held by the treasurer subject to appropriation by the city council to the sheriff's office for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security.

(Ord. No. 2002-08, 6-25-02; Ord. No. 2004-17, 8-10-04; Ord. No. 2007-04, 6-12-07; Ord. of 6-23-20; Ord. No. 2020-0623, 6-23-20)

Sec. 2-12. - Riverside Regional Jail—Processing fee.#

That there [will] be imposed a processing fee of twenty-five dollars ($25.00) on each individual admitted to the Riverside Regional Jail from the city following conviction of that individual. Said fee shall be ordered as part of the court costs collected by the clerk of each court in the city, deposited into the account of the city treasurer, and shall be appropriated to and used by the sheriff's office to defray the costs of processing arrested persons into the Riverside Regional Jail.

The fee authorized by this section shall be imposed in all courts of this city for convictions occurring on and after July 1, 2002 wherein defendants are sentenced to incarceration and are processed into the Riverside Regional Jail by the Hopewell Sheriff's Office. The clerk of city council is directed to send at attested copy of this section to the clerk of each court in the city and to the sheriff of the city.

(Ord. No. 2002-09, 6-25-02)

Sec. 2-13. - Assessment for courthouse construction, renovation, or maintenance as part of fees incident to criminal or traffic cases.#

Pursuant to the provisions of Code of Virginia, § 17.1-281 and subject to the conditions and limitations thereof, there is hereby imposed an assessment, as part of the fees taxed as costs against each defendant in each criminal and traffic case in the General District and Circuit Courts of the City of Hopewell, the sum of two dollars ($2.00). The assessment provided for herein shall be in addition to any other fees prescribed by law.

This assessment shall be collected by the clerk of the court in which the action is filed, and remitted to the city treasurer and held by the treasurer subject to disbursements by the city council for construction, renovation, or maintenance of any city courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity, and ordinary maintenance of such facilities.

An attested copy of this section shall be sent to the clerks of the Hopewell District and Circuit Courts by the clerk of the city.

(Ord. No. 2010-14, 5-11-10)

Sec. 2-14. - Coordinator of emergency management for the city.#

In compliance with the Commonwealth of Virginia Emergency Services and Disaster Law, the director of emergency management for the city shall be the city manager. The director shall in turn be authorized to appoint at his discretion, a coordinator of emergency management for the city. The director and coordinator of emergency management for the city shall have such power as specified in Code of Virginia, § 44-146.19 (Powers and Duties of Political Subdivisions).

(Ord. No. 2014-19, 3-18-15)

Sec. 2-15. - Assessment for electronic summons system.#

Pursuant to Code of Virginia, § 17.1-279.1, there is hereby imposed an assessment of five dollars ($5.00) as part of the costs in each criminal and traffic case in the district and circuit courts of the City of Hopewell in which the defendant is charged with violation of any statute or ordinance. The assessment shall be in addition to any other sum and shall be collected by the clerk of the court in which the case is filed, remitted to the city treasurer, and held by the treasurer subject to disbursements by the city council to local law-enforcement agencies solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system.

(Ord. No. 2017-0808-1, 8-8-17)

Editor's note— Former § 2-14 was renumbered to § 2-15 by direction of the city.

ARTICLE II. - CITY COUNCIL#

Footnotes:#

(2) ---

Charter reference— City council generally, Ch. IV; election and terms of councilmen, Ch. III.

Article II. - City Council#

Sec. 2-25. - Election and terms of members.#

Beginning with the elections held May 5, 1992, the elections and terms of the councilors in each of the seven (7) wards of the city shall be as follows:

(1) The qualified voters of the city who are residents of Wards 4 and 5 shall elect one (1) councilman per ward to represent their respective wards for a four-year term, with subsequent elections to be held every four (4) years thereafter;

(2) Beginning with the election held May 3, 1994, the qualified voters of the city who are residents of Wards 1, 2, 3 and 7 shall elect one (1) councilman per ward to represent their respective wards for a four-year term, with subsequent elections to be held every four (4) years thereafter;

(3) Beginning with the election held May 3, 1994, the qualified voters of the city who are residents of Ward 6 shall elect a councilman to represent their ward for a two-year term to expire on June 30, 1996. Beginning with the election held May 7, 1996, said voters of Ward 6 shall elect a councilman to represent their ward for a four-year term, with subsequent elections to be held every four (4) years.

Beginning with the elections held May 7, 1996, and continuing thereafter, all councilmen elected shall serve four-year terms.

(Ord. No. 92-23, 6-23-92; Ord. No. 2010-21, 9-14-2010; Ord. No. 2013-07, 5-14-13)

Charter reference— Election, terms, etc., for councilmen, Char., Ch. III, § 1 et seq.

Cross reference— Elections generally, Ch. 13.

Sec. 2-26. - Inaugural meetings; regular meetings.#

On the first Tuesday in January next following the regular municipal election, or as soon thereafter as may be practicable, the council shall meet at the usual place for the holding of its meetings for the purpose of organizing for the ensuing term. Thereafter, the council shall meet on the second Tuesdays of each and every month; provided, however, that the council may from time to time continue, adjourn or suspend any of such monthly meetings, but shall in no case hold less than one regular meeting per month.

(Code 1963, § 2-3; Ord. No. 2010-21, 9-14-2010; Ord. No. 2013-07, 5-14-13)

Charter reference— Council required to meet at least once each month, Ch. IV, § 6.

Cross reference— Disrupting meeting of city council, § 25-17.

Sec. 2-27. - Special meetings.#

The mayor, any member of the council or the city manager may call special meetings of the council at any time, by giving at least twelve (12) hours' notice to each member, served personally or left at his usual place of business or residence; provided, however, that a special meeting may be held at any time without notice, if all members of the council attend. The notice of the special meeting shall contain a statement of the specific items of business to be transacted and no other business shall be transacted at such meeting, except by the unanimous consent of all the members of the council. The mayor, any member of the council or the city manager, in calling such special meeting, shall notify the city clerk, who shall send out the written notices to the members of the council and shall record a copy of such notice in the minutes of such special meeting.

(Code 1963, § 2-4; Ord. No. 2013-07, 5-14-13)

Charter reference— Call of special council meetings, Ch. IV, § 6.

Sec. 2-28. - Repeal of ordinance not to affect liabilities.#

No new ordinance passed by the council shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done or penalty, forfeiture or punishment incurred, or as to any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act committed or done, penalty, forfeiture or punishment incurred, right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform, so far as practicable, to the ordinance in force at the time of such proceedings.

(Code 1963, § 2-5; Ord. No. 2013-07, 5-14-13)

Sec. 2-29. - Repeal not to revive former ordinance.#

Whenever any ordinance, which has repealed another, shall itself be repealed, the previous ordinance shall not be revived without express words to that effect.

(Code 1963, § 2-6; Ord. No. 2013-07, 5-14-13)

Sec. 2-30. - Payment of expense of publication of certain ordinances and resolutions.#

Whenever any ordinance or resolution granting any right or privilege to any person shall be published in a newspaper, as provided by law the expense of such publication shall be borne entirely by such person, who shall be deemed to have assumed such expense by the acceptance of the provision of such ordinance or resolution. Any officer or other person who violates the provisions of this section shall pay to the city the cost of advertising or publishing such notice.

(Code 1963, § 2-7; Ord. No. 2013-07, 5-14-13)

Sec. 2-46. - Reserved.#

Editor's note— Ord. No. 2007-06, adopted June 26, 2007, repealed § 2-46, which pertained to position classification and pay plans. See also the Code Comparative Table.

Sec. 2-47. - Pension plan.#

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance listing and certifying employees of the city as included in the pension plan of the city, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Sec. 2-48. - Grievance procedure.#

The city manager shall publish and administer a grievance procedure for the city in accordance with Code of Virginia, § 15.2-1506 et seq., as approved by the city attorney, and he shall distribute copies of such grievance procedure to all city employees.

(Ord. No. 79-4, 2-13-79; Ord. No. 2007-06, 6-26-2007)

State Law reference— Duty of city council to establish grievance procedure, Code of Virginia, § 15.2-1506.

Secs. 2-49, 2-50. - Reserved.#

Editor's note— Ord. No. 2007-06, adopted June 26, 2007, repealed §§ 2-49, 2-50, which pertained to hours city offices open; working hours for firemen and police; off-duty employment of police officers and part-time employees. See also the Code Comparative Table.

Sec. 2-51. - Holidays.#

The city shall observe the paid holiday schedule adopted by the state for its employees, currently codified in Code of Virginia, § 2.2-3300.

Whenever any of such days falls on a Saturday, the Friday next preceding such day, or whenever any of such days falls on Sunday, the Monday next following such day, and any day so appointed by the Governor of the Commonwealth or the President of the United States, shall be a paid legal holiday for city employees.

(Code 1963, § 2-8; Mo. of 5-7-86; Ord. No. 2007-06, 6-26-2007)

Secs. 2-52—2-60. - Reserved.#

Editor's note— Ord. No. 2007-06, adopted June 26, 2007, repealed §§ 2-52—2-59, which pertained to vacations, sick leave, permission for time off generally, time off in event of death in immediate family, time off for jury duty, time off for voting, military leave, and leave of absence for personal emergency or study related to job. See also the Code Comparative Table.

Sec. 2-61. - Criminal background check required as a condition of service to the city.#

(a) In accordance with Code of Virginia, § 19.2-389, the Hopewell City Council hereby finds that, in the interest of public welfare or safety, it is necessary to determine if the past criminal conduct of a person with a conviction record, who desires to serve the city, would be compatible with the nature of the service to the city under consideration.

(b) In order to carry out this policy, the city shall require a criminal background history review of all persons selected for employment with the city, all current employees of the city selected for promotion or transfer to another position within the city, and the city may require a criminal background history review of persons volunteering service to and on behalf of the city, as a condition of each person's initial or continued service to the city. The criminal history review shall be conducted in accordance with the applicable provisions of federal, state and local law, including but not limited to Code of Virginia, §§ 19.2-389, 15.2-1503.1 and 15.2-1505.1.

(c) The criminal history review for all persons selected by the city for employment, promotion, or transfer shall be conducted as follows:

(1) Such persons shall submit to fingerprinting by the city's police department and shall provide personal descriptive information to the city's police department, which together shall be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such persons.

(2) The central criminal records exchange, upon receipt of such person's record or notification that no record exists, shall make a report to the city's human resources department, the city manager, and/or the city manager's designee.

(3) Based upon the results of the criminal background check, the human resources department, city manager and/or city manager's designee shall render a fitness for employment determination. In rendering such a determination, the human resources department, city manager and/or city manager's designee shall consider the following criteria:

a. The nature and seriousness of the crime;

b. The relationship of the crime to the work to be performed in the position applied for;

c. The extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved;

d. The relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought;

e. The extent and nature of the person's past criminal activity;

f. The age of the person at the time of the commission of the crime;

g. The amount of time that has elapsed since the person's last involvement in the commission of a crime;

h. The conduct and work activity of the person prior to and following the criminal activity; and

i. Evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

(4) If a person is denied employment, promotion, or transfer because of information appearing in his or her criminal history record, the city shall notify the person that information obtained from the central criminal records exchange contributed to such denial.

(d) The criminal history review for all persons volunteering to provide service to and on behalf of the city shall not require fingerprinting and shall be conducted pursuant to procedures established by the city manager.

(e) The city shall use, maintain, disseminate, and destroy criminal history review information as required by applicable federal, state and local law.

(f) The city's grievance policy shall apply to actions taken regarding covered employees pursuant to this section.

(g) The city manager is authorized to promulgate forms and procedures for the purposes of implementing and administering this policy.

(Ord. No. 93-30, 11-9-93; Ord. No. 2014-20, 11-18-14)

Sec. 2-62. - Human resources personnel system.#

Notwithstanding any other provision of law to the contrary, city council hereby adopts the "Human Resources Policies and Procedures Manual" dated July 1, 2007, as the Hopewell Human Resources Personnel System, including the Palmer and Cay Classification and Compensation Study, adopted effective July 1, 2003, and all amendments thereto, for city employees.

The classification and pay plan, included in the manual, may be updated from time to time based on a revised classification and pay plan recommended by the city manager and approved by city council.

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-63. - Chief personnel officer.#

The city manager is hereby designated the chief personnel officer for the City of Hopewell, and shall be responsible for the administration of the "human resources personnel system."

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-64. - Permanent full-time employment.#

The city manager shall first receive approval from city council authorizing a permanent full-time job position before any person is hired as a permanent full-time city employee.

Permanent full-time employment is defined to last more than six (6) months, working thirty-seven and one-half (37.5) hours or more per week (two thousand eighty (2,080) hours per year).

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-65. - Permanent part-time employment.#

The city manager shall be authorized to approve any permanent part-time job position and seek budget funding for permanent part-time positions so authorized.

Permanent part-time employment is defined to last more than six (6) months, working over four hundred eighty (480) hours per year, but less than thirty-seven and one-half (37.5) hours per week (two thousand eighty (2,080) hours per year).

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-66. - Temporary or seasonal employment.#

The city manager shall be authorized to approve temporary or seasonal job positions, as necessary, to deliver city services.

Temporary or seasonal employment is defined to last less than six (6) months, working less than four hundred eighty (480) hours per year.

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-67. - Pay rates and fringe benefits.#

Rates of pay shall be administrated as determined in the classification and pay plan then in effect.

Fringe benefits shall be defined as benefits provided the employee, either paid for by the city, or city and employee shared costs. Items to be considered benefits, but not a finite list are: FICA tax contributions, Virginia Retirement System contributions, worker's compensation premiums, unemployment tax premiums, health insurance premiums, short-term and long-term disability premiums and employee assistance program premiums.

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-68. - Paid leave time.#

Permanent full-time and permanent part-time employees shall be eligible for paid time off (PTO) as defined in the "human resources personnel system."

(Ord. No. 2007-06, 6-26-2007)

Sec. 2-69. - Protection of legitimate political activity of employees; restrictions.#

(a) Definitions.

For the purposes of this section:

Political campaign means activities engaged in for the purposes of promoting a political issue, for influencing the outcome of an election for local or state or federal office, or for influencing the outcome of a referendum or a special election.

Political candidate means any person who has made known his or her intention to seek, or campaign for, local or state or federal office in a general, primary, or state election.

Political party means any party organization or group having as its purpose the promotion of political candidates or political campaigns.

Political activities includes, but is not limited to, voting, registering to vote; soliciting votes or endorsements on behalf of a political candidate or political campaign; expressing opinions, privately or publicly, on political subjects and candidates; displaying a political picture, sign, sticker, badge, or button; participating in the activities of, or contributing financially to, a political party, candidate, or campaign or an organization that supports a political candidate or campaign; attending or participating in a political convention, caucus, rally, or other political gathering; initiating, circulating or signing a political petition; engaging in fund-raising activities for any political party, candidate or campaign; acting as a recorder, watcher, challenger, or similar officer at the polls on behalf of a political party, candidate or campaign; or becoming a political candidate.

Employee means any person in the competitive or exempt service of the City, including, but not limited to, appointees, compensated committee members, departmental workers, full time and part-time and or seasonal employees, firefighters, emergency medical technicians, police officers, and deputies, appointees, and employees of the Commonwealth's Attorney, the Clerk of the Circuit Court, the Treasurer, the Commissioner of Revenue and the Sheriff.

(b) Employees.

(1) a. All employees, appointees or committee members shall be protected against any unwarranted infringement of their rights as American citizens to vote as they choose, to express their opinions, and to join any legitimate political organization whose purposes are not inconsistent with their loyalty to the United States.

b. It is the intent of this section to grant employees the full latitude to participate in political activities provided by state statute, subject to all of the restrictions placed on such participation by state law, including, but not limited to, Virginia Codes; 15.2-1512.2, in a manner that is consistent with the proper and efficient performance of their duties as employees.

(2) To this end, all employees, appointees or committee members may participate in political activities while they are off duty, out of uniform, and not on city-owned premises or leased premises of the city.

(3) a. Employees, appointees and committee members may attend or participate in a candidate forum or debate sponsored by a non-partisan organization held on city premises. Non-partisan organizations shall necessarily exclude city council.

b. Employees, appointees or committee members who are not on duty and not in uniform may engage in political activities on city-owned or leased premises shall be subject to the same terms and conditions that apply to members of the general public.

(4) a. Any employee, appointee or committee member may be a candidate for political office but shall resign, or shall be released, from employment with the city upon successful election to political office within the city, or other political office due to the responsibilities of that office will interfere with the employee's ability to perform the duties of his/her city position.

b. Any member of the governing body who seeks employment with the city shall resign from their elected office and may be eligible for such employment one (1) year from their date of resignation in order to avoid the appearance of impropriety and any potential conflicts of interest.

c. Any Constitutional Officer who seeks employment with the city shall resign from their elected office and may become eligible for such employment one year from the date of their resignation in order to avoid the appearance of impropriety and any potential conflicts of interest.

(5) No employees, appointees or committee member in the service of the city or of a constitutional officer shall reward or discriminate against any applicant for a position as an employee or any employee because of his or her political affiliations or political activities as permitted by this section, except as such affiliation or activity may be established by law as disqualification for employment by the city or by the constitutional officer.

(6) a. No employee, appointee or committee member in the employ of the city shall initiate, maintain or resume a secondary contract with the city for professional services, technical services or goods either personally or through a company in which he/she maintains a majority ownership interest.

b. This section shall include the immediate family and household members of the employee, appointee or committee member.

(c) (a) The city manager is hereby authorized and directed to acquaint employees with the provisions of this Article protecting them against intimidation, coercion and discrimination on account of such legitimate political activities.

(b) The city manager is also hereby authorized to promulgate such procedural directives as he or she deems appropriate to administer the provisions of this section.

(d) City council, the city manager, and the Human Resources Director shall give no consideration to any endorsements or recommendations from any national, state or local political party or officer thereof in making appointments, promotions or dismissals or in any other personnel action.

(e) Employees, appointees and committee members are prohibited from using their official authority to coerce or attempt to coerce a subordinate employee to pay, lend, or contribute anything of value to a political party, candidate, or campaign, or to discriminate against any employee or applicant for employment because of that person's political affiliations or political activities, except as such affiliation or activity may be established by law as disqualification for employment.

(f) Employees, appointees and committee members are prohibited from discriminating in the provision of public services, including, but not limited to firefighting, emergency medical, or law enforcement services, or responding to requests for such services on the basis of the political affiliations or political activities of the person or organization for which such services are provided or requested.

(g) (a) Employees, appointees and committee members are prohibited from suggesting or implying that any county, city, or town has officially endorsed a political party, candidate, or campaign.

(b) If any employee, appointee or committee member violates a provision of this section, the individual(s) shall be subject to disciplinary action, up to and including dismissal.

(h) Nothing in this section shall be construed as relieving an employee from complying with the provisions of any applicable federal law, including, but not limited to, the Hatch Act, 5 U.S.C. §§ 1501, et seq.

(Ord. No. 0424, 4-9-2024)

Secs. 2-70—2-75. - Reserved.#

Editor's note— Ord. No. 87-13, adopted June 9, 1987, rescinded §§ 2-62 and 2-63, which pertained to rights to vacation pay for resigning and discharged employees. Such provisions were derived from the 1963 Code, §§ 2-20 and 2-21. Subsequently, Ord. No. 2007-06, adopted June 26, 2007 added provisions designated as §§ 2-62—2-68. For current provisions concerning similar subject matter see § 2-52 of this Code.

ARTICLE IV. - REAL ESTATE ASSESSMENT OFFICE#

Footnotes: --- (3) --- Charter reference— Authority to create office, etc., Ch. IX A, § 1.

Sec. 2-76. - Created.#

A real estate assessment office is hereby established as part of the governing of the city.

(Ord. No. 85-24, 4-22-86)

Sec. 2-77. - Assessor; appointment, certification, qualifications, and compensation.#

The city manager shall appoint a person for an indefinite term to assess real estate for taxation, hereinafter referred to as an assessor, may prescribe the duties of such assessor, and require that he give his entire time to the duties of his office, may fix his compensation, which shall be payable out of the local treasury, and may provide for such technical and clerical assistance as may be necessary or advisable and for the payment of any other expenses that may be properly incident thereto. The assessor shall be certified by the state tax commission, and shall have the qualifications prescribed by the department of taxation for the particular position held. All duties now imposed upon the commissioner of the revenue with respect to the assessment of real estate shall be transferred to and imposed upon the assessor.

(Ord. No. 85-24, 4-22-86)

Sec. 2-78. - Duties.#

The duties of the assessor shall include the following:

(1) To operate the real estate assessment office under the general supervision of the city manager.

(2) To be responsible for the determination of fair market value of all locally assessable real estate taxable and tax exempt; excluding real estate assessable under law by the state corporation commission or state department of taxation; supervise the appraisal of real property for assessment purposes and maintenance of all accompanying records; to correct errors in tax assessments by abatement or additional assessment, if necessary, to add to the assessment rolls any real properties erroneously omitted, and to remove properties from tax rolls when acquired by owners not subject to taxation. To be responsible for public relations between the taxpayers and the assessment department. To be responsible for compliance with general laws of state governing property assessments.

(3) To maintain appraisal records on a uniform and comparable basis with comprehensive descriptive matter for each separate parcel of taxable real estate in the city.

(4) To prepare and maintain appraisal records indices, tax assessment maps, plat book indices, and other devices to provide for ready and convenient use of records and data in the department of real estate assessments, or from other departments possessing information pertinent to assessment of real properties.

(5) To accumulate and maintain current records of changes in real estate values and ownership, including such information as may be available from clerk of the circuit court, building permits, zoning records, documents dealing with real estate transactions, and other sources. The owner of real estate on January the first shall be assessed for the taxes for the year beginning on that day and taxes shall be extended for the year on the basis of the last assessment made prior to such year subject to such changes as may have been lawfully made. The assessor shall prepare the land book in electronic format, or any other format as determined by the assessor in accordance with general law, retain the original copy, prepare sufficient copies to comply with the statutes relating to land books, and no change or alteration in or addition to any entry appearing thereon shall be made unless authorized by law. There shall also be furnished to the state department of taxation such information, respecting such assessments as it may require. The assessor shall certify on the land book an oath that all real estate subject to taxation by the city and all tax exempt property has been assessed by him at fair market value and that there are no errors on the face of the land book.

(6) To support and justify all assessments and changes in assessments before the board of equalization of real estate assessments.

(7) To attend all hearings of the board of equalization of real estate assessments and to act as clerk for, or administrative assistant to, the board, and to furnish such board with information and data pertaining to assessments of real property in the city.

(8) To cooperate with other departments and officials of the city in the furnishing and use of information and the keeping of records.

(9) To cooperate with the department of taxation of the state and to make full use of its available facilities, and to make use of other public facilities and aids, in the reexamination and improvement of assessment and mapping procedures and practices in the city.

(10) To employ technical and clerical assistance necessary and advisable, and provide employees with opportunity for training to improve their capabilities for service and employment in the department under the general supervision of the assessor.

(Ord. No. 85-24, 4-22-86; Ord. No. 2014-11, 7-8-14)

Sec. 2-79. - Clerk of circuit court to furnish lists of real estate transfers to assessor.#

The clerk of the circuit court for the city shall furnish to the assessor of real estate the lists of real estate transfers required by law to be furnished the commissioner of revenue.

(Ord. No. 85-24, 4-22-86)

Sec. 2-91. - Establishment of board of equalization.#

As authorized by Code of Virginia, § 58.1-3370, the City of Hopewell Board of Equalization of Real Estate Assessments ("board of equalization") is established. The board of equalization shall not be a permanent board. each reassessment year the board of equalization shall be appointed by the circuit court of the city. In each year following a general reassessment or biennial assessment conducted in the city, the circuit court shall not need to make appointments to such board of equalization.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3370.

Article II. - Board of Equalization#

Sec. 2-92. - Organization.#

The board of equalization shall consist of three (3) members and one (1) alternate member appointed by the circuit court of the city. Each member shall be a resident of the city, a majority of whom shall be freeholders in the city. In order to be eligible for appointment, a prospective member of such board shall attend and participate in the basic course of instruction by the department of taxation under Code of Virginia, § 58.1-206. Any vacancy occurring on the board of equalization shall be filled for the unexpired term by the circuit court. The board shall elect a chairman and secretary from among its members, as required by Code of Virginia, § 58.1-3376.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, §§ 58.1-3370, 58.1-3374, and 58.1-3376.

Sec. 2-93. - Sitting; notices thereof.#

(a) The board of equalization shall sit beginning April 1, or the first day thereafter which is not a Saturday, a Sunday or legal holiday, of each assessment year for the purpose of hearing the application of property owners for correction of their assessments. No such hearings shall be held earlier than thirty (30) days after the date the real estate assessor has completed her or his hearings.

(b) The board of equalization shall provide at least ten (10) days' prior notice of the place and time of its sittings, the purpose of which shall be to hear the complaints of property owners alleging a lack of uniformity in assessment, errors in acreage, or that the real estate property is assessed at more than fair market value.

(c) All property owners wishing to be heard must file an application for hearing on or before March 31 of the year of such reassessment or within thirty (30) days of the termination of hearings by the real estate assessor, whichever is later. Forms for such application shall be available at the office of the real estate assessor and no property owner who fails to meet the filing deadline shall be heard. If no application for relief has been received by such date, the board of equalization shall be deemed to have discharged its duties.

(d) The board of equalization shall conduct hearings at such times as are reasonably convenient for applicants within the discretion of the board, and shall conclude its work on or before June 30 of such year.

(e) In any appeal of the assessment of residential property filed by a taxpayer as an owner of real property containing less than four residential units: (i) to the board of equalization pursuant to Code of Virginia, § 58.1-3379, or (ii) to the circuit court pursuant to Code of Virginia, § 58.1-3984, the assessing officer shall send the taxpayer a written notice provided for in Code of Virginia, § 58.1-3331. Such notice shall be on the first page of such notice and be in bold type no smaller than fourteen (14) points and mailed to, or posted at, the last known address of the taxpayer as shown on the current real estate tax assessment books or current real estate tax assessment records. Notice under this subsection shall satisfy the notice requirements of this section. In an appeal before the board of equalization, such written notice may be contained in the written notice of the hearing date before the board. For all applicable assessments on or after January 1, 2012, such written notice shall: (a) be given at least forty-five (45) days prior to the hearing of the taxpayer's appeal; (b) include a statement informing the taxpayer of his rights under this section to review and obtain copies of all of the assessment records pertaining to the assessing officer's determination of fair market value of such real property; and (c) advise the taxpayer of his right to request that the assessor make a physical examination of the subject property.

(f) If, within at least five (5) days prior to any action by a court under Code of Virginia, § 58.1-3984 or by the board of equalization under Code of Virginia, § 58.1-3379, the assessing officer fails to disclose or make available for inspection any information required to be disclosed or made available for inspection and copying under this section, then the assessing official and the applicable local government shall not be allowed to introduce such information or use it in any other manner in any such appeal.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3378.

Sec. 2-94. - Hearings.#

(a) The board of equalizations shall hear and give consideration to the complaints of property owners alleging a lack of uniformity in assessment, errors in acreage, or that the real estate property is assess at more than fair market value.

(b) In all cases brought before the board there shall be a presumption that the valuation determined by the real estate assessor is correct, and the burden of proof shall be upon a taxpayer seeking relief to show that the property in question is valued at more than its fair market value, that the assessment is not uniform in its application, or that the assessment is otherwise not equalized.

(c) The board shall hear and determine all applications, and may, by order, (i) increase, (ii) decrease, or (iii) affirm the assessment of which complaint was made. The board may upon its own motion, by order, increase or decrease any assessment.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3379.

Sec. 2-95. - Appeal.#

The city or any taxpayer, aggrieved by order of the board of equalization increasing, decreasing or affirming any assessment may petition the circuit court of the city for the correction or revision of such order.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3382.

Sec. 2-96. - Records.#

The board of equalization shall keep written minutes of all meetings, and all working papers and evidence presented shall be properly indexed and filed in the office of the real estate assessor. All such documents and working papers shall remain in the property of the city.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3384.

Sec. 2-97. - Hearings by the real estate assessor.#

(a) Whenever there is a reassessment of real estate the real estate assessor shall give notice by mail to each property owner whose assessment has been changed.

(b) Such notice shall be sent to the address of the property owner as shown on such land books at least fifteen (15) days prior to the date of set by the real estate assessor to hear objections to the change in assessment.

(c) Any person other than the owner who received such reassessment notice shall be under a duty by law to transmit the notice to such owner, at the owner's last known address, immediately upon receipt thereof, or be liable to such owner in an action of law for liquidated damages, as provided by Code of Virginia, § 58.1-3330, as amended.

(d) Any property owner in the city, or a duly appointed representative of such person, shall have the right to appeal any real estate assessment to the real estate assessor during the fifteen (15) days from the mailing date of a change of assessment notice, as provided in Code of Virginia, § 58.1-3330. All assessor's appeals shall be submitted on forms supplied by the real estate assessor's office and hearing will be scheduled during the fifteen (15) days following the deadline to appeal to the real estate assessor. Any appeal not timely filed shall not be considered for an assessor's review but the taxpayer shall have the right to appeal to the board of equalization.

(e) Any property owner or lessee may object to the assessment determined by the real estate assessor may apply to the board of equalization for a review and hearing of the correctness of the assessment provided such application to the board is filed no later than thirty (30) days following the last date on which the real estate assessor hears objection to the assessments.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, § 58.1-3330.

Sec. 2-98. - Appraisal records.#

After notice of reassessment is mailed, and except as required to maintained as confidential pursuant to Code of Virginia, § 58.1-3, all property appraisal cards or sheets, and working papers used by the real estate assessor in arriving at the appraised or assessed value of any property shall be available for inspection by the owner of the property or the owner's duly authorized representative during normal business hours. Said records shall at all times remain the property of the city.

(Ord. No. 2021-01, 1-12-21)

State Law reference— Code of Virginia, §§ 58.1-3331 and 58.1-3332.

Article III. - Department of Finance#

Sec. 2-101. - Created.#

The city manager may, with the consent of city council, appoint a director of finance to oversee the department of finance, and whose qualifications shall be such and who shall perform those duties set out in this article.

(Ord. No. 2025-0422, 4-22-25)

Sec. 2-102. - Duties.#

The director of finance shall:

(1) Have charge of the financial affairs of the city, except with respect to the school board, including such powers and duties as may be assigned by the city manager, that are not inconsistent with the Constitution of Virginia and general laws of the Commonwealth.

(2) Appoint and remove officers and employees of the department.

(3) Adopt rules and regulations as necessary, and consistent with the charter and the ordinances of the city for the conduct of its business.

(4) Provide oversight of the finances of the city and aid in maintaining the city's good fiscal standing by:

a. Maintaining a general system for the city government and each of its departments, boards, commissions, offices, and agencies in conformity with the best practices in governmental accounting and by encumbering each item of appropriation and the allotments thereof with the amount of each purchase order, payroll or contact.

b. Auditing before payment for legality and correctness all accounts, claims, and demands against the city.

c. Consulting with and advising the treasurer regarding the establishment and maintenance of the financial institution accounts of the city, cash management, and the investments of city funds.

d. Consulting the treasurer on the management of cash and investments of public funds of the city, including without limitation investments in the Virginia Local Government Investment Pool ("LGIP") administered by the Cash Management and Investments Division of the Virginia Department of the Treasury or any successor thereto.

e. Safekeeping all bonds and notes of the city, and the receipt and delivery of city bonds and notes for transfer, registration and exchange.

f. Ensuring that no money shall be drawn from any bank account of the city except by warrant or check signed by the treasurer and director of finance and upon the treasurer's receipt of a corresponding voucher.

g. Managing and accessing all accounting and auditing of funds activity involving reviewing the deposit to and disbursement of all city accounts. This includes the reconciliation of bank, investment, credit card, merchant, revenue, and expenditure accounts related to the city's ledger.

h. Administering the Emergency Medical Services ("EMS") billing services but excluding collections.

(Ord. No. 2025-0422, 4-22-25)