Virginia’s local governing bodies have a wide range of duties and responsibilities.
Blacksburg Town Council Meeting Courtesy of the Town of Blacksburg
These include:
Focusing on major community goals and projects.
Setting overall policy for the local government.
Addressing the locality’s long-term future through considerations such as land
use, capital improvement plans, and strategic planning.
Approving the budget and setting tax rates.
Adopting local ordinances.
Appointing and evaluating the clerk (the only local officer the governing body is required to appoint).
May also appoint a chief administrator, municipal attorney, internal auditor, assessor, and even the police chief.
Redistricting every ten years where the body is elected by wards or districts.
Determining the salaries of governing body members.
Electing its mayor or chair.
Filling vacancies on the governing body.
Appointing members to various boards, committees, and commissions.
Adopting a comprehensive plan and deciding land use cases.
Portsmouth City Council Courtesy of the City of Portsmouth
Elected Constitutional Officers in Virginia
Elected governing bodies share some of their governing obligations with elected constitutional officers. Most Virginia cities and counties have five officers, as provided by the state constitution:
Commissioner of the Revenue
Treasurer
Sheriff
Commonwealth’s Attorney
Clerk of the Circuit Court
Constitutional officers are elected at large for a term of four years, except for the circuit court clerk, who serves an eight-year term.
Commissioner of the Revenue: The commissioner of the revenue prepares real estate and personal property tax books and bills; assesses personal property, machinery and tools, merchants’ capital, and some business taxes; and, in some cities, assesses real estate. The commissioner serves a significant state function as the receiving point for state income tax forms.
Treasurer: The treasurer is charged with the collection, custody, and disbursement of local funds. The treasurer also collects funds for the state, reporting on these accounts to the state comptroller. A few cities and counties have either eliminated the office of the commissioner of revenue or the treasurer or have combined the two offices into a finance department.
Clerk of the Circuit Court: The duties of the clerk of the circuit court fall into two major categories, associated with:
Judicial proceedings in the circuit court: These functions include working with the judge on trial schedules, maintaining jury lists, and handling other duties related to circuit court trials.
General record keeping for the locality: These duties include recording all documents relating to land transfers, deeds of trust, mortgages, births, deaths, wills and divorces – as well as recording election results and issuing hunting, fishing, and marriage licenses.
Commonwealth’s Attorney: The Commonwealth’s attorney is primarily responsible for prosecuting violations of criminal law.
Sheriff: The sheriff, in cities, is the custodian of the jail and process server and bailiff for the courts. In cities and counties operating a regional jail, generally a jail superintendent (rather than the sheriff) is the jail custodian. In most counties, the sheriff also is the chief law enforcement officer, a duty assigned to police departments in cities and towns. Some towns have entered into a joint cost-sharing agreement with a county for law enforcement services.
Constitutional officers are legally independent of the governing body. The funding of the constitutional officers is complex. Funding levels vary according to the officer, particular positions within the offices, and duties in a particular locality. Under state statutes and administrative guidelines, the locality pays a certain percentage of operational costs of the constitutional officers because they perform local functions.
Appointed Officials in Virginia
Virginia’s local governing bodies also appoint certain administrative officials, including the chief administrative officer or executive, the clerk, and legal counsel. In some localities, they also play a role in the appointment of other officials such as the police chief, finance director, internal auditor and assessor. The Code of Virginia sets the responsibilities of these positions.
According to Title 15.2, Chapter 15, of the Code of Virginia, “The governing body of any locality may appoint a chief administrative officer, who shall be designated county, city or town administrator or manager or executive, as the case may be.” These forms of government include:
County Board Form of Government (Title 15.2, Chapter 4)
County Executive Form of Government (Title 15.2, Chapter 5)
County Manager Form of Government (Title 15.2, Chapter 6)
County Manager Plan of Government (Title 15.2, Chapter 7)
Urban County Executive Form of Government (Title 15.2, Chapter 8)
City/Town Manager
In this video Mr. Ken Chandler, city manager for Portsmouth, provides a review of the roles of elected officials, constitutional officers, and appointed officials within local Virginia government.
