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�� ,) City of VirgirZia Beach
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S OF OUR NAt\(�
J. DALE BIMSON ri.\
� MUNICIPAL CENTER
CITY ATTORNEY /� ® VIRGINIA BEACH, VIRGINIA 23456-9002
6� ,PN3 p 19a°t �3 (804) 427-4531 ,
C6asowc IIS January 27 , 1984
CLI" 04 V13'3 ch 5?
Ruth Hodges Smith
City Clerk
Municipal Center
Virginia Beach, Virginia
Dear Ruth:
I note with interest the letter of Paul A. Sciortino to
you dated January 23 , 1984 ; whereby, you request an opinion
concerning an advisory referendum and the amendment of the
City Charter.
I do not question the conclusion reached by Mr. Sciortino
on this matter and am in agreement with his conclusion and
position. However, I need to point out thatsuch opinions
should be submitted to this office since it would be the
responsibility of this office , not the Commonwealth Attorney' s
office,, to petition the court for an order calling for the
election and defending the city if the matter is contested
by any party aggrieved. .
I call your attention to Section 9 . 03 of the Charter of
the City of Virginia Beach which states as follows:
Sec. 9 . 03 . Powers and duties of city attorney.
The City Attorney shall be the chief legal advisor
of the council , the city manager and of all depart-
ments, boards, commissions and agencies of the city
in all matters affecting the interests of the city.
He shall have such powers and duties as may be assigned
by the council .
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To: Ruth Hodges Smith
From: J. Dale Bimson
Date: January 27 , 1984 •
Page: Two
Therefore, in the future any matters that may need an opinion •
affecting the legal interests of the City of Virginia Beach,
I would strongly recommend that such opinion be submitted to
this office for review and consultation since by law we are
obligated to defend the city and its legal position. That
responsibility is not that of the Commonwealth' s Attorney.
If you have- any further questions on this matter, please
give me a call .
Very truly ours, •
J. Dale Bimson
JDB: jh
cc: The Honorable Mayor
Members of Council
Paul A. Sciortino, Commonwealth' s Attorney
Thomas H. Muehlenbeck, City Manager
WEALTH- of VIRGIN
G0 �iIo�� .-,, I
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1'i
f.� ad, �
ALBERT D.ALBERI
... CAROLE T.FRANTZ
PAUL A. SCIORTINOCATHLEEN M.KENT
Commonwealth's Attorney OFFICE OF THE COMMONWEALTH'S ATTORNEY KAREN L.LINDEMANN
KENNETH A,PHILLIPS
CHARLES J.STRAUSS
ROBERT J. HUMPHREYS CITY OF VIRGINIA BEACH WILSIEPHETHOMAS.TJR.
Deputy Commonwealth's Attorney MUNICIPAL CENTER THOMAS L.WATKINS
VICTORIA L WHITE
VIRGINIA BEACH,VIRGINIA 23456-9002 Assistant Cornron.earn'sA:torneys
(804)427-4401
January 23, 1984
Ruth Hodges Snith, City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
You have requested an opinion fran this office concerning the manner in
which an advisory referendum can be placed on the ballot at the next general
election on the question of amending Section 3.01 of the City Charter and.
thereby reduce the number of council members fran 11 to sane lesser number.
Please be advised that after looking into the matter, it is my opinion
that Section 3.05(f) of the City Charter would not allow city council by
resolution to place a charter change on the ballot for an advisory referendum
since that sub-section specifically restricts such action by city council to
proposed ordinances as opposed to charter amendments.
It is therefore our opinion that the only way this matter can be placed
upon the ballot muld be if Section 3.09 of the City Charter and Section 24. 1-
165 of the State Code are caTplied with. This would require that a petition
• be filed with the Clerk of the Circuit signed by qualified voters of the City
of Virginia Beach equalling at least 2596 of the number of voters who voted in
the last regular election as certified by the City Registrar and Section 24. 1-
165 of the State Code requires that the order of the Circuit Court placing
this matter on the ballot pursuant to a proper petition be entered not less
than 60 days prior to the date of the regular election.
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41 difi
JAN 25 1984
1;, _.?-r. OF LAW
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If you have any questions or if we can provide additional clarification,
please feel free to contact me.
• • Ver ruly yo rs,
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• Paul A. Sciortino .
Commonwealth's Attorney
PAS/rnh
cc: The Honorable Louis R. Jones, Mayor
J. Dale Bimson, City Attorney
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