No preview available
HomeMy WebLinkAbout01271984 - -a�4G1u'BEAc,�, f-4c G' 15 (t .: r?_�� Wit-` . r. �� ,) City of VirgirZia Beach •ter-' ,:, =3 y2 _•'• �CeV-_ _ '• _ 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 . I • • 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 k ,‘ 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. • s a tt 41 difi JAN 25 1984 1;, _.?-r. OF LAW • • • • If you have any questions or if we can provide additional clarification, please feel free to contact me. • • Ver ruly yo rs, • • Paul A. Sciortino . Commonwealth's Attorney PAS/rnh cc: The Honorable Louis R. Jones, Mayor J. Dale Bimson, City Attorney • • • • • •