15.2-1502 - Employment of certain deputies and assistants; delegation of powers and duties.

§ 15.2-1502. Employment of certain deputies and assistants; delegation ofpowers and duties.

A. Local government officers may employ, when duly authorized by thegoverning body, deputies and assistants to aid them in carrying out theirpowers and duties. The provisions of this section and § 15.2-1503 shall notbe applicable to the constitutional offices of treasurer, commissioner of therevenue, sheriff, attorney for the Commonwealth and clerk of the circuitcourt.

B. "Deputy" means a person who is appointed to act as a substitute for hisprincipal, in the name of the principal and in his behalf, in matters inwhich the principal himself may act; such person shall be a public officer.Members of governing bodies may not have or appoint deputies for themselves.

C. "Assistant" means a person who is not a public officer or deputy but whoaids or helps a public officer.

D. Subject to the limitations and requirements of the preceding subsections,an officer of a locality may delegate, to a person reporting to him, hispowers and duties unless it is some power or duty the exercise of which byanother person is expressly forbidden by law or requires the exercise ofjudgment for the public welfare. However, such delegation shall not act torelieve the officer making such delegation of his legal obligations for theexercise of powers and performance of duties of his office.

Persons employed by virtue of this subsection shall be designated eitherdeputy or assistant and shall take such oath and post such bond as may berequired by ordinance.

(1978, c. 264, §§ 15.1-19.4, 15.1-19.5; 1997, c. 587.)