VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2001 SESSION

• history | hilite | pdf | print version

016196424
SENATE BILL NO. 1203 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend and reenact § 3.03:1 of Chapter 72 of the Acts of Assembly of 1991, which provided a charter for the City of Chesapeake, relating to the filling of council vacancies. ---------- Patron-- Forbes ---------- Referred to Committee on Local Government ----------

Be it enacted by the General Assembly of Virginia:

1. That § 3.03:1 of Chapter 72 of the Acts of Assembly of 1991 is amended and reenacted as follows:

§ 3.03:1. Filling vacancies.

Whenever a vacancy occurs in the office of a council member, with the exception of vacancies created by resignation to run for the office of mayor, it shall be filled by the majority vote of the remaining members of the city council within thirty days of such vacancy. The member whose office is to become vacant may participate in the selection of an appointee to serve as an interim successor except in cases where the vacancy occurs as the result of physical or mental incapacity or removal by cause by judicial order. The appointee shall be a qualified voter of the city and shall hold office until such time that a successor has been elected and qualified to fill the vacancy. The election of a successor shall be held at the next ensuing general election, whether such election be in May or November, whichever is the first to occur; however, if the vacancy occurs within one hundred twenty days of the next ensuing general election, it shall be filled at the second ensuing general election, whether such election be in May or November. The election shall be ordered by the judges of the circuit court at least sixty days prior to the date for which it is called. No election to fill the vacancy shall be ordered if the general election at which it is to be called is scheduled in the year in which the term expires.

When the vacancy is in the office of mayor, the vice-mayor shall assume all of the duties and powers of the mayor until such time that a mayoral successor has been elected and qualified in the manner set forth above for a council member. That portion of any meeting, as defined in the Virginia Freedom of Information Act, during which there is any discussion or deliberation pertaining to an appointment of a council member shall be open to the public.