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1994 SESSION

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CHAPTER 87 An Act to amend and reenact § 15.1-538 of the Code of Virginia, relating to special meetings of boards of supervisors. [H 480] Approved March 11, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-538 of the Code of Virginia is amended and reenacted as follows:

§ 15.1-538. Same; how called; exception for emergency meeting.

A. A special meeting of the board of supervisors shall be held when requested by two or more of the members thereof. Such request shall be in writing, addressed to the clerk of the board, and shall specify the time and place of meeting and the matters to be considered at the meeting. Upon receipt of such request, the clerk shall immediately notify each member of the board and the attorney for the Commonwealth or the county attorney, if one be employed, in writing, to attend upon such meeting at the time and place mentioned in the request. Such notice shall specify the matters to be considered at the meeting. The clerk shall send a copy of such notice to each member of the board and the attorney for the Commonwealth or the county attorney, if one be employed, by certified mail not less than five days before the day of the special meeting. The clerk may have such notice served on the members of the board and the attorney for the Commonwealth or the county attorney, if one be employed, by the sheriff of the county, if he deems the same necessary to secure their attendance. No matter not specified in the notice shall be considered at such meeting, unless all the members of the board are present. The sheriff shall be allowed fifty cents for the service of each such notice, payable out of the county levy. The five days' notice may be waived if each member of the board of supervisors and the attorney for the Commonwealth or the county attorney, if one be employed, attends the special meeting and signs a waiver.

B. Notwithstanding the provisions of subsection A, emergency meetings of the board of supervisors may be held with fewer than five days' notice to declare or to confirm the declaration of a local emergency, as defined in § 44-146.16 (6), pursuant to § 44-146.21, when requested by the chairman or two or more of the members thereof. In the case of any emergency meeting to consider action on such a local emergency, a reasonable effort must be made to provide each member of the board of supervisors with notice of the emergency meeting, and no matter not related to the local emergency shall be considered at such emergency meeting.