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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.1-535 and 15.1-540 of the Code of Virginia are amended and reenacted as follows:
§ 15.1-535. Tie breakers.
The governing body of each county may designate a tie breaker, whose duty it
shall be to cast the deciding vote in case of tie, as set forth in §
15.1-540. The designation of the tie breaker shall be, in the discretion of
the governing body, by: (1) election by the voters of the county from the
county at large; (2) appointment by the circuit court, or judge thereof in
vacation, which shall be by order entered in the common-law order book;
or (3) (2) appointment by the governing body at its
organizational meeting. In the event the governing body fails to decide on
the method of designating a tie breaker or whether to have a tie breaker, a
tie breaker shall be designated by the court as set forth above. Every
tie breaker so appointed shall serve for a period of four years from the date
of his appointment or election and every tie breaker so elected shall serve
the same term as a member of the governing body. No person shall be appointed
or elected or serve as tie breaker who is not a resident of the county; who
is not qualified to hold office as supervisor or who is an employee or
officer of the county. Tie breakers heretofore appointed or elected shall
continue in office until the expiration of the respective terms. First
appointments or elections pursuant to the provisions of this section, as
amended, shall be made to fill vacancies existing on or occurring subsequent
to July 1, 1974. Every appointment made pursuant to the provision of this
section to fill a vacancy, whether occasioned by the expiration of a term or
otherwise, shall be for a period of four years and in the case of election in
the same manner as vacancies in the governing body.
§ 15.1-540. How questions determined.
All questions submitted to the board for decision shall be determined by a
majority of the supervisors voting on any such question either by voice vote
or by roll call or by any other method of voting which shall identify the
matter to be voted upon, and shall record the individual votes of the
members; but in any case in which there shall be a tie vote of the board upon
any question when all the members are not present, the question shall be
passed by till the next meeting when it shall again be voted upon even though
all members are not present; in any case in which there shall be a tie vote
on any question after complying with the hereinabove herein
above procedure, the clerk shall record the vote, and immediately notify
the tie breaker, appointed by the court or elected by the voters or
appointed by the governing body as provided in § 15.1-535, to give the
casting vote in case of a tie, if that be practicable, and request his
presence at the present meeting of the board; but if that be not practicable
then the board may adjourn to a day fixed in the minutes of the board, or in
case of a failure to agree on a day, to a day fixed by the clerk and entered
by him on the minutes. At the present meeting or on the day named in the
minutes the tie breaker shall attend. He shall be entitled to be fully
advised as to the matter upon which he is to vote, and if not prepared to
cast his vote at the time he may require the clerk to enter an order
adjourning the meeting to some future day to be named in the minutes not to
exceed thirty days and from time to time he shall have continuances entered
until he is ready to vote, not to exceed thirty days. When he casts his vote
the clerk shall record his vote and the tie shall be broken, and the question
shall be decided as he casts his vote. If a meeting for any reason shall not
be held on the day named in the minutes the clerk shall enter on the minute
book a day within ten days as a substitute day and duly notify all the
members, and this shall continue until a meeting is held. After a tie has
occurred, the tie breaker shall be considered a member of the board for the
purpose of counting a quorum for the sole purpose of breaking the tie.
If the board has not provided for the appointment or election of a tie breaker, as authorized by § 15.1-535, any tie vote shall defeat the motion, resolution or issue voted upon.