Virginia Code 15.2-3542: Governing body to be elected and take office before effective date of consolidation in certain cases; powers.
A. Notwithstanding the provisions of § 15.2-3541 or any other statutory provision, in any consolidation which results in the formation of a consolidated county with a tier-city therein, the consolidation agreement may provide as follows:
Terms Used In Virginia Code 15.2-3542
- Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
- Council: means the governing body of a city or town. See Virginia Code 15.2-102
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
1. The special election provided in § 15.2-3541 may apply solely to election of members of boards of supervisors and members of tier-city councils, with all other elected officers being elected at the general election next preceding the effective date of consolidation.
2. Members of the governing bodies elected at such special elections may assume office immediately upon qualification, and no later than thirty days following the date upon which the special election was held, as provided in § 24.2-201, and shall hold office prior to the effective date of consolidation, only for such of the following limited purposes as may be provided by the consolidation agreement:
a. Organization of itself and election of one of its members as chairman of the board of supervisors or as mayor, as the case may be.
b. Preparation and approval of budgets applicable to the respective newly formed governmental entities, for the fiscal year or partial fiscal year beginning with the effective date of consolidation.
c. Adoption of ordinances required or permitted by the consolidation agreement, to be effective upon the date of consolidation.
d. Hiring by the newly elected tier-city council of a tier-city manager, tier-city attorney and clerk of council.
e. Hiring by the newly elected board of supervisors of its chief administrative officer, county attorney, and clerk of board.
f. Negotiation, preparation and approval of leases, servicing agreements, and other documents required by the consolidation agreement, or otherwise deemed advisable.
B. Prior to the effective date of consolidation, provision shall be made for funding the activities described in subdivision 2 of subsection A.
C. Upon the effective date of consolidation, all elected officers who have taken the oath of office shall assume full powers, duties, rights and responsibilities of their respective offices.
D. Any member of a governing body of a consolidating locality may be elected to public office, for which he or she is otherwise qualified, in a governing body of a new governmental entity formed by consolidation. For the limited time period and limited purposes specified in subdivision 2 of subsection A, such officers may hold both offices at the same time.
1984, c. 695, § 15.1-1141.1; 1997, c. 587.