15.2-1420 - How questions determined; tie breaker.
§ 15.2-1420. How questions determined; tie breaker.
All questions submitted to the governing body for decision shall bedetermined by a majority of the members voting on any such question unlessanother method of determination is required by the Constitution of Virginiaor general law.
In counties which have designated a tie breaker pursuant to § 15.2-1421, inany case in which there is a tie vote of the board upon any question when allthe members are not present, the question shall be passed by till the nextmeeting when it shall again be voted upon even though all members are notpresent; in any case in which there is a tie vote on any question aftercomplying with the herein above procedure, the clerk shall record the voteand immediately notify the tie breaker elected by the voters as provided in §15.2-1421, to give the casting vote in case of a tie, if that is practicable,and request his presence at the present meeting of the board; but if that isnot practicable then the board may adjourn to a day fixed in the minutes ofthe board, or in case of a failure to agree on a day, to a day fixed by theclerk and entered by him on the minutes. At the present meeting or on the daynamed in the minutes the tie breaker shall attend. He shall be entitled to befully advised as to the matter upon which he is to vote, and if not preparedto cast his vote at the time he may require the clerk to enter an orderadjourning the meeting to some future day to be named in the minutes not toexceed thirty days and from time to time he shall have continuances entereduntil he is ready to vote, not to exceed thirty days. When he casts his votethe clerk shall record his vote and the tie shall be broken, and the questionshall be decided as he casts his vote. If a meeting for any reason is notheld on the day named in the minutes, the clerk shall enter on the minutebook a day within ten days as a substitute day and duly notify all themembers, and this shall continue until a meeting is held. After a tie hasoccurred, the tie breaker shall be considered a member of the board for thepurpose of counting a quorum for the sole purpose of breaking the tie. Finalvotes on any ordinance or resolution shall be in accordance with theprocedure provided for in Article VII, Sections 7 and 9 of the Constitutionof Virginia.
(Code 1950, § 15-245; 1962, c. 623, § 15.1-540; 1972, cc. 734, 790; 1974, c.550; 1980, c. 172; 1994, c. 550; 1997, c. 587; 2007, c. 833.)