24.2-228 - Interim appointment to local governing body or elected school board; elected mayor.
§ 24.2-228. Interim appointment to local governing body or elected schoolboard; elected mayor.
A. When a vacancy occurs in a local governing body or an elected schoolboard, the remaining members of the body or board, respectively, within 45days of the office becoming vacant, may appoint a qualified voter of theelection district in which the vacancy occurred to fill the vacancy. If amajority of the remaining members of the body or board cannot agree, or donot act, the judges of the circuit court of the county or city may make theappointment. Notwithstanding any charter provisions to the contrary, theperson so appointed shall hold office only until the qualified voters fillthe vacancy by special election pursuant to § 24.2-682 and the person soelected has qualified. Any person so appointed shall hold office the same asan elected person and shall exercise all powers of the elected office.
If a majority of the seats on any governing body or elected school board arevacant, the remaining members shall not make interim appointments and thevacancies shall be filled as provided in § 24.2-227.
B. When a vacancy occurs in the office of a mayor who is elected by thevoters, the council shall make an interim appointment to fill the vacancy asprovided in subsection A.
C. For the purposes of this article and subsection D of § 22.1-57.3, localschool boards comprised of elected and appointed members shall be deemedelected school boards.
(1975, c. 515, § 24.1-76.1; 1993, c. 641; 1996, c. 873; 1999, c. 128; 2010,cc. 431, 624.)