2006 Code of Virginia § 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, withinforty-five days of the office becoming vacant, shall appoint a qualifiedvoter of the election district in which the vacancy occurred to fill thevacancy. If a majority of the remaining members cannot agree, or do not act,the judges of the circuit court of the county or city shall make theappointment. The person so appointed in a county or city, or a town with apopulation greater than 3,500, shall hold office until the qualified votersfill the vacancy by special election pursuant to 24.2-226 and the person soelected has qualified. The person so appointed in a town with a population of3,500 or less shall serve for the remainder of the term and no specialelection shall be held.

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.)