{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1636.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1636.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1636.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1636.9.html"}],"law_id":71003,"edition_id":1,"section_id":71003,"structure_id":13294,"section_number":"15.2-1636.9","catch_line":"Appeal from decision of Board","history":"Code 1950, \u00a7 14-65; 1964, c. 386, \u00a7 14.1-52; 1971, Ex. Sess., c. 156; 1972, c. 390; 1974, c. 465; 1976, c. 673; 1977, c. 80; 1980, c. 588; 1983, c. 382; 1991, c. 617; 1992, c. 342; 1993, cc. 554, 563; 1995, c. 733; 1998, c. 872.","full_text":"A\n\nAny officer whose budget is affected by a decision of the Board under this article made for the fiscal year pursuant to and at the time designated by §§ 15.2-1636.7 and 15.2-1636.8 and no other, or any county or city affected thereby, or the Attorney General as representative of the Commonwealth, shall have the right to appeal from any such decision of the Board, within forty-five days from the date of such decision. Such appeal shall lie to the circuit court of the county or city wherein the officer making the appeal resides. The court shall be presided over by three judges of circuit courts remote from that to which the appeal is taken. The three judges shall be chosen by the Chief Justice of the Supreme Court from a panel of fifteen active or retired judges selected to hear such matters by the Supreme Court. Such judges shall remain on the panel for a period of time determined by the Chief Justice of the Supreme Court. No judge may be appointed to hear an appeal involving a jurisdiction in his current or former circuit. Notice of such appeal shall be given within the time above specified by any such officer to the Compensation Board, the county or city affected and the Attorney General. The officer appealing shall, in the appeal, state with specificity what action of the Compensation Board the officer is contesting, the additional services provided to the locality not required by law, and the cost of providing such service. The Compensation Board shall notify the Chief Justice forthwith when all administrative remedies have been exhausted by the appellant and the three-judge court shall be designated upon receipt of the notice by the Chief Justice. The appeal shall be heard within forty-five days from the date such notice is filed by the Board with the Chief Justice. At least fifteen days’ notice of the time and place set for the hearing shall be given the officer noting such appeal, the county or city affected, the Compensation Board and the Attorney General. On such appeal all questions involved in said decision shall be heard de novo by the court and its decision on all questions shall be certified by the clerk thereof to the officer affected, to the locality and to the chairman of the Compensation Board.\n\t\t\tIn making its decision, the court shall give consideration to the amount of funds budgeted and expended by the local government for the constitutional officer which exceeds the amount reimbursed by the Compensation Board, the extent to which the officer provides additional services to the locality not required by law and to what extent, if any, the local government should participate in providing the additional funding requested by the constitutional officer. The court shall also give consideration both to the officer’s ability to perform his statutory duties without additional funding and the ability of the Compensation Board and local government to provide additional funding for the officer’s functions. The court shall also consider maximum staffing and funding levels set in the general appropriation act and any other statutory provisions which would otherwise prohibit the Compensation Board from granting the officer’s request. The burden of proving the necessity of additional funding shall be borne by the officer. After due consideration of Compensation Board and local government statutory authority and the constitutional officer’s demonstrated need for additional funding, the court shall determine the extent to which the Compensation Board and local government shall share in the additional funding. Should the court determine that additional funding is necessary for the officer to perform his duties, and that it is the responsibility of the Compensation Board to provide all or part of the additional funds, and that the Compensation Board does not have the ability to provide such additional funding, the Compensation Board shall request the necessary additional funding from the General Assembly at its next occurring regular session.\n\t\t\tShould the court determine that additional funding is necessary for the officer to perform his duties and that it is the responsibility of the local government to provide all or part of the additional funds, and that the local government does not have the ability to provide such additional funding, the chief administrative officer of the local government shall include such request in the budget submission to the local governing body.\n\t\t\tFrom the decision of the court there shall be no right of further appeal. The decision of the court shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7 and the amounts fixed by the Compensation Board for such fiscal year; however, when the appeal is filed by a county or city such decision shall be within the difference between the prior salaries, expenses and other allowances of such officer and the amounts fixed by the Compensation Board for such fiscal year. In the event an appeal is filed by both the officer affected and the county or city affected, such decision shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7 and the prior salaries, expenses and other allowances of such officer.\n\t\t\tIn pursuing the provisions of this section, constitutional officers may use funds designated by the Compensation Board or appropriated by their local governing body to employ independent counsel, provided that funds have been specifically appropriated for such purpose.B\n\nNotwithstanding the provisions of subsection A, no appeal of any decision of the Board shall lie to the circuit court from the date of enactment of this subsection until July 1, 1993, at which time the circuit court may consider appeals for all fiscal years affected by this moratorium and for subsequent fiscal years.","order_by":null,"text":{"0":{"id":256023,"text":"Any officer whose budget is affected by a decision of the Board under this article made for the fiscal year pursuant to and at the time designated by §§ 15.2-1636.7 and 15.2-1636.8 and no other, or any county or city affected thereby, or the Attorney General as representative of the Commonwealth, shall have the right to appeal from any such decision of the Board, within forty-five days from the date of such decision. Such appeal shall lie to the circuit court of the county or city wherein the officer making the appeal resides. The court shall be presided over by three judges of circuit courts remote from that to which the appeal is taken. The three judges shall be chosen by the Chief Justice of the Supreme Court from a panel of fifteen active or retired judges selected to hear such matters by the Supreme Court. Such judges shall remain on the panel for a period of time determined by the Chief Justice of the Supreme Court. No judge may be appointed to hear an appeal involving a jurisdiction in his current or former circuit. Notice of such appeal shall be given within the time above specified by any such officer to the Compensation Board, the county or city affected and the Attorney General. The officer appealing shall, in the appeal, state with specificity what action of the Compensation Board the officer is contesting, the additional services provided to the locality not required by law, and the cost of providing such service. The Compensation Board shall notify the Chief Justice forthwith when all administrative remedies have been exhausted by the appellant and the three-judge court shall be designated upon receipt of the notice by the Chief Justice. The appeal shall be heard within forty-five days from the date such notice is filed by the Board with the Chief Justice. At least fifteen days’ notice of the time and place set for the hearing shall be given the officer noting such appeal, the county or city affected, the Compensation Board and the Attorney General. On such appeal all questions involved in said decision shall be heard de novo by the court and its decision on all questions shall be certified by the clerk thereof to the officer affected, to the locality and to the chairman of the Compensation Board.\n\t\t\tIn making its decision, the court shall give consideration to the amount of funds budgeted and expended by the local government for the constitutional officer which exceeds the amount reimbursed by the Compensation Board, the extent to which the officer provides additional services to the locality not required by law and to what extent, if any, the local government should participate in providing the additional funding requested by the constitutional officer. The court shall also give consideration both to the officer’s ability to perform his statutory duties without additional funding and the ability of the Compensation Board and local government to provide additional funding for the officer’s functions. The court shall also consider maximum staffing and funding levels set in the general appropriation act and any other statutory provisions which would otherwise prohibit the Compensation Board from granting the officer’s request. The burden of proving the necessity of additional funding shall be borne by the officer. After due consideration of Compensation Board and local government statutory authority and the constitutional officer’s demonstrated need for additional funding, the court shall determine the extent to which the Compensation Board and local government shall share in the additional funding. Should the court determine that additional funding is necessary for the officer to perform his duties, and that it is the responsibility of the Compensation Board to provide all or part of the additional funds, and that the Compensation Board does not have the ability to provide such additional funding, the Compensation Board shall request the necessary additional funding from the General Assembly at its next occurring regular session.\n\t\t\tShould the court determine that additional funding is necessary for the officer to perform his duties and that it is the responsibility of the local government to provide all or part of the additional funds, and that the local government does not have the ability to provide such additional funding, the chief administrative officer of the local government shall include such request in the budget submission to the local governing body.\n\t\t\tFrom the decision of the court there shall be no right of further appeal. The decision of the court shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7 and the amounts fixed by the Compensation Board for such fiscal year; however, when the appeal is filed by a county or city such decision shall be within the difference between the prior salaries, expenses and other allowances of such officer and the amounts fixed by the Compensation Board for such fiscal year. In the event an appeal is filed by both the officer affected and the county or city affected, such decision shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7 and the prior salaries, expenses and other allowances of such officer.\n\t\t\tIn pursuing the provisions of this section, constitutional officers may use funds designated by the Compensation Board or appropriated by their local governing body to employ independent counsel, provided that funds have been specifically appropriated for such purpose.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256024,"text":"Notwithstanding the provisions of subsection A, no appeal of any decision of the Board shall lie to the circuit court from the date of enactment of this subsection until July 1, 1993, at which time the circuit court may consider appeals for all fiscal years affected by this moratorium and for subsequent fiscal years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13294,"edition_id":1,"name":"Compensation Board Generally","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12877,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":153571,"object_type":"structure","relational_id":13294,"identifier":"6.1","token":"15.2\/II\/16\/6.1","url":"\/15.2\/II\/16\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12877,"edition_id":1,"name":"Local Constitutional Officers, Courthouses and Supplies","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":153305,"object_type":"structure","relational_id":12877,"identifier":"16","token":"15.2\/II\/16","url":"\/15.2\/II\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87250,"structure_id":13294,"section_number":"15.2-1636.1","catch_line":"Salaries of city commissioners of the revenue","url":"\/15.2-1636.1\/","token":"15.2\/II\/16\/6.1\/15.2-1636.1","metadata":false},{"id":78092,"structure_id":13294,"section_number":"15.2-1636.10","catch_line":"Appeals from certain decisions affecting expenses, etc., of circuit court clerks","url":"\/15.2-1636.10\/","token":"15.2\/II\/16\/6.1\/15.2-1636.10","metadata":false},{"id":57430,"structure_id":13294,"section_number":"15.2-1636.11","catch_line":"Determination of population","url":"\/15.2-1636.11\/","token":"15.2\/II\/16\/6.1\/15.2-1636.11","metadata":false},{"id":69688,"structure_id":13294,"section_number":"15.2-1636.12","catch_line":"Increase in salaries in certain cases","url":"\/15.2-1636.12\/","token":"15.2\/II\/16\/6.1\/15.2-1636.12","metadata":false},{"id":69843,"structure_id":13294,"section_number":"15.2-1636.13","catch_line":"Time and manner of payment","url":"\/15.2-1636.13\/","token":"15.2\/II\/16\/6.1\/15.2-1636.13","metadata":false},{"id":83338,"structure_id":13294,"section_number":"15.2-1636.14","catch_line":"Proportion borne by Commonwealth and by localities","url":"\/15.2-1636.14\/","token":"15.2\/II\/16\/6.1\/15.2-1636.14","metadata":false},{"id":70439,"structure_id":13294,"section_number":"15.2-1636.15","catch_line":"Manner of payment of certain items contained in budgets of county and city attorneys for the Commonwealth, treasurers and commissioners of the revenue","url":"\/15.2-1636.15\/","token":"15.2\/II\/16\/6.1\/15.2-1636.15","metadata":false},{"id":59553,"structure_id":13294,"section_number":"15.2-1636.16","catch_line":"Appropriations chargeable with Commonwealth's proportion of salaries, etc","url":"\/15.2-1636.16\/","token":"15.2\/II\/16\/6.1\/15.2-1636.16","metadata":false},{"id":86233,"structure_id":13294,"section_number":"15.2-1636.17","catch_line":"Payments to counties which do not have certain officers","url":"\/15.2-1636.17\/","token":"15.2\/II\/16\/6.1\/15.2-1636.17","metadata":false},{"id":70112,"structure_id":13294,"section_number":"15.2-1636.18","catch_line":"Deputies, office expenses, premiums on bonds, etc","url":"\/15.2-1636.18\/","token":"15.2\/II\/16\/6.1\/15.2-1636.18","metadata":false},{"id":67674,"structure_id":13294,"section_number":"15.2-1636.19","catch_line":"Adjustment of questions of division of compensation, expenses, etc","url":"\/15.2-1636.19\/","token":"15.2\/II\/16\/6.1\/15.2-1636.19","metadata":false},{"id":81112,"structure_id":13294,"section_number":"15.2-1636.2","catch_line":"Salaries of county commissioners of the revenue","url":"\/15.2-1636.2\/","token":"15.2\/II\/16\/6.1\/15.2-1636.2","metadata":false},{"id":54284,"structure_id":13294,"section_number":"15.2-1636.20","catch_line":"Payments to localities under the Personal Property Tax Relief Act of 1998","url":"\/15.2-1636.20\/","token":"15.2\/II\/16\/6.1\/15.2-1636.20","metadata":false},{"id":59078,"structure_id":13294,"section_number":"15.2-1636.3","catch_line":"Real estate transfer and license fees in counties","url":"\/15.2-1636.3\/","token":"15.2\/II\/16\/6.1\/15.2-1636.3","metadata":false},{"id":69119,"structure_id":13294,"section_number":"15.2-1636.4","catch_line":"Real estate transfer and license fees in cities","url":"\/15.2-1636.4\/","token":"15.2\/II\/16\/6.1\/15.2-1636.4","metadata":false},{"id":76689,"structure_id":13294,"section_number":"15.2-1636.5","catch_line":"Membership; compensation","url":"\/15.2-1636.5\/","token":"15.2\/II\/16\/6.1\/15.2-1636.5","metadata":false},{"id":81219,"structure_id":13294,"section_number":"15.2-1636.6","catch_line":"Duties of chairman","url":"\/15.2-1636.6\/","token":"15.2\/II\/16\/6.1\/15.2-1636.6","metadata":false},{"id":76805,"structure_id":13294,"section_number":"15.2-1636.6:1","catch_line":"Statement of receipts and expenses of officers","url":"\/15.2-1636.6_1\/","token":"15.2\/II\/16\/6.1\/15.2-1636.6_1","metadata":false},{"id":75030,"structure_id":13294,"section_number":"15.2-1636.7","catch_line":"Filing requests for salaries","url":"\/15.2-1636.7\/","token":"15.2\/II\/16\/6.1\/15.2-1636.7","metadata":false},{"id":77347,"structure_id":13294,"section_number":"15.2-1636.8","catch_line":"Duties of Board in fixing salaries, expenses, etc","url":"\/15.2-1636.8\/","token":"15.2\/II\/16\/6.1\/15.2-1636.8","metadata":false},{"id":71003,"structure_id":13294,"section_number":"15.2-1636.9","catch_line":"Appeal from decision of Board","url":"\/15.2-1636.9\/","token":"15.2\/II\/16\/6.1\/15.2-1636.9","metadata":false}],"previous_section":{"id":77347,"structure_id":13294,"section_number":"15.2-1636.8","catch_line":"Duties of Board in fixing salaries, expenses, etc","url":"\/15.2-1636.8\/","token":"15.2\/II\/16\/6.1\/15.2-1636.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1636.9\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 386; in 1972, chapter 390; in 1974, chapter 465; in 1976, chapter 673; in 1977, chapter 80; in 1980, chapter 588; in 1983, chapter 382; in 1991, chapter 617; in 1992, chapter 342; in 1993, chapters 554 and 563; in 1995, chapter 733<\/a>; in 1998, chapter 872<\/a>.<\/p>","references":[{"id":78092,"section_number":"15.2-1636.10","catch_line":"Appeals from certain decisions affecting expenses, etc., of circuit court clerks","order_by":null,"url":"\/15.2-1636.10\/"},{"id":74131,"section_number":"15.2-2507","catch_line":"Amendment of budget","order_by":null,"url":"\/15.2-2507\/"},{"id":67578,"section_number":"2.2-612","catch_line":"Notification to localities of reduction or discontinuation of service","order_by":null,"url":"\/2.2-612\/"}],"refers_to":[{"id":75030,"section_number":"15.2-1636.7","catch_line":"Filing requests for salaries","order_by":null,"url":"\/15.2-1636.7\/"},{"id":77347,"section_number":"15.2-1636.8","catch_line":"Duties of Board in fixing salaries, expenses, etc","order_by":null,"url":"\/15.2-1636.8\/"}],"permalink":{"id":153653,"object_type":"law","relational_id":71003,"identifier":"15.2-1636.9","token":"15.2\/II\/16\/6.1\/15.2-1636.9","url":"\/15.2-1636.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1636.9\/","token":"15.2\/II\/16\/6.1\/15.2-1636.9","dublin_core":{"Title":"Appeal from decision of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1636.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any officer whose budget is affected by a decision of the Board under this article made for the fiscal year pursuant to and at the time designated by §§ 15.2-1636.7<\/a> and 15.2-1636.8<\/a> and no other, or any county<\/span> or city<\/span> affected thereby, or the Attorney General<\/span> as representative of the Commonwealth, shall have the right to appeal<\/span> from any such decision of the Board, within forty-five days from the date of such decision. Such appeal<\/span> shall lie to the circuit<\/span> court<\/span> of the county<\/span> or city<\/span> wherein the officer making the appeal<\/span> resides. The court<\/span> shall be presided over by three judges<\/span> of circuit<\/span> courts<\/span> remote from that to which the appeal<\/span> is taken. The three judges<\/span> shall be chosen by the Chief Justice of the Supreme Court<\/span> from a panel<\/span> of fifteen active or retired judges<\/span> selected to hear such matters by the Supreme Court<\/span>. Such judges<\/span> shall remain on the panel<\/span> for a period of time determined by the Chief Justice of the Supreme Court<\/span>. No judge<\/span> may be appointed to hear an appeal<\/span> involving a jurisdiction<\/span> in his current or former circuit<\/span>. Notice of such appeal<\/span> shall be given within the time above specified by any such officer to the Compensation Board, the county<\/span> or city<\/span> affected and the Attorney General<\/span>. The officer appealing shall, in the appeal<\/span>, state with specificity what action of the Compensation Board the officer is contesting, the additional services provided to the locality<\/span> not required by law<\/span>, and the cost of providing such service. The Compensation Board shall notify the Chief Justice forthwith when all administrative remedies have been exhausted by the appellant<\/span> and the three-judge<\/span> court<\/span> shall be designated upon receipt of the notice by the Chief Justice. The appeal<\/span> shall be heard within forty-five days from the date such notice is filed by the Board with the Chief Justice. At least fifteen days’ notice of the time and place set for the hearing<\/span> shall be given the officer noting such appeal<\/span>, the county<\/span> or city<\/span> affected, the Compensation Board and the Attorney General<\/span>. On such appeal<\/span> all questions involved in said decision shall be heard de novo<\/span> by the court<\/span> and its decision on all questions shall be certified by the clerk thereof to the officer affected, to the locality<\/span> and to the chairman of the Compensation Board.\n\t\t\tIn making its decision, the court<\/span> shall give consideration to the amount of funds budgeted and expended by the local government<\/span> for the constitutional officer<\/span> which exceeds the amount reimbursed by the Compensation Board, the extent to which the officer provides additional services to the locality<\/span> not required by law<\/span> and to what extent, if any, the local government<\/span> should participate in providing the additional funding requested by the constitutional officer<\/span>. The court<\/span> shall also give consideration both to the officer’s ability to perform his statutory duties without additional funding and the ability of the Compensation Board and local government<\/span> to provide additional funding for the officer’s functions. The court<\/span> shall also consider maximum staffing and funding levels set in the general appropriation act and any other statutory provisions which would otherwise prohibit the Compensation Board from granting the officer’s request. The burden of proving the necessity of additional funding shall be borne by the officer. After due consideration of Compensation Board and local government<\/span> statutory authority and the constitutional officer<\/span>’s demonstrated need for additional funding, the court<\/span> shall determine the extent to which the Compensation Board and local government<\/span> shall share in the additional funding. Should the court<\/span> determine that additional funding is necessary for the officer to perform his duties, and that it is the responsibility of the Compensation Board to provide all or part of the additional funds, and that the Compensation Board does not have the ability to provide such additional funding, the Compensation Board shall request the necessary additional funding from the General Assembly at its next occurring regular session.\n\t\t\tShould the court<\/span> determine that additional funding is necessary for the officer to perform his duties and that it is the responsibility of the local government<\/span> to provide all or part of the additional funds, and that the local government<\/span> does not have the ability to provide such additional funding, the chief administrative officer of the local government<\/span> shall include such request in the budget submission to the local governing body<\/span>.\n\t\t\tFrom the decision of the court<\/span> there shall be no right of further appeal<\/span>. The decision of the court<\/span> shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7<\/a> and the amounts fixed by the Compensation Board for such fiscal year; however, when the appeal<\/span> is filed by a county<\/span> or city<\/span> such decision shall be within the difference between the prior salaries, expenses and other allowances of such officer and the amounts fixed by the Compensation Board for such fiscal year. In the event an appeal<\/span> is filed by both the officer affected and the county<\/span> or city<\/span> affected, such decision shall be within the difference between the amounts originally requested by the appealing officer pursuant to § 15.2-1636.7<\/a> and the prior salaries, expenses and other allowances of such officer.\n\t\t\tIn pursuing the provisions of this section, constitutional officers<\/span> may use funds designated by the Compensation Board or appropriated by their local governing body<\/span> to employ independent counsel<\/span>, provided that funds have been specifically appropriated for such purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of subsection A, no appeal<\/span> of any decision of the Board shall lie to the circuit<\/span> court<\/span> from the date of enactment of this subsection until July 1, 1993, at which time the circuit<\/span> court<\/span> may consider appeals<\/span> for all fiscal years affected by this moratorium and for subsequent fiscal years. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM DECISION OF BOARD (\u00a7 15.2-1636.9)\n\nA. Any officer whose budget is affected by a decision of the Board under this\narticle made for the fiscal year pursuant to and at the time designated by\n§§ 15.2-1636.7 and 15.2-1636.8 and no other, or any county or city\naffected thereby, or the Attorney General as representative of the Commonwealth,\nshall have the right to appeal from any such decision of the Board, within\nforty-five days from the date of such decision. Such appeal shall lie to the\ncircuit court of the county or city wherein the officer making the appeal\nresides. The court shall be presided over by three judges of circuit courts\nremote from that to which the appeal is taken. The three judges shall be chosen\nby the Chief Justice of the Supreme Court from a panel of fifteen active or\nretired judges selected to hear such matters by the Supreme Court. Such judges\nshall remain on the panel for a period of time determined by the Chief Justice\nof the Supreme Court. No judge may be appointed to hear an appeal involving a\njurisdiction in his current or former circuit. Notice of such appeal shall be\ngiven within the time above specified by any such officer to the Compensation\nBoard, the county or city affected and the Attorney General. The officer\nappealing shall, in the appeal, state with specificity what action of the\nCompensation Board the officer is contesting, the additional services provided\nto the locality not required by law, and the cost of providing such service. The\nCompensation Board shall notify the Chief Justice forthwith when all\nadministrative remedies have been exhausted by the appellant and the three-judge\ncourt shall be designated upon receipt of the notice by the Chief Justice. The\nappeal shall be heard within forty-five days from the date such notice is filed\nby the Board with the Chief Justice. At least fifteen days’ notice of the\ntime and place set for the hearing shall be given the officer noting such\nappeal, the county or city affected, the Compensation Board and the Attorney\nGeneral. On such appeal all questions involved in said decision shall be heard\nde novo by the court and its decision on all questions shall be certified by the\nclerk thereof to the officer affected, to the locality and to the chairman of\nthe Compensation Board.\n\t\t\tIn making its decision, the court shall give consideration to the amount of\nfunds budgeted and expended by the local government for the constitutional\nofficer which exceeds the amount reimbursed by the Compensation Board, the\nextent to which the officer provides additional services to the locality not\nrequired by law and to what extent, if any, the local government should\nparticipate in providing the additional funding requested by the constitutional\nofficer. The court shall also give consideration both to the officer’s\nability to perform his statutory duties without additional funding and the\nability of the Compensation Board and local government to provide additional\nfunding for the officer’s functions. The court shall also consider maximum\nstaffing and funding levels set in the general appropriation act and any other\nstatutory provisions which would otherwise prohibit the Compensation Board from\ngranting the officer’s request. The burden of proving the necessity of\nadditional funding shall be borne by the officer. After due consideration of\nCompensation Board and local government statutory authority and the\nconstitutional officer’s demonstrated need for additional funding, the\ncourt shall determine the extent to which the Compensation Board and local\ngovernment shall share in the additional funding. Should the court determine\nthat additional funding is necessary for the officer to perform his duties, and\nthat it is the responsibility of the Compensation Board to provide all or part\nof the additional funds, and that the Compensation Board does not have the\nability to provide such additional funding, the Compensation Board shall request\nthe necessary additional funding from the General Assembly at its next occurring\nregular session.\n\t\t\tShould the court determine that additional funding is necessary for the\nofficer to perform his duties and that it is the responsibility of the local\ngovernment to provide all or part of the additional funds, and that the local\ngovernment does not have the ability to provide such additional funding, the\nchief administrative officer of the local government shall include such request\nin the budget submission to the local governing body.\n\t\t\tFrom the decision of the court there shall be no right of further appeal. The\ndecision of the court shall be within the difference between the amounts\noriginally requested by the appealing officer pursuant to § 15.2-1636.7 and\nthe amounts fixed by the Compensation Board for such fiscal year; however, when\nthe appeal is filed by a county or city such decision shall be within the\ndifference between the prior salaries, expenses and other allowances of such\nofficer and the amounts fixed by the Compensation Board for such fiscal year. In\nthe event an appeal is filed by both the officer affected and the county or city\naffected, such decision shall be within the difference between the amounts\noriginally requested by the appealing officer pursuant to § 15.2-1636.7 and\nthe prior salaries, expenses and other allowances of such officer.\n\t\t\tIn pursuing the provisions of this section, constitutional officers may use\nfunds designated by the Compensation Board or appropriated by their local\ngoverning body to employ independent counsel, provided that funds have been\nspecifically appropriated for such purpose.\n\nB. Notwithstanding the provisions of subsection A, no appeal of any decision of\nthe Board shall lie to the circuit court from the date of enactment of this\nsubsection until July 1, 1993, at which time the circuit court may consider\nappeals for all fiscal years affected by this moratorium and for subsequent\nfiscal years.\n\nHISTORY: Code 1950, \u00a7 14-65; 1964, c. 386, \u00a7 14.1-52; 1971, Ex. Sess., c. 156;\n1972, c. 390; 1974, c. 465; 1976, c. 673; 1977, c. 80; 1980, c. 588; 1983, c.\n382; 1991, c. 617; 1992, c. 342; 1993, cc. 554, 563; 1995, c. 733; 1998, c. 872.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}