                                 CODE OF VIRGINIA

HOW QUESTIONS DETERMINED; TIE BREAKER (§ 15.2-1420)

All questions submitted to the governing body for decision shall be determined
by a majority of the members voting on any such question unless another method
of determination is required by the Constitution of Virginia or general law.
		In counties which have designated a tie breaker pursuant to § 15.2-1421, in
any case in which there is a tie vote of the board upon any question when all
the members are not present, the question shall be passed by till the next
meeting when it shall again be voted upon even though all members are not
present; in any case in which there is a tie vote on any question after
complying with the herein above procedure, the clerk shall record the vote and
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 is not
practicable then the board may adjourn to a day fixed in the minutes of the
board, or in case of a failure to agree on a day, to a day fixed by the clerk
and entered by him on the minutes. At the present meeting or on the day named in
the minutes the tie breaker shall attend. He shall be entitled to be fully
advised as to the matter upon which he is to vote, and if not prepared to cast
his vote at the time he may require the clerk to enter an order adjourning the
meeting to some future day to be named in the minutes not to exceed thirty days
and from time to time he shall have continuances entered until he is ready to
vote, not to exceed thirty days. When he casts his vote the clerk shall record
his vote and the tie shall be broken, and the question shall be decided as he
casts his vote. If a meeting for any reason is not held on the day named in the
minutes, the clerk shall enter on the minute book a day within ten days as a
substitute day and duly notify all the members, and this shall continue until a
meeting is held. After a tie has occurred, the tie breaker shall be considered a
member of the board for the purpose of counting a quorum for the sole purpose of
breaking the tie. Final votes on any ordinance or resolution shall be in
accordance with the procedure provided for in Article VII, Sections 7 and 9 of
the Constitution of Virginia.

HISTORY: 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.