                                 CODE OF VIRGINIA

APPEAL FROM DECISION OF BOARD (§ 15.2-1636.9)

A. 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
&#xA7;&#xA7; 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&#8217; 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.
			In 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&#8217;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&#8217;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&#8217;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&#8217;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.
			Should 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.
			From 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 &#xA7; 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 &#xA7; 15.2-1636.7 and
the prior salaries, expenses and other allowances of such officer.
			In 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. 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.

HISTORY: Code 1950, § 14-65; 1964, c. 386, § 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.