                                 CODE OF VIRGINIA

GOVERNING BODY TO BE ELECTED AND TAKE OFFICE BEFORE EFFECTIVE DATE OF
CONSOLIDATION IN CERTAIN CASES; POWERS (§ 15.2-3542)

A. Notwithstanding the provisions of § 15.2-3541 or any other statutory
provision, in any consolidation which results in the formation of a consolidated
county with a tier-city therein, the consolidation agreement may provide as
follows:

   1. The special election provided in &#xA7; 15.2-3541 may apply solely to
   election of members of boards of supervisors and members of tier-city
   councils, with all other elected officers being elected at the general
   election next preceding the effective date of consolidation.

   2. Members of the governing bodies elected at such special elections may
   assume office immediately upon qualification, and no later than thirty days
   following the date upon which the special election was held, as provided in
   &#xA7; 24.2-201, and shall hold office prior to the effective date of
   consolidation, only for such of the following limited purposes as may be
   provided by the consolidation agreement:
   				a. Organization of itself and election of one of its members as chairman
   of the board of supervisors or as mayor, as the case may be.
   				b. Preparation and approval of budgets applicable to the respective newly
   formed governmental entities, for the fiscal year or partial fiscal year
   beginning with the effective date of consolidation.
   				c. Adoption of ordinances required or permitted by the consolidation
   agreement, to be effective upon the date of consolidation.
   				d. Hiring by the newly elected tier-city council of a tier-city manager,
   tier-city attorney and clerk of council.
   				e. Hiring by the newly elected board of supervisors of its chief
   administrative officer, county attorney, and clerk of board.
   				f. Negotiation, preparation and approval of leases, servicing agreements,
   and other documents required by the consolidation agreement, or otherwise
   deemed advisable.

B. Prior to the effective date of consolidation, provision shall be made for
funding the activities described in subdivision 2 of subsection A.

C. Upon the effective date of consolidation, all elected officers who have taken
the oath of office shall assume full powers, duties, rights and responsibilities
of their respective offices.

D. Any member of a governing body of a consolidating locality may be elected to
public office, for which he or she is otherwise qualified, in a governing body
of a new governmental entity formed by consolidation. For the limited time
period and limited purposes specified in subdivision 2 of subsection A, such
officers may hold both offices at the same time.

HISTORY: 1984, c. 695, § 15.1-1141.1; 1997, c. 587.