                                 CODE OF VIRGINIA

EXCEPTION AS TO PUBLIC OFFICER OR EMPLOYEE WHO ENGAGES IN WAR SERVICE OR IS
CALLED TO ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES (§ 2.2-2802)

A. No local or state officer or employee shall forfeit his title to office or
position or vacate the same by reason of either engaging in the war service of
the United States when called forth by the Governor pursuant to the provisions
of &#xA7; 44-75.1 or being called to active duty in the Armed Forces of the
United States. Any such officer or employee who, voluntarily or otherwise,
enters upon such war service or is called to active duty may notify the officer
or body authorized by law to fill vacancies in his office of such fact and
thereupon be relieved from the duties of his office or position during the
period of such war service or active duty. Except as otherwise provided in
subsection B, the officer or body authorized to fill vacancies shall designate
some suitable person to perform the duties of such office as acting officer
during the period the regular officer is engaged in such war service or active
duty. During such period, the acting officer shall be vested with all the
powers, authority, rights, and duties of the regular officer for whom he is
acting.

B. In the case of a school board member who is relieved from the duties of his
office by reason of engaging in the war service of the United States when called
forth by the Governor pursuant to the provisions of &#xA7; 44-75.1 or being
called to active duty in the Armed Forces of the United States, such school
board member shall submit to the school board a list of names of suitable
persons to perform the duties of such office as acting school board member
during the period in which the regular school board member is engaged in such
war service or active duty, in which case the school board shall consider
appointing and may appoint an acting school board member from such list of
names. During such period, the acting school board member shall be vested with
all the powers, authority, rights, and duties of the regular school board member
for whom he is acting. However if the school board decides not to appoint an
acting member from the submitted list, the school board shall notify the
submitting school board member in writing of the rationale for the school
board&#8217;s decision not to appoint an acting member from the list.

HISTORY: Code 1950, § 2-28; 1950, p. 242, § 2-27.1; 1964, c. 227; 1966, c.
677, § 2.1-31; 2001, c. 844; 2017, c. 508.