                                 CODE OF VIRGINIA

PROCEDURE IN CASE OF TIE VOTE (§ 22.1-75)

In any case in which there is a tie vote of the school board of any school
division when all the members are not present, the question shall be passed by
until 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 this procedure or in any case in which there is a tie vote when
all the members of the school board are present, the proceedings thereon shall
be in conformity with the proceedings prescribed below, except that the tie
breaker, if any, appointed pursuant to § 15.2-410, 15.2-531, 15.2-837, 22.1-40,
22.1-44, or 22.1-47, or elected pursuant to § 15.2-627 or 22.1-57.3, whichever
is applicable, shall cast the deciding vote.
		In any case in which there is a tie vote of the school board, the clerk shall
record the vote; immediately notify the tie breaker to vote; and request his
presence, if practicable, at the present meeting of the board. However, if that
is not practicable, 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 the clerk fixes and
enters in 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
on the matter upon which he is to vote. If not prepared to vote at the time, he
may require the clerk to enter an order adjourning the meeting to some future
day, not to exceed thirty days, to be named in the minutes. He may have
continuances, not to exceed thirty days, entered until he is ready to vote. When
he votes, the clerk shall record his vote; the tie shall be broken; and the
question shall be decided as he votes. 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 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.

HISTORY: Code 1950, § 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c.
56; 2006, c. 29; 2007, c. 100; 2014, c. 772.