                                 CODE OF VIRGINIA

INTERIM APPOINTMENT TO LOCAL GOVERNING BODY OR ELECTED SCHOOL BOARD; ELECTED
MAYOR (§ 24.2-228)

A. When a vacancy occurs in a local governing body or an elected school board,
the remaining members of the body or board, respectively, within 45 days of the
office becoming vacant, may appoint a qualified voter of the election district
in which the vacancy occurred to fill the vacancy. At least seven days prior to
making such interim appointment, the body or board shall hold a public meeting
in accordance with &#xA7; 2.2-3707 at which the body or board shall announce the
names of all persons being proposed for the interim appointment and shall make
available for inspection each person&#8217;s resume and any other materials
required by the body or board. If a majority of the remaining members of the
body or board cannot agree, or do not act, the judges of the circuit court of
the county or city may make the appointment.
			Notwithstanding any charter provisions to the contrary, the person so
appointed shall hold office only until the qualified voters fill the vacancy by
special election pursuant to &#xA7; 24.2-682 and the person so elected has
qualified. Any person so appointed shall hold office the same as an elected
person and shall exercise all powers of the elected office.
			If a majority of the seats on any governing body or elected school board are
vacant, the remaining members shall not make interim appointments and the
vacancies shall be filled as provided in &#xA7; 24.2-227.

B. When a vacancy occurs in the office of a mayor who is elected by the voters,
the council shall make an interim appointment to fill the vacancy as provided in
subsection A.

C. For the purposes of this article and subsection D of &#xA7; 22.1-57.3, local
school boards comprised of elected and appointed members shall be deemed elected
school boards.

D. The failure of a member of a local governing body or elected school board or
mayor to take the oath of office required by &#xA7; 49-1 before attending the
first meeting of the governing body or school board held after his election
shall not be deemed to create a vacancy in his office provided that he takes the
oath within 30 days after that first meeting.

HISTORY: 1975, c. 515, § 24.1-76.1; 1993, c. 641; 1996, c. 873; 1999, c. 128;
2010, cc. 431, 624; 2011, c. 78; 2024, c. 168.