Be it enacted by the General Assembly of Virginia: 1. That §§3.1 and 3.2, as amended, and §§3.5 and 3.8 of Chapter 304 of the Acts of Assembly of 1973 are amended and reenacted as follows: §3.1. ELECTION, QUALIFICATION AND TERM OF OFFICE OF COUNCILMEN AND MAYOR. (a) The Town of West Point shall be governed by a town council composed of seven councilmen and a mayor, all of whom shall be qualified voters of the town, to be elected from the town at large. (b) The mayor and councilmen in office at the time of the passage of this act shall continue in office until the expiration of the terms for which they were elected. The councilmen and mayor shall be elected at a regular municipal election to be held on the first Tuesday in May, 1982, in the manner prescribed by law, for terms beginning on the first day of July next following their election, each of them serving until the successors shall be elected and qualified. The three candidates for council receiving the highest number of votes and the mayor shall be elected for initial terms of four years, and the four candidates receiving the next highest number of votes shall be elected for initial terms of two years. Thereafter, all councilmen and the mayor shall be elected for terms of four years at a regular municipal election which shall be held on the first Tuesday in May of each even numbered year, the number of councilmen elected each election year being equal to the number of councilmen whose terms expire during such year and the mayor being elected every fourth year. However, beginning with elections to be held in 2012 and 2014, the council and mayor shall be elected on the Tuesday following the first Monday in November to serve four-year terms that begin on January 1 and end on December 31. All members whose terms would have expired on July 1 of 2012 or 2014 shall have their terms extended six months until their successors have been elected and qualified, Thereafter, all member shall serve for terms of four years. §3.2. VACANCIES ON COUNCIL.
(a) A vacancy on town council, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled in accordance with state law and as provided by Article 5 (§24.2-681 et seq.) of Chapter 6 of Title 24.2 of the Code of Virginia. The town council shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§24.2-681 et seq.) of Chapter 6 of Title 24.2 of the Code of Virginia. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election promptly, which shall be no later than the next general election in November unless the vacancy occurs within 90 days of the next such general election, in which event it shall be held promptly but no later than the second such general election. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the town council may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election. The officer's or officer-elect's resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled. (b) No election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled. (c) When an interim appointment to a vacancy in town council has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires. §3.5. POWERS AND DUTIES OF MAYOR. The mayor shall be the chief executive officer of the town. He
shall have and exercise all power and authority conferred by general law not
inconsistent with this charter. He shall preside over the meetings of the town
council and shall have the same right to speak therein as a member of the
council, but shall not vote except in the case of a tie vote. He shall have the
power of veto over §3.8. MEETINGS OF COUNCIL. The town council shall fix the time of its stated meetings 2. That an emergency exists and this act is in force from its passage. |