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035-13AUTHORIZING THE COUNTYATTORNEY TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY IN THE OFFICE OF COMMONWEALTHS ATTORNEY WHEREAS, Glenn R. Williamson has submitted his resignation as Commonwealth's Attorney for Frederick County, effective December 31, 2012; and WHEREAS, Virginia Code § 24.2- 228.1(A) requires the Board of Supervisors to file with the Circuit Court a petition for a writ of election to fill the vacancy in the office of Commonwealth's Attorney within 15 days of the vacancy; and WHEREAS, state law permits the Circuit Court to schedule such election concurrent with the general election already scheduled for November 5, 2013; and WHEREAS, the estimated cost of conducting a special election on a separate date would be approximately $30,500; and WHEREAS, state law provides for the office of Commonwealth's Attorney to be filled on an interim basis until his successor is elected and qualified and has taken the oath of office. NOW, THEREFORE, BE IT RESOLVED, that the Board authorizes the County Attorney to file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in the office of Commonwealth's Attorney, such election to occur on November 5, 2013, concurrent with the general election that same day, or on such other date as the Circuit Court may find just and proper. ADOPTED this 9 day of January, 2013. Richard C. Shickle Aye [Gainesboro District] VACANT Christopher E. Collins Aye Gary A. Lofton Aye Bill M. Ewing Aye Gene E. Fisher A y e Charles S. Deflaven, Jr. A y e Joh . Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia BOS Res. #035 --13