HomeMy WebLinkAbout054-13BOARD OF SUPERVISORS
AUTHORIZING THE COUNTY ATTORNEY
TO FILE A PETITION FOR WRIT OF ELECTION TO FILL VACANCY
IN THE OFFICE OF OPEQUON DISTRICT REPRESENTATIVE
TO THE BOARD OF SUPERVISORS
WHEREAS, Bill M. Ewing has submitted his resignation as Opequon District
representative to Board of Supervisors, effective May 28, 2013; and
WHEREAS, Virginia Code § 24.2- 226(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 Opequon
District representative to Board of Supervisors 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 Circuit Court has previously scheduled a separate vacancy, in the office
of the Gainesboro District representative to the Board of Supervisors, to be filled by a special
election concurrent with the general election already scheduled for November 5, 2013; and
WHEREAS, state law provides for the office of Opequon District representative to
Board of Supervisors 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, as soon as possible following the effective date of the Opequon District vacancy, to
file with the Circuit Court a petition seeking issuance of a writ of election, to fill the vacancy in
the office of Opequon District representative to Board of Supervisors, 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 22" day of May, 2013.
Richard C. Shickle
Aye
Gary A. Lofton
Ave
Robert A. Hess
Aye
Bill M. Ewing
Abstai
Christopher E. Collins
Ave e
Gene E. Fisher
Aye
Charles S. DeHaven, Jr. Aye
V n _. it y, Jr.
k, Board of Supervisors
County of Frederick, Virginia
Res. #054 -13
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722 -8383
Fax 5401667 -0370
E -mail:
rwillia @co, frederick.va.us
MEMORANDUM
TO: The Honorable Chairman and Members of the Board of Supervisors
FROM: Roderick B. Williams
County Attorney
DATE: May 16, 2013
RE: Resignation of Opequon District Supervisor — Petition for Special Election
Opequon District Supervisor Bill M. Ewing has submitted his resignation effective May
28, 2013. State law requires that, not later 15 days after the effective date of the resignation, the
Board of Supervisors petition the Circuit Court for a writ of election, for a special election to fill
the vacancy.
Attached please find for your consideration a proposed resolution authorizing the filing of
petition requesting that the Circuit Court set the date of the special election as November 5,
2013, the same date as the next general election. I would not actually file the petition until after
the May 28 effective date of Supervisor Ewing's resignation.
The November 5 date is also the same date as the special election set to fill the remainder
of the unexpired term for the Gainesboro District. Setting the special elections to be held
concurrent with the general election saves the County the additional expense of conducting
elections on separate dates.
Attachment
cc: John R. Riley, Jr., County Administrator
107 North Kent Street • Winchester, Virginia 22601