A motion is required to adopt the attached resolution.

Transcription

1 SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session July 23, PETITION FOR WRIT OF SPECIAL ELECTION COUNTY TREASURER Attached herewith, please find a resolution authorizing and directing Mr. Railey to petition the Circuit Court for a special election to fill the vacancy in the Office of County Treasurer at the next General Election on November 6, MOTION REQUIRED: A motion is required to adopt the attached resolution.

2 BOARD OF SUPERVISORS SOUTHAMPTON COUNTY, VIRGINIA RESOLUTION At a regular meeting of the Board of Supervisors of Southampton County, Virginia, held in the Southampton County Office Center, Board of Supervisors Meeting Room, Administration Center Drive, Courtland, Virginia on Monday, July 23, 2018 at 6:00 p.m. PRESENT The Honorable Dallas O. Jones, Chairman The Honorable Ronald M. West, Vice Chairman The Honorable R. Randolph Cook The Honorable Alan W. Edwards The Honorable Carl J. Faison The Honorable S. Bruce Phillips The Honorable Barry T. Porter IN RE: PETITION FOR SPECIAL ELECTION Motion by Supervisor : Draft WHEREAS, the Treasurer of Southampton County, The Honorable David K. Britt, has notified the Board of Supervisors of Southampton County of his retirement, effective August 1, 2018; and WHEREAS, in accordance with C of the Code, "Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election.

3 Resolution July 23, 2018 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED that the Board of Supervisors of Southampton County authorizes and directs the Southampton County Attorney to present the attached PETITION FOR WRIT OF ELECTION to the Circuit Court of Southampton County to fill the vacancy by ordering a special election for the remainder of the resigning Treasurer's term of office on the date of the next general election, which is November 6, Adopted this 23rd day of July, Seconded by Supervisor. VOTING ON THE ITEM: A COPY TESTE: YES Dallas O. Jones, Chairman Ronald M. West, Vice Chairman R. Randolph Cook Alan W. Edwards Carl J. Faison S. Bruce Phillips Barry T. Porter NO None. Michael W. Johnson, County Administrator/ Clerk, Southampton County Board of Supervisors Draft

4 VIRGINIA: IN THE CIRCUIT COURT OF SOUTHAMPTON COUNTY PETITION FOR WRIT OF ELECTION, IN ACCORDANCE WITH OF THE 1950 CODE OF VIRGINIA, AS AMENDED The Southampton County Board of Supervisors hereby petitions the Circuit Court of Southampton County for the issuance of a Writ of Election, in accordance with of the 1950 Code of Virginia, as amended, and to fix the day for holding such election. In support of said petition, the petitioner, the Southampton County Board of Supervisors, hereby represents, by counsel, as follows: 1. In accordance with the pertinent provisions of of the Code "Notwithstanding any provision of a charter to the contrary, a vacancy in any elected constitutional officer, whether occurring when for any reason an officer elect does not take office or occurring after an officer begins his term shall be filled by special election, except as provided in subsection B. Within 15 days of the occurrence of the vacancy, the governing body of the County or City in which the vacancy occurs, shall petition the Circuit Court to issue a writ of election to fill the vacancy as set forth in Article V ( et. seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the Court shall promptly issue the writ ordering the election for a date determined pursuant to However, the governing body may request in its petition that the special election be held on the date of the next general election in November, and the Court may order the special election to be held on that date." 2. The Treasurer of Southampton County, The Honorable David K. Britt, has notified the Board of Supervisors of Southampton County of his retirement, effective August 1, In accordance with C of the Code, "Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election." 1

5 4. The Board of Supervisors at its regular meeting, held on July 23, 2018, adopted a Resolution which, inter alia, requested the Circuit Court to issue a Writ of Election for the remainder of the resigning Treasurer's term of office. An attested copy of said Resolution is attached hereto and incorporated verbatim as a part hereof. 5. Said Resolution was passed unanimously by the Southampton County Board of Supervisors with all members present and voting. In accordance with the attached Resolution, the Southampton County Board of Supervisors request that the special election be held on the date of the next general election, which is November 6, WHEREFORE, the petitioner, the Southampton County Board of Supervisors, petitions the Court for an election in order to fill the vacancy existing in the Office of the Treasurer as of August 1, 2018 and that said special election be held on November 6, 2018, the date of the next general election. SOUTHAMPTON COUNTY BOARD OF SUPERVISORS, PETITIONER By Richard E. Railey, Jr., County Attorney Richard E. Railey, Jr., Esquire Virginia State Bar No RAILEY AND RAILEY, P.C. Post Office Box 40 Courtland, VA Attorney for petitioner 2

6 VIRGINIA: IN THE CIRCUIT COURT OF SOUTHAMPTON COUNTY WRIT OF ELECTION, IN ACCORDANCE WITH OF THE 1950 CODE OF VIRGINIA, AS AMENDED This matter came to be heard on the Petition for Writ of Election, in accordance with of the 1950 Code of Virginia, as amended, filed by the Southampton County Board of Supervisors, requesting the Court to issue a Writ of Election, in accordance with of the Code, and to fix the day for holding such election. It appearing to the Court as follows: 1. That the allegations of the Petition filed by the Southampton County Board of Supervisors are true and correct; 2. That the Board of Supervisors of Southampton County at its regular meeting, held on July 23, 2018, adopted a Resolution which, inter alia, requested the Circuit Court of Southampton County to issue a Writ of Election for the remainder of the resigning Treasurer's term of office. 3. That said resolution was passed unanimously by the Southampton County Board of Supervisors with all members present and voting. 4. The Treasurer of Southampton County, The Honorable David K. Britt, has notified the Board of Supervisors of Southampton County of his retirement, effective August 1, That in accordance with the provisions of C of the Code, "Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election." 1

7 6. That the provisions of et. seq. of the Code have been complied with and a Writ of Election should be issued for an election to be held on November 6, It is accordingly, ADJUDGED, ORDERED and DECREED that the Writ of Election is hereby granted and, accordingly, the regular election officials of Southampton County shall conduct an election in accordance with et. seq. of the Code, to be held November 6, It is further ORDERED that the Clerk of this Court send forthwith a certified copy of this Order to the State Board of Elections, the Southampton County Electoral Board and the General Registrar for Southampton County, Virginia. ENTER: Judge Date I ask for this: Richard E. Railey, Jr., County Attorney for Southampton County, Virginia 2