R-11-33 RESOLUTION NO. R -11 -33
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AND FILE A
PETITION WITH THE FAIRFAX COUNTY CIRCUIT COURT WITH REGARD TO
A VACANCY ON THE CITY COUNCIL
WHEREAS, Councilmember Joan W. Cross, by letter dated June 27, 2011, has
tendered her resignation from the City Council effective June 30, 2011, which results in a
vacancy existing on the City Council as of July 1, 2011; and
WHEREAS, Title 24.2 of the Code of Virginia, and specifically Section 24.2- 226(A),
requires that the City Council, within fifteen (15) days of the occurrence of a vacancy, cause a
petition to be filed with the Fairfax Circuit Court to issue a writ of election ordering a special
election to fill the vacancy resulting from Councilmember Cross' resignation from the City
Council, except as otherwise provided by law; and
WHEREAS, it is the desire of the City Council to request that the Fairfax Circuit
Court set the date for such election, if required, as the next regular election date for members
of the City Council (the May 1, 2012 general election); and
WHEREAS, Section 24.2- 226(B) of the Code of Virginia provides that 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; and
WHEREAS, the terms of the entirety of the City Council are scheduled to end as of
June 30, 2012, which is within 60 days of the date of the general election on which a special
election to fill Councilmember Cross' vacancy would occur if Fairfax Circuit Court adopts the
City Council's recommendation and request, so no special election would be required if the
Fairfax Circuit Court accepts the City Council's request request..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax, that the City Attorney is directed to prepare and file a petition with the Fairfax Circuit
Court as required by law, and that in the petition, the Fairfax Circuit Court be asked to affirm
May 1, 2012 as the preferred date for any election to be held to fill the vacancy resulting from
Councilmember Cross' resignation, and that, as provided by law, no special election is
therefore required and the position shall be filled as normally scheduled to be filled in the
May 1, 2012 general election.
ADOPTED this 28 day of June, 2011.
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Mayor
ATTEST:
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City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Absent
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilwoman Schmidt Aye
Councilman Stombres Aye