R-13-17 RESOLUTION NO. R-13-17
RESOLUTION AUTHORIZING THE FILING OF A JOINT PETITION FOR AN
ORDER AND WRIT OF ELECTION TO FILL A VACANCY IN THE OFFICE OF
SHERIFF FOR FAIRFAX COUNTY AND THE CITY OF FAIRFAX
WHEREAS, on May 21, 2013, Sheriff Stan G. Barry ("Sheriff Barry") submitted his
resignation from the office of Sheriff, effective July 1, 2013; and
WHEREAS, Sheriff Barry's term extends through December 31, 2015, and applicable
state law provides that any vacancy in the office of Sheriff, as with other constitutional
officers, be filled by special election; and
WHEREAS, Va. Code Section 24.2-228.1 permits the governing body of the county
or city in which the vacancy occurs to petition the Circuit Court to issue a writ of election, and
since this vacancy is in an elected office in both the County and the City, a joint petition to the
Circuit Court is appropriate.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRFAX THAT:
1. The City Attorney is hereby authorized and directed to prepare and file a petition,
in the form required by law, with the Circuit Court requesting that the Circuit
Court issue an order and writ of election for the holding of a special election on
November 5, 2013, to fill the vacancy in the office of Sheriff resulting from the
resignation of Sheriff Barry.
2. If practicable, the City and the County shall prepare a joint petition, in a form
acceptable to the City Attorney, and otherwise meeting the requirements of
applicable law, requesting the above-referenced order and writ of election.
3. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 11th day of June, 2013.
� SS
Mayor
ATTEST:
7/A/14(‘
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye