A bill introduced by Del. Clay Athey and signed into law by Governor Bob McDonnell has changed the process I outlined earlier by which councilwoman Daun Hester’s seat will be filled.
The bill, HB1014, overrides the charter provisions which previously allowed council to appoint a replacement for the remaining two years on Hester’s term and, instead, requires a special election to fill the seat. The pertinent portion of § 24.2-226, as amended:
The governing body … shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy… Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election promptly, which shall be no later than the next general election unless the vacancy occurs within 90 days of the next general election in which event it shall be held promptly but no later than the second general election.
And the pertinent portion of § 24.2-228, as amended:
When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within 45 days of the office becoming vacant, may appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. … Notwithstanding any charter provisions to the contrary, the person so appointed shall hold office only until the qualified voters fill the vacancy by special election…
Bottom line: council will appoint a temporary replacement who will serve until November 2 – the next general election – when a special election will be held for the voters to choose the person to serve the remainder of Hester’s term, which ends on June 30, 2012.
The mayor, according to this article, has promised an “open and transparent” process for selecting the temporary replacement. I’d like to see council go a step further: only appoint someone who will not run in the special election. We all know about the power of incumbency. Appointing someone who plans to run for the seat is stacking the deck against anyone else who may run.
And while the article says that the mayor intends to ask council “later this month” to agree to solicit resumes, I certainly hope he is planning to include new council members Andy Protogyrou and Tommy Smigiel in that decision. After all, the vacancy does not officially occur until July 1, when the two of them will be members of council. The final selection should be made by the new council, not the old council.
VIVIAN J. PAIGE | All Politics is Local 
How is this NOT an ex post facto law?
Because the law was passed before the mayoral election, i’m guessing.
Because it isn’t retroactive? It only applies as of 7/1, which, coincidentally, is the date the vacancy occurs.
The FACT is that they know she will vacate the seat, and changed the law AFTER that fact. Hence, it is an ex post facto law. (Just like the special election to replace Kennedy. That really backfired on them, didn’t it?) That the dates match is, obviously, NOT a coincidence.
Um, Warren – the law that changed was done so at the state level, not the local level. Do you really think the sponsor of the legislation was looking at Norfolk when he submitted the legislation?
As for the dates, nearly all state laws go into effect on 7/1.
And ICYMI, it affects the Portsmouth situation, too.
Yes, but the question is irrelevant.