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'''City of Charlottesville government''' is autonomous and entirely independent of any county or any other political subdivision. It does not have the same boundaries with or is not subject to taxation by any county or school district, and is not liable for any county or school district indebtedness.
Replacing Local Officials
[[#Census information]]


<span id="Referendum">Referendum</span>
If a local elected official leaves office, the remaining members typically appoint a replacement to serve until the next general election.
City of Charlottesville is served locally by the following officials:
A five-member City Council, including the Mayor
A seven-member elected School Board
Thomas Jefferson Soil & Water Conservation District Directors
Elected Constitutional Officers
Commissioner of Revenue
A Treasurer
Sheriff
Commonwealth’s Attorney
Circuit Court Clerk


Charlottesville is an independent city located in the Commonwealth of Virginia. It is considered a county-equivalent. As of July 1, 2017, its estimated population was 48,019, <ref>https://www.census.gov/quickfacts/fact/table/charlottesvillecityvirginia,US/PST045218 U.S. Census Bureau, "State and County Quick Facts," accessed February 25, 2019.</ref>while the Charlottesville Metropolitan Statistical Area (MSA) contains over 235,000. Charlottesville was chosen as the courthouse seat of Albemarle County in 1761, created as a town in 1762 and incorporated as an independent city in 1888.  Charlottesville was made an independent city, 2nd class, from Albemarle County on July 10, 1902. As a result of eight annexations, the most recent of which was in 1968, the City is 10.4 square miles.
Albemarle County is served locally by the following officials:
=City government=
A six-member Board of Supervisors
See also: [[Council-manager government]]
A seven-member elected School Board
The city of Charlottesville utilizes a [[council-manager system]]. In this form of municipal government, an elected city council—which includes the mayor and serves as the city's primary legislative body—appoints a chief executive called a [[city manager]] to oversee day-to-day municipal operations and implement the council's policy and legislative initiatives.
Elected Constitutional Officers
==City council==
Sheriff
The Charlottesville City Council is the city's primary legislative body. It is responsible for adopting the city budget, approving mayoral appointees, levying taxes, and making or amending city laws, policies and ordinances. Council members are elected at large by the voters.  The mayor is elected by the city council.
Commonwealth’s Attorney
===Membership===
Circuit Court Clerk
The city council consists of five members including the mayor. All are elected at-large.
A current list of council members can be found [[Membership of the Charlottesville City Council | here]].


===Appointments===
Local officials in Virginia include Treasurer, Commissioner of the Revenue, Sheriff, Commonwealth's Attorney, and Clerk of the Circuit Court. These five positions are known as "constitutional officers." State law requires a special election to fill a vacancy in a constitutional office, unless it becomes vacant less than 12 months before the term was supposed to end.
*city manager
*clerk of council/ chief of staff
*city attorney
*school superintendent
==Mayor==
The mayor is a member of city council and is elected by the city council to two-year terms. He or she presides over council meetings and official city ceremonies. The mayor's principal responsibility is presiding over council meetings and representing the city in various ways. The mayor does not have any responsibility for administering the affairs of the city. The direction of the city's administration is the responsibility of the city manager.
==Dillon’s Rule==
A rule of judicial interpretation of the legal powers of local government in Virginia. Local government has only those powers that have been explicitly granted by state government.
==City manager==
The city manager, who serve at the pleasure of the elected council, is the city's chief executive.  The responsibilities of the city manager include overseeing the city's day-to-day operations, planning and implementing the city's operating budget, and appointing departmental directors and other senior-level positions.
==Boards and commissions==
A series of advisory boards and commissions that are made up of non-elected citizens, whom city council members have appointed and approved, advises the Charlottesville City Council. The roles of these boards and commissions are to review, debate, and comment upon city policies and legislation and to make recommendations to the city council.  
For a full list of Charlottesville’s city boards and commissions, [[List of Boards and Commissions |see here]]


==Related Charlottesville offices==
==Expulsion==
=== Constitutional officers===
No section of the city’s charter allows for expulsion of a member of the council or the school board.
Elected Officials: The Virginia Constitution directs that each county and city will elect a sheriff, a clerk of the circuit court, a commonwealth’s attorney, a commissioner of the revenue, and a treasurer. Each office operates separately from the local government. Charlottesville’s five Constitutional Officers are elected by the voters at large.  Each officer serves a four-year term, except for the Clerk of the Circuit Court, who serves an eight-year term.  
==Residency requirement==
Charlottesville has the same set of constitutional officers as Albemarle County, although a city’s charter may eliminate some of these positions. In addition, their duties may be more restricted. For example, Charlottesville has its own police forces. Unlike the sheriff in most counties, the city sheriff does not have the responsibility for general law enforcement but serves as keeper of the city jail and bailiff of the courts. As in counties, city constitutional officers are elected at large.
The charter for the City of Charlottesville requires that elected local officials must live within the city limits. The residency requirement in the charter applies to incumbents as well as to candidates for office. If an elected official moves their official residence out of the city limits, the official must vacate the office and allow for a replacement to be chosen.
# The Clerk of the Circuit Court is elected for an eight-year term and serves as the chief administrative officer of court operations  The Clerk serves as the recorder of deeds and probate judge, issues marriage licenses and is the official court administrator for all civil and criminal court cases. In this latter capacity, the Clerk creates and maintains all court files and records, prepares court orders and jury lists, contacts jurors and issues summons and court processes. The Clerk is responsible for managing and keeping records of court proceedings; collecting fines; recording and keeping land records and transfer of land ownership records such as deeds and mortgages; the custody of subdivision plats and land tract maps; the sale of hunting, fishing, and marriage licenses; and administering oaths and keeping disclosure statements.
In January 2019, city school board member [[Amy Laufer]] resigned after moving out of the city. <ref>{{cite web|title=Laufer resigns from city School Board; McKeever elected as chairwoman|url=https://www.cvilletomorrow.org/articles/laufer-resigns-from-city-school-board-mckeever-elected-as-chairwoman|author=Josh Mandell|work=News Article|publisher=Charlottesville Tomorrow|location=|publishdate=January 10, 2019|accessdate=January 14, 2019}}</ref> Former member and chair [[Ned Michie]] returned to the board on an interim basis to replace Laufer, but did not want to run for a full term. Laufer (Democratic Party) ran for election to the Virginia State Senate to represent [[District 17]]. She lost in the general election on November 5, 2019.
# The [[Treasurer]] is elected for a four-year term and is responsible for the collection, custody, and disbursement of county funds. They are also responsible for the custody of certain state funds which flow through the county offices. Under several optional forms of government, the Treasurer is replaced by an appointed Director of Finance.
==Felony conviction==
# The [[Commissioner of Revenue]] is elected for a four-year term and is charged with assessing local taxes including the preparation of the real estate and personal property tax books and tax bills. Like the [[Treasurer]], under several optional forms of government the Commissioner of the Revenue is replaced by an appointed Director of Finance.
Under Virginia law, a convicted felon can't run for or hold public office until his/her rights are restored. Any person convicted of a felony automatically loses certain civil rights, including the right to vote; to run for and hold public office; to serve on a jury and to serve as a notary public. (*)
# The [[Commonwealth's Attorney]] is elected for a four-year term and is the state’s attorney for the prosecution of local criminal offenses.
::(*) The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
# The [[Sheriff]] is elected for a four-year term. The [[Office of the Sheriff]] is responsible for handling civil process of legal papers, inmate transportation, mental patient transportation for the [[Charlottesville Police Department]] through a cooperative agreement, and provides security for Charlottesville Circuit and General District Courts. ] With the establishment of the [[Charlottesville Police Department]], the [[Office of the Sheriff]] is relieved from criminal law enforcement activities, including maintaining order at meetings of the City Council as directed by the mayor.
==Early election==
No section of the city’s charter allows for voters to recall officials before their term is completed via an early election.  
==Recall==
The state does have a unique "recall trial" process. Circuit Court judges have the authority to remove local elected officials, if they determine the person has violated standards of conduct. A petition must be signed by 10% of the total number of votes cast at the last election for the office involved, and a specific cause must be cited in a petition to the judge.
Virginia is one of the few states that does not use recall elections to remove elected officials. The process, while requiring citizen petitions, calls for a “recall trial” rather than an electionAfter a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. <ref>https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-233/</ref>
===Recall reasons===
§ 24.2-233. Removal of elected and certain appointed officers by courts. https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-233/
Code § 24.2-233 states acceptable reasons for recall when it has "material adverse effect upon the conduct of the office" include:
*Neglect of duty
*Misuse of office
*Incompetence in the performance of duties
Other acceptable reasons include:
*Conviction of a misdemeanor relating to drugs
*Conviction of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5


==School Board==
===Recall campaigns===
The Constitution of Virginia places the responsibility for the supervision of schools in each [[school division]] with a School Board. Prior to 1994, all the School Boards serving city school divisions were appointed by city council.  However, as a result of the 1992 legislation most of Virginia’s cities established a process for the election of school board members. An amendment to Charlottesville’s charter establishes a process for election of school board members at-large by the voters. Charlottesville’s city council is responsible for the appointment of a division School Superintendent from a list of persons certified to be eligible for such a position by the State Board of Education. The School Superintendent is responsible for a variety of administrative and instructional functions, including the employment of teachers and the supervision of educational programs.<ref>http://578125292684560794.weebly.com/constitutional-officers.html</ref>
*'''Mayor and city council recall (2017)'''
===Virginia Congressional Delegation===
*'''Vice-mayor [[Wes Bellamy]] recall (2017)'''
===Virginia State Legislature===
:In February [[2017]], in an effort to recall Vice-mayor [[Wes Bellamy]] from his seat on the [[Charlottesville City Council]], local activist [[Jason Kessler]] filed a petition which included 597 signatures (this number being over 10% of votes Bellamy received in the last election). Kessler believed he had submitted enough signatures to the circuit court to force a “recall trial.” In March [[2017]], Judge [[Richard Moore]] dismissed Kessler's petition due to a lack of sufficient number of signatures. While Bellamy individually received 4,688 votes in the [[2015 election]], records show a turnout of 15,798 votes in the election for the office being recalled. In that election, three City Council seats were open, allowing each voter to cast as many as three votes. Anyone wanting to file a new petition, would need to recollect any signatures that were previously obtained.
===Virginia state executive offices===
::Virginia has an unusual recall provision called a “recall trial.” No other state has this provision. Under the provisions of § 24.1-165 of the Code of Virginia, the recall trial standard would require voters gather signatures equal to 10% of turnout in the last election for the office being recalled. Then, instead of a public vote, a judge would hold a trial to determine if the elected official violated a specified list of statutory rules. The list includes neglect of duty, misuse of office, incompetence and conviction on a number of misdemeanors. There are very few ''recall trials'' in Virginia history.
==Elections==
===2018===
See also: [[2018 election]]
The city of Charlottesville held general elections for city council on May 1, 2018.
===2017===
See also: [[2017 election]]
The city of Charlottesville held elections for commissioner of revenue, commonwealth attorney, sheriff, and treasurer on November 7, 2017. A primary election took place on June 13, 2017. The filing deadline for candidates who wished to run in the primary was March 30, 2017. The filing deadline for independent candidates was June 13, 2017.
2016
==Census information==


==Referendum==
*'''Albemarle supervisor [[Chris Dumler]] recall (2013)'''
A Referendum is a direct public vote at an election on a specific issue.
==City council vacancy==
==Budget==
===Councilor vacancy===
Budget-Annual statement of a local government’s revenues and expenditures prepared by the manager and enacted by the local governing body. The budget must provide for balanced expenditures and revenues.
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. If a majority of the remaining members of the body or board cannot agree, or do not act, the judges of the circuit court of the county or city may make the appointment. <ref>https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-228/</ref>
===2018===
Since the Virginia has a general election every year in November and repeal of sections of the City Charter granted by the General Assembly in 2020 changed municipal elections from May to November - That means that the term of an appointed, rather than an elected, member is limited to less than a year, and the local jurisdiction does not have to pay for a special election.
Highlights from the 2018 adopted budget included:
Historically, when a city elected official vacated their office, the remaining members of the city council, school board, county board of supervisors, or Soil and Water Conservation Districts appointed a former member as replacement to serve until the next general election.  The premise being, all members are elected at-large rather than by political party or ward, so all voters were still represented.
===2017===
In [[1943]], at the request of city council, [[Fred L. Watson]], who had dropped off the council for several years after his second term ended in [[1932]], returned to fill out the unexpired term of [[Charles P. Nash]], who had resigned to accept duty in the Marine Corps. Watson was re-elected by city voters in [[1944]], while Captain Nash was reappointed to the Council in [[1946]] upon his return from military service, to fill out the unexpired term of [[W. S. Hildreth]].
*The assessed value of commercial properties in Charlottesville increased almost 30 percent, which the city assessor said will cause taxes on those properties to also increase about 30 percent, depending on the tax rate.<ref>http://www.nbc29.com/story/34412911/taxes-may-increase-by-30-for-charlottesville-businesses</ref>
===Mayor vacancy===
===2007===
Should a vacancy occur in the office of mayor, the council is to elect one of its members as mayor for the remainder of “the term.”  According to 2020 city charter amendments:  “At its first meeting in January 2022 and biennially thereafter, the council shall elect one of its members to act as mayor, who shall preside at its meetings and continue in office two years.
*Charlottesville's adopted operating budget for fiscal year 2007 was $ 142,556,639, a 1.11% increase the over prior year.
§ 8. Vacancy in office of mayor or councilor; vacation of office.
==Lobbying==
Whenever, from any cause, a vacancy shall occur in the office of mayor, the council shall elect one of its members as mayor for the remainder of the term. A vacancy in the office of councilor shall be filled by that body in accordance with the general laws of the Commonwealth. An entry of said election shall be made in the journal of proceedings and the General Ordinance Book. If the mayor or a councilor shall remove from the city limits, such removal shall operate to vacate such mayor's or councilor's office. (1946, c. 384; 2020, cc. 813, 814)
==Issues in the city==
==Constitutional officers vacancy==
==City website==
Local officials in Virginia also include Treasurer, Commissioner of the Revenue, Sheriff, Commonwealth's Attorney, and Clerk of the Circuit Court. These five positions are known as "constitutional officers." State law requires a special election to fill a vacancy in a constitutional office, unless it becomes vacant less than 12 months before the term was supposed to end.
*City council members are listed with contact information.
The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, for the remainder of the unexpired term.
*Meeting minutes are posted, along with schedules and guidelines for meeting participation.
24.2-228.1. Election to fill vacancy in constitutional office," Title 24.2. Elections - Chapter 2. Federal, Commonwealth, and Local Officers - Article 6. Vacancies in Elected Constitutional and Local Offices, Code of Virginia, https://law.lis.virginia.gov/vacode/24.2-228.1/;
*Taxes are payable online.
*Tax rates are posted for real estate taxes and personal property taxes.
*Bid opportunities are posted.
*Bid awards are posted.
*Administrative officials are listed with contact information within department pages.
*Budgets are posted.
*Audits are available.
*The city posts its lobbying agenda.
*Zoning information and maps are posted.
*Building permits are posted.
*The amount spent on Taxpayer-funded lobbying is not posted.
*No information is available on public records requests.
 
{{stub}}
==References==
{{reflist}}
 
==External links==
[http://www.charlottesville.org/ |Charlottesville official website]
[http://www.charlottesville.org/departments-and-services/departments-a-g/city-council |Office of the Mayor]
[http://www.charlottesville.org/departments-and-services/departments-a-g/city-council |City Council]
[http://www.charlottesville.org/departments-and-services/departments-a-g/budget-and-performance-management | City Budget]
[https://law.lis.virginia.gov/charters/charlottesville/|Charlottesville City Charter and Code]
 
[[Category: Government]]

Revision as of 00:30, 18 February 2021

Replacing Local Officials

If a local elected official leaves office, the remaining members typically appoint a replacement to serve until the next general election. City of Charlottesville is served locally by the following officials: A five-member City Council, including the Mayor A seven-member elected School Board Thomas Jefferson Soil & Water Conservation District Directors Elected Constitutional Officers Commissioner of Revenue A Treasurer Sheriff Commonwealth’s Attorney Circuit Court Clerk

Albemarle County is served locally by the following officials: A six-member Board of Supervisors A seven-member elected School Board Elected Constitutional Officers Sheriff Commonwealth’s Attorney Circuit Court Clerk

Local officials in Virginia include Treasurer, Commissioner of the Revenue, Sheriff, Commonwealth's Attorney, and Clerk of the Circuit Court. These five positions are known as "constitutional officers." State law requires a special election to fill a vacancy in a constitutional office, unless it becomes vacant less than 12 months before the term was supposed to end.

Expulsion

No section of the city’s charter allows for expulsion of a member of the council or the school board.

Residency requirement

The charter for the City of Charlottesville requires that elected local officials must live within the city limits. The residency requirement in the charter applies to incumbents as well as to candidates for office. If an elected official moves their official residence out of the city limits, the official must vacate the office and allow for a replacement to be chosen. In January 2019, city school board member Amy Laufer resigned after moving out of the city. [1] Former member and chair Ned Michie returned to the board on an interim basis to replace Laufer, but did not want to run for a full term. Laufer (Democratic Party) ran for election to the Virginia State Senate to represent District 17. She lost in the general election on November 5, 2019.

Felony conviction

Under Virginia law, a convicted felon can't run for or hold public office until his/her rights are restored. Any person convicted of a felony automatically loses certain civil rights, including the right to vote; to run for and hold public office; to serve on a jury and to serve as a notary public. (*)

(*) The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.

Early election

No section of the city’s charter allows for voters to recall officials before their term is completed via an early election.

Recall

The state does have a unique "recall trial" process. Circuit Court judges have the authority to remove local elected officials, if they determine the person has violated standards of conduct. A petition must be signed by 10% of the total number of votes cast at the last election for the office involved, and a specific cause must be cited in a petition to the judge. Virginia is one of the few states that does not use recall elections to remove elected officials. The process, while requiring citizen petitions, calls for a “recall trial” rather than an election. After a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. [2]

Recall reasons

§ 24.2-233. Removal of elected and certain appointed officers by courts. https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-233/ Code § 24.2-233 states acceptable reasons for recall when it has "material adverse effect upon the conduct of the office" include:

  • Neglect of duty
  • Misuse of office
  • Incompetence in the performance of duties

Other acceptable reasons include:

  • Conviction of a misdemeanor relating to drugs
  • Conviction of a misdemeanor involving a "hate crime" as that term is defined in § 52-8.5

Recall campaigns

  • Mayor and city council recall (2017)
  • Vice-mayor Wes Bellamy recall (2017)
In February 2017, in an effort to recall Vice-mayor Wes Bellamy from his seat on the Charlottesville City Council, local activist Jason Kessler filed a petition which included 597 signatures (this number being over 10% of votes Bellamy received in the last election). Kessler believed he had submitted enough signatures to the circuit court to force a “recall trial.” In March 2017, Judge Richard Moore dismissed Kessler's petition due to a lack of sufficient number of signatures. While Bellamy individually received 4,688 votes in the 2015 election, records show a turnout of 15,798 votes in the election for the office being recalled. In that election, three City Council seats were open, allowing each voter to cast as many as three votes. Anyone wanting to file a new petition, would need to recollect any signatures that were previously obtained.
Virginia has an unusual recall provision called a “recall trial.” No other state has this provision. Under the provisions of § 24.1-165 of the Code of Virginia, the recall trial standard would require voters gather signatures equal to 10% of turnout in the last election for the office being recalled. Then, instead of a public vote, a judge would hold a trial to determine if the elected official violated a specified list of statutory rules. The list includes neglect of duty, misuse of office, incompetence and conviction on a number of misdemeanors. There are very few recall trials in Virginia history.

City council vacancy

Councilor vacancy

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. If a majority of the remaining members of the body or board cannot agree, or do not act, the judges of the circuit court of the county or city may make the appointment. [3] Since the Virginia has a general election every year in November and repeal of sections of the City Charter granted by the General Assembly in 2020 changed municipal elections from May to November - That means that the term of an appointed, rather than an elected, member is limited to less than a year, and the local jurisdiction does not have to pay for a special election. Historically, when a city elected official vacated their office, the remaining members of the city council, school board, county board of supervisors, or Soil and Water Conservation Districts appointed a former member as replacement to serve until the next general election. The premise being, all members are elected at-large rather than by political party or ward, so all voters were still represented. In 1943, at the request of city council, Fred L. Watson, who had dropped off the council for several years after his second term ended in 1932, returned to fill out the unexpired term of Charles P. Nash, who had resigned to accept duty in the Marine Corps. Watson was re-elected by city voters in 1944, while Captain Nash was reappointed to the Council in 1946 upon his return from military service, to fill out the unexpired term of W. S. Hildreth.

Mayor vacancy

Should a vacancy occur in the office of mayor, the council is to elect one of its members as mayor for the remainder of “the term.” According to 2020 city charter amendments: “At its first meeting in January 2022 and biennially thereafter, the council shall elect one of its members to act as mayor, who shall preside at its meetings and continue in office two years.” § 8. Vacancy in office of mayor or councilor; vacation of office. Whenever, from any cause, a vacancy shall occur in the office of mayor, the council shall elect one of its members as mayor for the remainder of the term. A vacancy in the office of councilor shall be filled by that body in accordance with the general laws of the Commonwealth. An entry of said election shall be made in the journal of proceedings and the General Ordinance Book. If the mayor or a councilor shall remove from the city limits, such removal shall operate to vacate such mayor's or councilor's office. (1946, c. 384; 2020, cc. 813, 814)

Constitutional officers vacancy

Local officials in Virginia also include Treasurer, Commissioner of the Revenue, Sheriff, Commonwealth's Attorney, and Clerk of the Circuit Court. These five positions are known as "constitutional officers." State law requires a special election to fill a vacancy in a constitutional office, unless it becomes vacant less than 12 months before the term was supposed to end. The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, for the remainder of the unexpired term. 24.2-228.1. Election to fill vacancy in constitutional office," Title 24.2. Elections - Chapter 2. Federal, Commonwealth, and Local Officers - Article 6. Vacancies in Elected Constitutional and Local Offices, Code of Virginia, https://law.lis.virginia.gov/vacode/24.2-228.1/;