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The '''Charlottesville City Council (2020-2021)''' is the current governing body of the City of Charlottesville which sCharlottesville City Council (2020-2021)
Replacing Local Officials


==Council’s configuration & power==
If a local elected official leaves office, the remaining members typically appoint a replacement to serve until the next general election.
Since [[1928]], the council has been composed of five councilor members, one of whom serves as mayor. Each member is elected at-large, by voters to four-year, staggered terms.
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


Following the [[2019 election]], held on [[November 5]], [[2019]], three new members, [[Lloyd Snook]], [[Sena Magill]] and [[Michael Payne]], each took their oath of office on [[December 19]], [[2019]], allowing them to assumed full duties immediately on [[January 1]], [[2020]] and thereby filling the seats being vacated by [[Mike Signer]], [[Wes Bellamy]] and [[Kathy Galvin]] who each declined to seek re-election.
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


<gallery perrow=5 caption="Charlottesville City Council (2020-2021); Term runs from January 1, 2020 to December 31, 2021">
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.
File:2020-Nikuyah Walker.JPG|[[Nikuyah Walker]] (I), Member Since: January 2018; Next Election: November 2, 2021
File:2020-Heather Hill.JPG|[[Heather Hill]] (D), Member Since: January 2018; Next Election: November 2, 2021
File:2020-Sena Magill.JPG|[[Sena Magill]] (D), Member Since: January 2020; Next Election: November 2023
File:2020-Lloyd Snook.JPG|[[Lloyd Snook]] (D), Member Since: January 2020; Next Election: November 2023
File:2020-Michael Payne.JPG|[[Michael Payne]] (D), Member Since: January 2020, Next Election: November 2023
</gallery>
==Council president (mayor)==
Charlottesville is a city manager-weak mayor form of local government, the positions of mayor and vice mayor largely are ceremonial. The President of City Council (called mayor) is elected by the five members of Council at the beginning of each two-year Council term and serves until the next election. [[Nikuyah Walker]], an independent, won a second term as president of the council (mayor). Councilor [[Sena Magill]] (D) was selected as vice mayor.


==<div id=City Officers>City Officers==
==Expulsion==
Council's most significant role is to enact laws, to adopt the city's operating budget and to hire the [[City Manager]] to run most city operations. Council is in charge of policy oversight and also hires the [[Chief of Staff/Clerk of Council]], [[Director of Finance]] and the [[Real Estate Assessor]]. Council has an advisory role in appointing the [[City Attorney]] <ref>https://www.cvilletomorrow.org/articles/council-decides-on-process-for-hiring-city-attorne, Council decides on process for hiring city attorney, Charlottesville Tomorrow, Sean Tubbs, April 14, 2018, May 22, 2019</ref>and the [[Chief of Police]]. Council also has the authority to decide who sits on various city boards and commissions. As a result, City Council has significant influence in shaping city policies and programs.
No section of the city’s charter allows for expulsion of a member of the council or the school board.  
Among the officers and clerks who have served at the pleasure of the Charlottesville City Council (2020-2021):
==Residency requirement==
===[[City Manager]]===
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 City Manager, appointed by the City Council, acts as the City’s Chief Executive Officer. The City Council delegates broad administrative power to the City Manager subject to its review. Qualifications, powers and duties of the City Manager are provided for in the City Charter.  
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.
*[[Tarron Richardson]], (as of May 13, 2019)<ref name="resume">{{cite web|title=Packet for March 6, 2019 public interviews of managerial candidates|url=http://www.charlottesville.org/home/showdocument?id=64602|author=|work=|publisher=|location=|publishdate=March 5, 2019|accessdate=March 6, 2019}}</ref>  
==Felony conviction==
===[[Chief of Staff/Clerk of Council]]===
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. (*)
Formerly referred to as the [[City Council Clerk]], the position was expanded by the
::(*) The Constitution of Virginia gives the Governor the sole discretion to restore civil rights, not including firearm rights.
*[[Kyna Thomas]] (as of January 28, 2019)
==Early election==
===[[City Finance Director]]===
No section of the city’s charter allows for voters to recall officials before their term is completed via an early election.  
The Chief Operating Officer/Chief Financial Officer assists the City Manager in the operational and financial aspects of all City functions and coordinates  interdepartmental activities.
==Recall==
*[[Chris Cullinan]], (as of December 1, 2014)
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.
===City Assessor===
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. <ref>https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-233/</ref>
*[[Jeffrey S. Davis]] (appointed December 7, 2015)<ref>https://www.charlottesville.org/home/showdocument?id=36287</ref>
===Recall reasons===
===[[City Attorney]]===
§ 24.2-233. Removal of elected and certain appointed officers by courts. https://law.lis.virginia.gov/vacode/title24.2/chapter2/section24.2-233/
*[[John C. Blair]] (as of August 15, 2018)
Code § 24.2-233 states acceptable reasons for recall when it has "material adverse effect upon the conduct of the office" include:
===[[Charlottesville Police Chief|City Police Chief]]===
*Neglect of duty
*[[RaShall M. Brackney]], (as of May 21, 2018)<ref>{{cite-progress|title=Brackney officially chosen as Charlottesville police chief|url=http://www.dailyprogress.com/news/local/city/brackney-officially-chosen-as-charlottesville-police-chief/article_76636d9e-5d4b-11e8-bea8-4b7360f5ca56.html|author=Chris Suarez|pageno=|printdate=May 22, 2018|publishdate=May 21, 2018|accessdate=May 28, 2018}}</ref>  
*Misuse of office
*[[Thierry Dupuis]], interim (January 2, 2018 to May 21, 2018) <ref>{{cite-progress|title=Charlottesville names Thierry Dupuis interim police chief|url=https://www.dailyprogress.com/news/local/charlottesville-names-thierry-dupuis-interim-police-chief/article_a8c6bc26-eb24-11e7-9196-57bbe11f43a0.html|author=The Daily Progress staff|pageno=|printdate=Dec 27, 2017|publishdate=Dec 27, 2017|accessdate=October 25, 2019}}</ref>
*Incompetence in the performance of duties
*Deputy Chief [[Gary Pleasants]], temporarily (December 18, 2017 to January 2, 2018)<ref>{{cite-progress|title=Charlottesville names Thierry Dupuis interim police chief|url=https://www.dailyprogress.com/news/local/charlottesville-names-thierry-dupuis-interim-police-chief/article_a8c6bc26-eb24-11e7-9196-57bbe11f43a0.html|author=The Daily Progress staff|pageno=|printdate=Dec 27, 2017|publishdate=Dec 27, 2017|accessdate=October 25, 2019}}</ref>
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 Members===
===Recall campaigns===
The city has an elected at-large school board. Prior to 2006, members of the [[Charlottesville City School Board]] were appointed by the City Council.  
*'''Mayor and city council recall (2017)'''
===Appointment of advisory boards, committees and commissions===
*'''Vice-mayor [[Wes Bellamy]] recall (2017)'''
'''''refer to Main Article: [[List of Boards and Commissions]]'''''
: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 Standing Committee assignments (2020 &ndash; 2021)===
*'''Albemarle supervisor [[Chris Dumler]] recall (2013)'''
 
==City council vacancy==
 
===Councilor vacancy===
==Advisory City Council Committees==
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>
Most, but not all, of Council's standing committees are organized into specific policy areas. The committees each have a chair, vice chair and a minimum of 3 members. They consider policy areas that are directed to them by the Council. The committees report back to the full Council on their work. The standing committees have special rules for appointing leadership and members. All five Council members serve on the various Committees. City Council Committees do not replace the City Council as final decision makers on behalf of the full City Council.
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.
===Boards & Committees===
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 electionThe premise being, all members are elected at-large rather than by political party or ward, so all voters were still represented.
The City Council appoints various boards, commissions, and committees to support the City Council in the policymaking and decision making processes. One or two City Council members may serve on a committee as a representative of, or liaison to, the City Council.
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]].
===Compensation===
===Mayor vacancy===
Committee members are not compensated for their serviceCity Council members are compensated for their service but do not receive any additional compensation for serving on a standing committee, ad hoc committee, or other committee.
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.
==City population==
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)
Population as of most recent census (April 1, 2010): 43,475
==Constitutional officers vacancy==
*According to the current data from [https://www.census.gov/quickfacts/charlottesvillecityvirginiacounty U.S. Census Bureau Quickfacts], the estimated population in 2018 was 48,117, which represents a 10.67% population growth since the last census.
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 area within the city limits was 10.27 square miles, giving it a population density of about 4,600 people per square mile. Relative to local populations, Charlottesville has one seat for every 8,700 residents.
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.
*As for historically under-represented groups, the city has about the same percentage of blacks in council as in the general populations; in Charlottesville, blacks makeup 18.3 percent of the population <ref>https://www.census.gov/quickfacts/charlottesvillecityvirginiacounty</ref> and 20 percent of the council.
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/;
*Elections are non-partisan elections
*The council post videos of council meetings online as well as searchable databases of legislation.  
*Council does not post members’ personal financial disclosure statements or lobbying records.
 
==Salaries==
Charlottesville has one of the highest average salaries for council members in Virginia, $xx,xxx council, $xx,xxx mayor.
Total budget including employee benefits Council consumes x.xx percent of city general-fund spending. Advisory City Council Committee members are not compensated.
 
Charlottesville City Council (2018-2019)
 
Budget per resident
 
Charlottesville's average council tenure at the end of 2019 was xx.x years while first-term members held xx percent of the seats
 
[[Frank Buck]] had been in office 8 years, longer than any other Charlottesville City Council member since at least 1920, and xxx other members have served for more than xx years.
 
council consumes 1.01 percent of city general-fund spending

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/;