Title
Resolution Directing City Attorney to File a Petition with the Circuit Court Regarding Vacancy in Constitutional Office of the Commissioner of the Revenue
Purpose
PURPOSE/BACKGROUND:
The Commissioner of the Revenue is retiring effective December 31, 2024 and it is necessary to fill the position until his duly elected term expires on December 31, 2025.
Discussion:
Impact:
Recommendation:
Rec
Approval of this resolution to appoint an interim Commissioner of the Revenue.
Body
WHEREAS, Ross A. Mugler has served as the duly elected Commissioner of the Revenue for the City of Hampton since 1992, having been last elected on November 2, 2021; and
WHEREAS, Commissioner Mugler notified the Mayor of the City of Hampton of Commissioner Mugler's intent to retire effective December 31, 2024; and
WHEREAS, Commissioner Mugler's current term in office expires December 31, 2025, which is exactly 12 months after the date of his retirement; a new Commissioner of the Revenue will be elected for a full four-year term at the next general election in November 2025; and
WHEREAS, in accordance with Virginia Code § 24.2-228.1, within 15 days of the occurrence of a vacancy in an elected constitutional office, City Council is required to file a petition with the circuit court requesting a special election to fill the vacancy; however, if the vacancy occurs within 12 months immediately preceding the end of the term of that office, City Council may petition the circuit court to request that no special election be ordered; and
WHEREAS, Virginia Code § 24.2-228.1 further provides that, upon occurrence of a vacancy in an elected constitutional office, the highest-ranking deputy officer, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of that office either until the vacancy is filled by special election or for the remainder of the unexpired term if no special election is ordered; and
WHEREAS, the highest-ranking deputy in the Office of the Commissioner of the Revenue is Chief Deputy Karen Bever, who is a Hampton resident qualified to vote for and hold the office of Commissioner of the Revenue and who has consented to serve in that capacity upon Commissioner Mugler's retirement; and
WHEREAS, City Council desires to ensure the continuous and efficient operation of the Office of the Commissioner of the Revenue through the end of the current term, and to avoid the cost of a special election less than 12 months prior to the next general election at which a new Commissioner of the Revenue will be elected;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia, as follows:
1. In accordance with Virginia Code § 24.2-228.1(B), the City Attorney is directed to file a petition with the circuit court requesting that no special election be ordered, and that Chief Deputy Karen Bever be confirmed as the Interim Commissioner of the Revenue, effective January 1, 2025, to serve the remainder of unexpired term ending December 31, 2025.
2. The City Attorney is directed to prepare, and the City Manager is authorized to execute a Memorandum of Understanding between the City of Hampton and Karen Bever, in her capacity as Interim Commissioner of the Revenue, to ensure that the city may continue to provide personnel services to the Office of the Commissioner of the Revenue upon Commissioner Mugler's retirement.