Title
Resolution Requesting the Virginia General Assembly to Amend the Charter of the City of Hampton, Virginia Pertaining to the Resignation of Councilmembers Running for the Office of Mayor in Order to Align the Effective Resignation Date with the Date of the Municipal General Election
Purpose
PURPOSE/BACKGROUND:
At its July 14, 2021 meeting, the City Council adopted an ordinance, as required by the Code of Virginia, to provide for the transition of elections for the positions of mayor, members of the city council, and members of the school board to the November general election date from the May general election date.
As a result of this change in state law, a Hampton City Charter provision, which requires certain councilmembers to resign their council seat in order to run for mayor, will no longer operate as intended. Specifically, section 3.01:2 of the Charter provides that a councilmember desiring to become a candidate for the office of mayor, who is not elected on the same election cycle as the mayor, must tender his or her resignation at least ten days prior to the final date for filing petitions and notices of acceptance as specified by general law, with such resignation to be effective on June 30 of the election year. This June 30 resignation date was intended to allow for the two-year remainder term of the vacant City Council seat to be filled by Hampton voters during the general election in the preceding May, rather than by an interim appointment by City Council members or by the Circuit Court.
If left unchanged, the City Charter will continue to require councilmembers to resign effective June 30 in an election year, which will be 6 months before the seat could be filled by the November general election (January 1). This will require the City Council to make an interim appointment to fill the vacancy. Accordingly, the City Council desires to amend the Charter such that the resignation will instead be effective on December 31 following the November...
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