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 fille...
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