Connect with us

Local Government

Questions about time frame for filling council vacancy answered – 45 days, plus …

Published

on

Vague language in the Town Charter created confusion for some about the swearing-in deadline for the Front Royal Town Council seat vacated by the special election of Eugene Tewalt as mayor.

By a 4-0 vote (Thompson absent, Tewalt’s seat vacant) on January 6, council appointed local public school educator Lori Athey Cockrell to fill Tewalt’s unexpired council term four days before the 45-day deadline expired. However, while present Cockrell remained unseated for council’s January 13 meeting and work session. She explained to Royal Examiner that she had not yet been sworn in.

The Town Charter and State Codes agree that the town council has 45 days to fill the vacancy before the appointment authority would transfer to the local Circuit Court judiciary.
However, wording in the Town Charter that could be interpreted as indicating the vacant seat should be occupied within the 45 day time frame led several citizens to ask Royal Examiner if the failure to have Cockrell sworn in by January 10, the 45th day since Tewalt created the vacancy to be sworn in as mayor on November 26, meant appointment authority had transferred to the Warren County Circuit Court.

Imprecise Town Charter wording raised questions about whose authority presides over council vacancy appointments after 45 days if appointee not yet sworn in – the courts or town council. Royal Examiner Photos/Roger Bianchini

 

The Town Charter, Chapter 1-D wording in question reads, “The council may fill any vacancy that occurs in the membership of the council for the unexpired term, provided that such vacancy is taken within 45 days of the office becoming vacant”. With impeachment a hot current topic on the federal political scene, one is reminded of the Clinton Impeachment Trial question, “What is, is?”, or in this case more appropriately, what exactly does “is taken” mean?

The short answer after discussion with Town Attorney Doug Napier and Circuit Court Clerk Angie Moore is that “is taken” means the appointment was legally voted on and a council decision made. So, council’s unanimous January 6 vote – Thompson later said she would have voted with her colleagues for Cockrell’s appointment – to appoint the long-time county public school educator stands – as long as she is sworn in by someone authorized to do so within 30 days of her appointment, as State Codes mandate.

On Wednesday, January 15, Circuit Court Clerk Moore said her office had received verification of Cockrell’s appointment from the town government the previous day, eight days after it was made. Moore verified that Cockrell could now be sworn in by a judge, her as Circuit Court Clerk or someone within the town government so authorized. Chapter 10 of Town Charter state that the mayor, town clerk, treasurer or town manager all “have the power to administer oaths”.

So, one would guess that Cockrell will be, not only present as a note-taking observer at council’s next scheduled meeting, a January 21st work session at Town Hall, but “signed, sealed and delivered” to her appointed council seat.

Still waiting to be sworn in, Lori Athey Cockrell was present as a citizen observer at January 13 council meeting and work session.

 

We asked the town attorney if it might be worth a wording tweak to that relevant and less than grammatically precise Town Charter section to prevent this question from ever resurfacing. We suggested that perhaps the words “action on” should be added to the phrase “provided that (action on) such vacancy is taken within 45 days”.

However, Napier noted a long history of legal interpretation supporting the intent of that section meaning the council decision be made within the 45-day timeframe. He called that legal precedent perhaps adequate and preferable to the somewhat lengthy and legally tedious seeking of State General Assembly approval of even such minor changes to Town Charters. Responding to a Royal Examiner question, Napier said he believed the Charter wording in question dated to 1937.

So, 83 years later thanks to that history of legal interpretation of a vaguely written Town Charter section, council’s appointment of Cockrell stands – as long as she is sworn in and seated in the next 24 days.

As previously reported, she will not be the first in her family so seated. Her brother Clifford L. “Clay” Athey Jr. is not only a former Front Royal Councilman and Mayor, but also an 18th District State Delegate, Circuit Court judge and current Virginia Appeals Court judge. Her sister Kim is a Domestic Relations Court Judge after a career, like her brother, as an attorney locally.

While awaiting her turn in the council interview process, Cockrell noted she was nearing retirement from her career in public education and would have time to devote to the political sphere of her community. Welcome to the machine, Lori – and good luck.

Front Royal, VA
46°
Clear
6:42 am5:10 pm EST
Feels like: 46°F
Wind: 1mph N
Humidity: 84%
Pressure: 30.27"Hg
UV index: 0
WedThuFri
75°F / 61°F
75°F / 55°F
66°F / 48°F
Obituaries10 hours ago

Fay G. Ingles (1937 – 2026)

Obituaries10 hours ago

John McLane “Johnny” Cole (1943 – 2026)

Obituaries10 hours ago

Joyce Ellen Meadows Powell (1947 – 2026)

Local News10 hours ago

Oops All Berries Takes Spotlight in Virginia Breeders Fund “Day of Champions” Card at Shenandoah Downs 

Health12 hours ago

Lung Cancer Often Has No Early Warning Signs: UVA Health Expert Urges Virginians to Get Screened

State News18 hours ago

Virginia Governor Pledges Overhaul of Outdated K-12 School Funding Formula

National News18 hours ago

Explosive Spending, Ugly Ads and Courtroom Battles Set Stage for Tense Midterm Elections

Interesting Things to Know20 hours ago

Girl Scout Cookie Season Is Going to the Dogs in 2027

Opinion1 day ago

Rules for Me, But Not for Thee?

National News1 day ago

‘Medically Frail’ Medicaid Enrollees Won’t Have to Prove Their Inability to Work to Keep Coverage

Interesting Things to Know1 day ago

Ask Stewart: Why Is Front Royal a Tree City USA?

Interesting Things to Know2 days ago

A Fallen Tree in Washington, D.C., Becomes an Unlikely Memorial

Community Events2 days ago

Costumes, Candy and Community Spirit Fill Downtown Front Royal for Hometown Halloween

Local News3 days ago

Leslie Fox Keyser Elementary School Students Celebrate Heroes Day at the End of Red Ribbon Week

Opinion3 days ago

One More Parking Space. At What Cost?

Local News3 days ago

VDOT: Warren County Traffic Alert for Nov. 2 – 6, 2026

Jefferson Forum3 days ago

Reforming Virginia’s School Funding Formula an Idea Whose Time Has Come

Historically Speaking3 days ago

Israel: Zionism and Nationalism

Obituaries3 days ago

Nancy Lee McGowan (1933 – 2026)

Interesting Things to Know3 days ago

A Houseplant That Glows Without a Light Bulb

EDA in Focus3 days ago

Federal Judge Elizabeth Dillon Takes McDonald New Trial Motion’s Arguments Under Consideration After Friday Hearing

Local News4 days ago

Virginia State Police Report Nearly $396,000 in Drug Seizures During Weeklong Operations

Business Growth Series4 days ago

Business Growth Series: Stress Is Slowing Your Business Down

State News4 days ago

Secretary of Education Says Virginia Will ‘Move the Achievement Needle Forward’

National News4 days ago

Where Are The Tightest Races for US House Control Right Now? Here’s The Rundown.