Local Government
Town responds to questions on legality of Meza appointment to vacated council seat
The Town of Front Royal received questions from the press and public regarding the appointment of the unexpired term for Town Council. The concerns were the Town Charter “Chapter 6 Town Officers” section 47 regarding Town Officers and employees and Town Council’s authority over them. Previously, the Town Attorney had researched the issue extensively and found the following criteria in its review:
- The section of Town Charter being referenced is “Chapter 6 Town Officers” section 47 and the entire chapter refers to Town Officers and Employees and Town Council’s authority over them. To apply Chapter 6 to the appointment of a Town Council member would be taking the entire section out of context.
- State Code: Virginia Code Section 15.2-1535 allows an appointment to Town Council by a previous Town Council member without any time restrictions.
- The dialogue used in the Town Charter specifically says: “No member of the council of the Town of Front Royal shall be appointed or elected to any office under the jurisdiction of the council while he is a member of the council, or for one year thereafter…” The key language being “under the jurisdiction of the council.” Town Council would be considered under the jurisdiction of the Commonwealth of Virginia because the Town itself is a political subdivision of the Commonwealth of Virginia. A Town employee, such as the Town Manager, is under the jurisdiction of the Town Council. Town Council is not under the jurisdiction of itself.
- This section of Town charter is interpreted to not allow “double dipping” or “conflict of interest” where a Town Council member is also an employee of the local government in which he serves.
- This specific interpretation is considered “in harmony” with State Code as is required by legal interpretation.
If any member of the public or press has any further questions, please contact Todd C. Jones, Town Public Information Officer.
