Connect with us

Local Government

Special election may be required to fill vacant town council seat

Published

on

The experience of a former appointed Front Royal Town Council member has led a current member to question whether council will be able to fill a pending vacancy by appointment.  If council appoints a replacement for Bébhinn Egger, whose resignation due to marriage and a move out of state is effective July 1, council will have two appointed members.  On January 23, Chris Morrison was appointed to fill the seat vacated when Hollis Tharpe left council to take the mayoral seat he won in November.

There were three empty seats at the June 19 council work session – how to fill one of them that will remain empty after July 1 has become an issue. Photos/Roger Bianchini

Such a scenario could prevent council from achieving a required supermajority – five of six members – to approve a budget or even specific budget items.  That is because there are conflicting state codes on whether appointed members can vote on large budget items.  Former Councilman and Vice-Mayor Shae Parker found that out in 2008 when he was appointed to fill a vacancy after finishing fourth in the previous election (the top three finishers are elected to council).

At the time there were questions raised and an attorney general’s opinion sought to clarify the matter.  And what Town Attorney Doug Napier recalls, and has found out since researching the matter due to a recent inquiry by Vice-Mayor Eugene Tewalt, is that there are dueling state codes.

“It is not resolved yet.  One statute says, yes, an appointed member can vote on large budget items; and one statute says, no, an appointed member can’t …” Napier told us on June 21.

Contacted on Friday, June 23, Mayor Tharpe said discussion of the situation was poised to be added to the Closed Session agenda of the Monday, June 26, council meeting.

Is Mayor Tharpe toting home town attorney research on state statutes assembled on the voting ability of appointed members to elected bodies? – Nah, that one’s probably BIGGER …

Contacted about his experience nearly a decade ago, Parker noted there was a statute referenced that said, “Appointed members of elected bodies were the same as elected members.”  However, he recalled that statute was challengeable by aspects of other state codes.

“And in the case of a lack of clarity in state codes, the Constitution trumps other applicable statutes – and the Virginia Constitution says ‘only elected officials may vote on budgets,’ ” Parker pointed out.

Council is currently taking applications for Egger’s pending vacant seat on the assumption her replacement would be appointed.  Mayor Tharpe said the cut-off day for applications is June 30, adding that council had 45 days from July 1 to fill Egger’s vacant seat by appointment.

Asked if the necessity of a special election would impact the time council has to fill the vacancy, Town Attorney Napier said thus far his exploration indicates council would have to petition the circuit court for a special election within 15 days of the vacancy.  However, the statute appears to indicate that the special election would be scheduled with the next general election in either May or November.  Locally, the next election is a county election slated for November.  It was not clear if council was willing to foot the bill, it could stage the special election prior to November.

Front Royal, VA
66°
Fair
6:05 am8:12 pm EDT
Feels like: 66°F
Wind: 4mph ESE
Humidity: 48%
Pressure: 29.85"Hg
UV index: 6
SunMonTue
79°F / 52°F
61°F / 43°F
68°F / 52°F
Interesting Things to Know1 hour ago

Crown Sunday: The Hat Ladies Take Mother’s Day

Business2 hours ago

Impossible to Replace: The Pool Guy

Community Events2 hours ago

Corks and Chords to Bring Music, Wine, and Local History Together in Front Royal

Local News18 hours ago

Skyline High School Celebrates the Class of 2026

Meet the Candidates24 hours ago

L. Allen Neal Says Smart Growth and Town-County Cooperation Are Key to Front Royal’s Future

State News24 hours ago

Supreme Court of Virginia Strikes Down Redistricting Amendment, Keeps Current Maps In Place

Business Growth Series1 day ago

Business Growth Series: Where Are People Seeing Your Business Right Now?

Community Events1 day ago

Shenandoah River State Park Announces Junior Ranger Camp Dates

State News1 day ago

Public Health Officials Warn of Rise in Measles, as Virginia Hantavirus Patient Under Monitor

Community Events1 day ago

Warren Coalition Brings Back ‘Let’s Get Cheesy’ for a Night of Food, Laughter and Community Support

Community Events2 days ago

Save the Date: Wild Night at the Museum

Obituaries2 days ago

Nadene Joyce Thomas Murphy (1941 – 2026)

State News2 days ago

Virginia Hemp Growers Worry About the Future of Their Industry Amid State and Federal Shifts

State News2 days ago

Gov. Spanberger Signs Wetlands, PFAS and Flooding Bills

Obituaries2 days ago

Brian Ruffner (1969 – 2026)

Local Government2 days ago

County Approves Adjusted Riverbend Farm Campground Proposal in Panhandle Road Area, Considers Staffing Issues

Local Government2 days ago

In Favor of Permeable Surface, Town Planning Commission Advances Reduction of Divisibility Per Lot

Community Events2 days ago

New Market Battlefield to Mark 162nd Anniversary of Civil War Battle

Regional News2 days ago

‘Killing Our Vote’: GOP States Rush to Break Up Black Districts After US Supreme Court Case

Local News2 days ago

Warren County High School Celebrates the Class of 2026

Local Government2 days ago

Warren County Addresses Chester Gap Emergency Services Response Coverage Changes Effective July 1st

Community Events2 days ago

Warren County High School Awards Over $750,000 in Scholarships to Class of 2026 at Academic Honors Night

Community Events2 days ago

Paul Anka to Perform at Shenandoah University on Aug. 15

State News2 days ago

VDOT Releases Statewide Plan to Expand Multiuse Trails Across Virginia

Community Events2 days ago

Warren County DSS to Host Community Resource Fair at Samuels Library