Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Appointments topic
No spam. Unsubscribe anytime.
Council vacates and reinstates planning commission appointment and voting rights amid legal review
Summary
Council voted to vacate a prior appointment to the Planning Commission (Stan Malone) on legal grounds and then moved to restore voting rights for council‑appointed planning commissioners; actions followed attorney guidance about prospective appointments.
Council debated and voted on motions affecting the Planning Commission's membership and the voting status of council‑appointed commissioners.
Citing a 1980 Virginia Attorney General opinion and older case law, the town attorney (S4) advised the council that prospective appointments to fill future vacancies may be inconsistent with law. A motion was made to vacate the previously made appointment of Stan Malone (moved and seconded) on grounds the appointment was made prospectively; council recorded a roll call and the motion passed. Later, council debated whether a council member appointed to the Planning Commission should retain voting privileges; attorneys and code readers noted state code permits a council‑appointed member and town charter language allows a council member to serve on the commission. The council moved to rescind a prior decision removing voting rights and to restore voting privileges for the council‑appointed planning commissioner; that motion passed by council vote.
The attorney said prior acts taken under the old practice are not invalidated by the opinion, but council members asked for guidance and discussed whether to request an updated attorney general opinion. The council acted to align future practice with its legal reading and to reinstate the voting status of a council‑appointed member going forward.
