Chapter 2.10 CITY COUNCIL*

(1) Notwithstanding the provisions of Sections 24.2-222 and 24.2-222.1 of the Code of Virginia, Section 3.02 of the City Charter, or any other provision of law, general or special, beginning with any election held after January 1, 2022, elections for city council members and school board members shall be held at the time of the November general election for terms to commence January 1st.

(2) On and after January 1, 2022, three council members shall be elected at the general election in November 2022 to serve for terms of four years, and four council members shall be elected at the general election in November 2024 to serve for terms of four years, and successors shall be elected each fourth year, respectively, thereafter. All terms for council members shall commence on January 1st next following the date of the November election and continue until their successors have been duly elected and qualified.

(3) On and after January 1, 2022, three school board members shall be elected at the general election in November 2022 to serve for terms of four years, and three school board members shall be elected at the general election in November 2024 to serve for terms of four years, and successors shall be elected each fourth year, respectively, thereafter. All terms for school board members shall commence on January 1st next following the date of the November election and continue until their successors have been duly elected and qualified.

(4) No term of a member of city council or member of the school board shall be shortened in implementing the change to the November election date. The members of the city council and school board who were elected at a May general election and whose terms are to expire as of June 30th shall continue in office until their successors have been elected at the November general election in even numbered years and have been qualified to serve.

(5) Except for the changes to the date of elections and corresponding changes in the terms of office established in this section, all other provisions of the City Charter relating to the election of council members and school board members shall remain in effect. (Ord. 2021-20).

2.10.020 Election and duties of president and vice-president.

The council shall, at its first meeting in January 2023, and biennially thereafter on January 1st, or as soon as is practicable, elect one of its members as president, who shall be, ex officio, mayor of the city who shall be the presiding officer of the council and official head of the city, and who shall perform such duties as shall be prescribed by the laws of the state or may be imposed by the council not inconsistent therewith. The council shall, at the same time, elect a vice-president, who shall perform the duties of the president or mayor in his absence or incapacity. The council shall also adopt its biennial meeting schedule at this meeting. (Ord. 2022-15; Ord. 2021-20. Code 1964, § 2-10; Code 1985, § 2-16. Formerly 2.10.010).

Charter reference – President and vice-president of council, § 5.

2.10.030 Filling of vacancies.

When any vacancy in the membership of the council shall occur by death, resignation, expulsion, removal from the city, failure to qualify or from any other cause, the remaining members of the council shall, by majority vote, elect a qualified citizen to fill the vacancy for the unexpired term. (Ord. 2021-20. Code 1964, § 2-3; Ord. 9-27-84; Code 1985, § 2-17. Formerly 2.10.020).

State law reference – Vacancies in council, Code of Virginia, § 15.2-1424. See also, § 24.2-226.

2.10.040 Members ineligible to certain offices.

No member of the council shall be eligible, during his tenure of office as such member and for one year thereafter, to any office to be filled by the council, by election or by appointment. (Ord. 2021-20. Code 1964, § 24; Code 1985, § 2-18. Formerly 2.10.030).

Charter reference – Similar provisions, § 16.

2.10.050 Disorderly behavior of members – Malfeasance or misfeasance in office.

The council may, by a majority vote, punish a member for disorderly behavior by a fine not exceeding $100.00 and, by a four-fifths vote of its whole membership, expel a member for malfeasance or misfeasance in office. Fines imposed under this section shall be collected in the same manner as fines imposed by the general district court. (Ord. 2021-20. Code 1964, § 2-5; Code 1985, § 2-19. Formerly 2.10.040).

2.10.060 Removal of officers.

For malfeasance, misfeasance, neglect of duty, incapacity or any other good cause, the council may remove from office any officer elected or appointed by it. (Ord. 2021-20. Code 1964, § 2-25; Code 1985, § 2-20. Formerly 2.10.050).

State law reference – Removal of public officers, Code of Virginia, § 24.2-230 through 24.2-238.

2.10.070 Authority as to extension of water and sewer lines and improvement of streets to promote industrial development.

Notwithstanding the provisions of any other provision of this code or ordinance or regulation of the city, the city council, whenever it may deem it advisable in order to promote industrial development within the corporate limits of the city, may provide for the extension of water lines and sewer mains and the construction of streets to any manufacturing plant site within the corporate limits of the city and may provide that the cost of such extension of utilities and improvements be borne by the city alone or by the city and the manufacturing plant in question in such proportions as may be deemed reasonable by the council. (Ord. 2021-20. Code 1964, § 2-23; Code 1985, § 2-21. Formerly 2.10.060).

Cross references – Streets, Title 12; water supply, Title 13, Division II; sewers, Title 13, Division III.

Article II. Meetings*

*Charter reference – Council meetings, § 6 et seq.

Cross reference – Disrupting or disturbing council meetings, SCC 9.05.050.

2.10.080 When regular meetings held – Adjourned or postponed meetings.

The council shall hold regular meetings on the second and fourth Thursdays of each month, at such hour, as it may designate, and shall meet at any other time to which it may be regularly adjourned or postponed. If a quorum fails to attend, those attending may adjourn to such other time prior to the next regular meeting as they may determine and the clerk shall enter such adjournment in the journal of the council and shall notify absent members thereof, in the same manner as is required for special meetings.

The council may, by a majority vote, cancel a regular meeting; provided, that the council conducts at least one regular meeting each month in a calendar year. (Ord. 2021-20; Ord. 2021-15. Code 1964, § 2-6; Code 1985, § 2-27. Formerly 2.10.070).

Charter references – At least one regular meeting per month required, § 6; call of special meetings, § 7.

2.10.090 Quorum.

A majority of the members of the council shall constitute a quorum for the transaction of all business that does not require more than a majority vote of those present to determine. For the transaction of business requiring more than a majority vote of those present to determine, a quorum shall consist of such number of members as are required by law for the determination of such business.

If the Virginia State and Local Government Conflict of Interests Act prohibits a majority of the members of council from participating in a transaction, the remainder of council members shall constitute a quorum pursuant to Sections 2.2-3112 and 15.2-1415 of the Virginia Code as may be amended from time to time. (Ord. 2021-20; Ord. 2021-16. Code 1964, § 2-7; Code 1985, § 2-28. Formerly 2.10.080).

2.10.100 Rules of procedure generally.

The rules of parliamentary procedure as comprised in “Robert’s Rules of Order” shall govern the council in all its deliberations, except in cases where they are in conflict with the laws of the state or of special rules adopted by the council. (Ord. 2021-20. Code 1964, § 2-11; Code 1985, § 2-30. Formerly 2.10.090).

2.10.105 Memoranda regarding council administrative procedures.

At each meeting at which newly elected members are inducted, as prescribed in Section 5 of the Charter of the city, and more often as seen fit, the council shall review previously approved memoranda of council administrative procedures and shall reapprove such memoranda, with any amendments, deletions or additions agreed to by a majority of the council. (Ord. 2021-17. Formerly 2.10.095).

2.10.110 Suspension of rules of procedure.

Any rule of procedure set forth in this article may be suspended for the time being by the affirmative vote of at least four members of the council. (Ord. 2021-20. Code 1964, § 2-16; Code 1985, § 2-31. Formerly 2.10.100).

2.10.120 Form of petitions and communications.

All petitions and communications addressed to the council shall be in respectful language and in writing. (Ord. 2021-20. Code 1964, § 2-13; Code 1985, § 2-32. Formerly 2.10.110).

2.10.130 Members required to vote – Exceptions.

Every member of the council present shall vote upon all questions upon which a vote may be taken, unless excused from voting by the council. No member, however, shall be permitted to vote upon any matter in which he shall have an immediate personal or financial interest.

Notwithstanding the foregoing, any member of council absent from a meeting shall be excused from voting upon the adoption of that meeting’s minutes. A member of council may also abstain from voting on a question if the member believes that they have the appearance of a conflict of interest and state the perceived appearance of the conflict of interest to the council before the vote. The clerk of the council shall record the member’s perceived appearance of the conflict of interest in the minutes of the council meeting. (Ord. 2021-20; Ord. 2021-19. Code 1964, § 2-9; Code 1985, § 2-33. Formerly 2.10.120).

2.10.140 Reconsideration of vote.

Any member of the council voting on the prevailing side of any question voted on by the council may move a reconsideration thereof at such meeting or at the next succeeding regular meeting, but no vote of a former meeting shall be reconsidered unless there be present at the subsequent meeting as many members as were present at the former meeting when the vote was taken. (Ord. 2021-20. Code 1964, § 2-8; Code 1985, § 2-34. Formerly 2.10.130).

Charter reference – Motion to reconsider adoption of ordinance or resolution increasing city indebtedness or expending revenues, § 9.

2.10.150 Viva-voce vote in elections by council.

Every election to office made by the council shall be by a viva-voce vote. (Ord. 2021-20. Code 1964, § 2-15; Code 1985, § 2-35. Formerly 2.10.140).

Article III. Ordinances and Resolutions*

*Charter references – General authority of council to pass ordinances, bylaws and rules, § 11(21); publication of ordinances, § 11(22, 23).

Cross reference – Interference with enforcement of ordinances, SCC 9.05.040.

2.10.160 Passage, amendment and repeal generally – Signature of presiding officer.

No ordinance shall be passed, amended or repealed, except by ordinance regularly introduced and passed, nor shall any subsection of an ordinance be amended, unless the whole subsection be re-ordained, and all ordinances, amendments or resolutions which are duly passed shall bear the signature of the presiding officer at the meeting at which they are passed. (Ord. 2021-20. Code 1964, § 2-17; Code 1985, § 2-41. Formerly 2.10.150).

2.10.170 Style.

The style in which ordinances shall be passed shall be: “Be it ordained by the Council of the City of Staunton” and that in which resolutions shall be passed shall be: “Be it resolved by the Council of the City of Staunton.” (Ord. 2021-20. Code 1964, § 2-20; Code 1985, § 2-42. Formerly 2.10.160).

2.10.180 Special requirements for appropriations, tax levies, etc.

(1) No ordinance or resolution appropriating money exceeding the sum of $1,000, imposing taxes or authorizing the borrowing of money shall be passed by the council on the same day on which it is introduced, nor shall any such ordinance or resolution be valid unless at least three days intervene between its introduction and the date of final passage.

(2) No ordinance or resolution appropriating money exceeding $100.00, imposing or releasing taxes, authorizing the borrowing of money or donating any property of the city, where the value of such property is $100.00 or more, or increasing the salary or pay of any employee, when the aggregate of such increase in salary is $100.00 or more for any one year, shall be passed except by recorded affirmative vote of a majority of all members elected to the council. (Ord. 2021-20. Code 1964, § 2-18; Code 1985, § 2-43. Formerly 2.10.170).

Charter reference – Similar provisions, § 8.

State law reference – Provisions similar to subsection (2) above, Code of Virginia, § 15.2-1428.

2.10.190 Required vote on ordinance disposing of property or franchise.

No ordinance granting, leasing, selling or otherwise disposing of any public property or franchise shall be valid, unless passed by the council by a recorded affirmative vote of three-fourths of all the members elected to the council. (Ord. 2021-20. Code 1964, § 2-19; Code 1985, § 2-44. Formerly 2.10.180).

State law reference – Similar provisions, Code of Virginia, § 15.2-2100.

2.10.200 Effect of new ordinance on prior offenses, penalties, rights, etc.

No new ordinance shall be construed to repeal a former ordinance as to any offense committed against the former ordinance or as to any act done, any penalty, forfeiture or punishment incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or penalty, forfeiture or punishment so incurred, or any right accrued, or claim arising before the new ordinance takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the ordinance in force at the time of such proceedings. (Ord. 2021-20. Code 1964, § 2-21; Code 1985, § 2-45. Formerly 2.10.190).

2.10.210 Repeal not to revive former ordinance.

When an ordinance which has repealed another shall itself be repealed, the previous ordinance shall not be revived without express words to that effect. (Ord. 2021-20. Code 1964, § 2-22; Code 1985, § 2-46. Formerly 2.10.200).