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HomeMy Public PortalAbout2011_11_15_R136 Initiating TC Amendments Charter and Election ChangeThe Town of Leesburg, Virginia PRESENTED: November 15. 2011 RESOLUTION NO. 2011 -136 ADOPTED: November 15, 2011 A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN PART I CHARTER CHAPTER 2 §2 -2. TOWN COUNCIL GENERALLY; MAYOR; MAYOR PRO TEMPORE; POWERS AND DUTIES, SEC. 2 -2 THROUGH 2 -3 CONCERNING THE ELECTION DATE OF THE MAYOR AND MEMBERS OF TOWN COUNCIL; ADDING SEC. 2 -4 NON - PARTISAN ELECTIONS WHEREAS, a petition was filed by citizens of the Town of Leesburg with the Loudoun County Circuit Court requesting a referendum be held to require the Town of Leesburg to change the election date of the Mayor and members of the Town Council from a May general election to a November general election in even numbered years; and WHEREAS, The Loudoun County Circuit Court entered an Order dated, April 11, 2011 certifying the question concerning the change in the general election date and ordered that the referendum be held; and WHEREAS, the referendum to change the date of the election was approved by the voters; and WHEREAS, the Voting Rights Act of 1965 requires that the D.O.J. be notified of the proposed change and seek preclearance; and WHEREAS, if the proposed change is approved by the D.O.J., the Town Charter will no longer accurately reflect when elections are to be held; and WHEREAS, Town elections have been traditionally non - partisan; the change in election date from May to November can become partisan elections unless the Town Charter specifically states that the town election will be non - partisan; and WHEREAS, initiating the following Charter Amendments will reflect the dates that elections are to be held: -2- A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN PART I CHARTER CHAPTER 2 §2 -2. TOWN COUNCIL GENERALLY; MAYOR; MAYOR PRO TEMPORE; POWERS AND DUTIES, SEC. 2 -2 THROUGH 2 -3 CONCERNING THE ELECTION DATE OF THE MAYOR AND MEMBERS OF TOWN COUNCIL; ADDING SEC. 2 -4 NON - PARTISAN ELECTIONS Part I Charter Chapter 2 § 2 -2 Chapter 2 (Town Council Generally; Mayor; Mayor Pro Tempore; Powers and Duties) Section 2 -2 (Election; composition; terms of office) Councilmen shall be elected to four -year terms in the November general election in even - numbered years in the manner herein provided. Three councilmen shall be elected in the general elections held in November 2012, and in general elections held every four years thereafter. Three councilmen shall be elected in the general elections held in November 2014, and in general elections held every four years thereafter; and Section 2 -3 (Election of mayor; term of office and vice - mayor) In the general election in November of every two years commencing November 2012, the mayor shall be elected for a term of two years, beginning on January Is' of the following year of his election; and At its first regular meeting after January Is' in the following year a mayor is elected, the tcouncil shall elect from among its members a vice - mayor; and Section 2 -4 All elections for the Mayor and members of Town council shall be non- partisan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that: SECTION 1. Amendments to the Town Charter are hereby initiated and referred to the Town Attorney and staff to make changes to the Town Charter, to make corrections and clarifications and, to make changes that address compliance with the referendum as passed. SECTION 2. The Town Council shall hold a public hearing to consider these changes to the Town Charter for adoption. -3- A RESOLUTION: INITIATING AMENDMENTS TO THE TOWN PART I CHARTER CHAPTER 2 §2 -2. TOWN COUNCIL GENERALLY; MAYOR; MAYOR PRO TEMPORE; POWERS AND DUTIES, SEC. 2 -2 THROUGH 2 -3 CONCERNING THE ELECTION DATE OF THE MAYOR AND MEMBERS OF TOWN COUNCIL; ADDING SEC. 2 -4 NON - PARTISAN ELECTIONS PASSED this 15th day of November, 2011. Kra . Uhistattd, ayor Town of Leesburg AT E T: Clerk o C ciI R \Resolutions \Resolutions 201 1\1 115 Initiating Charter Change and Code Amendment - Elections.doc