School Board of the City of Virginia Beach
Bylaw 1-16
SCHOOL BOARD BYLAWS
Removal from Office
Procedures for removal of members of the School Board of the City of Virginia Beach shall be those in accordance with provisions of the Code of Virginia as cited in the legal reference to this bylaw.
Legal Reference :
Code of Va., § 24.2-231.— Forfeiture of office by person sentenced for commission of certain crimes .— Any person holding any public office of honor, profit or trust in this Commonwealth who is convicted of a felony and for whom all rights of appeal have terminated, shall by such final conviction forfeit his office or post and thereafter may not act therein under his previous election or appointment. A pardon which may be afterwards granted him shall not void the forfeiture.
Code of Va., § 24.2-232.— Vacancy occurring when officer determined “mentally incompetent” (incapacitated) .—A person who is determined to be mentally incapacitated in a judicial proceeding as provided for in Article 1.1 (§ 37.1-134.6 et seq.) of Chapter 4 of Title 37.1, shall be deemed for purposes of Article II, Section 1 of the Constitution of Virginia and this title to be “mentally incompetent” as that term is used in those provisions. The office of any person who is so determined to be incapacitated, shall become vacant and the vacancy filled in the manner provided by law. Notwithstanding the provisions of Article 1 (§ 37.1-128.01 et seq.) of Chapter 4 of Title 37.1, however, any officer shall have a jury trial unless it is waived by him or for him by his counsel of record.
Code of Va., § 24.2-233.- Removal of elected and certain appointed officers by courts .— Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:
1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or
2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
a. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana, or
b. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia, or
c. Possession of any controlled substance or marijuana, and such conviction under a,b, or c has a material adverse effect upon the conduct of such office, or
3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "terrorist act" as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office.
The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to ten percent of the total number of votes cast at the last election for the office which the officer holds.
Any person removed from office under the provisions of subdivision 2 or 3 may not be subsequently subject to the provisions of this section for the same criminal offense.
Code of Va., § 24.2-234. Removal of officer for appointed term certain . Any officer appointed to an office for a term established by law may be removed from office, under the provisions of § 24.2-233, upon a petition filed with the circuit court in whose jurisdiction the officer resides signed by the person or a majority of the members of the authority who appointed him, if the appointing person or authority is not given the unqualified power of removal. In the case of a member of a county or city electoral board, the circuit court also shall proceed for removal of a member pursuant to § 24.2-235 upon a petition signed by a majority of the members of the State Board of Elections.
Code of Va., § 24.2-236. Suspension from office pending hearing and appeal . In the event of a judicial proceeding under §§ 24.2-231, 24.2-232, 24.2-233, or 24.2-234, the circuit court may enter an order suspending the officer pending the hearing. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town or State Treasurer who paid it.
Adopted by School Board: July 21, 1992