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Town of Elkton, VA
Rockingham County
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The town shall be governed by a town council composed of six council members and the mayor, all of whom shall be qualified voters of the town and shall be elected by the qualified voters of the town in the manner provided by law from the town at large. The council and the mayor in office at the time of adoption of this charter shall continue in office until the expiration of the terms for which they were elected or until their successors are elected and qualified. An election for three council members and the mayor shall be held on the first Tuesday in November, 2008 and for three council members and the mayor on the first Tuesday in November, 2010. Elections shall be held on the first Tuesday in November every two years thereafter. The council members shall serve for a term of four years, and the mayor shall serve for a term of two (2) years, or until their successors are elected and qualified; however, those persons elected in November 2008, shall not take office until the first day of January 2009 following their respective elections. Subsequently, commencing in 2010, the term of each person elected under this section shall begin on the first day of January next following their election.
[Amended by Ch. 135, Acts of Assembly, 2020, approved 3-4-2020]
Any vacancy in the council shall be filled within 45 days, for the unexpired term, by a majority of the remaining voting members, provided that if the term of office to be filled does not expire for two years or more after the next regular election for councilmen following such vacancy and such vacancy occurs in time to permit it, then the council shall fill such vacancy only for the period then remaining until such election, and a qualified person shall then be elected by the qualified voters and shall from and after the date of his election and qualification succeed such appointee and serve the unexpired term. The number of candidates for council equal to the number of vacancies to be filled for full terms receiving the highest number of votes shall be entitled to such full terms and the candidate receiving the next highest number of votes shall be entitled to the unexpired term, caused by such vacancy.
(a) 
A Continuing Body. The council shall be a continuing body, and no measure pending before such body nor any contract or obligation incurred shall abate or be discontinued because of the expiration of the term of office or removal of any council member.
(b) 
Management of Town's Affairs. The town council shall collectively have, subject to the provisions of this Act and to general laws of the Commonwealth of Virginia, the management and control of the assets, fiscal and municipal affairs, and day to day operations, of the town. The council may delegate its control from time to time as the council may deem necessary and appropriate.
The mayor shall be the chief executive officer of the town. The mayor shall have and exercise all the privileges and authority conferred by general law not inconsistent with the charter. The mayor shall preside over and maintain orderly meetings of the town council and shall have the right to speak therein as a member of the council. The mayor shall not have a vote as a member of council except to break a tie vote. The mayor shall be the head of the town government for all its ceremonial purposes and shall perform such other duties consistent with the office as may be imposed by the town council. The mayor shall authenticate the mayor's signature on such documents or instruments as the council, this charter or the laws of the Commonwealth shall require.
The town council shall, by a majority of all of its voting members, elect a vice mayor from its membership at its first meeting to serve for a term of two years in the absence of or during the disability of the mayor; and the vice mayor shall possess the powers and discharge the duties of the mayor when serving as mayor.
[Amended by Ch. 135, Acts of Assembly, 2020, approved 3-4-2020]
a. 
The council shall fix the time of its regular meetings, which shall be at least once each month, and, except as herein provided, the council shall follow Robert's Rules of Order, latest edition, for rules of procedure necessary for the orderly conduct of its business, except where inconsistent with the laws of the Commonwealth.
b. 
Minutes shall be kept of its official proceedings, and its meetings shall be open to the public unless an executive session is called according to law.
c. 
The mayor or any other two members of the council, may call a special meeting upon a 36-hour written notice or an emergency meeting upon a 12-hour written notice to each council member stating the time, place, and purpose for the meeting and served personally or left at the council members' usual place of business or residence by the Chief of Police, or his or her designee. No business shall be transacted by the council in such special or emergency meeting which has not been stated in the notice; however, these requirements shall not apply when all members of the council attend such meetings or waive notice thereof, nor shall this regulation apply to an adjourned session from a regular meeting.
d. 
The agenda for a regular scheduled monthly council meeting shall include a provision for public comments as defined in the town ordinances.
e. 
A majority shall consist of four voting members of the six voting members of the council and shall constitute a quorum.
Compensation for the mayor and council members shall be set by the council subject to any limitations placed thereon by the laws of the Commonwealth of Virginia.