22.1-53 - How composed; appointment and terms of members; vacancies; tie breaker. - Virginia Statutes

§ 22.1-53. How composed; appointment and terms of members; vacancies; tiebreaker.

A. The school board of each school division to which the provisions of thisarticle are applicable shall be composed of no fewer than six nor more thannine members, the exact number to be determined by the governing body of thecounty or city if the school division is composed of less than one county orcity or by agreement of the governing bodies of the counties and cities inthe school division if composed of part or all of more than one county orcity. Unless the governing bodies of the counties and cities in a schooldivision composed of part or all of more than one county or city agree uponsome other equitable and reasonable criteria, the number of members of theschool board from each county and city or part thereof in the division shallbe apportioned according to the population in the school division of eachsuch county or city or part thereof, provided that each county or city shallhave at least one member.

B. Within sixty days prior to the effective date for the formation of thedivision school board, the governing body of each county and city or partthereof in the school division shall appoint the required number of membersof the division school board from such county or city as follows: if there beone member, he shall be appointed for a term of four years; if there be twomembers, one shall be appointed for a term of two years and one for a term offour years; if there be three members, one shall be appointed for a term oftwo years, one for a term of three years, and one for a term of four years;if there be four members, one shall be appointed for a term of one year, onefor a term of two years, one for a term of three years, and one for a term offour years; if there be five members, one shall be appointed for a term ofone year, one for a term of two years, one for a term of three years and twofor terms of four years; if there be six members, one shall be appointed fora term of one year, one for a term of two years, two for terms of three yearsand two for terms of four years. Within sixty days prior to the first day ofJuly in each and every year thereafter, there shall be appointed by suchgoverning body for a term of four years beginning the first day of July nextfollowing their appointment, successors to the members of the division schoolboard appointed by it whose terms expire on the thirtieth day of June in eachsuch year. Any vacancy occurring in the membership of the division schoolboard shall be filled for the unexpired term by the governing body appointingsuch member.

C. If each county or city in a division composed of part or all of more thanone county or city has an equal number of members, the governing bodiesconcerned shall jointly select for a term of four years one person who shallbe a member of the division school board only for the purpose of voting incase of an equal division of the regular members of the board on any questionrequiring the action of such board. Such person shall be known as the tiebreaker. If the governing bodies are not able to agree as to the person whoshall be the tie breaker, then upon application by any of the governingbodies involved to a circuit court having jurisdiction in such schooldivision, the judge thereof shall name the tie breaker and his decision shallbe final.

(Code 1950, § 22-100.3; 1954, c. 391; 1956, c. 671; 1971, Ex. Sess., c. 161;1980, c. 559.)