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"California
has been providing the nation with amusement and concern, with an initiative
to
recall
the governor and at the same time, if he's recalled, elect
his replacement.
In the Commonwealth of Virginia, recall has a different name. And you
have to have a specific reason for it. And then you don't get to vote on
it.
It's called 'removal from office.' You have to petition for it, and then
a judge gets to decide. (Of course, his decision can be appealed).
There are fewer than a dozen locally-elected officials here, plus some
state and a national representative. Your reason for wanting one of these
people out can only be for misconduct that has a 'material adverse effect
on the conduct of the office,' for a misdemeanor drug conviction, or for
a hate crime conviction.
Has it ever happened?
According to City Registrar Sheri Iachetta, it has never happened here.
In fact, the only occurrence that anyone in the Registrar's office knew
of was some years ago in the Fredericksburg area. Some citizens were angered
when a decision of the Supervisors seemed to favor a real-estate development
that involved the husband of one of the members of the board. The outcome
is not recalled.
How do you do it?
You need to circulate petitions until you obtain the valid signatures
of at least 10% of the number of people who voted in the last election for
the office you're trying to vacate. In Charlottesville, for a city councilor,
that number would be about 1000. If someone were to be removed by this procedure,
a special election would be scheduled, as in the case of the death of an
incumbent.
Elected Officials for the Residents
of the City of Charlottesville
(other than statewide)
5th Congressional District
Representative Virgil Goode
25th State Senate District
Senator Creigh Deeds
57th House of Delegates District
Delegate Mitchell Van Yahres
City Council
Maurice Cox, Mayor
Meredith Richards, Vice Mayor
Blake Caravati
Kevin Lynch
Rob Schilling
Clerk of the Court
Paul Garrett
Commissioner of the Revenue
Lee Richards
Sheriff
Cornelia Johnson
Treasurer
Jennifer Brown
Commonwealth's Attorney
Warner Davies Chapman |
So, is there anyone in the list about whom you feel strongly and negatively?
Can you make a case that their stupidity, cupidity or machinations rise
to the standard of the statute (below)? Tell us about it. (Dave Sagarin,
September 17, 2003)
| Virginia Legislative Code § 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 ...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 "hate crime" ... 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 that 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. |
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