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May 2015
City of Charlottesville: MOU between the City Manager and the Electoral Board
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This Memorandum of Understanding (MOU) is entered into this 19th day of May 2015, by and between the City Manager for the City of Charlottesville, Virginia (City Manager) and the Charlottesville Electoral Board (Electoral Board). The purpose of this MOU is to improve communication and to define lines of responsibilities and duties between the City Manager and the Board with regard to oversight of the Office of Voter Registration and Elections and the General Registrar.

1. The City Manager and the Board agree that pursuant to Articles 3 and 4 of Chapter 1 of Title 24.2 of the Virginia Code, the Board has the sole responsibility for

(a) The appointment and removal from office of the General Registrar and officers of election, and the determination of the number and term for assistant registrars in the Office of Voter Registration and Elections. The General Registrar is responsible for hiring additional staff members, including Deputy and Assistant Registrars, and for determining their individual responsibilities;
(b) The performance of all duties as assigned to local electoral boards by Title 24.2 of the Virginia Code including, but not limited to, the preparation of ballots, the administration of absentee ballot provisions, the conduct of the election, and the ascertaining of the results of the election; and,
(c) Conducting an annual performance review of the General Registrar, in accordance with the format and forms provided by the State Board of Election.

2. The Board and the City further agree that:

(a) The Board will afford the City Manager with an opportunity, in advance of the annual performance review of the General Registrar, to provide input on the performance of the General Registrar during the preceding year;
(b) The Board will work with the General Registrar' to ensure that a deputy or assistant registrar is trained to perform the duties and responsibilities of the General Registrar during his or her absence, or during an emergency;
(c) The Chair of the Board will review all expenditures of the Office of Voter Registration and Elections at least once each quarter for compliance with the approved annual budget for the Office, and on such other occasions when the City identifies a potential issue with an expenditure of the Office and requests a review; and,
(d) The Chair of the Board and the City Manager will meet on a quarterly basis, and the City Manager and the entire Board will meet on an annual basis. The purpose of these meetings will be to discuss the operation of the Office of Voter Registration and Elections and the support provided by the City, and to identify and discuss any existing or potential issues. If any problems come to the attention of one party they will be reported immediately to the other party, without waiting for a meeting scheduled pursuant to this section.

3. The City and the Board agree that the City will:

(a) Provide the same training to the General Registrar and his or her staff, including training regarding administration of the Office's website and related communications functions, as is provided to all other City departments;
(b) Pay the compensation of the General Registrar and be reimbursed annually as provided in the compensation plan established by the General Assembly, and consider during the annual approval of the City budget a salary supplement for the General Registrar;
(c) Pay the reasonable expenses of the General Registrar, the Board and the Office of Voter Registration and Elections, as required by Virginia Code sec. 24.2-108 and sec. 24.2-111;
(d) Provide the same employee benefits and apply the same standard operating procedures to the General and deputy and assistant registrars (except those assistant registrars who serve without pay) and Office staff as provided to other City employees. The General Registrar will be subject to the same policies and procedures as other City department heads, except where state law provides otherwise. The City will, through its Department of Human Resources, make available to the General Registrar and the Board all operating policies, procedures and regulations applicable to other City departments; and,
(e) Work collaboratively with the General Registrar when reviewing the annual budget requested for the Office of Voter Registration and Elections. When presenting his or her annual operating budget for the City to the Charlottesville City Council, the City Manager will propose sufficient funding for staffing, facilities, and equipment in the Office of Voter Registration and Elections, in order to fulfill the needs of voters and candidates and to ensure the responsible conduct of elections as required under state and federal law. Funding proposed by the City Manager will take into account any actual or anticipated increase in the City's population and the resulting increase expected in the number of registered voters in the City.

4. The City Manager may, in his or her discretion, delegate his or her duties and responsibilities contemplated by this MOU to any other employee in the City Manager's Office.

5. This MOU will be reviewed periodically on an as-needed basis.

Witness the following signatures:

Maurice Jones, Charlottesville City Manager

Jim Nix, Electoral Board Chair

Anne Hemenway, Electoral Board Vice-Chair

Rick Sincere, Electoral Board Secretary

Approved as to form:
by S. Craig Brown City Attorney


Comments? Questions? Write me at george@loper.org.