Dual Office-Holding Legislation Substantially Amended, Headed to Conference

Two bills that seek to address the situation in the Town of Purcellville are headed to a conference committee to resolve differences between the two approaches.

HB 505 (McAuliff), as originally introduced, prohibited a member of a governing body of a locality from holding any other position of employment with the locality, and stipulated that no member of a local governing body could vote on any subject related to his or her former employment with the locality within one year of terminating the employment.  After concerns were raised about the breadth of the bill’s provisions and potential unintended consequences, the patron offered amendments in House Privileges and Elections that significantly narrowed the scope of the bill.  As passed by the House, the bill provides that a member of a local governing body who has been employed by a governmental agency that is a component part of and which is subject to the ultimate control of the governing body is considered to have a continuing personal interest in the agency for two years after terminating employment.

SB 648 (Perry) is more limited in its applicability and provides that in the event of a criminal proceeding against any officer in a certain town, the court of appropriate jurisdiction is to suspend the officer pending the resolution of the proceeding and may appoint someone to act in the officer’s place.  The bill contains other provisions requiring the town to conduct a study of its debt and other liability risks and requiring certain notice provisions for meeting agendas.  The bill has a July 1, 2028, sunset clause.

VACo Contacts:  Joe Lerch, AICP, and Katie Boyle

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