15.3 Who Are the Local Government Decision-makers?

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

15.3 WHO ARE THE LOCAL GOVERNMENT DECISION-MAKERS?

15.301 Elected Governing Bodies.

1.	School boards, city councils, boards of supervisors, town councils. Size varies from three to thirteen.
2.	Elected in accordance with state law of general applicability or by an election system set out in a charter. They may be elected by single-member districts (also referred to as Magisterial Districts for Counties and Wards for cities), election districts that include two or more elected officials, or "at-large" by the entire jurisdiction.
3.	Members serve concurrent terms or staggered terms; typically for four years, although occasionally two years.

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15.302 Appointed Governing Bodies.

A. Commissions, Boards, Authorities. Planning Commission: Appointed for set term by the governing body. Membership may consist of five to fifteen appointees, but size usually mimics size of governing body. No requirement that member must be appointed from each election district. The Planning Commission makes recommendations to the governing body on rezoning requests and local code amendments and approves subdivision requests and the local comprehensive plan. ¹⁷

Regional authorities composed of multiple jurisdictions frequently require the unanimous vote of all members to approve certain matters such as incurring debt, issuance of bonds, or sale of property.

Board of Zoning Appeals: Resolves appeals from decisions of the Planning Director and grants variances from requirements of zoning ordinance. The board members are appointed by the circuit court. ¹⁸

Board of Equalization: Hears appeals of real estate valuations made by the local assessor or commissioner of revenue from citizens and businesses. The assessment is legally presumed to be correct and may only be modified if the payer proves "manifest error." ¹⁹ The board members are appointed by the circuit court. ²⁰

15.303 Constitutional Officers. The Virginia Constitution in article VII, section 4 provides that five local officers performing executive or administrative functions will be elected at the local level. These officers and their duties are as follows:

1. Commonwealth's Attorney: Enforces the criminal laws of the Commonwealth in the Virginia Code and in local ordinances. ²¹ In certain instances, considered the "chief law enforcement officer" of the locality. ²² However, see

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	Va. Code § 15.2-1701 defining the chief of police as the "chief law enforcement officer" or, in localities without a police department, the elected sheriff. 23
2.	Treasurer: Collects all taxes and other fees and charges owed the locality; invests local funds and disburses all monies for such expenses as payroll checks or contractual obligations. 24
3.	Clerk of the Circuit Court: Manages all land records, court records, probate and assists the circuit court in its responsibilities.
4.	Commissioner of the Revenue: Assesses various taxes such as personal property, business, machinery and tools and real estate. Local governments may appoint a separate assessor to value real estate

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