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To: AmericanInTokyo

Code of Virginia:

§ 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 pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 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" as that term is defined in § 52-8.5 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.

(1975, cc. 515, 595, § 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc. 588, 623.)


40 posted on 08/18/2005 7:09:17 AM PDT by chambley1
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To: chambley1
They could never remove them under those narrow VA state provisions.

It would have to be a public recall election.

It think this is the direction those citizens should go. And, they ought to save their salvoes. I'd say, just impeach or recall the Mayor only to start with, so they can concentrate their energies and general the ballot petition signatures. Then push the measure again and watch some of the AYE votes magically switch to NOE, by the remaining Council members.

43 posted on 08/18/2005 8:36:50 AM PDT by AmericanInTokyo (**AT THE END OF THE DAY, IT IS NOT SO MUCH "WHO" WE STAND FOR, BUT RATHER "WHAT" WE STAND FOR**)
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