Member of Town Council of Town of Front Royal elected as mayor vacated position as Town Council member upon taking oath of office and qualifying as mayor.

No authority for Director of Department of Environmental Quality to issue technical assistance grants related to nutrient reduction without providing required notice, public review, and comment period.

Animal control officer may act to prevent act of cruelty upon any animal that occurs in his presence. Question of whether there is occurrence of act of cruelty is factual determination to be made by officer. Immunity for reasonable and good faith actions of animal control officer performed within scope of official duties.

Individuals holding public offices in town or serving on town's board of historic review or board of building code appeals may be appointed to serve on that town's wetlands board created pursuant to wetlands zoning ordinance.

Authority under Front Royal Town Charter for Town Council to appoint individual to serve unexpired term of council member elected as mayor; no authority for Town Council to appoint such individual when vacancy has existed for more than forty-five days. Town Council may petition circuit court to issue writ of election to fill such vacancy. Individual appointed to serve such unexpired term is not elected member of Town Council as that term is used in Title 15.2.

Article VII, § 9 of Virginia Constitution and § 15.2‑2100 apply to request to reconfigure and relocate easement located within and owned by City of Lexington in perpetuity. Supermajority vote of City Council is necessary to approve transaction.

Distribution from retirement account deposited into another retirement account or investment account characterized as retirement account is not income for purposes of calculating income pursuant to tax relief program for elderly and disabled persons.

Locality may not enact ordinance that preempts or nullifies state or federal law; such ordinance would be unconstitutional. Locality may not enact ordinance that diminishes, alters, or eliminates legal rights, particularly where state or federal government occupies field.

Probation and parole officers described in § 16.1‑237 are not ‘law-enforcement officers' for purposes of Retirement System.

No requirement under Virginia law that overseas military voter submitting Virginia absentee ballot to include printed name and address of person who signs witness statement. Requirement under Virginia law that overseas military voter submitting Federal Post Card Application (‘FPCA') and Federal Write-In Absentee Ballot (‘FWAB') for November 4, 2008 federal election to include printed name and address of person who signs witness statement on FPCA return envelope. Section 24.2‑702.1(B), interpreted to require overseas military voter submitting only FWAB to include printed name and address of person who signs witness statement is preempted by Uniformed and Overseas Citizens Absentee Voting Act. General registrars may not reject FWAB submitted by overseas military voters for November 4, 2008 federal election, that do not include printed name and address for person who signs witness statement, unless voter is unable to sign application due to physical disability or inability to read or write.

Where Commonwealth's attorney has become ‘counsel of record' by making appearance in particular court, whether in civil or criminal proceedings, Rules 1:5 and 1:13 apply. No requirement for Commonwealth's attorney to seek leave from circuit court to withdraw from appeal of general district court misdemeanor conviction if no appearance is made in de novo proceeding. Rule 1:13 applies to Commonwealth's attorneys; however, courts have broad discretion to dispense with endorsements.

No authority for Virginia county to enact ordinance creating Community Development Authority that permits subsequent release or withdrawal of land from Authority district.

No prohibition under state and federal law regarding pass through of merchant trans-action fees imposed by credit card issuer by Virginia State Bar or private attorneys to attorney-licensees or clients. State law expressly authorizes Bar to impose surcharge on attorney-licensee's payment obligation, provided costs saved by acceptance of credit cards do not exceed amount of surcharges collected. Prior disclosure of transaction fees required under federal law when fees meet definition of ‘finance charge.'

Authority for commissioner of revenue to have county employees placed under his supervision sworn as deputy commissioners of revenue.

Authority for Town of Charlotte Court House to appoint town sergeant and any necessary officers to enforce laws of Commonwealth within Town. Authority to enter into reciprocal agreement with Town of Drakes Branch pursuant to § 15.2‑1726.

Charter for town of Drakes Branch authorizes appoint-ment of town sergeant when town council deems such appointment as proper and necessary. Towns of Drakes Branch and Charlotte Court House may enter into valid, reciprocal agreement to contract for services of town sergeant provided both towns' charters authorize such appointment.

Department has only such authority to restrict open carrying of firearms which is expressly provided by law.

Certificate of analysis is proper evidence of defendant's blood alcohol level in prosecution for driving while intoxicated.

Authority for health regulatory boards to restrict licenses. Authority to place licensee on probation and require that licensee inform all employers about restriction.

Preliminary subdivision plat must show all sections or phases of development at time local planning commission approves plat to invoke five-year period of validity. County planning department approval of subdivision construction plat showing phased or sectioned development does not operate as governmental approval as phased or sectioned development where approved preliminary plat did not show such development; § 15.2‑2241(5) is not applicable to such plat. Section 15.2‑2260(G) adds to existing validity period for preliminary plats for multiple phase developments where final plat is recorded; when such preliminary plat does not show phased or sectioned development, five-year validity period is not cumulative. Approved preliminary plat is extended for one five-year period from date of latest recorded subdivision plat of property. Underlying preliminary subdivision plat ‘for a multiple phase development' remains immune from subdivision and zoning ordinance changes for period of five years from time approved final subdivision plat ‘for all or a portion of the property of a multiple phase development is recorded.' Section 15.2‑2260(G) applies only to underlying preliminary plat that was approved as multiple phase development. Deadlines in §§ 15.2‑2241 and 15.2‑2260 or enacted in local ordinances must be strictly construed; locality may not waive or extend such deadlines.

Responsibility for county treasurer to receive any asset forfeiture funds, which must be held and used only for law-enforcement purposes. Sheriff may not establish separate account or ‘treasury' for such funds separate and apart from locality he serves. No requirement in Guidelines of Department of Criminal Justice Services that asset forfeiture funds be paid only to law-enforcement agencies, but such funds may be used for law-enforcement purposes only.

Real property rezoned to more intensive use at request of owner must be removed from land use program and roll-back taxes assessed. Agricultural real property, which has been (1) rezoned at owner's request to more intensive use, (2) removed from land use program, and (3) assessed roll-back taxes subsequently must be rezoned to less intensive use before it can be eligible to receive land use taxation again. Real property with intensive zoning may qualify for land use assessment and taxation if local assessing official determines that it meets criteria.

David P. Bobzien, Esq.
Fairfax County Attorney

When circumstances change, school board may revisit decision regarding consolida-tion of schools based on changed circumstances; unless amending or abandoning consolidation contributes to efficiency of school division, it is not proper factor for school board's analysis. Whether planned consolidation or amendment or abandonment thereof contributes to school division efficiency is factual determination.

Financial assistance pursuant to Article VIII, § 10 of Virginia Constitution may be provided directly to students in form of loan or grant funds, appropriated to career college on behalf of student, or appropriated to State Council of Higher Education for Virginia. Legislation may name or create entity to distribute loans or grants directly to student or institution.

Where statute designates records as ‘open for inspection' to certain individuals, such individuals are not authorized to copy records.

Statutory power and authority for board of supervisors (governing body) to assign office space in courthouse for offices that are not necessary for use and occupancy of circuit court.

First Amendment would protect publication of advertisement containing allegedly defamatory statements which impute misconduct generally rather than against specific individual; unlikely that advertisement would be enjoined by court of law.

Mr. G. William Thomas, Jr.
Chairman, Electoral Board for the City of Richmond

Local electoral boards may not purchase, borrow, or lease direct recording electronic machines.

Requirement that Commission on Virginia Alcohol Safety Action Program adopt regulations pursuant to Administrative Process Act to govern certification of ignition interlock systems. Any regulatory scheme must allow for multiple vendors of ignition interlock systems if such systems meet certification requirements.

No authority under Act for Secretary of the Commonwealth to prescribe equipment or technological requirements for electronic notaries public, to prescribe standards beyond that imposed by general law for third-party providers of electronic notary devices or technology, or to promulgate rules or regulations.

Concurrent jurisdiction for special justices serving cities of Norfolk and Virginia Beach to conduct hearings under § 37.2‑820 for persons detained in Virginia Beach for whom subject matter and in personam jurisdiction have been obtained by Norfolk special justices from temporary detention order issued under § 37.2‑809. Jurisdiction for special justices serving Virginia Beach to conduct commitment hearings for all persons located in Virginia Beach, including persons detained in Virginia Beach under temporary detention order issued in another jurisdiction.

The Honorable Stephen D. Newman
Member, Senate of Virginia

The Honorable Walter A. Stosch
Member, Senate of Virginia

The Honorable William C. Wampler, Jr.
Member, Senate of Virginia

Constitution mandates that General Assembly establish Lottery Proceeds Fund into which net lottery proceeds are deposited and appro-priate amounts in that fund directly to counties, cities, and towns and school divisions thereof.

Dickenson County school bus driver is employee of School Board not employee of County; school bus driver may serve on Dickenson County Industrial Development Authority.

Act is not exempt from mandatory language of § 53.1‑47, but § 53.1‑47 is not applicable to all procurements contemplated under Act.

School board that employs janitors is pursuing governmental function for purposes of immunity from tort liability.

Personal property of nonresident decedent may be transferred to decedent's personal representative or other appropriate recipient provided any requirements of Virginia law have been satisfied by comparable legal requirement of another state.

Act requires prior approval of State Corporation Commission only when (1) control or (2) all of assets of telephone company are being transferred.