How to remove an elected officer

Donald W. Rakes / How I See It
Published: March 23, 2008

To everyone in our community who feels betrayed and outraged regarding the recent turn of events, I offer the following from the Virginia code:

- § 24.2-233. Removal of elected officers by courts (in part): "Upon petition, a circuit court may remove from office any elected officer residing within the jurisdiction of the court: For neglect of duty, misuse of office, or incompetence in the performance of duties or upon conviction of a misdemeanor.

"The petition must be signed by a number of registered voters who reside within the juris-diction of the officer equal to 10 percent of the total number of votes cast at the last election for the office that the officer holds."

§ 24.2-235. Procedure (in part): "As soon as the petition is filed with the court, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than 10 days and shall be served upon the officer with a copy of the petition.

"Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If upon trial it is determined that the officer is subject to removal, he shall be removed from office."

§ 24.2-236. Suspension from office pending hearing (in part): "In the event of a judicial proceeding, the circuit court may enter an order suspending the officer pending the hearing.

During the suspension the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town or State Treasurer who paid it."

Our community deserves the very best representation in our public officials. I leave it to our entire community to decide the best course of action.

Donald W. Rakes is a resident of Rixeyville.