Con­fu­sion around BZA va­cancy and ap­pli­ca­tion process

Rappahannock News - - COURTHOUSE ROW • FROM PAGE ONE - By Patty Hardee Spe­cial to the Rap­pa­han­nock News

County res­i­dents in­ter­ested in ap­ply­ing to fill a va­cancy on the Rap­pa­han­nock County Board of Zon­ing Ap­peals could be for­given for be­ing to­tally con­fused about both the va­cancy it­self and the ap­pli­ca­tion process.

In an April 4 email to the Rap­pa­han­nock News, county res­i­dent Ron Makela, wrote: “I was aware that Bill An­der­son was go­ing to re­sign from the BZA. I went to the County [Ad­min­is­tra­tor’s] of­fice to ask how to ap­ply for a va­cancy on the BZA. They re­ferred me to the stan­dard board ap­pli­ca­tion which goes to the BOS. [But] the po­si­tion is ap­pointed by the Cir­cuit Court. I went to [Cir­cuit Court clerk] Peggy Ralph to get in­for­ma­tion and she said she had no idea how the process worked. I went to the Ad­min­is­tra­tor’s of­fice last Thurs­day, the day af­ter [the BZA] meet­ing, to find out if An­der­son had re­signed. They had no idea. In this week’s pa­per, I see that he has re­signed. I've checked on the State and County web­site and there is no in­for­ma­tion on how one ap­plies for the po­si­tion. I'm go­ing to [County Ad­min­is­tra­tor Gar­rey Curry’s] of­fice to­mor­row to see if he might know how one ap­plies.”

To be fair, BZA va­can­cies oc­cur very in­fre­quently, so few of­fi­cials are re­ally fa­mil­iar with the process.

In the BZA’s March 28 meet­ing, Chair Alex Sharp an­nounced that mem­ber Bill An­der­son had re­signed. But as of press time, it ap­pears that the county has not re­ceived a for­mal let­ter of res­ig­na­tion from An­der­son.

In an email April 9, County Ad­min­is­tra­tor Gar­rey Curry was asked if An­der­son had of­fi­cially re­signed. Curry re­sponded, “That is un­clear to me at this time.”

With­out a for­mal res­ig­na­tion, the county can­not ac­ti­vate the process to fill the po­si­tion.

BZA Sec­re­tary David Kon­ick also emailed that he too had not re­ceived a for­mal no­ti­fi­ca­tion. Re­fer­ring to the county code, he said: “The sec­re­tary of the board shall no­tify the court at least thirty days in ad­vance of the ex­pi­ra­tion of any term of of­fice, and shall also no­tify the court promptly if any va­cancy oc­curs.”

Kon­ick, ap­pointed to the BZA in 2014 to fill out the term of Robert Wein­berg, who re­signed from the board, ex­plained how pre­vi­ous va­can­cies had been filled.

"In the past,” wrote Kon­ick, “when a va­cancy oc­curs, the Cir­cuit Court Judge has di­rected the Clerk to ad­ver­tise the va­cancy in the lo­cal news­pa­per with a dead­line to sub­mit a let­ter or in­ter­est and re­sume or equiv­a­lent. Af­ter the dead­line, the Clerk sub­mits the names of the ap­pli­cants and sup­port­ing doc­u­ments to the Court, who, in the past, then sched­ules in­ter­views with one or more ap­pli­cants at his dis­cre­tion.

“When I get [no­ti­fi­ca­tion of the va­cancy], I shall no­tify the Court promptly, and the Court will then de­ter­mine what pro­ce­dure will be fol­lowed in the ex­er­cise of its wis­dom and dis­cre­tion and in ac­cor­dance with Vir­ginia Code §15.2-2308(A).”

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.