When will new council members take office?

Published 10:08 am Wednesday, October 23, 2024

One of the six candidates running for Smithfield’s Town Council could take his seat ahead of the others.

Bill Harris is running unopposed for the two years remaining on the term of ex-Councilman Wayne Hall, who resigned last year. The other five – Mary Ellen Bebermeyer, Jim Collins, Darren Cutler, Raynard Gibbs and Mike Smith – are each seeking four available four-year terms. Collins, Gibbs and Smith are incumbents. 

According to Isle of Wight County Electoral Board Secretary Geoff McFather, the winner of the special election for the two-year term will be eligible to be seated as soon as the board certifies the results of that Nov. 5 race.

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Certification could happen as soon as Nov. 12, McFather said, but may be delayed depending on how quickly the state Board of Elections takes to verify provisional ballots cast by voters who registered to vote on election day.

“VA Code § 24.2-201 specifies that the winner of the special election is able to be promptly seated and shall continue to serve for the unexpired term of such office,” McFather said.

Two years ago, the law allowed Isle of Wight County School Board Chairman Jason Maresh and Vice Chairman Mark Wooster to take their seats at the December 2022 School Board meeting after defeating interim appointees Michael Vines and Renee Dial, respectively, in special elections for one-year remainder terms.

The council voted in December to appoint Collins to fill Hall’s vacated seat through Nov. 5. If Collins and Harris both win their bids for election, Collins could potentially find himself in the unusual position of having to step down in mid-November only to be re-seated in January.

Collins isn’t the only incumbent presently serving as an interim appointee. The council also voted in December to appoint Raynard Gibbs in place of former Councilwoman Renee Rountree, who resigned last year after winning her 2023 election as the Smithfield-centric District 1 representative on Isle of Wight County’s Board of Supervisors.

According to McFather, because Gibbs is filling a term that was already set to end on Dec. 31 of this year, his election is governed by general election rules rather than those for special elections, meaning he would take office in January if elected to a full four-year term.

But regardless of whether Gibbs wins a four-year term on Nov. 5, he will be able to continue serving in his appointed capacity through Dec. 31, McFather said.

All candidates who win new four-year terms become eligible to assume office Jan. 1. However, the exact date each new member takes office is at the discretion of the town based on when the town opts to swear in newly elected members following the certification of votes by the Electoral Board, McFather said. According to Town Manager Michael Stallings a specific swearing-in date has not been scheduled yet.

I anticipate having the swearing-in at the next gathering of council following the certification of the election results,” Stallings said. “This may be the November committee meetings if the results are certified by then. If not, then at the December meeting.”