10.1-516 - Status of district directors in event of transfer, merger, or division of districts.
§ 10.1-516. Status of district directors in event of transfer, merger, ordivision of districts.
In the event of the transfer, merger, or division of districts, the status ofthe district directors involved shall be affected as follows:
1. The composition of an existing district board of a district to whichterritory is transferred shall remain in effect until the terms of office ofthe present elected members expire. Upon the transfer of a county or city, orparts thereof, from one district to another district, (i) elected districtdirectors residing within the territory transferred shall be appointed asdirectors of the district to which the territory is transferred for a term ofoffice to coincide with that of the elected directors of the district towhich the territory is transferred; and (ii) appointed district directorsresiding within the territory transferred shall be appointed as directors ofthe district to which the territory is transferred for a term of office tocoincide with that of the appointed directors, either as an extension agentappointee or an at-large appointee of the district to which the territory istransferred. At the option of the petitioners, a petition may request that aproposed transfer be treated as a merger or division for the purpose of thissection, and the Board at its discretion may grant or refuse such request.
2. Upon the merger of existing districts, or upon the separation from two ormore existing districts of a county or city, or parts thereof, which merge tocreate a new district, all district directors residing within the territorymerged shall be appointed as directors of the new district. Following themerger, (i) elected district directors residing within the territory of thenew district shall be appointed as directors of the new district for a termof office to coincide with that of elected directors as provided in §10.1-529; and (ii) appointed district directors residing within the newdistrict shall be appointed as directors of the new district for a term ofoffice to coincide with that of the appointed directors, either as anextension agent appointee or an at-large appointee of the district asprovided in § 10.1-529.
3. Upon the division of an existing district, to create a new district, allelected or appointed district directors residing within the territory to bedivided from the existing district shall be appointed as directors of the newdistrict. Following the division, (i) elected district directors residingwithin the territory of the new district shall be appointed as directors ofthe new district for a term of office to coincide with that of electeddirectors as provided in § 10.1-529; and (ii) appointed district directorsresiding within the territory of the new district shall be appointed asdirectors of the new district for a term of office to coincide with that ofthe appointed directors, either as an extension agent appointee or anat-large appointee of the district as provided in § 10.1-529.
This section shall not be construed as broadening or limiting the size of agoverning body of a district as prescribed by § 10.1-515. If the operation ofthis section results in a governing body larger or smaller than theappropriate size permitted by § 10.1-515, then such a variation, if nototherwise corrected by operation of this section, shall be cured byappropriate appointments by the Board and with the next general electionafter the transfer, merger, or division in which all those elected directorsprescribed by § 10.1-515 may be elected.
(1970, c. 480, § 21-27.2; 1988, c. 891; 2002, cc. 143, 236.)