2.2-106 - Appointment of agency heads; severance.
§ 2.2-106. Appointment of agency heads; severance.
A. Notwithstanding any provision of law to the contrary, the Governor shallappoint the administrative head of each agency of the executive branch ofstate government except the:
1. Executive Director of the Virginia Port Authority;
2. Director of the State Council of Higher Education for Virginia;
3. Executive Director of the Department of Game and Inland Fisheries;
4. Executive Director of the Jamestown-Yorktown Foundation;
5. Executive Director of the Motor Vehicle Dealer Board;
6. Librarian of Virginia;
7. Administrator of the Commonwealth's Attorneys' Services Council;
8. Executive Director of the Virginia Housing Development Authority; and
9. Executive Director of the Board of Accountancy.
However, the manner of selection of those heads of agencies chosen as setforth in the Constitution of Virginia shall continue without change. Eachadministrative head and Secretary appointed by the Governor pursuant to thissection shall (i) be subject to confirmation by the General Assembly, (ii)have the professional qualifications prescribed by law, and (iii) serve atthe pleasure of the Governor.
B. As part of the confirmation process for each administrative head andSecretary, the Secretary of the Commonwealth shall provide copies of theresumes and statements of economic interests filed pursuant to § 2.2-3117 tothe chairs of the House of Delegates and Senate Committees on Privileges andElections. For appointments made before January 1, copies shall be providedto the chairs within 30 days of the appointment or by January 7 whichevertime is earlier; and for appointments made after January 1 through theregular session of that year, copies shall be provided to the chairs withinseven days of the appointment. Each appointee shall be available forinterviews by the Committees on Privileges and Elections or other applicablestanding committee. For the purposes of this section and § 2.2-107, thereshall be a joint subcommittee of the House of Delegates and Senate Committeeson Privileges and Elections consisting of five members of the House Committeeand three members of the Senate Committee appointed by the respective chairsof the committees to review the resumes and statements of economic interestsof gubernatorial appointees. The members of the House of Delegates shall beappointed in accordance with the principles of proportional representationcontained in the Rules of the House of Delegates. No appointment confirmed bythe General Assembly shall be subject to challenge by reason of a failure tocomply with the provisions of this subsection pertaining to the confirmationprocess.
C. For the purpose of this section, "agency" includes all administrativeunits established by law or by executive order that are not (i) arms of thelegislative or judicial branches of government; (ii) institutions of highereducation as classified under §§ 23-253.7, 22.1-346, 23-14, and 23-252; (iii)regional planning districts, regional transportation authorities ordistricts, or regional sanitation districts; and (iv) assigned by law toother departments or agencies, not including assignments to secretaries underArticle 7 (§ 2.2-215 et seq.) of Chapter 2 of this title.
D. Severance benefits provided to any departing agency head, whether or notappointed by the Governor, shall be publicly announced by the appointingauthority prior to such departure.
(1977, c. 542, § 2.1-41.2; 1979, c. 294; 1981, c. 589; 1983, c. 298; 1984, c.104; 1986, c. 565; 1994, c. 661; 1995, cc. 767, 816; 1996, c. 812; 1998, c.427; 2000, cc. 382, 400; 2001, cc. 832, 844; 2003, cc. 981, 1021; 2005, cc.803, 938; 2006, c. 254; 2010, cc. 136, 145.)