22.1-75 - Procedure in case of tie vote.
§ 22.1-75. Procedure in case of tie vote.
In any case in which there is a tie vote of the school board of any schooldivision when all the members are not present, the question shall be passedby until the next meeting when it shall again be voted upon even though allmembers are not present. In any case in which there is a tie vote on anyquestion after complying with this procedure or in any case in which there isa tie vote when all the members of the school board are present, theproceedings thereon shall be in conformity with the proceedings prescribedbelow, except that the tie breaker, if any, appointed pursuant to § 15.2-410,15.2-531, 15.2-627, 15.2-837, 22.1-40, 22.1-44, 22.1-47, or 22.1-57.3,whichever is applicable, shall cast the deciding vote.
In any case in which there is a tie vote of the school board, the clerk shallrecord the vote; immediately notify the tie breaker to vote; and request hispresence, if practicable, at the present meeting of the board. However, ifthat is not practicable, the board may adjourn to a day fixed in the minutesof the board or, in case of a failure to agree on a day, to a day the clerkfixes and enters in the minutes. At the present meeting or on the day namedin the minutes, the tie breaker shall attend. He shall be entitled to befully advised on the matter upon which he is to vote. If not prepared to voteat the time, he may require the clerk to enter an order adjourning themeeting to some future day, not to exceed thirty days, to be named in theminutes. He may have continuances, not to exceed thirty days, entered untilhe is ready to vote. When he votes, the clerk shall record his vote; the tieshall be broken; and the question shall be decided as he votes. If a meetingfor any reason is not held on the day named in the minutes, the clerk shallenter on the minute book a day within ten days as a substitute day and notifyall the members, and this shall continue until a meeting is held. After a tiehas occurred, the tie breaker shall be considered a member of the board forthe purpose of counting a quorum for the sole purpose of breaking the tie.
(Code 1950, § 22-70; 1972, c. 129; 1980, c. 559; 1981, c. 246; 1995, c. 56;2006, c. 29; 2007, c. 100.)