Cape Charles Town Council to Petition Court for Interim Appointment Following Councilman’s Resignation

CAPE CHARLES, Va. — The Cape Charles Town Council will convene on November 7 for a special meeting to petition the court to fill a vacant council seat, following Councilman Andrew Follmer’s resignation in August.

Follmer, elected in 2020 for a term that expires on December 31, 2024, stepped down effective August 31. Although he did not file for reelection, his early departure left the council with the responsibility of appointing someone to serve the remainder of his term.

Under Virginia law, the council had 45 days to appoint a replacement. However, given that the general election is only two months away, council members opted to postpone the appointment process. Instead, in compliance with Code of Virginia § 24.2-228(A), they reached a consensus to wait until after the election. The plan is for the court to appoint the non-incumbent council candidate who receives the most votes as an interim member until the newly elected council is seated on January 1, 2025.

Due to the absence of an in-house attorney, the council also needs to authorize Michael Sterling of the law firm Wood Rogers Vandeventer Black to sign and file the necessary petition and related documents on their behalf.

Town staff have recommended two separate motions for council approval. The first motion will identify the non-incumbent candidate with the most votes and include that name in the petition to the court. The second motion will authorize Sterling to handle the filing process.

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Wayne Creed

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