June 5, 1978

The Honorable Charles J. Colgan
Member, Senate of Virginia

77-78 54

This is in reply to your recent letter in which you ask my opinion on three questions pertaining to the City of Manassas Park:

"1. The Mayor in the city of Manassas Park votes only in the event of a tie. How long does the Mayor have to cast his vote?"

Section 3.5(d) of the City Charter of Manassas Park, Chapter 722 [1976] Acts of Assembly 1 131 provides:

"Except as otherwise provided by law, ordinances, resolutions, motions and votes shall be adopted only by the affirmative votes of a majority of the members present at a meeting open to the public."

When the Mayor votes to break a tie he is acting, for that limited purpose, as a member of Council, and can only cast his vote in accordance with the terms of the Charter. 36 Am. Jur. 2d Municipal Corporations 175 (1971). Accordingly, I am of the opinion that the vote must be cast by the Mayor at the meeting in which the matter is being considered.

"2. The Manassas Park City Charter was amended by the 1978 Session of the General Assembly to expand their school board from the present three members to five. When can these additional members be appointed? Are they required, for any reason, to wait until the beginning of the next fiscal [INCOMPLETE]"

Section 5.4 of Chapter 390 Acts of Assembly [1978] provides:

"The City of Manassas Park shall constitute a separate school division. The school board shall consist of five members, appointed by the council and the terms are to be for a period of three years except the two new appointees, which shall be one member for a term of one year and one member for a term of two years for a period to be in line with the other members."

Section 2 of the Act further provides that this provision is in force from its passage. Since the date of passage was March 30, 1978, I am of the opinion that the two additional members of the School Board may be appointed by the Council immediately, upon their qualification under §22-90 and upon taking the oath prescribed in §22-91 of the Code of Virginia (1950), as amended. Their terms would begin on July 1, the date upon which the terms of board members begin. Section 22-89 of the Code, regarding appointments generally to city school boards, is inapplicable to this question because the statute provides that it is not applicable where another method of election is provided by charter.

"3. (a) Is a school board required by law to hold a public hearing on their proposed budget? (b) If so, may this be a lump sum category or a line item budget? (c) Does the school board have the right to refuse a line item budget to the city council or their citizens?"

3a. The school board does not adopt a budget as such. Pursuant to §22-120.3 of the Code the division superintendent, with the approval of the school board, submits to the governing body an estimate of the amount of money deemed to be needed during the next scholastic year for "the support of the public schools," or in the alternative the amount needed "for educational purposes." The governing body may, in its discretion, require both estimates. See Report of the Attorney General (1959-1960) at 66. Since these estimates constitute the only budgetary process required of the school board, I assume your inquiry to be whether a public hearing is required prior to adoption of the estimates. Although the school board meeting at which the estimate is approved would be subject to the open meeting requirement of the Virginia Freedom of Information Act, §2.1-340, et seq., of the Code, there is no requirement that a formal public hearing be held by the school board. A public hearing is required by §15.1-162 to be held by the governing body prior to approval of the local budget.

3b. The estimates need not be in the form of a line item budget. The only information which need be included in the two estimates is that enumerated in §22-1205. The estimate of the amount needed for the support of the public schools includes overhead charges, instruction, operations, maintenance, reserve fund, auxiliary agencies, miscellaneous, permanent capitalization, and "such other headings or items as may be necessary." The school board may wish to present further estimates within the categories prescribed by the State Board of Education pursuant to §22-127 of the Code, since the governing body may only appropriate within those categories or by lump sum. The alternative estimate of the amount deemed necessary for educational purposes need only show the number of children who reside in the county, city or town between the ages of six and twenty, multiplied by the expected average cost per child, plus a sum sufficient for debt service.

3c. Any line item estimates which had been prepared by the school board, even if not submitted to the governing body, would be subject to disclosure under the Virginia Freedom of Information Act, §2.1-342, et seq., and subject to the exceptions therein. See Opinion to the Honorable Bernard G. Barrow, Member, House of Delegates, dated March 24, 1978, a copy of which is enclosed, which held that "working papers, letters, reports, maps or other documents in the possession of a member of the planning staff of a city government" were official records subject to the act.