Town Incorporation of Massanutten

2.3 – VA Commission of Local Government (CLG)

The VA Commission on Local Government (CLG) assists counties, cities, and towns in VA by promoting and preserving the viability of local governments by fostering positive intergovernmental relations. It is composed of five (5) members appointed by the Governor and confirmed by the VA General Assembly. The members are required by statute to have knowledge and experience in local government, and they can hold no other elective or appointive office while on the CLG. The CLG members are appointed for five (5) year terms and are eligible for reappointment. The CLG holds regular meetings once every two (2) months – special meetings may be called by any member and must be held on such occasions as may be reasonably necessary to carry out their duties.

As previously discussed, members of the VA General Assembly could ask the CLG to conduct a review of a community incorporation proposal prior to the VA General Assembly consideration for town incorporation via direct enactment. Also, as previously discussed, the Special Court of a petition for town incorporation via judicial proceedings may request that the CLG conduct a review of the proposed incorporation prior to the court’s hearing on the petition.

If requested by the Special Court or the VA General Assembly, the CLG will conduct a public hearing of its own to determine if the criteria for incorporation have been satisfied. The VAC (1VAC50-20-630) delineates guidelines for the role of the CLG in such a public hearing.

  1. The CLG public hearing shall be held no sooner than 30 days after receipt of the Court request. Any interested person or party may testify at the public hearing.
  2. The CLG shall publish a notice regarding the time and place of the hearing as required by law.
  3. The CLG shall request that all parties involved with the incorporation request must place on public display copies of all materials which have been submitted to the Court and the CLG. The published notice (item 2 above) shall include an announcement of when and where the materials will be available.
  4. The CLG shall make suitable arrangements for the registration of speakers at the public hearing.
  5. The CLG Chairman shall select a site for the public hearing based on recommendations from the parties.
  6. The CLG shall request that the parties cooperate in the preparation of the site for the public hearing to include display of maps and exhibits at the hearing site.
  7. The CLG shall request the local jurisdiction of the public hearing site to make appropriate arrangements in order to assure the security and orderliness of the proceedings.
  8. The CLG Chairman shall determine the sequence of speakers at the public hearing.
  9. The CLG shall endeavor to allow any person or party wishing to speak at the public hearing an opportunity to do so. The CLG Chairman may establish time limits for each speaker and may also rule testimony irrelevant, immaterial, or unduly repetitious.
  10. Any person or party testifying may extend their remarks in written form for subsequent submission.
  11. The CLG may record all testimony given during the public hearing, but prepare a transcript only when deemed appropriate – copy of transcripts or recordings can be made available at a sufficient cost.
  12. The CLG may consolidate two or more inter-local issues for purposes of a public hearing.