Here’s why the Prince William Board of Supervisors can’t appoint an interim in Jenkins’ absence

Editors note: John Jenkins, 79, passed away Thursday, Feb. 7, 2019, after complications from knee surgery. His death occurred after this story was posted.

DALE CITY — The seat with John Jenkins name has been empty since October.

That’s when the Neabsco District Supervisor on the Prince William County Board of Supervisors fell ill with pneumonia due to complications from knee surgery. In December, the county issued a statement noting that Jenkins’ staff was working back in the office to take care of business, responding to streetlight issues and constituent complaints.

Jenkins’ remains hospitalized, and county spokesman Jason Grant this week said little has changed at the Supervisors office, noting that Jenkins’ staff has things well in hand.

Potomac Local has received multiple questions for our readers asking if the Board of Supervisors plans to temporarily appoint someone to sit in for Jenkins in his absence.

A search of the law library at the Prince William County Courthouse revealed the Board could not arbitrally appoint an interim representative to temporarily take Jenkins’ place. If there is a vacancy on the Board, the Board may make a temporary replacement only if that vacancy occurs 180 days before an election.

“As of right now, there is no vacancy on the Board,” Prince William County Attorney Michelle Robl told Potomac Local on February 5. Jenkins is still a serving member of the Board, so no vacancy, no temporary appointment.

Jenkins and the rest of the seats on the Board of Supervisors are up for re-election on  Nov. 5, 2019.

Virginia law dives into the issue deeper, stating that if a vacancy opens on the Board of Supervisors outside of the 180-day timeframe, the Board may petition the county’s Circuit Court for a Writ of Special Election.

That election must be held 45 days after the writ is approved, but before 60 days after the writ is approved. The law only applies to counties like Prince William which have the Urban Executive form of government.

Jenkin’s absence from the Board comes as Supervisors will be digging into its annual budget discussions, prior to approving a new spending plan for the coming fiscal year by the end of April. The Board is also expected to discuss new roads and parks bonds that could total nearly $1 billion for new parks and road improvements.

Representing the Neabsco District which encompasses the majority of Dale City, Jenkins is in his seventh consecutive term on the Board of Supervisors and is the longest-serving incumbent. He’s a two-tour Vietnam Veteran, who earned the Bronze Star with Oak Leaf Cluster in Vietnam, retired from the Army as a Lieutenant Colonel in December 1980.

In 2016, Shawn Brann was temporarily appointed to the Prince William County School Board to fill in for Gil Trenum, a naval reservist who was deployed to Africa.

Trenum, a Republican, hand-picked Brann as his replacement, but Democrats balked and asked Virginia Attorney General Mark Herring for a special opinion on the matter. Herring ruled that the School Board need to point someone to fill the role, but that person could have been anyone, not necessarily someone endorsed by Trenum.

Trenum has since returned to the School Board and has said he won’t seek re-election this year where, just as it is on the Board of Supervisors, all seats on the School Board are up for re-election.