VIRGINIA BEACH — Sheriff Ken Stolle, who previously announced plans to retire this year, has set a resignation date. So has City Councilman Rocky Holcomb.

Stolle, 69, will leave office Sept. 29, and Holcomb will resign from City Council at 1:59 p.m. that day — a minute before he’s sworn in as sheriff.

“I’m fulfilling my duties to District 1 all the way to the last minute,” said Holcomb, 55.

A person is not allowed to hold both the office of sheriff and be a City Council member.

When Stolle announced Aug. 1 his intention to retire this year, he didn’t provide a date. His elected term is set to expire at the end of 2025.

Once Holcomb’s resignation becomes effective, the City Council has 60 days to appoint an interim councilmember, according to the city. Under state law, if the council can’t agree or doesn’t act, Circuit Court judges will make an appointment to fill the vacancy.

“The City Council will determine the process and timeline for an interim appointment with these legal considerations in mind,” city spokesperson Bryan Clark wrote in an email.

The interim council member could serve for more than a year, as Holcomb’s term would’ve ended Dec. 31, 2024. District 1 includes portions of Kempsville, Lake Christopher and Bellamy Manor.

“The City Council could request a special election to be held prior to the November 2024 election, but it has historically not requested special elections on dates other than the November general election,” wrote Clark.

A special election can’t be called until there is a vacancy, according to the Virginia Beach registrar.

Several current council members originally were appointed to their seat, including Holcomb. In the past, when a council member has left before the end of his or her term, the city will call for applications, narrow the candidate list and hold public interviews and comment before voting on an interim member.

“City Council has not addressed the issue yet, so I cannot definitively say what the entire process will look like,” Clark wrote.

Stacy Parker, 757-222-5125, [email protected]

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