Recently, there has been a bit of discussion on the laws concerning conflict of interests. This topic is covered in the Virginia State Codes as the “State and Local Government Conflict of Interests Act.
By going to the Legislative Information System website’s code of Virginia Searchable Database, you can view or have a report which contains the particular code section sent to you email address. I have had a copy on file for quite some time now, and I last updated it in December. So, I went ahead and submitted a request for the latest “unofficial version” (although updated constantly, the only actual official version is the hard copy).
I’ve set the copy that I received on June 7, 2009 in a .pdf format for others to access quickly. You can find the document on MyVAResources.com. Click on the Issues and News link to go to that page. Right now, the link to the pdf file is the 3rd major heading down that list. (Take a moment to look around. You might find something else of interest.)
The Conflict of Interests Act you find is a 41 page document.
§ 2.2-3100.1. Copy of chapter; review by officers and employees.
Any person required to file a disclosure statement of personal interests pursuant to subsections A or B of § 2.2-3114, subsections A or B of § 2.2-3115 or § 2.2-3116 shall be furnished by the public body’s administrator a copy of this chapter within two weeks following the person’s election, reelection, employment, appointment or reappointment.
All officers and employees shall read and familiarize themselves with the provisions of this chapter.
(2004, cc. 134, 392.)
The reference to § 2.2-3115 specifically identifies the local government officers and employees referenced in the above statute and adds some more information concerning the responsibilities of those individuals.
§ 2.2-3115. Disclosure by local government officers and employees.
A. The members of every governing body and school board of each county and city and of towns with populations in excess of 3,500 shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in §2.2- 3117 and thereafter shall file such a statement annually on or before January 15.
The members of the governing body of any authority established in any county or city, or part or combination thereof, and having the power to issue bonds or expend funds in excess of $10,000 in any fiscal year, shall file, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117.
Persons occupying such positions of trust appointed by governing bodies and persons occupying such positions of employment with governing bodies as may be designated to file by ordinance of the governing body shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in §2.2-3117 and thereafter shall file such a statement annually on or before January 15.
Persons occupying such positions of trust appointed by school boards and persons occupying such positions of employment with school boards as may be designated to file by an adopted policy of the school board shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15.
B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.
C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth to the clerks of the governing bodies and school boards not later than November 30 of each year, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city.
D. Candidates for membership in the governing body or school board of any county, city or town with apopulation of more than 3,500 persons shall file a disclosure statement of their personal interests as required by § 24.2-502
E. Any officer or employee of local government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of § 2.2-3112 or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall be reflected in the public records of the agency for five years in the office of the administrative head of the officer’s or employee’s governmental or advisory agency.
F. In addition to any disclosure required by subsections A and B, in each county and city and in towns with populations in excess of 3,500, members of planning commissions, boards of zoning appeals, real estate assessors, and all county, city and town managers or executive officers shall make annual
disclosures of all their interests in real estate located in the county, city or town in which they are elected, appointed, or employed. Such disclosure shall include any business in which such persons own an interest, or from which income is received, if the primary purpose of the business is to own, develop or derive compensation through the sale, exchange or development of real estate in the county, city or town. Such disclosure shall be filed as a condition to assuming office or employment, and thereafter shall be filed annually with the clerk of the governing body of such county, city or town on or before January 15. Such disclosures shall be filed and maintained as public records for five years. Forms for the filing of such reports shall be prepared and distributed by the Secretary of the Commonwealth to the clerk of each governing body.
G. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 2 of § 2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer’s or employee’s personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes of his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reason able time is not available to comply with the provisions of this subsection prior to participationin the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting.
H. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 3 of § 2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day.
(1987, Sp. Sess., c. 1, § 2.1-639.14; 1988, c. 849; 1995, c. 495; 1996, c. 526; 2000, c. 317; 2001, cc.
217, 844; 2003, c. 694.)
This is only part of this particular code, but it is the part that seems most relevant in light of current discussions. You will note, if you read the entire document, that the law is fairly specific and detailed in application. Where most of our recent controversy has arisen, it has not been a matter of the law, but rather one of perception. You do not have to be doing something wrong for someone else to deem your behavior wrong in their belief system.
Someone can operate entirely within the law, and yet still earn the ire of those who see the actions as being ‘wrong’. Laws are intellectual, perceptions are often laced with emotion. Read the Act for yourself so that you know the facts and what is required. Then, look at those who go beyond the minimum requirements of the law to how their behaviors may be perceived….that is good leadership.
