Bill Text: VA HB899 | 2025 | Regular Session | Prefiled
Bill Title: Conflict of Interests Act, State and Local Government, etc.; deadline for public disclosure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-25 - Continued to 2025 in General Laws by voice vote [HB899 Detail]
Download: Virginia-2025-HB899-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-3106, as it is currently effective and as it may become effective, 2.2-3109.1, 2.2-3114, 2.2-3115, 2.2-3116, and 30-110 of the Code of Virginia are amended and reenacted as follows:
§2.2-3106. (Effective until date pursuant to Acts 2023, cc. 756 and 778, cl. 5) Prohibited contracts by officers and employees of state government and Eastern Virginia Medical School.
A. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment.
B. No officer or employee of any governmental agency of state government or Eastern Virginia Medical School shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in §2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.
C. The provisions of this section shall not apply to:
1. An employee's personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities;
2. The personal interest of an officer or employee of a public institution of higher education or the Eastern Virginia Medical School in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are engaged in teaching, research or administrative support positions at the educational institution or the Eastern Virginia Medical School, (ii) the governing board of the educational institution finds that it is in the best interests of the institution or the Eastern Virginia Medical School and the Commonwealth for such dual employment to exist, and (iii) after such finding, the governing board of the educational institution or the Eastern Virginia Medical School ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate or make personnel decisions regarding the other;
3. An officer's or employee's personal interest in a contract of employment with any other governmental agency of state government;
4. Contracts for the sale by a governmental agency or the Eastern Virginia Medical School of services or goods at uniform prices available to the general public;
5. An employee's personal interest in a contract between a public institution of higher education in the Commonwealth or the Eastern Virginia Medical School and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials;
6. An employee's personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution's public mission of service, research, or education;
7. Subject to approval by the board of visitors, an employee's personal interest in a contract between the Eastern Virginia Medical School or a public institution of higher education in the Commonwealth that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education or the Eastern Virginia Medical School and of which such employee is a member or employee;
8. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract for research and development or
commercialization of intellectual property between a public institution of
higher education in the Commonwealth or the Eastern Virginia Medical School and
a business in which the employee has a personal interest, if (i) the employee's
personal interest has been disclosed to and approved by such public institution
of higher education or the Eastern Virginia Medical School prior to the time at
which the contract is entered into; (ii) the employee promptly files a
disclosure statement pursuant to §2.2-3117 and thereafter files such statement
annually on or before February 1 December 15; (iii) the
institution has established a formal policy regarding such contracts, approved
by the State Council of Higher Education or, in the case of the Eastern
Virginia Medical School, a formal policy regarding such contracts in conformity
with any applicable federal regulations that has been approved by its board of
visitors; and (iv) no later than December 31 of each year, the institution or
the Eastern Virginia Medical School files an annual report with the Secretary
of the Commonwealth disclosing each open contract entered into subject to this
provision, the names of the parties to each contract, the date each contract
was executed and its term, the subject of each contractual arrangement, the
nature of the conflict of interest, the institution's or the Eastern Virginia
Medical School's employee responsible for administering each contract, the
details of the institution's or the Eastern Virginia Medical School's
commitment or investment of resources or finances for each contract, and any
other information requested by the Secretary of the Commonwealth; or
9. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract between a public institution of
higher education in the Commonwealth or the Eastern Virginia Medical School and
a business in which the employee has a personal interest, if (i) the personal
interest has been disclosed to the institution or the Eastern Virginia Medical
School prior to the time the contract is entered into; (ii) the employee files
a disclosure statement pursuant to §2.2-3117 and thereafter annually on or
before February 1
December 15; (iii) the employee does not participate in the
institution's or the Eastern Virginia Medical School's decision to contract;
(iv) the president of the institution or the Eastern Virginia Medical School
finds and certifies in writing that the contract is for goods and services
needed for quality patient care, including related medical education or research,
by the institution's medical center or the Eastern Virginia Medical School, its
affiliated teaching hospitals and other organizations necessary for the
fulfillment of its mission, including the acquisition of drugs, therapies and
medical technologies; and (v) no later than December 31 of each year, the
institution or the Eastern Virginia Medical School files an annual report with
the Secretary of the Commonwealth disclosing each open contract entered subject
to this provision, the names of the parties to each contract, the date each
contract was executed and its term, the subject of each contractual
arrangement, the nature of the conflict of interest, the institution's or the
Eastern Virginia Medical School's employee responsible for administering each
contract, the details of the institution's or the Eastern Virginia Medical
School's commitment or investment of resources or finances for each contract,
and any other information requested by the Secretary of the Commonwealth.
D. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Medical School pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Medical School to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations.
E. The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's or the Eastern Virginia Medical School's employee responsible for administering each contract, the details of the institution's or the Eastern Virginia Medical School's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the board of visitors.
§2.2-3106. (Effective pursuant to Acts 2023, cc. 756 and 778, cl. 5) Prohibited contracts by officers and employees of state government.
A. No officer or employee of any governmental agency of state government shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment.
B. No officer or employee of any governmental agency of state government shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in §2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.
C. The provisions of this section shall not apply to:
1. An employee's personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities;
2. The personal interest of an officer or employee of a public institution of higher education in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that (i) the officer or employee and the immediate family member are engaged in teaching, research, or administrative support positions at the educational institution; (ii) the governing board of the educational institution finds that it is in the best interests of the institution and the Commonwealth for such dual employment to exist; and (iii) after such finding, the governing board of the educational institution ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate, or make personnel decisions regarding the other;
3. An officer's or employee's personal interest in a contract of employment with any other governmental agency of state government;
4. Contracts for the sale by a governmental agency of services or goods at uniform prices available to the general public;
5. An employee's personal interest in a contract between a public institution of higher education in the Commonwealth and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials;
6. An employee's personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided that the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution's public mission of service, research, or education;
7. Subject to approval by the board of visitors, an employee's personal interest in a contract between a public institution of higher education in the Commonwealth that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education and of which such employee is a member or employee;
8. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract for research and development or
commercialization of intellectual property between a public institution of
higher education in the Commonwealth and a business in which the employee has a
personal interest, if (i) the employee's personal interest has been disclosed
to and approved by such public institution of higher education prior to the
time at which the contract is entered into; (ii) the employee promptly files a
disclosure statement pursuant to §2.2-3117 and thereafter files such statement
annually on or before February 1 December 15; (iii) the
institution has established a formal policy regarding such contracts, approved
by the State Council of Higher Education for Virginia; and (iv) no later than
December 31 of each year, the institution files an annual report with the
Secretary of the Commonwealth disclosing each open contract entered into
subject to this provision, the names of the parties to each contract, the date
each contract was executed and its term, the subject of each contractual
arrangement, the nature of the conflict of interest, the institution's employee
responsible for administering each contract, the details of the institution's
commitment or investment of resources or finances for each contract, and any
other information requested by the Secretary of the Commonwealth; or
9. Subject to approval by the relevant board of visitors, an
employee's personal interest in a contract between a public institution of
higher education in the Commonwealth and a business in which the employee has a
personal interest, if (i) the personal interest has been disclosed to the
institution prior to the time the contract is entered into; (ii) the employee
files a disclosure statement pursuant to §2.2-3117 and thereafter annually on
or before February 1
December 15; (iii) the employee does not participate in the
institution's decision to contract; (iv) the president of the institution finds
and certifies in writing that the contract is for goods and services needed for
quality patient care, including related medical education or research, by the
institution's medical center, its affiliated teaching hospitals and other
organizations necessary for the fulfillment of its mission, including the
acquisition of drugs, therapies and medical technologies; and (v) no later than
December 31 of each year, the institution files an annual report with the
Secretary of the Commonwealth disclosing each open contract entered subject to
this provision, the names of the parties to each contract, the date each
contract was executed and its term, the subject of each contractual
arrangement, the nature of the conflict of interest, the institution's employee
responsible for administering each contract, the details of the institution's
commitment or investment of resources or finances for each contract, and any
other information requested by the Secretary of the Commonwealth.
D. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Health Sciences Center at Old Dominion University pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Health Sciences Center at Old Dominion University to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations.
E. The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution's employee responsible for administering each contract, the details of the institution's commitment or investment of resources or finances for each contract, the details of how revenues are to be disbursed, and any other information requested by the board of visitors.
§2.2-3109.1. Prohibited contracts; additional exclusions for contracts by officers and employees of hospital authorities.
A. As used in this section, "hospital authority" means a hospital authority established pursuant to Chapter 53 (§15.2-5300 et seq.) of Title 15.2 or an Act of Assembly.
B. The provisions of §2.2-3109 shall not apply to:
1. The personal interest of an officer or employee of a hospital authority in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided (i) the officer or employee and the immediate family member are licensed members of the medical profession or hold administrative support positions at the hospital authority, (ii) the governing board of the hospital authority finds that it is in the best interests of the hospital authority and the county, city, or town for such dual employment to exist, and (iii) after such finding, the governing board of the hospital authority ensures that neither the officer or employee, nor the immediate family member, has sole authority to supervise, evaluate, or make personnel decisions regarding the other;
2. Subject to approval by the governing board of the hospital authority, an officer or employee's personal interest in a contract between his hospital authority and a professional entity that operates a clinical practice at any medical facilities of such other hospital authority and of which such officer or employee is a member or employee;
3. Subject to approval by the relevant governing body, an
officer or employee's personal interest in a contract for research and
development or commercialization of intellectual property between the hospital
authority and a business in which the employee has a personal interest,
provided (i) the officer or employee's personal interest has been disclosed to
and approved by the hospital authority prior to the time at which the contract
is entered into; (ii) the officer or employee promptly files a disclosure
statement pursuant to §2.2-3117 and thereafter files such statement annually
on or before January
December 15; (iii) the local hospital authority has
established a formal policy regarding such contracts in conformity with any
applicable federal regulations that has been approved by its governing body;
and (iv) no later than December 31 of each year, the local hospital authority
files an annual report with the Virginia Conflict of Interest and Ethics
Advisory Council disclosing each open contract entered into subject to this
provision, the names of the parties to each contract, the date each contract
was executed and its term, the subject of each contractual arrangement, the
nature of the conflict of interest, the hospital authority's employee
responsible for administering each contract, the details of such hospital
authority's commitment or investment of resources or finances for each
contract, and any other information requested by the Virginia Conflict of
Interest and Ethics Advisory Council; or
4. Subject to approval by the relevant governing body, an
officer or employee's personal interest in a contract between the hospital
authority and a business in which the officer or employee has a personal
interest, provided (i) the personal interest has been disclosed to the hospital
authority prior to the time the contract is entered into; (ii) the officer or
employee files a disclosure statement pursuant to §2.2-3117 and thereafter
annually on or before January December 15; (iii) the officer
or employee does not participate in the hospital authority's decision to
contract; (iv) the president or chief executive officer of the hospital
authority finds and certifies in writing that the contract is for goods and
services needed for quality patient care, including related medical education
or research, by any of the hospital authority's medical facilities or any of
its affiliated organizations, or is otherwise necessary for the fulfillment of
its mission, including but not limited to the acquisition of drugs, therapies,
and medical technologies; and (v) no later than December 31 of each year, the
hospital authority files an annual report with the Virginia Conflict of
Interest and Ethics Advisory Council disclosing each open contract entered into
subject to this provision, the names of the parties to each contract, the date
each contract was executed and its term, the subject of each contractual
arrangement, the nature of the conflict of interest, the hospital authority's
employee responsible for administering each contract, the details of the
hospital authority's commitment or investment of resources or finances for each
contract, and any other information requested by the Virginia Conflict of
Interest and Ethics Advisory Council.
C. Notwithstanding the provisions of subdivisions B 3 and B 4, if the research and development or commercialization of intellectual property or the officer or employee's personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interest, the policies established by the hospital authority pursuant to such federal requirements shall constitute compliance with subdivisions B 3 and B 4, upon notification by the hospital authority to the Virginia Conflict of Interest and Ethics Advisory Council by January 31 of each year of evidence of its compliance with such federal policies and regulations.
D. The governing body may delegate the authority granted under subdivision B 2 to the president or chief executive officer of hospital authority. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision B 3. In those instances where the board has delegated such authority, on or before December 1 of each year, the president or chief executive officer of the hospital authority shall file a report with the relevant governing body disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the hospital authority's employee responsible for administering each contract, the details of the hospital authority's commitment or investment of resources or finances for each contract, the details of how revenues are to be dispersed, and any other information requested by the governing body.
§2.2-3114. Disclosure by state officers and employees.
A. In accordance with the requirements set forth in §
2.2-3118.2, the Governor, Lieutenant Governor, Attorney General, Justices of
the Supreme Court, judges of the Court of Appeals, judges of any circuit court,
judges and substitute judges of any district court, members of the State
Corporation Commission, members of the Virginia Workers' Compensation
Commission, members of the Commonwealth Transportation Board, members of the
Board of Trustees of the Virginia Retirement System, members of the Board of
Directors of the Virginia Alcoholic Beverage Control Authority, members of the
board of directors of the Commonwealth of Virginia Innovation Partnership
Authority, members of the Board of the Virginia College Savings Plan, and
members of the Virginia Lottery Board and other persons occupying such offices
or positions of trust or employment in state government, including members of
the governing bodies of authorities, as may be designated by the Governor, or
officers or employees of the legislative branch, as may be designated by the
Joint Rules Committee of the General Assembly, shall file with the Council, as
a condition to assuming office or employment, a disclosure statement of their
personal interests and such other information as is required on the form
prescribed by the Council pursuant to §2.2-3117 and thereafter shall file such
a statement annually on or before February 1 December
15.
B. In accordance with the requirements set forth in §
2.2-3118.2, nonsalaried citizen members of all policy and supervisory boards,
commissions, and councils in the executive branch of state government, other
than the members of the Commonwealth Transportation Board, members of the Board
of Trustees of the Virginia Retirement System, members of the board of
directors of the Commonwealth of Virginia Innovation Partnership Authority,
members of the Board of the Virginia College Savings Plan, and members of the
Virginia Lottery Board, shall file with the Council, as a condition to assuming
office, a disclosure form of their personal interests and such other
information as is required on the form prescribed by the Council pursuant to §
2.2-3118 and thereafter shall file such form annually on or before February 1
December 15. Nonsalaried citizen members of other boards,
commissions, and councils, including advisory boards and authorities, may be
required to file a disclosure form if so designated by the Governor, in which
case the form shall be that prescribed by the Council pursuant to §2.2-3118.
C. The disclosure forms required by subsections A and B shall
be made available by the Council at least 30 days prior to the filing deadline.
Disclosure forms shall be filed electronically with the Council in accordance
with the standards approved by it pursuant to §30-356. All forms shall be
maintained as public records for five years in the office of the Council. Such
forms shall be made public no later than six weeks thirty days
after the filing deadline.
D. Candidates for the offices of Governor, Lieutenant Governor, or Attorney General shall file a disclosure statement of their personal interests as required by §24.2-502.
E. Any officer or employee of state 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 subsection A 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 also 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 agency or advisory agency or, if the agency has a clerk, in the clerk's office.
F. An officer or employee of state government who is required to declare his interest pursuant to subdivision B 1 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 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.
G. An officer or employee of state government who is required to declare his interest pursuant to subdivision B 2 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.
H. Notwithstanding any other provision of law, chairs of departments at a public institution of higher education in the Commonwealth shall not be required to file the disclosure form prescribed by the Council pursuant to §2.2-3117 or 2.2-3118.
§2.2-3115. Disclosure by local government officers and employees.
A. In accordance with the requirements set forth in §
2.2-3118.2, the members of every governing body and school board of each county
and city and of towns with populations in excess of 3,500 and the executive
director and members of each industrial development authority and economic
development authority, as created by the Industrial Development and Revenue
Bond Act (§15.2-4900 et seq.), shall file, as a condition to assuming office
or employment, a disclosure statement of their personal interests and other
information as is required on the form prescribed by the Council pursuant to §
2.2-3117 and thereafter shall file such a statement
annually on or before February 1 December 15.
In accordance with the requirements set forth in §2.2-3118.2,
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, other than the executive
director and members of each industrial development authority and economic
development authority, as created by the Industrial Development and Revenue
Bond Act (§15.2-4900 et seq.), shall file, as a condition to assuming office,
a disclosure statement of their personal interests and other information as is
required on the form prescribed by the Council pursuant to §2.2-3118 and
thereafter shall file such a statement annually on or before February 1 December
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.
In accordance with the requirements set forth in §2.2-3118.2,
the members of the Northern Virginia Transportation Authority and the Northern
Virginia Transportation Commission shall file, as a condition to assuming
office, a disclosure of their personal interests and other information as is
required on the form prescribed by the Council pursuant to §2.2-3118 and
thereafter shall file such a statement annually on or before February 1
December 15.
In accordance with the requirements set forth in §2.2-3118.2,
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 required on the form prescribed
by the Council pursuant to §2.2-3117 and thereafter shall file such a
statement annually on or before February 1 December
15.
In accordance with the requirements set forth in §2.2-3118.2,
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 required on the form prescribed
by the Council pursuant to §2.2-3117 and thereafter shall file such a
statement annually on or before February 1 December
15.
B. In accordance with the requirements set forth in §
2.2-3118.2, 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 required on the form prescribed by the Council pursuant
to §2.2-3118 and thereafter shall file such form annually on or before February 1
December 15.
C. No person shall be mandated to file any disclosure not otherwise required by this article.
D. The disclosure forms required by subsections A and B shall
be made available by the Virginia Conflict of Interest and Ethics Advisory
Council at least 30 days prior to the filing deadline, and the clerks of the
governing body and school board shall distribute the forms to designated
individuals at least 20 days prior to the filing deadline. 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. Such forms shall be made public no later than six
weeks thirty days
after the filing deadline.
E. Candidates for membership in the governing body or school board of any county, city or town with a population of more than 3,500 persons shall file a disclosure statement of their personal interests as required by § 24.2-502.
F. 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 subsection A 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.
G. 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. In accordance with the requirements
set forth in §2.2-3118.2, 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 February 1
December 15. Such disclosures shall be filed and maintained
as public records for five years. Such forms shall be made public no later than six weeks thirty days
after the filing deadline. Forms for the filing of such reports shall be made
available by the Virginia Conflict of Interest and Ethics Advisory Council to
the clerk of each governing body.
H. An officer or employee of local government who is required to declare his interest pursuant to subdivision B 1 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 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. 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.
I. An officer or employee of local government who is required to declare his interest pursuant to subdivision B 2 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.
J. The clerk of the governing body or school board that releases any form to the public pursuant to this section shall redact from the form any residential address, personal telephone number, email address, or signature contained on such form; however, any form filed pursuant to subsection G shall not have any residential addresses redacted.
§2.2-3116. Disclosure by certain constitutional officers.
For the purposes of this chapter, holders of the
constitutional offices of treasurer, sheriff, attorney for the Commonwealth,
clerk of the circuit court, and commissioner of the revenue of each county and
city shall be required to file with the Council, as a condition to assuming
office, the Statement of Economic Interests prescribed by the Council pursuant to
§2.2-3117. These officers shall file statements annually
on or before February 1 December 15.
Candidates shall file statements as required by §24.2-502. Statements shall be
filed electronically with the Council in accordance with the standards approved
by it pursuant to §30-356. These officers shall be subject to the prohibition
on certain gifts set forth in subsection B of §2.2-3103.1.
§30-110. Disclosure.
A. In accordance with the requirements set forth in §
30-111.1, every legislator and legislator-elect shall file, as a condition to
assuming office, a disclosure statement of his personal interests and such
other information as is required on the form prescribed by the Council pursuant
to §30-111 and thereafter shall file such a statement
annually on or before February 1 December 15.
Disclosure forms shall be made available by the Virginia Conflict of Interest
and Ethics Advisory Council at least 30 days prior to the filing deadline.
Disclosure forms shall be filed electronically with the Virginia Conflict of
Interest and Ethics Advisory Council in accordance with the standards approved
by it pursuant to §30-356. The disclosure forms of the members of the General
Assembly shall be maintained as public records for five years in the office of
the Virginia Conflict of Interest and Ethics Advisory Council. Such forms shall
be made public no later than six weeks thirty days
after the filing deadline.
B. Candidates for the General Assembly shall file a disclosure statement of their personal interests as required by §§24.2-500 through 24.2-503.
C. Any legislator who has a personal interest in any transaction pending before the General Assembly and who is disqualified from participating in that transaction pursuant to §30-108 and the rules of his house shall disclose his interest in accordance with the applicable rule of his house.
