It seems that it would be a lot easier at the State or National level to avoid issues of conflict of interest than it is at the Local level. In small towns and cities, it can be difficult to find people who are not so active in the community as to create either the perception of or actual conflict of interest.
Christiansburg is one of the three largest town's in the State of Virginia. Census Estimates for 2006 show that only Herndon (pop. 17,853 21,877), Leesburg (pop. 37,476), and Blacksburg (pop. 39,284) had greater populations than Christiansburg (pop. 17,853). In fact, there are 16 cities in Virginia that are smaller than Christiansburg in population.
Therefore, it would seem that Christiansburg should not have as difficult a time at making sure conflict on interest does not arise as an issue as some of those other jurisdictions with smaller population bases. However, it can still be a struggle.
In reviewing the State and Town Codes, I found that what ultimately makes the difference is not all of the paperwork filed that documents financial and real estate interest. It ultimately comes down to the honesty and integrity of elected and appointed officials.
It ultimately falls upon the shoulders of the elected or appointed officials to make a declaration of their interest in any project being discussed/voted on at any particular time. The State Code requires elected officials to file annually a specific disclosure statement of their personal interests. The same section of the State Code ( § 2.2-3115. Disclosure by local government officers and employees) allows local government to require by ordinance that:
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.
I cannot find anywhere in the Town Code where it indicates the Town Council has passed such an ordinance.
In that same code section, it is further noted :
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
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.
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.
§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction; exceptions. This section provides the specific exceptions that allow the flexibility for small towns and cities to function in an environment where there is a strong possibility for conflict of interest to occur.
Again, ultimately it all comes down to the honesty and integrity of elected and appointed officials to announce any potential for conflict of interest and either remove themselves from discussion/voting on issues, or to officially acknowledge that while the potential exists for conflict of interest he/she is officially stating that his/her affect on the discussion and vote will be for the public good, not for personal gain.
It also falls upon the shoulders of the citizens of the community to listen and watch the performance of officials, to speak up with questions and suggestions. This is also why the minutes of the meetings of the Town Council (which are current) and those of the Planning Commission (there are huge gaps where these are missing from previous years --- I'm still waiting to receive those from a FOIA request made 4 months ago) should be posted on the town's webpage. We need to be able to 'see' the discussions and when our 'voices' in local government display the honesty and integrity that we have a right to expect from these position, we need to see it and applaud them for that behavior! Conversely, when we have those who betray that trust, we also need to 'see' that as well and take whatever steps are necessary to correct the problem.