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.