2.2-3103 - Prohibited conduct.
§ 2.2-3103. Prohibited conduct.
No officer or employee of a state or local governmental or advisory agencyshall:
1. Solicit or accept money or other thing of value for services performedwithin the scope of his official duties, except the compensation, expenses orother remuneration paid by the agency of which he is an officer or employee.This prohibition shall not apply to the acceptance of special benefits thatmay be authorized by law;
2. Offer or accept any money or other thing of value for or in considerationof obtaining employment, appointment, or promotion of any person with anygovernmental or advisory agency;
3. Offer or accept any money or other thing of value for or in considerationof the use of his public position to obtain a contract for any person orbusiness with any governmental or advisory agency;
4. Use for his own economic benefit or that of another party confidentialinformation that he has acquired by reason of his public position and whichis not available to the public;
5. Accept any money, loan, gift, favor, service, or business or professionalopportunity that reasonably tends to influence him in the performance of hisofficial duties. This subdivision shall not apply to any politicalcontribution actually used for political campaign or constituent servicepurposes and reported as required by Chapter 9.3 (§ 24.2-945 et seq.) ofTitle 24.2;
6. Accept any business or professional opportunity when he knows that thereis a reasonable likelihood that the opportunity is being afforded him toinfluence him in the performance of his official duties;
7. Accept any honoraria for any appearance, speech, or article in which theofficer or employee provides expertise or opinions related to the performanceof his official duties. The term "honoraria" shall not include any paymentfor or reimbursement to such person for his actual travel, lodging, orsubsistence expenses incurred in connection with such appearance, speech, orarticle or in the alternative a payment of money or anything of value not inexcess of the per diem deduction allowable under § 162 of the InternalRevenue Code, as amended from time to time. The prohibition in thissubdivision shall apply only to the Governor, Lieutenant Governor, AttorneyGeneral, Governor's Secretaries, and heads of departments of state government;
8. Accept a gift from a person who has interests that may be substantiallyaffected by the performance of the officer's or employee's official dutiesunder circumstances where the timing and nature of the gift would cause areasonable person to question the officer's or employee's impartiality in thematter affecting the donor. Violations of this subdivision shall not besubject to criminal law penalties; or
9. Accept gifts from sources on a basis so frequent as to raise an appearanceof the use of his public office for private gain. Violations of thissubdivision shall not be subject to criminal law penalties.
(1987, Sp. Sess., c. 1, § 2.1-639.4; 1994, cc. 663, 815, 851; 2001, c. 844;2006, cc. 787, 892.)