2.2-3110 - Further exceptions.
§ 2.2-3110. Further exceptions.
A. The provisions of Article 3 (§ 2.2-3106 et seq.) of this chapter shall notapply to:
1. The sale, lease or exchange of real property between an officer oremployee and a governmental agency, provided the officer or employee does notparticipate in any way as such officer or employee in such sale, lease orexchange, and this fact is set forth as a matter of public record by thegoverning body of the governmental agency or by the administrative headthereof;
2. The publication of official notices;
3. Contracts between the government or school board of a town or city with apopulation of less than 10,000 and an officer or employee of that town orcity government or school board when the total of such contracts between thetown or city government or school board and the officer or employee of thattown or city government or school board or a business controlled by him doesnot exceed $10,000 per year or such amount exceeds $10,000 and is less than$25,000 but results from contracts arising from awards made on a sealed bidbasis, and such officer or employee has made disclosure as provided for in §2.2-3115;
4. An officer or employee whose sole personal interest in a contract with thegovernmental agency is by reason of income from the contracting firm orgovernmental agency in excess of $10,000 per year, provided the officer oremployee or a member of his immediate family does not participate and has noauthority to participate in the procurement or letting of such contract onbehalf of the contracting firm and the officer or employee either does nothave authority to participate in the procurement or letting of the contracton behalf of his governmental agency or he disqualifies himself as a matterof public record and does not participate on behalf of his governmentalagency in negotiating the contract or in approving the contract;
5. When the governmental agency is a public institution of higher education,an officer or employee whose personal interest in a contract with theinstitution is by reason of an ownership in the contracting firm in excess ofthree percent of the contracting firm's equity or such ownership interest andincome from the contracting firm is in excess of $10,000 per year, providedthat (i) the officer or employee's ownership interest, or ownership andincome interest, and that of any immediate family member in the contractingfirm is disclosed in writing to the president of the institution, whichwriting certifies that the officer or employee has not and will notparticipate in the contract negotiations on behalf of the contracting firm orthe institution, (ii) the president of the institution makes a writtenfinding as a matter of public record that the contract is in the bestinterests of the institution, (iii) the officer or employee either does nothave authority to participate in the procurement or letting of the contracton behalf of the institution or disqualifies himself as a matter of publicrecord, and (iv) does not participate on behalf of the institution innegotiating the contract or approving the contract;
6. Except when the governmental agency is the Virginia Retirement System,contracts between an officer's or employee's governmental agency and a publicservice corporation, financial institution, or company furnishing publicutilities in which the officer or employee has a personal interest, providedthe officer or employee disqualifies himself as a matter of public record anddoes not participate on behalf of his governmental agency in negotiating thecontract or in approving the contract;
7. Contracts for the purchase of goods or services when the contract does notexceed $500;
8. Grants or other payment under any program wherein uniform rates for, orthe amounts paid to, all qualified applicants are established solely by theadministering governmental agency; or
9. An officer or employee whose sole personal interest in a contract with hisown governmental agency is by reason of his marriage to his spouse who isemployed by the same agency, if the spouse was employed by such agency forfive or more years prior to marrying such officer or employee.
B. Neither the provisions of this chapter nor, unless expressly providedotherwise, any amendments thereto shall apply to those employment contractsor renewals thereof or to any other contracts entered into prior to August 1,1987, which were in compliance with either the former Virginia Conflict ofInterests Act, Chapter 22 (§ 2.1-347 et seq.) or the former ComprehensiveConflict of Interests Act, Chapter 40 (§ 2.1-599 et seq.) of Title 2.1 at thetime of their formation and thereafter. Those contracts shall continue to begoverned by the provisions of the appropriate prior Act. Notwithstanding theprovisions of subdivision (f) (4) of § 2.1-348 of Title 2.1 in effect priorto July 1, 1983, the employment by the same governmental agency of an officeror employee and spouse or any other relative residing in the same householdshall not be deemed to create a material financial interest except when oneof such persons is employed in a direct supervisory or administrativeposition, or both, with respect to such spouse or other relative residing inhis household and the annual salary of such subordinate is $35,000 or more.
(1987, Sp. Sess., c. 1, § 2.1-639.9; 1990, c. 51; 1993, c. 303; 1994, cc.450, 713; 1997, c. 641; 2001, c. 844; 2006, c. 839; 2010, cc. 301, 304.)