2.2-3115 - Disclosure by local government officers and employees.
§ 2.2-3115. Disclosure by local government officers and employees.
A. The members of every governing body and school board of each county andcity and of towns with populations in excess of 3,500 shall file, as acondition to assuming office or employment, a disclosure statement of theirpersonal interests and other information as is specified on the form setforth in § 2.2-3117 and thereafter shall file such a statement annually on orbefore January 15.
The members of the governing body of any authority established in any countyor city, or part or combination thereof, and having the power to issue bondsor expend funds in excess of $10,000 in any fiscal year, shall file, as acondition to assuming office, a disclosure statement of their personalinterests 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 beforeJanuary 15, unless the governing body of the jurisdiction that appoints themembers requires that the members file the form set forth in § 2.2-3117.
Persons occupying such positions of trust appointed by governing bodies andpersons occupying such positions of employment with governing bodies as maybe designated to file by ordinance of the governing body shall file, as acondition to assuming office or employment, a disclosure statement of theirpersonal interests and other information as is specified on the form setforth in § 2.2-3117 and thereafter shall file such a statement annually on orbefore January 15.
Persons occupying such positions of trust appointed by school boards andpersons occupying such positions of employment with school boards as may bedesignated to file by an adopted policy of the school board shall file, as acondition to assuming office or employment, a disclosure statement of theirpersonal interests and other information as is specified on the form setforth in § 2.2-3117 and thereafter shall file such a statement annually on orbefore January 15.
B. Nonsalaried citizen members of local boards, commissions and councils asmay be designated by the governing body shall file, as a condition toassuming office, a disclosure form of their personal interests and such otherinformation as is specified on the form set forth in § 2.2-3118 andthereafter shall file such form annually on or before January 15.
C. The disclosure forms required by subsections A and B shall be provided bythe Secretary of the Commonwealth to the clerks of the governing bodies andschool boards not later than November 30 of each year, and the clerks of thegoverning body and school board shall distribute the forms to designatedindividuals no later than December 10 of each year. Forms shall be filed andmaintained as public records for five years in the office of the clerk of therespective governing body or school board. Forms filed by members ofgoverning bodies of authorities shall be filed and maintained as publicrecords for five years in the office of the clerk of the governing body ofthe county or city.
D. Candidates for membership in the governing body or school board of anycounty, city or town with a population of more than 3,500 persons shall filea 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 inany transaction before the governmental or advisory agency of which he is anofficer or employee and who is disqualified from participating in thattransaction pursuant to subdivision A 1 of § 2.2-3112 or otherwise elects todisqualify himself, shall forthwith make disclosure of the existence of hisinterest, including the full name and address of the business and the addressor parcel number for the real estate if the interest involves a business orreal estate, and his disclosure shall be reflected in the public records ofthe agency for five years in the office of the administrative head of theofficer's or employee's governmental or advisory agency.
F. In addition to any disclosure required by subsections A and B, in eachcounty and city and in towns with populations in excess of 3,500, members ofplanning commissions, boards of zoning appeals, real estate assessors, andall county, city and town managers or executive officers shall make annualdisclosures of all their interests in real estate located in the county, cityor town in which they are elected, appointed, or employed. Such disclosureshall include any business in which such persons own an interest, or fromwhich income is received, if the primary purpose of the business is to own,develop or derive compensation through the sale, exchange or development ofreal estate in the county, city or town. Such disclosure shall be filed as acondition to assuming office or employment, and thereafter shall be filedannually with the clerk of the governing body of such county, city or town onor before January 15. Such disclosures shall be filed and maintained aspublic records for five years. Forms for the filing of such reports shall beprepared and distributed by the Secretary of the Commonwealth to the clerk ofeach governing body.
G. An officer or employee of local government who is required to declare hisinterest pursuant to subdivision A 2 of § 2.2-3112 shall declare his interestby stating (i) the transaction involved, (ii) the nature of the officer's oremployee's personal interest affected by the transaction, (iii) that he is amember of a business, profession, occupation, or group the members of whichare affected by the transaction, and (iv) that he is able to participate inthe transaction fairly, objectively, and in the public interest. The officeror employee shall either make his declaration orally to be recorded inwritten minutes of his agency or file a signed written declaration with theclerk or administrative head of his governmental or advisory agency, asappropriate, who shall, in either case, retain and make available for publicinspection such declaration for a period of five years from the date ofrecording or receipt. If reasonable time is not available to comply with theprovisions of this subsection prior to participation in the transaction, theofficer or employee shall prepare and file the required declaration by theend of the next business day. The officer or employee shall also orallydisclose the existence of the interest during each meeting of thegovernmental or advisory agency at which the transaction is discussed andsuch disclosure shall be recorded in the minutes of the meeting.
H. An officer or employee of local government who is required to declare hisinterest pursuant to subdivision A 3 of § 2.2-3112, shall declare hisinterest by stating (i) the transaction involved, (ii) that a party to thetransaction is a client of his firm, (iii) that he does not personallyrepresent or provide services to the client, and (iv) that he is able toparticipate in the transaction fairly, objectively, and in the publicinterest. The officer or employee shall either make his declaration orally tobe recorded in written minutes for his agency or file a signed writtendeclaration with the clerk or administrative head of his governmental oradvisory agency, as appropriate, who shall, in either case, retain and makeavailable for public inspection such declaration for a period of five yearsfrom the date of recording or receipt. If reasonable time is not available tocomply with the provisions of this subsection prior to participation in thetransaction, the officer or employee shall prepare and file the requireddeclaration 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.)