                                 CODE OF VIRGINIA

FURTHER EXCEPTIONS (§ 2.2-3110)

A. The provisions of Article 3 (§ 2.2-3106 et seq.) shall not apply to:

   1. The sale, lease or exchange of real property between an officer or employee
   and a governmental agency, provided the officer or employee does not
   participate in any way as such officer or employee in such sale, lease or
   exchange, and this fact is set forth as a matter of public record by the
   governing body of the governmental agency or by the administrative head
   thereof;

   2. The publication of official notices;

   3. Contracts between the government or school board of a county, city, or town
   with a population of less than 10,000 and an officer or employee of that
   county, city, or town government or school board when the total of such
   contracts between the government or school board and the officer or employee
   of that government or school board or a business controlled by him does not
   exceed $5,000 per year or such amount exceeds $5,000 and is less than $25,000
   but results from contracts arising from awards made on a sealed bid basis, and
   such officer or employee has made disclosure as provided for in &#xA7;
   2.2-3115;

   4. An officer or employee whose sole personal interest in a contract with the
   governmental agency is by reason of income from the contracting firm or
   governmental agency in excess of $5,000 per year, provided the officer or
   employee or a member of his immediate family does not participate and has no
   authority to participate in the procurement or letting of such contract on
   behalf of the contracting firm and the officer or employee either does not
   have authority to participate in the procurement or letting of the contract on
   behalf of his governmental agency or he disqualifies himself as a matter of
   public record and does not participate on behalf of his governmental agency 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 the
   institution is by reason of an ownership in the contracting firm in excess of
   three percent of the contracting firm&#8217;s equity or such ownership
   interest and income from the contracting firm is in excess of $5,000 per year,
   provided that (i) the officer or employee&#8217;s ownership interest, or
   ownership and income interest, and that of any immediate family member in the
   contracting firm is disclosed in writing to the president of the institution,
   which writing certifies that the officer or employee has not and will not
   participate in the contract negotiations on behalf of the contracting firm or
   the institution, (ii) the president of the institution, or an officer or
   administrator designated by the president of the institution to make findings
   imposed by this section, makes a written finding as a matter of public record
   that the contract is in the best interests of the institution, (iii) the
   officer or employee either does not have authority to participate in the
   procurement or letting of the contract on behalf of the institution or
   disqualifies himself as a matter of public record, and (iv) the officer or
   employee does not participate on behalf of the institution in negotiating the
   contract or approving the contract;

   6. Except when the governmental agency is the Virginia Retirement System,
   contracts between an officer&#8217;s or employee&#8217;s governmental agency
   and a public service corporation, financial institution, or company furnishing
   public utilities in which the officer or employee has a personal interest,
   provided the officer or employee disqualifies himself as a matter of public
   record and does not participate on behalf of his governmental agency in
   negotiating the contract or in approving the contract;

   7. Contracts for the purchase of goods or services when the contract does not
   exceed $500;

   8. Grants or other payment under any program wherein uniform rates for, or the
   amounts paid to, all qualified applicants are established solely by the
   administering governmental agency;

   9. An officer or employee whose sole personal interest in a contract with his
   own governmental agency is by reason of his marriage to his spouse who is
   employed by the same agency, if the spouse was employed by such agency for
   five or more years prior to marrying such officer or employee;

   10. Contracts entered into by an officer or employee or immediate family
   member of an officer or employee of a soil and water conservation district
   created pursuant to Article 3 (&#xA7; 10.1-506 et seq.) of Chapter 5 of Title
   10.1 to participate in the Virginia Agricultural Best Management Practices
   Cost-Share Program (the Program) established in accordance with &#xA7;
   10.1-546.1 or to participate in other cost-share programs for the installation
   of best management practices to improve water quality. This subdivision shall
   not apply to subcontracts or other agreements entered into by an officer or
   employee of a soil and water conservation district to provide services for
   implementation of a cost-share contract established under the Program or such
   other cost-share programs; or

   11. Contracts entered into by an officer or immediate family member of an
   officer of the Marine Resources Commission for goods or services for shellfish
   replenishment, provided that such officer or immediate family member does not
   participate in (i) awarding the contract, (ii) authorizing the procurement, or
   (iii) authorizing the use of alternate procurement methods pursuant to &#xA7;
   28.2-550.

B. Neither the provisions of this chapter nor, unless expressly provided
otherwise, any amendments thereto shall apply to those employment contracts or
renewals thereof or to any other contracts entered into prior to August 1, 1987,
which were in compliance with either the former Virginia Conflict of Interests
Act, Chapter 22 (&#xA7; 2.1-347 et seq.) or the former Comprehensive Conflict of
Interests Act, Chapter 40 (&#xA7; 2.1-599 et seq.) of Title 2.1 at the time of
their formation and thereafter. Those contracts shall continue to be governed by
the provisions of the appropriate prior Act. Notwithstanding the provisions of
subdivision (f)(4) of former &#xA7; 2.1-348 of Title 2.1 in effect prior to July
1, 1983, the employment by the same governmental agency of an officer or
employee and spouse or any other relative residing in the same household shall
not be deemed to create a material financial interest except when one of such
persons is employed in a direct supervisory or administrative position, or both,
with respect to such spouse or other relative residing in his household and the
annual salary of such subordinate is $35,000 or more.

HISTORY: 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;
2016, cc. 351, 531; 2017, cc. 150, 546, 829, 832; 2018, c. 742; 2020, c. 777.