                                 CODE OF VIRGINIA

DISCLOSURE BY STATE OFFICERS AND EMPLOYEES (§ 2.2-3114)

A. In accordance with the requirements set forth in &#xA7; 2.2-3118.2, the
Governor, Lieutenant Governor, Attorney General, Justices of the Supreme Court,
judges of the Court of Appeals, judges of any circuit court, judges and
substitute judges of any district court, members of the State Corporation
Commission, members of the Virginia Workers&#8217; Compensation Commission,
members of the Commonwealth Transportation Board, members of the Board of
Trustees of the Virginia Retirement System, members of the Board of Directors of
the Virginia Alcoholic Beverage Control Authority, members of the board of
directors of the Commonwealth of Virginia Innovation Partnership Authority,
members of the Board of the Commonwealth Savers Plan, and members of the
Virginia Lottery Board and other persons occupying such offices or positions of
trust or employment in state government, including members of the governing
bodies of authorities, as may be designated by the Governor, or officers or
employees of the legislative branch, as may be designated by the Joint Rules
Committee of the General Assembly, shall file with the Council, as a condition
to assuming office or employment, a disclosure statement of their personal
interests and such other information as is required on the form prescribed by
the Council pursuant to &#xA7; 2.2-3117 and thereafter shall file such a
statement annually on or before February 1.

B. In accordance with the requirements set forth in &#xA7; 2.2-3118.2,
nonsalaried citizen members of all policy and supervisory boards, commissions,
and councils in the executive branch of state government, other than the members
of the Commonwealth Transportation Board, members of the Board of Trustees of
the Virginia Retirement System, members of the board of directors of the
Commonwealth of Virginia Innovation Partnership Authority, members of the Board
of the Commonwealth Savers Plan, and members of the Virginia Lottery Board,
shall file with the Council, as a condition to assuming office, a disclosure
form of their personal interests and such other information as is required on
the form prescribed by the Council pursuant to &#xA7; 2.2-3118 and thereafter
shall file such form annually on or before February 1. Nonsalaried citizen
members of other boards, commissions, and councils, including advisory boards
and authorities, may be required to file a disclosure form if so designated by
the Governor, in which case the form shall be that prescribed by the Council
pursuant to &#xA7; 2.2-3118.

C. The disclosure forms required by subsections A and B shall be made available
by the Council at least 30 days prior to the filing deadline. Disclosure forms
shall be filed electronically with the Council in accordance with the standards
approved by it pursuant to &#xA7; 30-356. All forms shall be maintained as
public records for five years in the office of the Council. Such forms shall be
made public no later than six weeks after the filing deadline.

D. Candidates for the offices of Governor, Lieutenant Governor, or Attorney
General shall file a disclosure statement of their personal interests as
required by &#xA7; 24.2-502.

E. Any officer or employee of state 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 subsection A of &#xA7; 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 also be reflected in the public records of the
agency for five years in the office of the administrative head of the
officer&#8217;s or employee&#8217;s governmental agency or advisory agency or,
if the agency has a clerk, in the clerk&#8217;s office.

F. An officer or employee of state government who is required to declare his
interest pursuant to subdivision B 1 of &#xA7; 2.2-3112, shall declare his
interest by stating (i) the transaction involved, (ii) the nature of the
officer&#8217;s or employee&#8217;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 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.

G. An officer or employee of state government who is required to declare his
interest pursuant to subdivision B 2 of &#xA7; 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.

H. Notwithstanding any other provision of law, chairs of departments at a public
institution of higher education in the Commonwealth shall not be required to
file the disclosure form prescribed by the Council pursuant to &#xA7; 2.2-3117
or 2.2-3118.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.13; 1988, cc. 767, 849; 1992, c. 710;
1993, c. 303; 1997, c. 641; 2001, cc. 217, 844; 2003, c. 694; 2005, c. 169;
2006, c. 779; 2014, cc. 225, 792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774;
2017, cc. 829, 832; 2018, c. 528; 2023, c. 129; 2024, c. 217.