                                 CODE OF VIRGINIA

DISCLOSURE BY LOCAL GOVERNMENT OFFICERS AND EMPLOYEES (§ 2.2-3115)

A. In accordance with the requirements set forth in &#xA7; 2.2-3118.2, the
members of every governing body and school board of each county and city and of
towns with populations in excess of 3,500 and the executive director and members
of each industrial development authority and economic development authority, as
created by the Industrial Development and Revenue Bond Act (&#xA7; 15.2-4900 et
seq.), shall file, as a condition to assuming office or employment, a disclosure
statement of their personal interests and 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.
			In accordance with the requirements set forth in &#xA7; 2.2-3118.2, the
members of the governing body of any authority established in any county or
city, or part or combination thereof, and having the power to issue bonds or
expend funds in excess of $10,000 in any fiscal year, other than the executive
director and members of each industrial development authority and economic
development authority, as created by the Industrial Development and Revenue Bond
Act (&#xA7; 15.2-4900 et seq.), shall file, as a condition to assuming office, a
disclosure statement of their personal interests and other information as is
required on the form prescribed by the Council pursuant to &#xA7; 2.2-3118 and
thereafter shall file such a statement annually on or before February 1, unless
the governing body of the jurisdiction that appoints the members requires that
the members file the form set forth in &#xA7; 2.2-3117.
			In accordance with the requirements set forth in &#xA7; 2.2-3118.2, the
members of the Northern Virginia Transportation Authority and the Northern
Virginia Transportation Commission shall file, as a condition to assuming
office, a disclosure of their personal interests and other information as is
required on the form prescribed by the Council pursuant to &#xA7; 2.2-3118 and
thereafter shall file such a statement annually on or before February 1.
			In accordance with the requirements set forth in &#xA7; 2.2-3118.2, persons
occupying such positions of trust appointed by governing bodies and persons
occupying such positions of employment with governing bodies as may be
designated to file by ordinance of the governing body shall file, as a condition
to assuming office or employment, a disclosure statement of their personal
interests and 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.
			In accordance with the requirements set forth in &#xA7; 2.2-3118.2, persons
occupying such positions of trust appointed by school boards and persons
occupying such positions of employment with school boards as may be designated
to file by an adopted policy of the school board shall file, as a condition to
assuming office or employment, a disclosure statement of their personal
interests and 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 local boards, commissions and councils as may be
designated by the governing body shall file, 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.

C. No person shall be mandated to file any disclosure not otherwise required by
this article.

D. The disclosure forms required by subsections A and B shall be made available
by the Virginia Conflict of Interest and Ethics Advisory Council at least 30
days prior to the filing deadline, and the clerks of the governing body and
school board shall distribute the forms to designated individuals at least 20
days prior to the filing deadline. Forms shall be filed and maintained as public
records for five years in the office of the clerk of the respective governing
body or school board. Forms filed by members of governing bodies of authorities
shall be filed and maintained as public records for five years in the office of
the clerk of the governing body of the county or city. Such forms shall be made
public no later than six weeks after the filing deadline.

E. Candidates for membership in the governing body or school board of any
county, city or town with a population of more than 3,500 persons shall file a
disclosure statement of their personal interests as required by &#xA7; 24.2-502.

F. Any officer or employee of local 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 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 or advisory agency.

G. In addition to any disclosure required by subsections A and B, in each county
and city and in towns with populations in excess of 3,500, members of planning
commissions, boards of zoning appeals, real estate assessors, and all county,
city and town managers or executive officers shall make annual disclosures of
all their interests in real estate located in the county, city or town in which
they are elected, appointed, or employed. Such disclosure shall include any
business in which such persons own an interest, or from which income is
received, if the primary purpose of the business is to own, develop or derive
compensation through the sale, exchange or development of real estate in the
county, city or town. In accordance with the requirements set forth in &#xA7;
2.2-3118.2, such disclosure shall be filed as a condition to assuming office or
employment, and thereafter shall be filed annually with the clerk of the
governing body of such county, city, or town on or before February 1. Such
disclosures shall be filed and maintained as public records for five years. Such
forms shall be made public no later than six weeks after the filing deadline.
Forms for the filing of such reports shall be made available by the Virginia
Conflict of Interest and Ethics Advisory Council to the clerk of each governing
body.

H. An officer or employee of local 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. The officer or employee shall also orally disclose the
existence of the interest during each meeting of the governmental or advisory
agency at which the transaction is discussed and such disclosure shall be
recorded in the minutes of the meeting.

I. An officer or employee of local 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.

J. The clerk of the governing body or school board that releases any form to the
public pursuant to this section shall redact from the form any residential
address, personal telephone number, email address, or signature contained on
such form; however, any form filed pursuant to subsection G shall not have any
residential addresses redacted.

HISTORY: 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; 2012, c. 429; 2014, cc.
792, 804; 2015, cc. 763, 777; 2016, cc. 773, 774; 2017, cc. 829, 832; 2020, cc.
73, 77, 81, 111.