                                 CODE OF VIRGINIA

ENFORCEMENT (§ 2.2-3126)

A. The provisions of this chapter relating to an officer or employee serving at
the state level of government shall be enforced by the Attorney General.
			In addition to any other powers and duties prescribed by law, the Attorney
General shall have the following powers and duties within the area for which he
is responsible under this section:

   1. He shall advise the agencies of state government and officers and employees
   serving at the state level of government on appropriate procedures for
   complying with the requirements of this chapter. He may review any disclosure
   statements, without notice to the affected person, for the purpose of
   determining satisfactory compliance, and shall investigate matters that come
   to his attention reflecting possible violations of the provisions of this
   chapter by officers and employees serving at the state level of government;

   2. If he determines that there is a reasonable basis to conclude that any
   officer or employee serving at the state level of government has knowingly
   violated any provision of this chapter, he shall designate an attorney for the
   Commonwealth who shall have complete and independent discretion in the
   prosecution of such officer or employee;

   3. He shall render advisory opinions to any state officer or employee who
   seeks advice as to whether the facts in a particular case would constitute a
   violation of the provisions of this chapter. He shall determine which opinions
   or portions thereof are of general interest to the public and may, from time
   to time, be published.
   				Irrespective of whether an opinion of the Attorney General has been
   requested and rendered, any person has the right to seek a declaratory
   judgment or other judicial relief as provided by law.

B. The provisions of this chapter relating to an officer or employee serving at
the local level of government shall be enforced by the attorney for the
Commonwealth within the political subdivision for which he is elected.
			Each attorney for the Commonwealth shall be responsible for prosecuting
violations by an officer or employee serving at the local level of government
and, if the Attorney General designates such attorney for the Commonwealth,
violations by an officer or employee serving at the state level of government.
In the event the violation by an officer or employee serving at the local level
of government involves more than one local jurisdiction, the Attorney General
shall designate which of the attorneys for the Commonwealth of the involved
local jurisdictions shall enforce the provisions of this chapter with regard to
such violation.
			Each attorney for the Commonwealth shall establish an appropriate written
procedure for implementing the disclosure requirements of local officers and
employees of his county, city or town, and for other political subdivisions,
whose principal offices are located within the jurisdiction served by such
attorney for the Commonwealth. The attorney for the Commonwealth shall provide a
copy of this act to all local officers and employees in the jurisdiction served
by such attorney who are required to file a disclosure statement pursuant to
Article 5 (&#xA7; 2.2-3113 et seq.) of this chapter. Failure to receive a copy
of the act shall not be a defense to such officers and employees if they are
prosecuted for violations of the act.
			Each attorney for the Commonwealth shall render advisory opinions as to
whether the facts in a particular case would constitute a violation of the
provisions of this chapter to the governing body and any local officer or
employee in his jurisdiction and to political subdivisions other than a county,
city or town, including regional political subdivisions whose principal offices
are located within the jurisdiction served by such attorney for the
Commonwealth. If the advisory opinion is written, then such written opinion
shall be a public record and shall be released upon request. In case the opinion
given by the attorney for the Commonwealth indicates that the facts would
constitute a violation, the officer or employee affected thereby may request
that the Attorney General review the opinion. A conflicting opinion by the
Attorney General shall act to revoke the opinion of the attorney for the
Commonwealth. The Attorney General shall determine which of his reviewing
opinions or portions thereof are of general interest to the public and may, from
time to time, be published.
			Irrespective of whether an opinion of the attorney for the Commonwealth or
the Attorney General has been requested and rendered, any person has the right
to seek a declaratory judgment or other judicial relief as provided by law.

HISTORY: 1987, Sp. Sess., c. 1, § 2.1-639.23; 2001, c. 844; 2003, c. 694.