2.2-3114 - Disclosure by state officers and employees.
§ 2.2-3114. Disclosure by state officers and employees.
A. The Governor, Lieutenant Governor, Attorney General, Justices of theSupreme Court, judges of the Court of Appeals, judges of any circuit court,judges and substitute judges of any district court, members of the StateCorporation Commission, members of the Virginia Workers' CompensationCommission, members of the Commonwealth Transportation Board, members of theBoard of Trustees of the Virginia Retirement System, and members of the StateLottery Board and other persons occupying such offices or positions of trustor employment in state government, including members of the governing bodiesof authorities, as may be designated by the Governor or, in the case ofofficers or employees of the legislative branch, by the Joint Rules Committeeof the General Assembly, shall file, as a condition to assuming office oremployment, a disclosure statement of their personal interests and such otherinformation as is specified on the form set forth in § 2.2-3117 andthereafter shall file such a statement annually on or before January 15. Whenthe filing deadline falls on a Saturday, Sunday, or legal holiday, thedisclosure statement shall be filed on the next day that is not a Saturday,Sunday, or legal holiday.
B. Nonsalaried citizen members of all policy and supervisory boards,commissions and councils in the executive branch of state government, otherthan the Commonwealth Transportation Board, members of the Board of Trusteesof the Virginia Retirement System, and the State Lottery Board, shall file,as a condition to assuming office, a disclosure form of their personalinterests and such other information as is specified on the form set forth in§ 2.2-3118 and thereafter shall file such form annually on or before January15. When the filing deadline falls on a Saturday, Sunday, or legal holiday,the disclosure statement shall be filed on the next day that is not aSaturday, Sunday, or legal holiday. Nonsalaried citizen members of otherboards, 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 set forth in § 2.2-3118.
C. The disclosure forms required by subsections A and B shall be provided bythe Secretary of the Commonwealth to each officer and employee so designated,including officers appointed by legislative authorities, not later thanNovember 30 of each year. Disclosure forms shall be filed and maintained aspublic records for five years in the Office of the Secretary of theCommonwealth.
D. Candidates for the offices of Governor, Lieutenant Governor or AttorneyGeneral shall file a disclosure statement of their personal interests asrequired by § 24.2-502.
E. Any officer or employee of state 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 also be reflected in the public recordsof the agency for five years in the office of the administrative head of theofficer's or employee's governmental agency or advisory agency or, if theagency has a clerk, in the clerk's office.
F. An officer or employee of state government who is required to declare hisinterest pursuant to subdivision A 2 of § 2.2-3112, shall declare hisinterest by stating (i) the transaction involved, (ii) the nature of theofficer's or employee's personal interest affected by the transaction, (iii)that he is a member of a business, profession, occupation, or group themembers of which are affected by the transaction, 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.
G. An officer or employee of state 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, § 2.1-639.13; 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.)