§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction;exceptions.
A. Each officer and employee of any state or local governmental or advisoryagency who has a personal interest in a transaction:
1. Shall disqualify himself from participating in the transaction if (i) thetransaction has application solely to property or a business or governmentalagency in which he has a personal interest or a business that has aparent-subsidiary or affiliated business entity relationship with thebusiness in which he has a personal interest or (ii) he is unable toparticipate pursuant to subdivision 2, 3 or 4. Any disqualification under theprovisions of this subdivision shall be recorded in the public records of theofficer's or employee's governmental or advisory agency. The officer oremployee shall disclose his personal interest as required by § 2.2-3114 E or2.2-3115 E and shall not vote or in any manner act on behalf of his agency inthe transaction. The officer or employee shall be prohibited from (i)attending any portion of a closed meeting authorized by the Virginia Freedomof Information Act (§ 2.2-3700 et seq.) when the matter in which he has apersonal interest is discussed and (ii) discussing the matter in which he hasa personal interest with other governmental officers or employees at any time;
2. May participate in the transaction if he is a member of a business,profession, occupation, or group of three or more persons the members ofwhich are affected by the transaction, and he complies with the declarationrequirements of § 2.2-3114 F or 2.2-3115 G;
3. May participate in the transaction when a party to the transaction is aclient of his firm if he does not personally represent or provide services tosuch client and he complies with the declaration requirements of § 2.2-3114 Gor 2.2-3115 H; or
4. May participate in the transaction if it affects the public generally,even though his personal interest, as a member of the public, may also beaffected by that transaction.
B. Disqualification under the provisions of this section shall not preventany employee having a personal interest in a transaction in which his agencyis involved from representing himself or a member of his immediate family insuch transaction provided he does not receive compensation for suchrepresentation and provided he complies with the disqualification andrelevant disclosure requirements of this chapter.
C. Notwithstanding any other provision of law, if disqualifications ofofficers or employees in accordance with this section leave less than thenumber required by law to act, the remaining member or members shallconstitute a quorum for the conduct of business and have authority to act forthe agency by majority vote, unless a unanimous vote of all members isrequired by law, in which case authority to act shall require a unanimousvote of remaining members. Notwithstanding any provisions of this chapter tothe contrary, members of a local governing body whose sole interest in anyproposed sale, contract of sale, exchange, lease or conveyance is by virtueof their employment by a business involved in a proposed sale, contract ofsale, exchange, lease or conveyance, and where such member's or members' voteis essential to a constitutional majority required pursuant to Article VII,Section 9 of the Constitution of Virginia and § 15.2-2100, such member ormembers of the local governing body may vote and participate in thedeliberations of the governing body concerning whether to approve, enter intoor execute such sale, contract of sale, exchange, lease or conveyance.Official action taken under circumstances that violate this section may berescinded by the agency on such terms as the interests of the agency andinnocent third parties require.
D. The provisions of subsection A shall not prevent an officer or employeefrom participating in a transaction merely because such officer or employeeis a party in a legal proceeding of a civil nature concerning suchtransaction.
E. The provisions of subsection A shall not prevent an employee fromparticipating in a transaction regarding textbooks or other educationalmaterial for students at state institutions of higher education, when thosetextbooks or materials have been authored or otherwise created by theemployee.
(1987, Sp. Sess., c. 1, § 2.1-639.11; 2001, c. 844; 2003, c. 694; 2007, c.613.)
§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction;exceptions.
A. Each officer and employee of any state or local governmental or advisoryagency who has a personal interest in a transaction:
1. Shall disqualify himself from participating in the transaction if (i) thetransaction has application solely to property or a business or governmentalagency in which he has a personal interest or a business that has aparent-subsidiary or affiliated business entity relationship with thebusiness in which he has a personal interest or (ii) he is unable toparticipate pursuant to subdivision 2, 3 or 4. Any disqualification under theprovisions of this subdivision shall be recorded in the public records of theofficer's or employee's governmental or advisory agency. The officer oremployee shall disclose his personal interest as required by § 2.2-3114 E or2.2-3115 E and shall not vote or in any manner act on behalf of his agency inthe transaction. The officer or employee shall be prohibited from (i)attending any portion of a closed meeting authorized by the Virginia Freedomof Information Act (§ 2.2-3700 et seq.) when the matter in which he has apersonal interest is discussed and (ii) discussing the matter in which he hasa personal interest with other governmental officers or employees at any time;
2. May participate in the transaction if he is a member of a business,profession, occupation, or group of three or more persons the members ofwhich are affected by the transaction, and he complies with the declarationrequirements of § 2.2-3114 F or 2.2-3115 G;
3. May participate in the transaction when a party to the transaction is aclient of his firm if he does not personally represent or provide services tosuch client and he complies with the declaration requirements of § 2.2-3114 Gor 2.2-3115 H; or
4. May participate in the transaction if it affects the public generally,even though his personal interest, as a member of the public, may also beaffected by that transaction.
B. Disqualification under the provisions of this section shall not preventany employee having a personal interest in a transaction in which his agencyis involved from representing himself or a member of his immediate family insuch transaction provided he does not receive compensation for suchrepresentation and provided he complies with the disqualification andrelevant disclosure requirements of this chapter.
C. Notwithstanding any other provision of law, if disqualifications ofofficers or employees in accordance with this section leave less than thenumber required by law to act, the remaining member or members shallconstitute a quorum for the conduct of business and have authority to act forthe agency by majority vote, unless a unanimous vote of all members isrequired by law, in which case authority to act shall require a unanimousvote of remaining members. Notwithstanding any provisions of this chapter tothe contrary, members of a local governing body whose sole interest in anyproposed sale, contract of sale, exchange, lease or conveyance is by virtueof their employment by a business involved in a proposed sale, contract ofsale, exchange, lease or conveyance, and where such member's or members' voteis essential to a constitutional majority required pursuant to Article VII,Section 9 of the Constitution of Virginia and § 15.2-2100, such member ormembers of the local governing body may vote and participate in thedeliberations of the governing body concerning whether to approve, enter intoor execute such sale, contract of sale, exchange, lease or conveyance.Official action taken under circumstances that violate this section may berescinded by the agency on such terms as the interests of the agency andinnocent third parties require.
D. The provisions of subsection A shall not prevent an officer or employeefrom participating in a transaction merely because such officer or employeeis a party in a legal proceeding of a civil nature concerning suchtransaction.
E. The provisions of subsection A shall not prevent an employee fromparticipating in a transaction regarding textbooks or other educationalmaterial for students at state institutions of higher education, when thosetextbooks or materials have been authored or otherwise created by theemployee.
(1987, Sp. Sess., c. 1, § 2.1-639.11; 2001, c. 844; 2003, c. 694; 2007, c.613.)
§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction;exceptions.
A. Each officer and employee of any state or local governmental or advisoryagency who has a personal interest in a transaction:
1. Shall disqualify himself from participating in the transaction if (i) thetransaction has application solely to property or a business or governmentalagency in which he has a personal interest or a business that has aparent-subsidiary or affiliated business entity relationship with thebusiness in which he has a personal interest or (ii) he is unable toparticipate pursuant to subdivision 2, 3 or 4. Any disqualification under theprovisions of this subdivision shall be recorded in the public records of theofficer's or employee's governmental or advisory agency. The officer oremployee shall disclose his personal interest as required by § 2.2-3114 E or2.2-3115 E and shall not vote or in any manner act on behalf of his agency inthe transaction. The officer or employee shall be prohibited from (i)attending any portion of a closed meeting authorized by the Virginia Freedomof Information Act (§ 2.2-3700 et seq.) when the matter in which he has apersonal interest is discussed and (ii) discussing the matter in which he hasa personal interest with other governmental officers or employees at any time;
2. May participate in the transaction if he is a member of a business,profession, occupation, or group of three or more persons the members ofwhich are affected by the transaction, and he complies with the declarationrequirements of § 2.2-3114 F or 2.2-3115 G;
3. May participate in the transaction when a party to the transaction is aclient of his firm if he does not personally represent or provide services tosuch client and he complies with the declaration requirements of § 2.2-3114 Gor 2.2-3115 H; or
4. May participate in the transaction if it affects the public generally,even though his personal interest, as a member of the public, may also beaffected by that transaction.
B. Disqualification under the provisions of this section shall not preventany employee having a personal interest in a transaction in which his agencyis involved from representing himself or a member of his immediate family insuch transaction provided he does not receive compensation for suchrepresentation and provided he complies with the disqualification andrelevant disclosure requirements of this chapter.
C. Notwithstanding any other provision of law, if disqualifications ofofficers or employees in accordance with this section leave less than thenumber required by law to act, the remaining member or members shallconstitute a quorum for the conduct of business and have authority to act forthe agency by majority vote, unless a unanimous vote of all members isrequired by law, in which case authority to act shall require a unanimousvote of remaining members. Notwithstanding any provisions of this chapter tothe contrary, members of a local governing body whose sole interest in anyproposed sale, contract of sale, exchange, lease or conveyance is by virtueof their employment by a business involved in a proposed sale, contract ofsale, exchange, lease or conveyance, and where such member's or members' voteis essential to a constitutional majority required pursuant to Article VII,Section 9 of the Constitution of Virginia and § 15.2-2100, such member ormembers of the local governing body may vote and participate in thedeliberations of the governing body concerning whether to approve, enter intoor execute such sale, contract of sale, exchange, lease or conveyance.Official action taken under circumstances that violate this section may berescinded by the agency on such terms as the interests of the agency andinnocent third parties require.
D. The provisions of subsection A shall not prevent an officer or employeefrom participating in a transaction merely because such officer or employeeis a party in a legal proceeding of a civil nature concerning suchtransaction.
E. The provisions of subsection A shall not prevent an employee fromparticipating in a transaction regarding textbooks or other educationalmaterial for students at state institutions of higher education, when thosetextbooks or materials have been authored or otherwise created by theemployee.
(1987, Sp. Sess., c. 1, § 2.1-639.11; 2001, c. 844; 2003, c. 694; 2007, c.613.)
