A. The provisions of this chapter relating to an officer or employee servingat the state level of government shall be enforced by the Attorney General.
In addition to any other powers and duties prescribed by law, the AttorneyGeneral shall have the following powers and duties within the area for whichhe is responsible under this section:
1. He shall advise the agencies of state government and officers andemployees serving at the state level of government on appropriate proceduresfor complying with the requirements of this chapter. He may review anydisclosure statements, without notice to the affected person, for the purposeof determining satisfactory compliance, and shall investigate matters thatcome to his attention reflecting possible violations of the provisions ofthis chapter by officers and employees serving at the state level ofgovernment;
2. If he determines that there is a reasonable basis to conclude that anyofficer or employee serving at the state level of government has knowinglyviolated any provision of this chapter, he shall designate an attorney forthe Commonwealth who shall have complete and independent discretion in theprosecution of such officer or employee;
3. He shall render advisory opinions to any state officer or employee whoseeks advice as to whether the facts in a particular case would constitute aviolation of the provisions of this chapter. He shall determine whichopinions 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 requestedand rendered, any person has the right to seek a declaratory judgment orother judicial relief as provided by law.
B. The provisions of this chapter relating to an officer or employee servingat the local level of government shall be enforced by the attorney for theCommonwealth within the political subdivision for which he is elected.
Each attorney for the Commonwealth shall be responsible for prosecutingviolations by an officer or employee serving at the local level of governmentand, if the Attorney General designates such attorney for the Commonwealth,violations by an officer or employee serving at the state level ofgovernment. In the event the violation by an officer or employee serving atthe local level of government involves more than one local jurisdiction, theAttorney General shall designate which of the attorneys for the Commonwealthof the involved local jurisdictions shall enforce the provisions of thischapter with regard to such violation.
Each attorney for the Commonwealth shall establish an appropriate writtenprocedure for implementing the disclosure requirements of local officers andemployees of his county, city or town, and for other political subdivisions,whose principal offices are located within the jurisdiction served by suchattorney for the Commonwealth. The attorney for the Commonwealth shallprovide a copy of this act to all local officers and employees in thejurisdiction served by such attorney who are required to file a disclosurestatement pursuant to Article 5 (§ 2.2-3113 et seq.) of this chapter. Failureto receive a copy of the act shall not be a defense to such officers andemployees if they are prosecuted for violations of the act.
Each attorney for the Commonwealth shall render advisory opinions as towhether the facts in a particular case would constitute a violation of theprovisions of this chapter to the governing body and any local officer oremployee in his jurisdiction and to political subdivisions other than acounty, city or town, including regional political subdivisions whoseprincipal offices are located within the jurisdiction served by such attorneyfor the Commonwealth. If the advisory opinion is written, then such writtenopinion shall be a public record and shall be released upon request. In casethe opinion given by the attorney for the Commonwealth indicates that thefacts would constitute a violation, the officer or employee affected therebymay request that the Attorney General review the opinion. A conflictingopinion by the Attorney General shall act to revoke the opinion of theattorney for the Commonwealth. The Attorney General shall determine which ofhis reviewing opinions or portions thereof are of general interest to thepublic and may, from time to time, be published.
Irrespective of whether an opinion of the attorney for the Commonwealth orthe Attorney General has been requested and rendered, any person has theright to seek a declaratory judgment or other judicial relief as provided bylaw.
(1987, Sp. Sess., c. 1, § 2.1-639.23; 2001, c. 844; 2003, c. 694.)
A. The provisions of this chapter relating to an officer or employee servingat the state level of government shall be enforced by the Attorney General.
In addition to any other powers and duties prescribed by law, the AttorneyGeneral shall have the following powers and duties within the area for whichhe is responsible under this section:
1. He shall advise the agencies of state government and officers andemployees serving at the state level of government on appropriate proceduresfor complying with the requirements of this chapter. He may review anydisclosure statements, without notice to the affected person, for the purposeof determining satisfactory compliance, and shall investigate matters thatcome to his attention reflecting possible violations of the provisions ofthis chapter by officers and employees serving at the state level ofgovernment;
2. If he determines that there is a reasonable basis to conclude that anyofficer or employee serving at the state level of government has knowinglyviolated any provision of this chapter, he shall designate an attorney forthe Commonwealth who shall have complete and independent discretion in theprosecution of such officer or employee;
3. He shall render advisory opinions to any state officer or employee whoseeks advice as to whether the facts in a particular case would constitute aviolation of the provisions of this chapter. He shall determine whichopinions 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 requestedand rendered, any person has the right to seek a declaratory judgment orother judicial relief as provided by law.
B. The provisions of this chapter relating to an officer or employee servingat the local level of government shall be enforced by the attorney for theCommonwealth within the political subdivision for which he is elected.
Each attorney for the Commonwealth shall be responsible for prosecutingviolations by an officer or employee serving at the local level of governmentand, if the Attorney General designates such attorney for the Commonwealth,violations by an officer or employee serving at the state level ofgovernment. In the event the violation by an officer or employee serving atthe local level of government involves more than one local jurisdiction, theAttorney General shall designate which of the attorneys for the Commonwealthof the involved local jurisdictions shall enforce the provisions of thischapter with regard to such violation.
Each attorney for the Commonwealth shall establish an appropriate writtenprocedure for implementing the disclosure requirements of local officers andemployees of his county, city or town, and for other political subdivisions,whose principal offices are located within the jurisdiction served by suchattorney for the Commonwealth. The attorney for the Commonwealth shallprovide a copy of this act to all local officers and employees in thejurisdiction served by such attorney who are required to file a disclosurestatement pursuant to Article 5 (§ 2.2-3113 et seq.) of this chapter. Failureto receive a copy of the act shall not be a defense to such officers andemployees if they are prosecuted for violations of the act.
Each attorney for the Commonwealth shall render advisory opinions as towhether the facts in a particular case would constitute a violation of theprovisions of this chapter to the governing body and any local officer oremployee in his jurisdiction and to political subdivisions other than acounty, city or town, including regional political subdivisions whoseprincipal offices are located within the jurisdiction served by such attorneyfor the Commonwealth. If the advisory opinion is written, then such writtenopinion shall be a public record and shall be released upon request. In casethe opinion given by the attorney for the Commonwealth indicates that thefacts would constitute a violation, the officer or employee affected therebymay request that the Attorney General review the opinion. A conflictingopinion by the Attorney General shall act to revoke the opinion of theattorney for the Commonwealth. The Attorney General shall determine which ofhis reviewing opinions or portions thereof are of general interest to thepublic and may, from time to time, be published.
Irrespective of whether an opinion of the attorney for the Commonwealth orthe Attorney General has been requested and rendered, any person has theright to seek a declaratory judgment or other judicial relief as provided bylaw.
(1987, Sp. Sess., c. 1, § 2.1-639.23; 2001, c. 844; 2003, c. 694.)
A. The provisions of this chapter relating to an officer or employee servingat the state level of government shall be enforced by the Attorney General.
In addition to any other powers and duties prescribed by law, the AttorneyGeneral shall have the following powers and duties within the area for whichhe is responsible under this section:
1. He shall advise the agencies of state government and officers andemployees serving at the state level of government on appropriate proceduresfor complying with the requirements of this chapter. He may review anydisclosure statements, without notice to the affected person, for the purposeof determining satisfactory compliance, and shall investigate matters thatcome to his attention reflecting possible violations of the provisions ofthis chapter by officers and employees serving at the state level ofgovernment;
2. If he determines that there is a reasonable basis to conclude that anyofficer or employee serving at the state level of government has knowinglyviolated any provision of this chapter, he shall designate an attorney forthe Commonwealth who shall have complete and independent discretion in theprosecution of such officer or employee;
3. He shall render advisory opinions to any state officer or employee whoseeks advice as to whether the facts in a particular case would constitute aviolation of the provisions of this chapter. He shall determine whichopinions 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 requestedand rendered, any person has the right to seek a declaratory judgment orother judicial relief as provided by law.
B. The provisions of this chapter relating to an officer or employee servingat the local level of government shall be enforced by the attorney for theCommonwealth within the political subdivision for which he is elected.
Each attorney for the Commonwealth shall be responsible for prosecutingviolations by an officer or employee serving at the local level of governmentand, if the Attorney General designates such attorney for the Commonwealth,violations by an officer or employee serving at the state level ofgovernment. In the event the violation by an officer or employee serving atthe local level of government involves more than one local jurisdiction, theAttorney General shall designate which of the attorneys for the Commonwealthof the involved local jurisdictions shall enforce the provisions of thischapter with regard to such violation.
Each attorney for the Commonwealth shall establish an appropriate writtenprocedure for implementing the disclosure requirements of local officers andemployees of his county, city or town, and for other political subdivisions,whose principal offices are located within the jurisdiction served by suchattorney for the Commonwealth. The attorney for the Commonwealth shallprovide a copy of this act to all local officers and employees in thejurisdiction served by such attorney who are required to file a disclosurestatement pursuant to Article 5 (§ 2.2-3113 et seq.) of this chapter. Failureto receive a copy of the act shall not be a defense to such officers andemployees if they are prosecuted for violations of the act.
Each attorney for the Commonwealth shall render advisory opinions as towhether the facts in a particular case would constitute a violation of theprovisions of this chapter to the governing body and any local officer oremployee in his jurisdiction and to political subdivisions other than acounty, city or town, including regional political subdivisions whoseprincipal offices are located within the jurisdiction served by such attorneyfor the Commonwealth. If the advisory opinion is written, then such writtenopinion shall be a public record and shall be released upon request. In casethe opinion given by the attorney for the Commonwealth indicates that thefacts would constitute a violation, the officer or employee affected therebymay request that the Attorney General review the opinion. A conflictingopinion by the Attorney General shall act to revoke the opinion of theattorney for the Commonwealth. The Attorney General shall determine which ofhis reviewing opinions or portions thereof are of general interest to thepublic and may, from time to time, be published.
Irrespective of whether an opinion of the attorney for the Commonwealth orthe Attorney General has been requested and rendered, any person has theright to seek a declaratory judgment or other judicial relief as provided bylaw.
(1987, Sp. Sess., c. 1, § 2.1-639.23; 2001, c. 844; 2003, c. 694.)
