Jane D. Hickey Office of the Attorney General June 2, 2009

1. State and Local Government Conflictof Interests Act Overview (Note: This is not the formal training required at appointment; it is a summary/overview document for your information.) Jane D. Hickey Office of the Attorney General June 2, 2009

2. COIA - Policy • Our system of representative government dependent upon its citizens maintaining the highest trust in their public officers and employees • Citizens are entitled to be assured that the judgment of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests Va. Code § 2.2-3100

3. Course Requirements • State filers must take an orientation course on ethics in public contracting, if applicable, and other conflict of interests requirements • Within two months of appointment and once during each consecutive two year period beginning in the first odd-numbered year Va. Code § 2.2-3130

4. State Filers • Nonsalaried citizen members of all policy and supervisory boards, commissions and councils in executive branch of state government • As condition of assuming office, and by January 15th each year • Advisory boards, commissions, and councils file if designated by Governor Va. Code § 2.2-3114

5. COI Training • On- line training available State Learning Management System: https://covkc.virginia.gov/kc/login/login.asp?kc_ident=kc0001&strUrl=https://covkc.virginia.gov/dmhmrsas/Default.asp • OAG website Knowledge Center: http://www.vaag.com/LEGAL_LEGIS/COI/index.html

6. Prohibited Conduct No officer or employee of state or local government or an advisory agency shall: 1. Solicit or accept money or other thing of value for services performed within scope of his official duties, except the compensation paid by the agency 2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person with any governmental or advisory agency

7. Prohibited Conduct (cont.) 3. Offer or accept any money or other thing of value for or in consideration of use of his public position to obtain a contract for any person or business with any governmental or advisory agency 4. Use for his own economic benefit or that of another party confidential information that he has acquired by reason of his public position and which is not available to the public

8. Prohibited Conduct (Cont.) 5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties 6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties

9. Prohibited Conduct (Cont.) 7. Accept a gift from a person who has interests that may be substantially affected by performance of the officer’s or employee’s official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the officer’s or employee’s impartiality in the matter affecting the donor, or 8. Accept gifts from sources on a basis so frequent as to raise an appearance of the use of his public office for private gain. Va. Code § 2.2-3103

10. Prohibited Contracts • No employee of any governmental agency shall have a “personal interest” in a contract with the governmental agency of which he is an officer or employee (exceptions) Va. Code § 2.2-3103 • “Personal interest” defined as • Compensation in excess of $ 10,000 or • 3% ownership interest Va. Code § 2.2-3101

11. Prohibited Transactions • “Transaction” means any matter considered by any governmental or advisory agency on which official action is taken or contemplated Va. Code § 2.2-3101 • Officer or employee must disqualify himself from participating if he has personal interest in transaction, unless

12. Prohibited Transactions - Exceptions • Member of business, profession, group of three or more persons who are affected by the transaction, and discloses interest, • When a party to the transaction is a member of his firm if he does not personally represent or provide services to the client and discloses interest, or • If transaction affects public generally, even though his personal interest, as member of public, may also be affected by transaction Va. Code § 2.2-3112

13. Disclosure Statement - Contents • The transaction involved • Nature of officer’s or employee’s personal interest affected by transaction, or party involved is client of his firm • He is member of business, profession, group affected by transaction, does not personally represent or provide services to client, and • He is able to participate in transaction fairly, objectively and in public interest Va. Code § 2.2-3114

14. How Disclosure Statement Filed • Orally to be recorded in minutes, or • Written declaration filed with clerk or administrative head of his governmental or advisory agency • Retained and made available for public inspection for five years from date of recording or receipt Va. Code § 2.2-3114

15. Advisory Opinions • Provided by Attorney General for state officers and employees • Provided by the Commonwealth’s Attorney for local officers and employees Va. Code § 2.2-3121