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2025 Op. Va. Att'y Gen. 1 (2025)

handle is hein.sag/sagva0154 and id is 1 raw text is: COMMONWEALTH of VIRGINL4 Office of the Attorney General Jason S. Miyares 202 North Ninth Street Attorney General January 2, 2025 Richmond, Virgiaa 23219 804-786-207 1 Fax 804-786-1991 Virginia Relay Se vices 800-828-1120 The Honorable Carrie E. Coyner 7--1-1 Member, Virginia House of Delegates 9910 Wagners Way Post Office Box 58 Chesterfield, Virginia 23832 Dear Delegate Coyner: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of irginia. Issue Presented You ask whether the City of Hopewell, in an effort to curb potential conflicts of interests, may enforce local policy or charter provisions that seek to regulate the ability of City council members who also are employed by the City to vote on certain matters coming before the City Council. Applicable Law and Discussion Your inquiry implicates the State and Local Government Conflict of Interests Act (the Act).' As adopted in 1987, the Act provides a uniform standard of conduct for all state and local government officers and employees with respect to conflicts ofinterests.2 More specifically, the Act sets forth three categories of restrictions and prohibitions: (1) it details certain types of conduct that are improper for officers and employees'; (2) it restricts the ability of officers and employees to have personal interests in certain contracts with their own or other governmental agencies4; and (3) it restricts the participation ofofficers and employees in transactions of their governmental agencies in which they have a personal interests A knowing violation of the Act constitutes a misdemeanor.' The third category noted above-restrictions on participation in agency transactions-is pertinent here.' Code § 2.2-3112 governs voting disqualifications under the Act and sets forth the circumstances under 'VA. CODE ANN. §§ 2.2-3100 through 2.2-3132 (2022 & Supp. 2024). 2 Jakabcin v. Town of Front Royal, 271 Va. 660, 667 (2006). See 1987 Va. Acts (Spec. Sess.) ch. 1. Sections 2.2-3102 to -3104.2 (2022 & Supp. 2024). 4 Sections 2.2-3105 to -3110 (2022 & Supp. 2024). s Sections 2.2-3111 to -3112 (2022). 6 See § 2.2-3120 (2022); see also § 2.2-3122 (2022) (providing that a knowing violation of the Act constitutes malfeasance in office or employment). I For purposes of the Act, a transaction is any matter considered by any governmental or advisory agency, whether in a committee, subcommittee, or other entity of that agency or before the agency itself, on which official action is taken or contemplated. Section 2.2-3101 (2022).

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