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Buchanan County, VA
 
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As used in this article, the following terms shall have the meanings indicated:
IMMEDIATE FAMILY
A spouse, children, parents, brothers and sisters, and any other person residing in the same household as the officer or employee.
OFFICIAL RESPONSIBILITY
Administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom.
PERSONAL INTEREST ARISING FROM THE PROCUREMENT
A financial benefit or liability accruing to an officer or employee or to a member of his immediate family. Such interest shall exist by reason of:
A. 
Ownership in a business, if the ownership interest exceeds 3% of the total equity of the business;
B. 
Annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business;
C. 
Salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually;
D. 
Ownership of real or personal property, if the interest exceeds $10,000 in value, and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property;
E. 
Personal liability incurred or assumed on behalf of a business if the liability exceeds 3% of the asset value of the business.
PROCUREMENT TRANSACTION
All functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.
PUBLIC EMPLOYEE
Any person employed by the County, including elected officials or appointed members of the Board of Supervisors.
[1]
Editor's Note: See Virginia Code §§ 2.2-4368 and 2.2-3100 et seq.
The provisions of this article supplement, but do not supersede, other provisions of law, including, but not limited to, the State and Local Government Conflict of Interests Act, the Virginia Governmental Frauds Act and Articles 2 and 3 of Chapter 10 of Title 18.2 (Virginia Code § 18.2-438 et seq.) of the Code of Virginia. The provisions of this article apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.
[1]
Editor's Note: See Virginia Code §§ 2.2-4367 and 2.2-3100 et seq.; Governmental Frauds Act, Virginia Code § 18.2-498.1 et seq.
Willful violation of any provision of this article shall constitute a Class 1 misdemeanor. Upon conviction, any public employee, in addition to any other fine or penalty provided by law, shall forfeit his employment.
[1]
Editor's Note: See Virginia Code § 2.2-4377.
No public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the County when the employee knows that:
A. 
The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or
B. 
The employee, the employee's partner or any member of the employee's immediate family holds a position with a bidder, offeror or contractor, such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than 5%; or
C. 
The employee, the employee's partner or any member of the employee's immediate family has a personal interest arising from the procurement transaction; or
D. 
The employee, the employee's partner, or any member of the employee's immediate family negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.
[1]
Editor's Note: See Virginia Code § 2.2-4369.
No public employee or former pubic employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one year from the cessation of employment by the County, unless the employee or former employee provides written notification to the County prior to commencement of employment by the bidder, offeror or contractor.
[1]
Editor's Note: See Virginia Code § 2.2-4370.
No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.
[1]
Editor's Note: See Virginia Code § 2.2-4371.
No public employee having official responsibility for a procurement transaction shall solicit, demand, accept or agree to accept, from a bidder, offeror, contractor or subcontractor, any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The County may recover the value of anything conveyed in violation of this section.
[1]
Editor's Note: See Virginia Code § 2.2-4371.
A. 
No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.
B. 
No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section.
C. 
No person shall demand or receive any payment, loan subscription, advance, deposit of money, services or anything of value in return for any agreement not to compete on a public contract.
D. 
If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the County and will be recoverable from both the maker and the recipient. Recovery from one offending party shall not preclude recovery from other offending parties.
[1]
Editor's Note: See Virginia Code § 2.2-4372.
Except in cases of emergency, no building materials, supplies or equipment for any building or structure constructed by or for the County shall be sold by or purchased from any person employed as an independent contractor by the County to furnish architectural or engineering services, but not construction, for such building or structure, or from any partnership, association or corporation in which such architect or engineer has a pecuniary interest.
[1]
Editor's Note: See Virginia Code § 2.2-4374.