As used in this article, the following terms
shall have the meanings indicated:
A spouse, children, parents, brothers and sisters, and any
other person residing in the same household as the officer or employee.
Administrative or operating authority, whether intermediate
or final, to initiate, approve, disapprove or otherwise affect a procurement
transaction, or any claim resulting therefrom.
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.
PROCUREMENT TRANSACTION
PUBLIC EMPLOYEE
Personal liability incurred or assumed on behalf of
a business if the liability exceeds 3% of the asset value of the business.
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.
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.
