RD510 - Virginia Conflict of Interest and Ethics Advisory Council 2016 Annual Report


Executive Summary:
Meetings

The Virginia Conflict of Interest and Ethics Advisory Council (the Council) held five meetings in 2016: on April 26, June 14, August 17, October 3, and November 21.

April 26:

At the April 26 meeting, the Council voted to approve the following six Formal Advisory Opinions:

• 2016-F-001§ 2.2-3101; Professional organization membership

• 2016-F-002 §§ 2.2-3114, 2.2-3115, & 2.2-3116; Departure filing

• 2016-F-003 §§ 2.2-3117 & 30-111; Board of directors filers

• 2016-F-004 § 2.2-419; PACs

• 2016-F-005 § 30-103.1; Lobbyist friends

• 2016-F-008 §§ 30-103.1 & 30-111; Legislative organization conferences.

Pursuant to the requirements of subdivision 6 of § 30-356, these opinions have been published on the Council’s website ( http://ethics.dls.virginia.gov).

Also considered at the April 26 meeting were two additional proposed Formal Advisory Opinions:

• 2016-F-006 § 30-111; Legislator reporting of an event

• 2016-F-007 §§ 2.2-3103.1 & 30-103.1; Widely attended events

The Council agreed, by formal vote, to defer action on each of these proposals until a later meeting. There was discussion that future legislative changes or changes made to the Council’s disclosure forms might address the questions posed in the draft opinions.

Also at this meeting, updates to the General Assembly Statement of Economic Interests form, the State and Local Statement of Economic Interests form, the Financial Disclosure Statement form, the Lobbyist Disclosure form, and the Lobbyist Registration form were approved by the Council by formal votes.

June 14:

At the June 14 meeting, the Council considered the filing deadline extension requests submitted by eight individuals. After voting to approve all eight requests, the Council then voted to approve an official form to be used by individuals requesting deadline extensions in the future. The Council voted to delegate the authority over deadline extension requests to the Executive Director of the Council, but since the position was vacant at the time, the Council authorized the Acting Director of the Division of Legislative Services to have this authority until such time as an Executive Director was hired for the Council.

August 17:

At the August 17 meeting, the Council reviewed drafts of proposed revisions for all of the Council’s disclosure forms. No formal votes were taken on the proposed drafts at this meeting. The public was invited to submit comments on the proposed revisions to the forms by email, with Council staff ensuring all comments would be forwarded to all Council members. A notice to this effect was also placed on the Council’s website. Also at this meeting, the Council formally voted to extend the authority to approve or deny filing deadline extension requests to the Executive Director of the Council.

October 3:

At the October 3 meeting, after public comment, the Council voted to approve revised versions of all of its disclosure forms. Also at this meeting, the Council considered the issue of whether individuals who had been denied a deadline extension by the Executive Director of the Council should be able to appeal this decision. After deliberation, the Council decided, by a formal vote, that the decision of the Executive Director would be final, with no further appeals allowed.

November 21:

At the November 21 meeting, the Council considered six Formal Advisory Opinions. After deliberation, the following Formal Advisory Opinions were approved:

• 2016-F-009 Employer gifts; § 2.2-3101

• 2016-F-010 Contractor event; §§ 2.2-3101 & 2.2-3103.1

• 2016-F-011 Events at conferences; §§ 2.2-3101 & 2.2-3103.1

• 2016-F-012 Service on a private board; § 2.2-3101

• 2016-F-013 Travel paid for by a public university with the Commonwealth; § 2.2-3101

• 2016-F-014 Food received at an event while performing official duties; § 2.2-3101

Pursuant to the requirements of subdivision 6 of § 30-356, these opinions have been published on the Council’s website ( http://ethics.dls.virginia.gov).

In addition, pursuant to the directives of subdivision 13 of § 30-356, the Council considered 27 proposals for legislative changes. After deliberation, the Council voted to recommend 26 proposals and did not recommend one proposal. A description of all 27 proposals begins on page 8 of this report.