A. A state officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the Attorney General or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn provided the alleged violation occurred prior to the withdrawal of the opinion or advice.
B. A local officer or employee shall not be prosecuted for a knowing violation of this chapter if the alleged violation resulted from his good faith reliance on a written opinion of the attorney for the Commonwealth or a formal opinion or written informal advice of the Council made in response to his written request for such opinion or advice and the opinion or advice was made after a full disclosure of the facts regardless of whether such opinion or advice is later withdrawn, provided that the alleged violation occurred prior to the withdrawal of the opinion or advice. The written opinion of the attorney for the Commonwealth shall be a public record and shall be released upon request.
C. If any officer or employee serving at the local level of government is charged with a knowing violation of this chapter, and the alleged violation resulted from his reliance upon a written opinion of his county, city, or town attorney, made after a full disclosure of the facts, that such action was not in violation of this chapter, then the officer or employee shall have the right to introduce a copy of the opinion at his trial as evidence that he did not knowingly violate this chapter.
1987, Sp. Sess., c. 1, § 2.1-639.18; 2001, c. 844; 2003, c. 694; 2014, cc. 792, 804; 2015, cc. 763, 777; 2016, c. 665; 2017, cc. 829, 832.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 31 - State and Local Government Conflict of Interests Act
§ 2.2-3100. Policy; application; construction
§ 2.2-3100.1. Copy of chapter; review by officers and employees
§ 2.2-3103. Prohibited conduct
§ 2.2-3103.1. Certain gifts prohibited
§ 2.2-3104. Prohibited conduct for certain officers and employees of state government
§ 2.2-3104.02. Prohibited conduct for constitutional officers
§ 2.2-3104.1. Exclusion of certain awards from scope of chapter
§ 2.2-3104.2. Ordinance regulating receipt of gifts
§ 2.2-3108. Prohibited contracts by members of school boards
§ 2.2-3109. Prohibited contracts by other officers and employees of local governmental agencies
§ 2.2-3110. Further exceptions
§ 2.2-3112. Prohibited conduct concerning personal interest in a transaction; exceptions
§ 2.2-3114. Disclosure by state officers and employees
§ 2.2-3114.1. Filings of statements of economic interests by General Assembly members
§ 2.2-3114.2. Report of gifts by certain officers and employees of state government
§ 2.2-3115. Disclosure by local government officers and employees
§ 2.2-3116. Disclosure by certain constitutional officers
§ 2.2-3118. Disclosure form; certain citizen members
§ 2.2-3118.2. Disclosure form; filing requirements
§ 2.2-3120. Knowing violation of chapter a misdemeanor
§ 2.2-3122. Knowing violation of chapter constitutes malfeasance in office or employment
§ 2.2-3123. Invalidation of contract; recision of sales
§ 2.2-3124. Civil penalty from violation of this chapter
§ 2.2-3125. Limitation of actions
§ 2.2-3128. Semiannual orientation course
§ 2.2-3129. Records of attendance
§ 2.2-3130. Attendance requirements
§ 2.2-3132. Training on prohibited conduct and conflicts of interest