CODE OF VIRGINIA

ADVISORY OPINIONS (§ 2.2-3121)

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 the Virginia Conflict of
Interest and Ethics Advisory Council made in response to his written request for
such opinion and the opinion was made after a full disclosure of the facts
regardless of whether such opinion is later withdrawn provided the alleged
violation occurred prior to the withdrawal of the opinion.

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 the Council made in
response to his written request for such opinion and the opinion was made after
a full disclosure of the facts regardless of whether such opinion is later
withdrawn, provided that the alleged violation occurred prior to the withdrawal
of the opinion. The written opinion 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.

HISTORY: 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.