Prohibited contracts by legislators (§ 30-105)—Virginia Decoded

Prohibited contracts by legislators

A. No legislator shall have a personal interest in a contract with the legislative branch of state government.

B. No legislator shall have a personal interest in a contract with any governmental agency of the executive or judicial branches of state government, other than in a contract of regular employment, unless such contract is awarded as a result of competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2.

C. No legislator shall have a personal interest in a contract with any governmental agency of local government, other than in a contract of regular employment, unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2 or is awarded as a result of a procedure embodying competitive principles as authorized by subdivision A 10 or A 11 of § 2.2-4343, or (ii) is awarded after a finding, in writing, by the administrative head of the local governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.

D. The provisions of this section shall not apply to contracts for the sale by a governmental agency of services or goods at uniform prices available to the general public.

E. The provisions of this section shall not apply to a legislator’s personal interest in a contract between a public institution of higher education in Virginia and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials.

History

1987, Sp. Sess., c. 1, § 2.1-639.35; 2001, c. 844; 2013, c. 583.

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Court Decisions

Arnold v. Owens (Court of Appeals for the Fourth Circuit, 06/03/35)
. . . 62, 162 S. E. 207; Grogan v. Dooley, 211 N. Y. 30, 105 N. E. 135; Sias v. Consolidated Lighting Co., . . .

. . . 63 Fair empl.prac.cas. (Bna) 1051, 63 Empl. Prac. Dec. P . . . (Court of Appeals for the Fourth Circuit, 01/13/94)
. . . 1982); Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2571-75, 86 L.Ed.2d 411 (1985) . . .

. . . John J. Wiley, Sergeant Charles Bealefeld, Officer Harry Van . . . (Court of Appeals for the Fourth Circuit, 01/27/94)
. . . .5 See Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-18, 86 L.Ed.2d 411 (1985) . . .

Robert W. Clark v. Joseph G. Brown (Court of Appeals for the Fourth Circuit, 11/04/88)
. . . damages. Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-18, 86 L.Ed.2d 411 (1985) . . .

. . . Steven Douglas Jenkins David Chris Bossard William Martin . . . (Court of Appeals for the Fourth Circuit, 08/07/97)
. . . motion for summary judgment. Id. at 517, 524-30, 105 S.Ct. at 2810, 2814-18. The Mitchell Court . . .

. . . Rodney Winfield v. G.L. Bass Kelvin Carlyle Anthony . . . (Court of Appeals for the Fourth Circuit, 01/31/97)
. . . 2155-56; Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-18, 86 L.Ed.2d 411 (1985). . . .

. . . Suarez Corporation Industries Emerson Sonny Clopper Patricia . . . (Court of Appeals for the Fourth Circuit, 09/11/97)
. . . ), with Mitchell v. Forsyth, 472 U.S. 511, 524-30, 105 S.Ct. 2806, 2814-18, 86 L.Ed.2d 411 (1985) . . .

. . . Sylvester Lewis Adams v. James Aiken, Warden, Central . . . (Court of Appeals for the Fourth Circuit, 05/19/92)
. . . ). See Wainwright v. Witt, 469 U.S. 412, 426-30, 105 S.Ct. 844, 853-55, 83 L.Ed.2d 841 (1985). . . .

Breard v. Netherland (District Court, E.D. Virginia, 11/27/96)
. . . correctness. Wainwright v. Witt, 469 U.S. 412, 426-30, 105 S.Ct. 844, 853-55, 83 L.Ed.2d 841 (1985); . . .

. . . Richard T. Boggs v. Toni v. Bair, Warden Edward W. Murray, . . . (Court of Appeals for the Fourth Circuit, 01/09/90)
. . . with respect to jurors. Witt, 469 U.S. at 426-30, 105 S.Ct. at 853-55. Darden, following Witt, . . .

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