19750408 1975-12ORDINANCE No. 1975-12
ADOPTION OF AN AMENDMENT TO CHAPTER 2
(ADMINISTRATION) OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA
WHEREAS, it is the desire of the Council of the City of Fairfax to
insure the integrity of the local government leadership and to maintain
confidence in said leadership;
WHEREAS, Title 2.1, Section 347, e_~t s~., of the 1950 Code of Virginia,
as amended, reflects this concern for insuring the integrity of local
government leadership and maintaining confidence in said leadership;
WHEREAS, Section 5.8 of the Charter of the City of Fairfax (Disclosure
of Interest) states that no member of the City Council shall cast any vote
without first disclosing what interest, if any, he has in the outcome of the
vote being taken and authorizes the City Council to enact a conflict of
interest and disclosure ordinance to govern elected and appointed city
officials not inconsistent with the general law.
Now, therefore, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that the Code of the City of Fairfax, Virginia, be and
it hereby is amended by adding a new Article to Chapter 2 (administration),
said Article to be known as Article IX (Disclosure of Financial Interests),
to read in its entirety as follows:
ARTICLE IX. DISCLOSURE OF FINANCIAL INTERESTS
Section 2-51. Purpose
The purpose of this article is to insure and maintain the integrity of
and the confidence in the local government leadership of the City of Fairfax.
No section of this Ordinance is intended to conflict with the Conflict of
Interest Laws of the Commonwealth of Virginia, (Section 2.1-347 e_~t. seq.
of the 1950 Code of Virginia, (as amended) or to relieve any individual from
complying with the requirements thereof.
Section 2-52. Scope
This article encompasses the Mayor and members of the City Council,
the Planning Commission, the School Board, the Board of zoning Appeals,
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the Department of Real Estate Assessment, the Board of Architectural Review,
the City Manager, all City department heads and their deputies or individuals
employed in grade 20 or above on the City pay scale, and all locally elected
officials. It also encompasses their spouses, immediate families or any
other relatives residing in the same household.
Section 2-53. Procedures for the Disclosure of Financial Interest.
a. Annually by July 1 of each year or otherwise within thirty days
of employment or appointment all individuals so named in Section 2-52 shall
complete a disclosure of financial interest form and file it with the Clerk
of the City of Fairfax. For the first disclosure period, filing is to be
made within sixty days of adoption of this ordinance; subsequent disclosures
will be due annually as provided.
b. The City Manager shall prepare a form for the disclosure of financial
interests which shall be submitted to and approved by the City Council; said
form to require the signature of the reporting person who shall acknowledge
under oath that the report is correct to the best of his or her knowledge,
information and belief.
c. The City Clerk shall have the responsibility for keeping and main-
taining such financial disclosure forms. Upon a written request by any
person to inspect any such forms, the City Clerk shall within seven days
from the receipt of such request set a date and time for such inspection
during the regular business hours of the City of Fairfax, and shall notify
the person requesting such inspection and the persons whose forms are being
inspected of such date and time.
Section 2-54. Definitions of "Financial Interest."
With regard to all individuals named in Section 2-52, the phrase
"financial interest" shall include the following:
a. The street address or tax map number of all real property directly
owned (legal and/or equitable interests) in the City of Fairfax and within
one mile of any property owned by the City outside of the City of Fairfax.
b. The street address or tax map number of all real property in the
City of Fairfax and within one mile of any property owned by the City outside
the City of Fairfax, owned legally or equitably by an entity in which any
ownership interest (the amount need not be specified) is held, except
ownership of stock in any publicly held corporation.
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c. Any offices, directorship or partnership positions held in any
corporation, commercial enterprise or partnership doing business in the City
of Fairfax and within one mile of any property owned by the City outside the
City of Fairfax, such disclosure to include the name and address of such
corporation, commercial enterprise or partnership.
d. Any salaried employment position in the City of Fairfax and within
one mile of any property owned by the City outside the City of Fairfax.
e. (1) Any financial interest (the amount need not be specified) in
any business entities doing business within, or with, the City of Fairfax.
(2) Any individuals named in Section 2-52, who provide compensated
services to any business entities, or persons, within twelve months prior to
the date such entities or persons apply for (a) a rezoning of any real
estate within the City; or (b) a variance of any zoning ordinance; or (c) a
special use permit; or (d) a contractual agreement to do business with the
City of Fairfax, shall acknowledge this fact before the appropriate govern-
mental unit responsible for determining such requests and said individual
shall not thereafter participate in the determination of the request, unless
the appropriate governmental unit, unanimously, decides that participation
in the determination does not involve a conflict of interest.
Section 2-55. Penalty for Violation of this Article.
Intentional violation of this ordinance shall constitute a misdemeanor,
punishable as provided in Section 1-7 of the Code of the City of Fairfax.
Intentional violation shall be presumed if an individual had knowledge of
this ordinance and failed to comply with its provision.
This ordinance shall become effective immediately upon its adoption.
Introduced: December 17, 1974.
Adopted: April 8, 1975.
(Adoption by 5 to 1 vote on
April 1, 1975 vetoed by Mayor
on April 7, 1975. Readopted
by 5 to 1 vote over veto on
April 8, 1975.)
ATTEST:
Mayor
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