Saturday, September 11, 2004
Not much 'wiggle room' in conflicts of interest law
Questions about public officials' involvement in private deals aren't unusual.
Virginia's law concerning conflicts of interest is very clear, according to Roanoke County Attorney Paul Mahoney.
"It's a criminal statute," Mahoney said. "As a criminal statute, there's not a lot of wiggle room. The nice thing about a criminal statute is it's black or white."
Black or white but not iron-clad.
"There are some safe harbors built into the statute to allow a board member to vote on a question even though he has a personal interest," Mahoney said.
The law prohibits an elected official from participating in discussions, meetings or votes that deal solely with business or property in which that official has personal interest - unless the official is a member of a group of three or more people affected by the decision.
In the Clearbrook case, for instance, if Mike Wray had been a member of the board of supervisors when the board voted to build a road through his land, he could have voted on the issue. A church and a doctor also own land along the new road.
An official can't participate in discussions, meetings or votes if his company's client is involved - unless the official declares that he does not personally serve that client.
Questions about public officials' involvement in private deals aren't unusual.
In April, Roanoke County Planning Commission member Rodney McNeil voted on a rezoning request for land his company used to own. The person requesting the rezoning was the person to whom McNeil sold the land. McNeil asked Mahoney for guidance. Mahoney said it was fine for McNeil to vote. He voted against the rezoning.
When Bob Johnson was on the Roanoke County Board of Supervisors, from 1985 until 2001, he was involved in several deals that raised questions but didn't violate Virginia's conflict-of-interest statute.
Johnson regarded his involvement with development in Roanoke County as an endorsement of the county's future.
"I choose to build in Roanoke County," Johnson said in the wake of one controversy, "because I put my money where my mouth is."
He argued that officeholders have the same rights other citizens do.
"I don't think because I'm an elected official I ought to leave my constitutionally protected rights at the door," Johnson said.
