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form, which is underscored by the fact that there is no definition
of “personal friend” anywhere in the Code.
I believe gifts exceeding $100 for the year from personal
friends to the official and his/her spouse and dependents should
be reported. However, if such gifts are going to be excluded, we
must adopt a clear definition of personal friend.
In addition to these specific changes, we need a carefully
considered discussion of
• Government sanctioned cultural exchanges:
“We are part of a global economy and it will not serve
Virginia’s future to isolate elected officials.”
• Extending prohibitions against accepting gifts:
“Currently, we only prohibit the official from directly
accepting anything of value that reasonably tends to
influence the performance of his official duties. Gifts
to spouses and dependents likewise could influence
the official.”
•Appropriate inflationary indexing:
“The effect of inflation should be reflected in the levels
of economic interest that must be reported; in addition,
we need to consider the ramifications of not increasing
Delegate and Senator compensation in several decades.”
The bottom line is that there is no substitute for personal
responsibility. I know it is complex to properly report expenses
and income to the IRS, to bill all expenditures that directly support
my campaign or list them as my personal donation on campaign
finance reports, and to accurately disclose my annual conflict of
interest report any expenditures made by others on anything of
value that I ultimately received. My rule always has been if you
think you might be close to the line, take 10 steps back.
I know that I’ve benefitted from three key sources of
information about where the line might be: the Va Society of CPAs
booklet discussing tax-deductible legislative business expenses,
the full afternoon legal briefing I received which was required
by Governor Baliles for his Cabinet members; and compliance
with federal requirements imposed on my husband as a Senior
Executive Service employee.
Virginia government has been built on a centuries-old
tradition of honor. Unfortunately, we must now try to enshrine
such a personal commitment to duty in the letter of the law. It is
an essential step on the long road to rebuild public trust.
Vivian Watts is a Democratic delegate representing the 39th
district of Virginia.
Just when I think I’ve heard it all,
another incredible act is reported that is
against the spirit of Virginia Conflict of
Interest laws that have been on the books
for more than 20 years if not, against the
letter of the law.
Yes, I am fully behind “ethics
reform.” We need to establish oversight.
We need to remove ambiguities. We need
to increase penalties—especially for
multiple criminal acts—from the current
possible penalty which is one year in jail
and $2500 fine. But the reality is that much of what will be done
is word-smithing of what is already clearly stated in Virginia law
and followed by most.
Virginia law (§2.2-3101) clearly defines gifts to include
anything of value:
“Any gratuity, favor, discount, entertainment, hospitality,
loan, forbearance, or other item having monetary value.
It includes services as well as gifts of transportation,
local travel, lodgings and meals, whether provided in-
kind, by purchase of a ticket, payment in advance or
reimbursement after the expense has been incurred.”
The law requires any gift over $50 be reported, including gifts
to “immediate family” members.
Furthermore, under §2.2-3103, any officeholder and any
judge, agency head, or cabinet member cannot accept gifts, “for
services performed within the scope of his official duties,” or
“that reasonably tends to influence him in the performance of his
official duties,” or any payments that exceed the IRS per diem
travel allowance for government workers.
These are not weak provisions. However, there are two
loopholes: First and foremost, we must establish systematic
oversight and enforcement to ensure that officials are following
the law. Second, reporting gifts from friends must be clarified.
The Virginia Code (§2.2-3117) is oddly structured regarding
gifts from friends. The form that all officials must fill-out annually
to disclose gifts and economic interests is completely laid out in
§2.2-3117. It begins with “Definitions and Explanatory Material,”
which states gifts that must be reported only excludes presents
from relatives. This is followed by a narrow list of specific
relationships to define relatives. Under this detailed section, gifts
from friends are not excluded.
Nevertheless, in the same Code section, the wording of the
form itself reads “other than a relative or personal friend.” There
no basis for inserting “personal friend” as an exclusion on the
We must renew the spirit of the Conflict of Interest Law
By Delegate Vivian Watts
V
