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MARCH 3, 1980 INFORMAL BRIEFINGMarch 3, 1980 INFORMAL SESSION 10:30 a.m. 1:00 p.m. Tour of New Bow Creek Recreation Center and lunch. Meet in front of City Hall Building and transportation will be provided to and from the Recreation Center. 1. Borrow Pit Ordinance: Discussion of proposed changes. 2. Office of Water Research and Technology Desalting Plant: Briefing. 3. Subdivision of Frank E. and Gladys S. Sherman: Discussion of variance denied by City Council. CITY OF VIRGINIA BEACH MAYOR PATRICK L. STANDING, At Large VICE MAYOR ]. HENRY McCOY IR., D.D.S., Kempsville Borough JOHN A. BAUM, Blac]~water Borough F. REID ERVIN, At Large GEORGE R. FERRELL, At Large BARBARA M. HENLEY, Pimgo Borough MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 CLARENCE A. HOLLAND, M.D., Bayside Borough DONALD V~. MERRICK, Lynnhaven Borough blEYERA E. OBERNDORF, At Large ]. CURTIS PA YNE, Princess Anne Borough ROGER L. RIGGS, Virginia Beach Borough RUTH HODGES SMITH, City Clerk INFORMAL SESSION VIRGINIA BEACH CITY COUNCIL BRIEFING March 3, 1980 10:30 a.m. Tour of New Bow Creek Recreation Center and lunch. Meet in front of City Hall Building and transportation will be provided to and from the Recreation Center. 1:00 p.m. 1. Borrow Pit Ordinance: Discussion of pro- posed changes. 2. Office of Water Research and Technology Desalting Plant: Briefing Subdivision of Frank E. and Gladys S. Sherman: Discussion of variance denied by City Council. )ate: 3-5-80 ROLL CALL -- ~~ INFOIfl4AL EXECUTIVE FO~AL PUBLI' Present Absent Late Present Absent Late Present ~dosent Late! I HEARI ~UM, JOHN A. :RVIN, F. REID 'ERRELL, GEORGE R. IENLEY, BARBAILA M. AND, CLARENCE A ~ice-Mayor ~cCOY, J. HENRY, JR tERRICK, DONALD W. )BEI~/qDORF, MEYEPJ~, E ?AYNE, J. CURTIS ~IGGS, ROGER L. 4ayor ~TANDING, PATRICK L. ~S u_mma_ry .'_ Motion to Recess 3-5-80 VOTE RECORD ._~AYES NAYS ABSTAIN .... i~B~ENT ~SUBSTITUTE MOTION ERVYN, ~. Re~H ~ ..... H-EI~LEY~- B~lfba-~;5 M~ '- i ROLLAND,--CI~f~h~A% - McCOY, J. Henry, Jr. Motion to defer generally Briefing Items of discussion and re-schedule at most convenient meeting. ~;ate: 3-5-80 VOTE RECORD __+AYES INAYS IABSTAIN ;ABSENT McCOY, J. Henry, Jr. STANDING, Patrick L. BA~BAF~A M. HENLEY COUNCIL MEMBER-PUNGO BOROUGH City of Vit-girxi a iBer ch February 28, ·1980 The itonorab] e Hayor Members of the Council Bear Council .Members: I am forwsrding i~form~tion on financial djsc2osure of elected and aDnointed of~'iczaIs for yonr iuformntion. sections of the code which set down present r~xquireme~ts for real estate and financial disclosure by officia]s in V~r~jn5a. In the section ,,Entities to !Jhom Services :;ere Furn;sbed" of the disclosure form for state officia]s~ you will ~ot-dce that disclosure is req,~ired for those services ',;!~a, c~,?er, s-tion is ~n ~< c'~s~: cf nne th~us'md dollars ~u~in: th~ preceding ?ear. The motel form su;:?:ested by Co,.~t'~on Csu,ss ¢~onld rezu~re disc]osnre of value of economic interests over one thousm~d dot]ars by caberories. I think that the necessity of suct~ r~porMm of aaounts for salaried employment 5s questionable. I do think tha~ disclosing honoraria a~s sur, gested by C~:q Cause should be considered. (Changes ~nd additions which Colmon Cause slU~gests are under]ined on their model form.) I am also enclosin6 ~hese pa[es from the (]nnmen Cause position paper which seem Lo be nertinent, tf you are jnZeresqed in the remaininR sec[dens I wi!] he f{lad to lend them to you; however~ t tried ~o cut down on %}]e reading matter. I am inclined Ls think that serious consideration should he ~i. ven to ac opth~cf some sdtitions] disclosure and ethics requirements for our local officials. Unfortunately~ public confidfnce in the ........ ~ officials at ali levels has been seriously eroded in the last decade~ and the even more recent exposures from the Abscaxn snd z,r}.: ..... . . ~ .[ ~ Certainly dama?e t.o the credibility or those in ] ~qc~s. ~p ordinance in- one city~ but we should make every effort possible to restore confidence and trust 5n those people who make dec5st.ons in Vir~in5 a N~ach. I think th~;t with a bit :~:ore effort we can arrive at am m?e~,~able ordinance that reasonably protects the ~rivscy ~f public officials wh:lle fulfill~ng the p~b~'~c~s r~ht to kn~w. I hope that we c~ ~t ~east ~ook ab sor~e other y,-~ss~t~!~,ies ~md ~d]] no~ just dispose of the matter as s <~istasteful issue. MM reco~z~endabion wouhd be that a council corzsittee be appo'inCed to cons].rler thffs an~ other informat~or~ ~ t re'ay f~a~,her~ as weq] as the suga'esv~ons an~ co~'~cerns or' r~embers '~i' Co~?nc~]~ ant! ~o brin?~ a reco~ue~ded or(]ina~ce back to Council at the A~ril brie£fin!~ session. Sincerel?£~ Barbsra M. Henley § 2.1-353 CODE OF VIRGINIA § 2.1-353.1 · interest to the eovernin~ board th* reef, and d squalify himself from vet ng {~e--r-e-o ~ or parti~;ipa~iing i~h any cons(deration thereof in behalf of such agency. If disqualificatioas in :~ceordancc with this section leave less t lan the numb6r required by law to act, the remainiag member or members shall have authority to act for the agency by majority ye're, unless a unanimous vote of all members is required by It{w, iii v' 1 ch cas(; autbority to act slla i reqt)ire a mmnimous vote of remaining members. Notwithstanding ~ny oth~r provismns of this ,chapter to the contrary, members of a local r.~ovcrmng berry whose sole interest m any proposed contract of sale, sale, exchange, lease or conveyance is by virtue of their employment by a firm, pxrtnersbip, or other business invi~lved in a proposed cohtract or'ale, Sale, exchange, lease, or conveyance, and where such member's or members' vote is essential to a constitutional majority required Ersuant to Article VII, § 9 of the Constitution of Vir.qiaia and § 15.1-307 of the de of Virginia, such member or members of thc locai governing body may vote and participate in the deliberations of said governinl:r body concerning whether to approve, enter into or execute such contract of sale, sale, exchange, lease or conveyance, unless such member or members of the governing body own an interest of five per ccntum or more in such firm, par~nership..or oth?r business. Official action taken under circomstances which wolate t}us secuon may be rescinded by the a~cncy on such terms as the interests of the agency and inno.eent third parties require. (1970, c. 463 1974, cc. 173, 675.) l~w Review. -- For survey of Virginia municipal corporations for the year 1973-74, see 60 Va. L. Rev. 1563 11974). § 2.1-353. Disclosure of material financial interest in action of governmental or advisory agency required. -- Any officer or employee who has a material financial interest which he believes or has reason to behove may be substantially affected by actions of the govermnental or advisory agency of which he is an officer or em )loyee shall make written disclosure of tl~e existence of such interest. The disclos{~res shall be made n writ ng to the Attorney General before entering upon the exercise of hi.s duties as an officer or employee of a State agency and to the attorney for the Comnmnwealth if he be an officer or employee of an agency of local ~{overnment; such disclosures shall be made thereafter (luring the month of J'auuary of e,~ch succeeding veer. All snob d sclosurcs shall be a matter of public record· The disclosures reqnired by this section shall a so be m ~de n writing to the agency of which the indMdual is an officer or employee. (1970, c. 463; 1971, Ex. Sess., c. 176; 1975, e. 313.) Law Review. -- For sum'ey of Virginia administrative law for the year 1974-75, see 61 Va. L Rev. 1632 (1975). § 2.1-353.1. Disclosure of real estate holdings. -- In ail counties, cities and towns with populations in excess of thirty-five hundred persons, members of boards of sapervisors, city ami town councils, planning commissions, boards of zoning appeal, and real estate assessors, county managers or executives and city or town maneS, ers and their immediate families (or spouse or any other reiatiw' who resides in the same household} shall make aanual disclosures of all their rc;d estate intcresks or holdings in the comity, city or town from which they arc elected or by which they are employed, as,well as their holdin~rs in corporation, part,.~ership or any otbc~ busin(ss associatioa or entity primary mr ~ose is to owu or develo) real estate and which has real est:itc nteresks in such county, city or town. Such annual disclosnres shall tie' flied tm forlns designed and provided by the S{'cretary of the Conmioawc:dth with ·. 346 (~ fi] th, el dt ap O( cf § 2.1-353.2 ADMINISTRATION OF TIlE GOVERNMENT GENERALLY § 2.1-353 2 clerk of the circuit court for such county, city or town in the month of December of each year and shall become a matter of l~ublic record. Form~ for the filing of such re )orks shall be made available by thc Secretary of t~e Commonwealth to the clerk of each circuit court Such forths shall be filed, and a copy thereof filed with the State Board of Elections, by primary candidates not l~ler than ten days after the filing deadline for the primary; by all ot!~er candidates for city amt towo councils not later than ten days after the f'rst 1'~ csday in M:arc · by ill other candidat(s far ennnt~ g'overning bodies not later than ten days after the secomt luesdav ~ 3t ne an[t };y candidates in speeim elecuons by th~ time of qualifvm~ as a cadd~date' un ess · uch forms have been filed in accordance with these pi'ovlsior, s for an incumbent officeholder. Any such incumbent officeholder who is a candidate shall, however, file with the State Board of Elections by the date speci£ivd in this para7,~raph for other candidates for his office a copy of tim form he filed with the clerk of the circuit court in the immediately preceding l)ecember. Aay candidate failing to file such report and a copy thereof in accordance with the provisions of this ~cction shall not be entitle[1 to have his name printed en the ballot. The disclosure shall set forth a descrii)tion of such reid estate and its location. (I975, c. 491; 1976, c. 593; 1978, c. 243.) Cross reference. -- For section making the filing of thc statement of real estate interests or holdings as required by this section a prerequisite to placing a candidate's name on the ballot, see § 24.1-167. The 1978 amendrnent inserted "and a copy thereof filed with the State Board of Elections" near the beginning of the first sentence of the third paragraph, addgd the second sentence of the third parazraph and inserted "md a copy thereof" in thc third sentence of the third paragraph. Law Review. -- For survey of Virginia administrative law for the year 197d-75, see 61 Va. L. Rev. 1632/19'i5). § 2.1-353.2. Annual disclosure of financial interests by certain officers and employees. -- A. Pe£b~itioi~. -- "Public official" as used in this chapter meaus: ~, (1) Tim. meuabe~ of the lndnstrial Commission and the indges of the State t~?rahon Commission and judges of thc c rcu t. general district, an~ juvenile aha aomest c relations courts and iustices of the Supreme Court of Virginia. (2).Any l?rson designated by thb Governor as a public official for purposes ~ ~c~i~i~r~t~r~ may so d~sig~,ate (i)an~ person appointed b~ him ' d or a member of the ;,overnin~ body of a State a[rqpcy~(fi~ any member of a regulatory hoard as defined in 5~ 54-1.4 and 5.1-950 o~ the co(to, or (iii) any person who head~ a major division, bureau, or ;cotton t~f a S~ agency, or reports directly to thc head or governing body of a State agency, and exercises subsamtial power and discretion in the performance of duties with regard m procurement,, contracting planning, the receipt or expenditure of public funds, or respecting, licens ng, regulating or auditing any I~mon. a.t3).Thqre sha~l be excluded from the term "public official" ail persons P~mmtca ~ advmorv a~encies and to boards and agencies whose functions are ~olely cultural, his~rical or educational. , ~ B. ~equ:)'~ d :~nnual c]~'c]osure. -- the Co~ ernor shall annually on or before October oue pr*'pare or have prepared a list of al t ~e off cos and i~os t OhS in the Ccmmonwealt~ coming within t[~e purview of this section and persons ho]ding tuchofficcsa~( ~ositonsshallbcDubiicoffe x~reo[ ~tt file mrsuanttot~s mn. the Governor shall have such pubhc oftmmls notmed of the t':quiremenks to file Dursuant to this sect on not ~ter than October Ofil'tv-one (ach 3ca . Instea(] oI t} e c~sc osure rcqu red by 5 2.1-:~53, public officials }~hj,~ct ~ this section shall file annually drain ~ t ~ m~nt cf Dec '~9,:,r, with :'}'.' ~,ttq~[ney General ? the l';xecukiv¢ Secretary' of t}:( St >rome ( urt as t,'uVInefl In subseetion G u wr tie ~ s¢~ e ntnt of economic internists as specified ~' Paragraphs (ii) through (v) and (vii) of subsection (d) of 5 2.1-358. 347 § 2.1-358 CODE OF ¥1RGINIA § 2.1-358 · 'sclosures required by this, subsection shall be tv] The form for making d,~. - ........... of the Commonwealth, with pr~'ted and made a~ailable ~Y me appropria~ instructions, and be substantially as follows: DISCLOSURE FORM FOR MEMBERS OF THE GENERAL ASSEMBLY, GOVERNOR, LIEUTENANT GOVERNOR AND A~oRNEY GENERAL AND CANDIDATES FOR SUCH OFFICE Office h~l~ ~r sought ..................... . ........... Ad.ess ...... I. ECONOMIC INTERESTS mic in~res~ of myself and my immediate, family (my spouse and The econo · ~' "--;n~ in ~ l~ousehol~) are as fonows: ' s · *, t held at the time of ii,lng: real es~, stock: ', (Include al~ fqrms o[ n}~r~s..~:.~w, s and nartnershlps. You pray bonds, equity mpres~ m pfo~_,~Tj ~22~ associations; intcresm in any aCcoun~ m uanKs aha ~mg,~ ~P.~'J,t ~o~s than five thousand dollars . . ' . ~ cent of the total equity vahm of the entity. You representing les~ tha~fw~)~' ~. omic interest, You need not nan~ need not sm~ the vatue.~ .2,,~ I~ist or news medium, but you sno~.~ t other than a reglomr~u ,u~ ~ enti y . ' .' ' s' ~ess activity.) ~ identify each eut~ty by ~ punmpat bu 1 A. My economic in~res~ are: (1) Residence, address or location ..... (2) Other real esmm, address or location (3~ Principal business activity or name of each entity in which s~ck, bond or equity in.rest is held . . ....................... ily B.The economic in~res~ of my immediate faro are: (1) Real esm~, address or location (2) Principal business activ~t~ ;r ~a~e ;~ ~a~ ;~tit~ in ~hich stock, bond or equity in.rest is held II. OFFICES, DIRECTORSHII'S AND SALARIED EMPLOYMENTS s mid directorships and salar ed employments o~ myself an~ The office~, ~. ' ¢ ...... *~..~- rclat ye living m my nous('ti01tl) immc(hate family (my spom~e ,ma c~t~r~ ,,~ are as follows: 352 § 2.1-358 ADMINISTRATION OF TItE GOVERNMENT GENERALLY § 2.1-358 (You need not state the dollar amount of any salary or payment. Indicate each source of compensation and include retirement benefits and social security.) A. My offices, paid directorships and salaried employments are: Position held Name of entity B. The offices, paid directorships and salaried employments of my immediate family are: Position held Name of entity III. ENTITIES TO WItOM SERVICES WERE FURNISHED A. The entities I have represented before any State governmental agency, excluding any court, or judge, for which I have received compensation in excess of one thousand dollars during thc preceding', year, ex~iuding, however, compensation for other services to such entities and representaiion consisting solely of the filing of mandatory papers, are as follows: (You must identify such entities by name) Name of entity B. The entities that, to mv knowledge, have been represented before any State ~overnmental agency, excluding any court orjudgc,~ by persons with whom I ave a close economic association w'bo received com~,ensation in excess of one thousand dollars during the preceding year, excluding, however, compensation for other services to such entities and represcntatim] consisting solely of the filing of mandatory papers, are as follows: (You need only identify such entities by type) Type of entity C. All other entities listed below that conduct business in Virginia to which services were furnished and for which compensation in excess of one thousand dollars was received: (Indicate by a check mark opposite each category of entities listed those to which such services were furnished.) Type of Entity Electric utilities ................................... Gas utilities Telephone utilities .................................. Water utilities Cable television companies ............................. Intrastate trunsportation companies ....................... Interstate transportation coml)anies ....................... Oil or gas retail companies ............................ Banks Savings and loan associations ........................... Loan or finance companies ............................ 353 § 2.1-359 CODE OF VIRGINIA § 2.1-359 Manufacturing companies ............................. Idining companies .................. ~ ............... Life insurance companies ............................. Casual{y insurance companies .......................... Other insuranco cornpames ............................ Retail companies ..... : ............................ Beer, wine or liquor compames or distributors ................. Trade associations ................................. Professional associations .............................. Associations of public employees or officials .................. Counties, cities or towns .............................. Labor organizations ................................ Date: .... Signature ................................. I*nrm~ for f]liug such revorts shall be made available by the Secretary of the Co'm"m"~wealth t'~o the (]overnor, Lieutenant Governor and tbe Attorney General, to candidates for those offices and to the clerks of each house of the ,, General Assembly. Lacb clerk shall send thc form to ~he members of bis house. (vi) Statements filed with the clerk and the Secretary of the Commonwealth shall be open to public inspection. ' d (vii) The value of any interest reqmre to be reported under this subsection need not be disclosed. (e) Any member violat ng any provision of this section shall be subject to d sciplin~ b,,, t m hm se of which l~e is a nember for such vi?ation. Any candidate failiug to fde sucb statement in accordance with the ~)rox isions of ~his section shall not be entitled to have his name printed on the [';allot. (1970, c. ,163; 1971, Ex. Sess., cc. 180, 247; 1972, c. 620; 1975, cc. 209, 586; 1976, c. 593; 1977, c. 5~4.) Cross reference. -- For section making the filing of a statement of economic interest as required by this section a prerequisite to placing a candidate's name on the ballot, see § 24.1-16"/. Law Review. -- For survey of Virginia administrative law for the year 1974-75, see 61 Va. L. Rex'. 1652 {1975). CtIAPTER 23. VIRGINIA SECURITY FOR PUBLIC DEPOSITS ACT. 2A-359. Declaration of legislative intent; short title. 2.1-360. Definitions. 2.12,61. Public deposits to be secured as provided in this chapter. 2.1-362. Collateral for public deposita. 2.1-363. Procedure for payment of losses. 2.1-3C~t. General powers of Troasury Board. 2.1-365. Subrogation of Treasury Board to depositor's righks; payment of sums received from distribution of Sec, 2.1-366. Deposit of public funds in qualified public depository mandatory. 2.1-367. Authority to deposit public funds. 2.1-368. Authority to secure public deposits; acceptance of liabilities and duties by public depositories. 2.1-369. Reports of punic depositories. 2.1-370. Liability of treasurers or public depositors. § 2.1-359. Declaration of legislative intent: short title. -- Tile General Assembly intends by this chapter }o cstahlisi~ a single body of htw at)plicablc to the p cd~e of secu'ritv as collat(ral for public fnnds on deposit in banking institutions so that the procedure for securing public deposits may be uni£orm tbroughm~t tile Colamonwcalth. 354 Name EOR MEMBERS OF THE GENERAL ASSEi'IBLY, GOVERNOR, I,I}~UTEN/~NT GOVERNOR AND AI'TORNEY GENERAL AND CANDIDATES FOR SUCH OFFICES Office held or sought Address ~atego[ies of dollar amount to be used on all sections are as follows: * B. AkOg/_01 -_5~5j099 .C. $2-5+00L=_$50,000 .P. ~0~901 - $100,000 .E. ±.Moo,ooo I. ECONOMIC INTERESTS The economic interests of myself and my immediate family (my spouse and every other relative living in my household) are as follows: (Include all forms of interest held at the time of filing: real estate, stocks, bonds, equity interests in proprietorships and partnerships. You may exclude: accounts in banks and savings and loan associations.) A. My economic interests are: (1) Residence, address or location, value (indicate by appropriate letter) (2) Other real estate, address or location, value (indicate by appropriate letter) (3) Stocks, bonds or equity,_name, value (indicate by appropriate letter) B. The economic interests of my i~ranediate family are: (1) Real estate, address or location, value (indicate by appropriate letter) (2) Stocks, bonds or equity, name value (indicate by appropriate letter) II. OFFICES, DIRECTORSHIPS AND SALARIED EMPLOYMENTS The offices, paid directorships and salaried emtioyments and sifts and honoraria of myself and my immediate family (my spouse and every other relative living in my household are as follows: (You need not state the dollar amount of any salary or payment but mush list them by categories of value as above. Indicate each source of compensation and include retirement benefits and Social Security.) My offices, paid directorships and salaried employments are: POSITION HELD NAME OF ENTITY AMOUNT (indicate by appropriate letter) Bo The offices, paid directorhtps and salaried employments of my immediate family are: POSITON HELD NAME OF ENTITY AMOUNT (indicate by appropriate letter) Co Gifts and honoraria received._b_/.__m~iself are as follows: · (Report each ~jft__of__a_~lgregate of g_i~ft_?.__~_r_o_m__o_n__e~_oou_r_.~.e__e_x_c_ee__d, ing._$.?O_p_O.) _NA__b~ OF DONOR DESCRIPTION OF GIFT kALUE___(~_n_d_i_c_at__e_.b_y_~2~X_o_2..r_iate letter) D. _C,j_f.t_s__a.n~d__l?nora{j2L!'e_c.~_f_v.e_~d__b_y_?¥_ immei____jj2Ltt½~__~jm_ll__y~jLr_o__a_~s~.fol~2.wj_: NAMt'; OF DONOR AlL changes from the present Vlrgiula form are underlined. III. ENTI. ~ES TO WHOM SERVICES W£RE The entities I have represented before any State governmenta2 agency, excluding a~y ourt'or judge, for which I have received compensation in excess of one thousaad dollars durieg be preceding year, excluding, however, compensation for other services to such entities and epresentation consisting solely of the filing of mandatory papers, are as follows: (You must identify such entities by name.) NAME OF ENTITY AMOUNT (indicate by a~ropriate_letter) The entities that, to my knowledge, have been represented before any State governmental gency, excluding any court or judge, by persons with whom I have a close economic association ho received compensation in excess of one thousand dollars during tbe preceding year, excluding, 0wever, compensation for other services to such entities and representation consisting solely f the filing of mandatory papers, are as follows: (You need only identify such entities by type) TYPE OF ENTITY Ail other entities listed below that conduct business in Virginia to which services ere furnished and for which compensation in excess of one thousand dollars was received: Indicate by a check mark opposite each category of entities listed those to which such er '~es were furnished.) TYPE OF ENTITY AMOUNT -Electric utilities' Gas utilities Telephone utilities Water utilities Cable television companies Intrastate tran.sportation companies Interstate transportatign companies Oil or gas retail companies Banks Savings and loan associations Loan or finance comp.anies. Manufacturing companies Mining companies Life insurance companies Casualty insurance companies Other insurance companies _ Retail companies Beer, wine or liquor companies or distributors Trade associations Professional associations Associations of public employeeg or officials Counties, cities or towns Labor organizations IV. LIABILITIES OF OVER $1~000 .~pu ne~d not state the dollar amount of any liability but must list them in categories of dollars by letter.) The liabilities I have incurred are: NAME OF CREDITOR OUTSTANDING AMOUNT TERMS OF REPAYmeNT The liabilities of my immediate family are: NAME OF CREDITOR OUTSTANDING AMOUNT TERMS OF REPAYMENT Date Signature CO FT'IO STREET, N.W., W~SHINGTON, D. C. 20036 ~202) ~33-1200 NAN F. WATERMAN Chairwoman DAVID COHEN President JOHNW GARDNER Founding Chairman January 1979 CONFLICT OF INTEREST LEGISLATION IN THE STATES Corrupt and unethical behavior by relatively few public officials has undermined the faith and trust of the governed. Public office is a public trust--any effort to realize personal gain through public office is a violation of that trust. Because of the part-time nature of most elected and ap- poin%ed positions in state and local government, it is inevit- able that officials will have private interests and sources of income that conflict with their public duties. The first step toward open and accountable government is for officials to make known to the public their personal financial holdings and sources of income. This will give citizens information on which to judge whether their representatives act in the public interest rather than for private gain. As Justice Brandeis wrote in 1913: "Publicity is justly commended as a remedy for social and indus- trial diseases. S~nlight is said to be the best of disinfect- ants; electric light the most effective policeman." The Problem Boodling is not dead in America. A Maryland engineer testifying at the trial of a since-convicted and deposed Baltimore County Executive described the system that brought down former Vice-President Agnew as "a soft-criminal syndicate -4- It is no wonder that public confidence in government is at an all-time low. A January 1979, ABC News-Harris Survey found that almost half of those surveyed think that the practice of politicians getting kickbacks from contractors who do business with the government is on the rise. Another 29% believe that "it's business as usual". Common Cause Proposals Common Cause Founding Chairman John W. Gardner has cited two reasons for lack of public confidence in government. "The two chief obstacles to responsive government are money and secrecy: the scandalous capacity of money to buy political outcomes, and the bad habit of doing the public's business be- hind closed doors." Common Cause believes that only strong conflict of interest legislation and its vigorous enforcement can dispel common suspicions that cronyism and corruption are necessary costs of the democratic system. Each state should enact tough conflict of interest legislation that includes the following basic principles: --Coverage of all elected and appointed state and local officials, and candidates for such offices, in the executive, ~egislative, and judicial branches of government as well as employees in policy-making positions. Whenever public officials are given discretion over matters that carry economic conse- quences, the possibility for conflicts of interest exists no -5- matter what level of government. A comprehensive state statute has the advantage of providing a uniform set of requirements for all state and local officials, while'permitting state agencies and local governments to supplement the state law to provide for their specialized needs. --A comprehensive code of ethics that declares public office a public trust and that prohibits any attempt to realize personal financial gain through public office. The model code of ethics prohibits bribery, limits gifts to public officials, restricts contracts between public officials and their govern- mental units, and prohibits officials from appearing before governmental bodies for compensation (and before their former govermental body for one year after leaving). Also, the majority of the members of a governmental body shall not have a personal economic interest in the matters subject to the jurisdiction of the body. The law should provide mechanisms for disqualification from potential conflict of interest actions, as well as procedures for seeking legally binding advisory decisions from an independent ethics commission. --Mandatory, annual, and detailed disclosure of economic interests and sources of income by officials and members of their families living in the household. Businesses of which the official is director, trustee, officer, owner, employee, or holder of stock worth $1,000 or more should be disclosed along with real property in the state valued in excess of $2,500. Major creditors ($1,000 or more) and persons from whom gifts of $25 or more or income of $1,000 or more were received should be disclosed. Identification of the major clients of lawyers is especially important because of the ease with which the interests of one's clients can become confused with the public interest. The weight of legal autho- rity denies that the lawyer-client privilege prevents the disclosure of the fact of employment as long as the substance of communications remains confidential. To lessen the sting of disclosure, the model provides that disclosure may be by category of value rather than the precise dollar amount. We have taken precaution to meet current constitutional standards --there must be a reasonable relationship between the infor- mation required to be disclosed and the public interest to be served. Not all assets and liabilities nor interests under certain dollar values need to be disclosed. --Tough'sanctions enforced by an independent enforcement commission. State and local prosecutors have shown an uncanny ability to ignore political corruption. An independent and bipartisan ethics Commission will not feel the peer pressures against enforcement that local prosecutors and legislative committees too often cannot resist. In order to ensure confi- dence in the work of the commission, citizens should be given standing to sue to enforce the law if the commission does not. Progress in the States Virtually every state has anti-bribery provisions and statutes restricting public officials and employees from Washington State enacted one of the earliest and best financial disclosure laws in the nation. State and local elected officials are required to disclose for themselves and their families living in the household: major financial interests, creditors, sources of compensation of $500 or more, and real property or businesses in which the official or family holds an ownership of 10 percent or more. During the 1972 initiative campaign that led to the law's approval 72 percent of the voters of Washington, mass resig- nations were threatened. Since its enactment, the law has been cited by opponents of reform as having triggered mass resigna- tions. The Assistant Secretary of the State of Washington has labeled such r~ors "grossly exaggerated" and has pointed to these figures: of 275 elected state officials, one resignation has been attributed to the law; of 378 county officials, there have been two ~resignations. Similar rumors of mass resignations have spread in other states but the facts do not support them. According to William Boyd of the National. Municipal League, which has established a national clearinghouse for information on state ethics legis- lation, "there's been a lot more sound and fury than substance" to the threats of resignation in the states. When the 1973 California conflict of interest law covering 7,500 public officials went into effect, for example, a survey of the state by United Press International found that only 50 public officials had resigned. Many were local planning officials who resigned rather than disclose their interests as speculators, architects, and developers. Larry Gonzalez of the Florida Commission on Ethics reports only seven members of local boards and one state representative who cited finan- cial disclosure as a reason for resigning from'public office. A~cording to Melvin Cooper, Executive Director of the Alabama Ethics Commission, compliance for state officials, who have now filed three times under the law, is 100 percent. Out of some 2,800 state officials, only one has resigned rather than file. The Nebraska Accountability and Disclosure Commis- sion reports only a few resignations from county planning boards. The Wisconsin Governor's office stated that no one has refused to accept an appointment because of the financial dis- closure requirements. The State Ethics Board reported that there has been virtually 100% compliance from state officials and all candidates in the November 1978 election filed the necessary financial disclosure statements. Richard Terapak, a member of the Ohio Ethics Commission, in a presentation to a 1978 National Municipal League Conference panel, explained that in Ohio, "candidates have not been driven away by financial disclosure...Likewise there have been no mass resignations by the other type of public official in Ohio-- the appointed rather than elected public servant--due to finan- cial disclosure." Critics of these ethics statutes, in addition to arguing that financial disclosure laws will force massive resignations of public officials, have also suggested that disclosure -10- requirements represent an unconstitutional invasion of privacy. In fact, virtually all state courts that have considered the question have upheld the constitutionality of financial disclo- sure. In assessing the appropriate balance between two valued and conflicting societal interests (i.e., the public's right to know v. the public official's right to privacy), most state courts have followed the logic suggested by the Supreme Court of Washington in its decision upholding the extensive disclosure requirements of the Washington Initiative. In the case of Fritz v. Gorton, 517 P.2d 911, 925 (1974), the Court held that: The right of the electorate to know most certainly is no less fundamental than the right of privacy. When the right of the people to be informed does not intrude upon intimate personal matters which are unrelated to fitness for public office, the candidate or officeholder may not complain that his own privacy is para- mount to the interests of the people (517 P.2d 911, at 925). Other state court cases include: · The Supreme Court of California found California's 1969 law unconstitutional [City of Carmel-by-the-~Sea v. Young, 466 P.2d 225 (1970)], but subsequently declared the 197~ law con- stitutional [County Of Nevada v. MacMillen, 522 P.2d 1345 (1974)]. · In 1975, the Maryland Court of Appeals upheld a county ordinance requiring broad financial disclosure [Montgomery County v. Walsh, 336 A.2d 97 (1975)], and the Supreme Court of Wisconsin upheld a Judicial Code of Ethics requiring annual personal financial disclosure [In re Kadin~, 235 N.W.2d 409 (1975)]. · In 1976, the Alabama Supreme Court [Comer v. City of Mobil, 337 S.2d 742 (1976)], the Florida Supreme Court [Goldtrap ~. Askew, 334 s.2d 20 (1976) ], and the Minnesota Supreme Court [Klaus v. Minnesota Ethics Commission, 244 N.W.2d 672 (1976)] upheld financial disclosure laws. The Supreme Court of Nevada found Nevada's 1975 disclosure law unconstitutionally vague [Dunphy v. Sheehan, 549 P.2d 332 (1976)] and a new law was enated enacted in 1977. -11- · In 1977, the Supreme Court of Missouri struck down a provision of the state's campaign law requiring candidates to file financial disclosure statements on the basis that the specific requirement was an invasion of privacy [Labor's Educational and Political Club-Independent v. Dan~, December 10, 1977]. · The New York Court of Appeals upheld a New York City law requiring financial disclosure by top officials after interpreting it to allow public disclosure only after employees had an opportunity for a hearing on any specific privacy claims [Hunter v. City of New York, 396 N.Y.S.2d 186 (1977)]. In 1978, the constitutionality of a state financial disclosure statute was tested in federal court. The Fifth Circuit of the U.S. Court of Appeals affirmed the U.S. District Court's 1977 decision (Plante v. Gonzalez, Sept. 14, 1977) which upheld Florida's 1976 Sunshine amendment requiring finan- cial disclosure by certain state and local public officials (Plante v. Gonzalez, June 30, 1978). In.writing the opinion of the Court, Judge Wisdom wrote that while the Court recognized that officials' privacy is "severely limited" by the amendment it "does not rise to the level of a constitutional problem". He also stated that the reporting requirement "will discourage corruption. Sunshine will make detection more likely." The United States Supreme Court in reviewing the case on appeals let stand the ruling of Fifth U.S. Circuit Court of Appeals that the amendment does not violate the "fundamental" constitutional rights of officials (Plante v. Gonzalez, January 22, 1979). Financial disclosure has also come about through executive orders in a number of states and these too have generally been sustained by the courts. Governors in fifteen states--Colorado, Idaho, Illinois, Iowa, Kentucky, Maryland, Michigan, Minnesota, VIRGINIA CHAPTER Please repl~ to: 2606 East Franklin Richmond, Virginia 8o /6 4-57oo February 24, 1980 Street Ms. Ruth Hodges Smith City Clerk City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Dear Ms. Smith: Thank you very much for sending me a copy of the Resolution adopted by the City Council on February ll, 1980, concerning access to False Cape State Park and use of the Fort Story beach. If you will continue to apprise The Nature Conservancy of further actions of the City Council on this subject it will be appreciated very much. Please express my thanks to members of the City Council for their thoughtfulness and for their enlightened actions affecting the conservation of the natural values of False Cape State Park. Vice Chairman (Tidewater) February 20, 1980 s My dear Ruth: I have just seen your letter of February 12, and I appreciate your writing. Thank you for bringing to my atten- tion the resolution adopted by the City Council regarding access to False Cape State Park. I am taking the liberty of bringing this resolution to the attention of the Depart- ment of the Interior. ~I I hope you will continue to keep me apPrised of the Council's thinking with regard to the various issues involved in this contro- versy. With best wishes, Ruth, I am Sincerely, Ms. Ruth Hodges Smith City Clerk Municipal Center Virginia Beach, Virginia 23456 DATE: Feb. 20, 1980 TO: George L. Hanbury DEPARTMENT: City Manager FROM: C. Oral Lambert, Jr. DEPARTMENT: Public Works Director SUBJECT: K~ngs Point Ditch - "Beacon" Article The photographs which were printed in the February 19/20, 1980 issue of the Beacon, and associated with an article written by Melinda Forbes, are incorrect and misleading. 1. The picture that shows the cracked sidewalk does not relate, nor was it caused by erosion. The sidewalk was damaged during the cleaning of the ditch in October 1979 by City Highway crews. The sidewalk was subsequently repaired by the Highway Division in November 1979. 2. The picture that depicts erosion along the eastern bank of the ditch is not related to the original Kings Point subdivision. it is, in fact, adjacent to a subdivision under construction known as Kings Point East. The homes on the left of the photo- graph are in the original Kings Point subdivision, and the picture is pertinent only with regard to the close proximity of the houses to the ditch. I complained by telephone to Melinda Forbes and the Mana~ng Editor of the Beacon, who selected the photographs, and I was given assurances that a correction would be made with regard to the broken sidewalk photograph. They indicated the ditch picture was not attempting to show erosion, rather "drainage ditch runs close to houses". V C. Oral Lambert, Jr. COLjr./mb cc: Sam Clay Walter Beaman FOR YOUR INFOPu~ATION OFFICE OF PUBLIC INFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 LEAP YEAR Do you know that the custom of women proposing to men during leap year has its origin way back in history. Allegedly in 1288 Queen l~argaret of Scotland decreed that in a leap year any ~oman could propose to any man she liked, l{e could refuse her only if he was already engaged. However, if he insisted on preserving his single state and rejected the v~oman's advances, he was liable to a fine of ~100, reducible only in cases of hardshio. Why not leap over to one of the branches of the Virginia Beach Public I,ibrary. Yeur library has lots to offer. Just to name a few, there are books, magazines, art prints, sculpture, puzzles, story times for children, and records. Come on by and check it out or call 340-5200 for hours and program information. Pl~:pm 2-21-80 OFFICE OF PUBLIC INFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 VIRGINIA BEACH FUBLIC LIBRARIES OFFER ARTISTS OPPORTUNITY TO EXHIBIT WORKS The Virginia Beach Department of Public Libraries offers local srtists the opportunity to exhibit their works in the Oceanfront and Great Neck Branch Libraries. Artists which sre selected may exhibit their works for one month in one of the branch libraries. Artists who wish to participate should submit two examples of their work for judging. Either the actual works or color slides may be submitted. The artist's work should be delivered for judging to the Virginia Beach Arts Center on Thursday and Friday, ~arch 13th and 14th, between 10:00 a.m. and 4:00 p.m. and on Saturday, March 15th between 11:00 a.m. and 4:00 p.m. The Arts Center is located at 18th Street and Arctic Avenue. Only works which can be hung from the wall will be accepted for exhibition. 2 Art works ~nd slides will be evaluated by a three-member panel on Monday, ~arch 17th. Panel members will include Tony Radich, Director of the Virginia Beach A{ts Center; Payton Campbell, a specialist in dra~,Jing and mixed media and winner of the 1978 Best in Show ~vard at the Boardwalk Art Show; and David Driscoll, free-lance photographer and instructor at the Arts Center. Works of art and slides submitted for judging may be oic~ed up at the Arts Center between 1:00 p.m. and 4:00 p.m. on March 17th and between 10:00 a.m. and 4:00 p.m. on Tuesday and Wednesday, March 18th and 19th. All works of art must be pic!~ed up by Yarch 19th. Artists selected for exhibition are responsible for hanging their own works in cooperation with the library staff. For additional information, contact the Virginia Beach Department of Public Libraries at 427-4321. P>~.:pm 2-25-80 OFFICE OF PUBLIC INFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 CITY OF VIRGINIA BEACH DEPARTHENT OF ;GRICULTURE PROG~,LANS AND ACTIVITIES What's Your Beef? On Tuesday, Harch 4, 1980 from 10:00 a.m. and 7:00-9:00 p.m. the Virginia will sponsor workshops entitled 12:00 (noon) Beach Department of Agriculture "What's Your Beef?" The workshop will be held at the V.P.I. Extension Annex on South Birdneck Road. This consumer meat workshop will feature a local butcher who will demonstrate meat cuts and how to debone chicken breasts as well as discuss meat selection, buying and preparation. For further information contact the Virginia Beach Department of Agriculture at 427-4511. Home Study Course In Consumer Education Are you interested in "Learning to Cope With Inflation"? If so, the Virginia Beach Deoartment of Agriculture has a series of four self study lessons to help yon develop consumer "](now how". To enroll call or write the Depsrtment before Friday, biarcb 7, 1980 at: Nunicipal Beach, VA 23456 or call 427-4511. of Agriculture Center, Virginia 2 Vegetable Gardening Program Join 33 million families this year and save as much as $400 on your food bill with a vegetable garden. Everything from asparagus to zucchini will be covered by Virginia Beach Department of Agriculture staff at programs to be held at the Oceanfront Branch Library on Wednesday, }~arch 12, 1980 and at March 26, 1980. For further information Oceanfront Branch Library at Branch Library at 481-6094. Great Neck Branch Library on Wednesday, or to register call the 428-4186 or the Great Neck P~:pm 2-21-80 OFFICE OF PUBLIC INFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 }~. MICHAEL J. BARRETT ASSISTAlqT TO THE CITY }~NAGER/PUBLIC ASSISTANCE Mr. Michael J. Barrett has been appointed to the position of Virginia Beach's Assistant to the City Manager/Public Assistance. His appointment was announced by Virginia Beach City Manager George L. Hanbury. In this position, Barrett will concentrate primarily upon citizen assistance requests. He will also carry out other projects and assignments for the City Manager. Barrett, a Virginia Beach resident, was formerly Assistant to the City Manager for Human Services for the City of Chesapeake. Prior to that he was Director, Chesapeake Substance Abuse Program. Commenting upon the appointment, Hanbury stated "Virginia Beach is indeed fortunate to have secured an individual with his experience, background and talent. He will make a fine addition to my management team, and Virginia Beach residents will benefit from his expertise." Barrett, 33, has a B.S. 2 Degree from Colgate University and an ~A from the University of Oklahoma. of the faculty of G61den Gate University, professional and charitable organizations, Commander in the Naval Reserve. Barrett is married to the former Linda Hall and is the father o{ two children. He is a member active in several and a Lieutenant Charnock (Resume' Attached) ESC:pm 2-22-80 PRES~TATICN OF QUALIFICATIONS MICHAEL J. BARRETT 1821 COOPER ROAD VIRGINIA BEACH, VIPGINIA 80~-~81-6~88 COAL; Through various challenging assignments in management ~nd adminis- tration, I hope to achieve the level of expertise necessary to be- come a city m~nager. MOST RECENT E!.~LCY~ENT E×PERIE~CE: October, 1978, to th~ nresent. Assistant to the City Mana[er for Human Services, Chesapea~e, Virginia. Responsible to the City ~aneEer for the ccordination of all human services, includin~ research and recommendations to the City ~anc~er on policy statements, council inquiries, and administrative regulations. Noteworthy accomplishments in the last year include negotiating a Memorandum of Understanding with the Chanter Ten Board, developin~ policy recomuendationa and im- plementing a olanned movement towards services integration in the human service~, and instituting a new system for ad~inisterlng real estate tax relief for the elderly/disabled. Special assignments durin~ this period include servinz for the Mayor or Manaser on the Health Care Providers Committee, the Board of the Southeastern Tidewater Areawide Manpower Authority, the Re~ton~l Group Home Co~ission, the United Way Coordinating Oommittee, and the Pendleton Child Service Center. Also have been on thc staff to the Msyor~ Citizens C,.arter Com- mittee which has been asked to m~e redor_~endations tc Council for updating the City Charter so that it provides the framswcrk for continued good government in Chesapeake. Earned the rank of Professional Lecturer in reco[nition of out- standing service as a ~ember of the faculty of Golden Gate Uni- versity, San Francisco, California. Teach in the ~A pro~ra~ on military bases in Tidewatcr~ Courses on thc ~rsduate level for which I have been certified include Public Administration and 'Public Affair~, Concepts in Organization and ManaKenent, Local and Regional Governnent, and Organizational Change and Development. MILITARY EXFER!ENCEf Entered Naval Officer's Candidate School in June, 19~9o Co~missioned Ensign, USNR on Ccto0er 21, 1969. Served aboard U~S Suffolk County (LST 117~) ~s Wee~ons Officer, Assist- ant First'Lieute~ant, and Fublic Affairs Officer. Qualified as Officer of thc Deck, Fleet Operations. Served cn thc Staff, U.S. Presentation of Qualifications . -2- Michael J. Barrett Naval Forces, Southern Command as Operations Watch Officer and Disaster Preparedness Plans Officer. Released from active duty on September 15, 1972. Remain active in the Naval Reserve as Officer in Charge, of NH USS PAPAGO (ATF 160) at Little Creek. ~ have Just been selected to be promoted to the remk of Lieutenant Commander. ~REVIOU$ EMPLOYMENT: November, 1772 - September, 1978 Director, Chesapeake Substmnce Abuse Program. Responsible for directing the agency which is a prevention oriented substance abuse program for the City of Chesapeake. Responsible to the City Manager through the Director of Social Services for staff adminis- tration, program planning, gr~nt management, budgeting, end com- munity relations. Directly supervise a professional staff of fifteen personnel from various disciplines including social wor~, mental health and education. Accomplishuents included design and implementation of an alcohol proEram and leadership role in the City Manager%program to integrate the services of the human service delivery system. September~ 1972 - Cctober~ 197~ G$-ll Program Manager for Coumandant, Fifteenth Navel District. Responsible for organizinE, administering, and executing a compre- hensive recreation program for all Pacific area Commands in the Canal Zone. June, 1963 -June, lo6o Technical Sales Be'presentative for S. D. Warren Company. Training was in preparation for a management position with the company and was interrupted by my commitment to active duty in the USNR. Surner, lO~7 Research Associate, Cowles CocmlAn~ications. Did marketing research in test markets. S,,mmer position while attending college. PREVIOUS EDUCATICNAL EXFEPIENCE: Graduated, University of Oklahoma, ~!PA degree, 1975 Graduated, Colzate University, BA de~ree, 1968 Graduated, HarVard Business School Summer Intern Program, lC67 Graduated, Bridgewater-Raritan High Schcol, Raritan, New Jersey, 196~ PER$CNAL DATA~ Age~,~ health excellent. Married to the former Linda Hall Charncc!< of Vi. rginia Beach. Two children: Meredith Shea, age 6, end ~ich~el Wade, age 5. OFFICE OF PUBLIC INFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 ENERGY CONSERVATION INFOP~TION AVAILABLE The Virginia Beach Office of Emergency Services currently has packets of energy saving information available for citizens. Included in the package is a free t!ome Computer Analysis'Questionnaire which citizens complete and return to the State Office of Emergency and Energy Services for processing in a computer programmed to recommend the improvements that will save money and advise against the ones that won't. The package also includes the. publications "Home Heating with Wood" and "How to Get Top Performance with Oil Heat". In addition, an 80 page book entitled "In the Bank...Or Up the.Chimney" is included ~ich is a guide to caulking, weatherstr~Dping and insulating. In erder to obtain this packet of information contact the Virginia Beach Office of Emergency Services at 427-4192. P~.~: pm 2-26-80 OFFICE OF PUBLIC iNFORMATION CITY OF VIRGINIA BEACH, 23456 TELEPHONE (804) 427-4111 SAVE YOUR VISION WEEK (MARCH 2nd-8th) ' Do you or someone you know have a vision problem? This week (~.[arch 2nd-Sth) is the 53rd anniversary of National Save Your Vision Week. It's a good time to visit the Special Services Division of the Virginia Beach Public Library which has large print books, talking books and talking book machines, cassette tapes and Braille materials for home use. Ask your librarian about talking books--a free service to those whose visual or physical condition prevents them from reading conventional print materials, covering topics from gardening to sports, and poetry to current best sellers. Get in touch with the Special Services Division located at the Bayside Branch Library and "sse" what services are available to you or someone who cannot see too well. Come by 936 Independence ~lvd. or call 46L~-9175 for additional information. P}%:pm 2-26-80