Why Virginia Requires Public Officials to Disclose Their Finances

Why are locally elected officials required to make their financial holdings public. What are the consequences if they fail to do so?

McLean Patch reported Wednesday that three members of the McLean Community Center board, including Chairman David Sanders had failed to file  financial disclosure reports that were due Jan. 15. The other eight members did file.

The state of Virginia requires public officials to tell taxpayers of their financial holdings and interests, and those of their families, once a year to avoid conflicts of interests.

The Virginia law states: "The General Assembly, recognizing that our system of representative government is dependent in part upon ... citizens maintaining the highest trust in their public officers and employees, finds and declares that the citizens are entitled to be assured that the judgment of public officers and employees will be guided by a law that defines and prohibits inappropriate conflicts and requires disclosure of economic interests.

"To that end and for the purpose of establishing a single body of law applicable to all state and local government officers and employees on the subject of conflict of interests, the General Assembly enacts this State and Local Government Conflict of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth."

This is the law that makes the financial disclosure forms a requirement. "The members of the governing body of any authority ... having the power to issue bonds or expend funds in excess of $10,000 in any fiscal year, shall file, as a condition to assuming office, a disclosure statement of their personal interests ... shall file such a statement annually on or before January 15."

The 11-member board of the McLean Community Center awards thousands of dollars in contracts, oversees a $6 million budget, and has accumulated a $12 million surplus over the years by charging taxpayers more than it costs to operate the center. The board has the power to tax McLean residents to pay for the operation of the Community Center.

Nearly a month after the deadline,  board chairman David Sanders, a longtime board member, plus members  Craig Richardson, a local realtor, and Robin Walker, an artist, mother and homemaker, had failed to file their reports with Fairfax County when McLean Patch checked the reports Tuesday afternoon. Walker said late Wednesday that she had now filed her report.

Neither Sanders nor Richardson has responded to our inquiries.

The forms are administered by the Secretary of the Commonwealth, a state office. When we called the Secretary's office to ask about enforcement, we were referred to the governor’s press secretary.

“The State and Local Government Conflict of Interests Act is enforced on local officials by the Commonwealth’s Attorney for the locality," Jeff Caldwell, press secretary to Gov. Bob McDonnell, told us in an e-mail. The Commonwealth's Attorney is the chief prosecutor for Virginia's counties and cities.