CHAPTER 54

An Act to amend and reenact §§ 15-504 and 15-508, as amended, of the
Code of Virginia, relating to interest of certain officials in contracts
with or claims against counties, cities and towns.

[H 33]

Approved February 15, 1962

Be it enacted by the General Assembly of Virginia: _

1. That §§ 15-504 and 15-508, as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 15-504. No supervisor, superintendent of the poor, special police-
man, commissioner of the revenue, treasurer, attorney for the Common-
wealth, clerk of the court, judge of the county court, sheriff or any paid
officer of the county shall become interested, directly or indirectly,
in any contract, or in the profits of any contracts, made by or with any
officer, agent, commissioner, or person acting on behalf of the supervisors,
the county school board, or superintendent of the poor of the county, or in
any contract, fee, commission, premium or profit therefrom, paid, in whole
yr in part, by the county or any board, commission or agency thereof, or
n the sale or furnishing of supplies or materials to such county, and shall
10t become interested, directly or indirectly, in any contract, or in the
yrofits of any contract, made by or with any officer, agent, commissioner,
rustee or overseer for working and keeping in repair the public roads in
he county.

On application of the board of supervisors, board of public welfare,
ry school board, the circuit court may designate such attorney, who may be
he attorney for the Commonwealth or judge of the county court, to
represent either or all such boards in matters requiring the services of an
attorney, such attorney so designated to be paid such compensation by the
-ounty or school board or by the board of public welfare, as requisite, as
the court prescribes.

And no supervisor shall, except by descent or devise, marriage or as
a personal representative, committee of an insane person, or guardian,
become interested, directly or indirectly, in any claim against his county,
whether the same shall have been passed upon by the board of supervisors

or not. Any such contract shall be void, and the amount embraced bv anv
contract, the value of any such supplies or materials and the amount of
any such claim shall never be paid; or, if paid, may be recovered back,
with interest, by the county, in the circuit court of the county, by action
or motion, within two years from the time of payment.

The term “contract”, as herein used, shall not be held to include the
depositing of county or town funds in, or the borrowing of funds from,
local banks in which members of the board of supervisors, members of
the school board, or other county officers herein named may be a director or
officer or have a stock interest; nor shall it include the granting of
franchises to or purchase of services from public service corporations.

This section shall not be construed to prevent any officer, director or
stockholder of a bank, which has a contract with a county, from serving as
a member of the board of supervisors or as a member of the school board
of such county, nor shall it invalidate such contract.

This section shall not apply to attorneys for the Commonwealth em-
ployed by the governing bodies of counties under the provisions of §§ 58-762,
58-1016 or 58-1102 to collect taxes which are a lien on real estate; nor to
contracts for additional compensation to be paid an attorney for the
Commonwealth for services rendered in connection with proceedings under
chapter 8 of this title.

Nor shall this section apply to the publication of notices, lists, or other
information, which the county is required or permitted by law to publish, in
a newspaper owned directly or indirectly by a county officer or operated
by such officer, provided such newspaper is the only newspaper of general
circulation published in such county.

Nor shall this section apply to the compensation of sheriffs or their
deputies who also serve as jailors for their counties; nor to the employment
of a sheriff of a county or his deputy as janitor for a county building or
buildings.

§ 15-508. No member of the council, board of aldermen or member
of the school board, or any other officer, or agent, or any commissioner
appointed for the opening of streets, or any other member of a committee
constituted or appointed for the management, regulation or control of
corporate property of any city or town, or constable, policeman, com-
missioner of the revenue, treasurer, attorney for the Commonwealth, clerk
of the court, civil or police justice, sheriff, sergeant, superintendent of
the poor or any other paid officer of any city or town, during the term for
which they are elected or appointed, shall be a contractor or subcontractor,
with the corporation, or its agents, or with such committee, nor shall they
be interested, directly or indirectly, in any contract, subcontract, or job
of work, or materials, or the profits or contract price thereof, or any
services to be performed for the city, or town, for pay under any contract
or subcontract; and no such councilman, officer or employee shall be in-
terested, directly or indirectly in any contract, subcontract, or job of work,
or materials or the profits or the contract price thereof, or services to be
furnished or performed for the city or town for pay under any contract or
subcontract; nor as agent for such contractor or subcontractor, or other
person furnishing any supplies or materials. Every such contract or sub-
contract shall be void, and the officer, councilman, agent, or member of
such committee making such contract shall forfeit to the Commonwealth
the full amount stipulated for thereby.

No officer of a city or town, who alone or with others is charged
with the duty of auditing, settling or providing, by levy or otherwise, for
the payment of claims against such city or town, shall, by contract,
directly or indirectly, become the owner of or interested in any claim
against such city or town. Every such contract or subcontract shall be
void, and if any such claim be paid, the amount paid, with interest, may be
recovered back by the city or town, within two years after payment, by
action or motion in the circuit or corporation court having jurisdiction
over such city or town. ;

The term “contract” as used in this section shall not be held to include
the depositing of city or town funds in, or the borrowing of funds from,
local banks in which councilmen, members of the school board or other
officer of the city or town may be a director or officer or have a stock
interest; nor shall it include the granting of franchises to or purchase of
services from public service corporations.

This section shall not prevent any officer, stockholder, or director of a
bank which has a contract with a city from serving as a member of the
council or as a member of the school board of such city, nor affect the
validity of any such contract.

This section shall not apply to attorneys for the Commonwealth em-
ployed by the governing bodies of cities under the provisions of §§ 58-762,
58-1016 or 58-1102 to collect taxes which are a lien on real estate.