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3'7,2 <br /> <br />October 2t, 1981 <br /> <br />81-367(c} <br /> <br />Zoning Petition Z 81-12 The following statement <br />Morton V. Whitlow, dated October 20, 1981: <br /> <br />"Re: Zoning Petition Z 81-12 <br /> <br />received <br /> <br />from Councilman <br /> <br /> I am enclosing a recent opinion I received from Steve Lieberman, City Attorney, dated <br />October 16, 1981; and for the reasons stated therein, it is necessary for me to abstain from <br />voting on the above styled matter, due to the fact that I periodically represent three sub- <br />stantial property owners in the rezoned area; and further, I regularly represent one major <br />property owner in the subject area. <br /> <br /> For this reason and based on the City Attorney's opinion, I wish you to note my absten- <br />ti3n on the vote. <br /> <br /> For the record, I believe it should be clbar that this zoning change was not filed by <br />any of clients, but rather, was requested by the City Planning Commission in order to bring <br />this area into conformity with the comprehensive plan: and [ have not adv~H nnr r~=~+~ <br />any of my clients in consultation relative to ~hi~ proposed ch'ange in zo~i~ ..... ~ ........ <br /> <br /> Thanking you for your recordation of my abstention and the City Attorney's opinion in <br />the records of City Council, I am,-signed by Morton V. Whitlow" <br /> <br /> Statement from Steven Lieberman, City Attorney, to Councilman Whitlow: <br /> <br /> "You have requested that the office of the City Att[rney render an opinion as to whether <br />Virginia Conflict of Interest Act (2.1-347 et seq., ~ode of Virginia) would prohibit <br />from participating in consideration of Zoning Petition Z-81-12, which was to rezone an <br /> <br />the <br />you <br />area bounded by High Street, Peninsula Avenue, County Street, Columbia Street and Meander Road <br />wherein you represent approximately four property owners in the area whose zo~ning would <br />obviously be affected by this change. It shouid be immediately noted that the petition for <br />the zoning change was filed by the City Planni$g Commission in order to bring this area into <br />conformity With the Comprehensive Plan and was not on the petition of any of your clients. <br /> <br /> The applicable portions of the Virginia C~nflict of Interest Act (2.1-352 and 2.1-348(f) <br />requmres that the member of a governing body, ~ho knows that he has a personal or pecuniary <br />interest coming to him as the result of any transaction, not of general application, shall <br />disqualify himself from voting thereon. The m~ndate of this act is operative only if there <br />is some causal connection between the official transaction of the g~verning body and some <br />effect upon the public officials pecuniary interest. <br /> <br /> Since the subject matter of your inquiry qoncerns the rezoning of property owned by a <br />client, it would appear that you may reasonabl~ be expezted to have a material financial <br />interest in this transaction if you or your LaW Firm is retained ~on a regular basis by the <br />property owner zn question. Consequently, under such circumstances, 2.1-352 wou~d be applic- <br />able, and pursuant to said Section, you should disclose to the governing body the interest <br />that you have in the transaction and disqualifg yourself from further voting or participating <br />in the official action thereon in behalf of th~ City.-signed by Steven Lieberman, City Attornt <br /> <br /> <br />