§ 2.2-3708. Electronic communication meetings; applicability; physical quorumrequired; notice; report.
A. Except as expressly provided in subsection G of this section or §2.2-3708.1, no local governing body, school board, or any authority, board,bureau, commission, district or agency of local government, any committeethereof, or any entity created by a local governing body, school board, orany local authority, board, or commission shall conduct a meeting wherein thepublic business is discussed or transacted through telephonic, video,electronic or other communication means where the members are not physicallyassembled. Nothing in this section shall be construed to prohibit the use ofinteractive audio or video means to expand public participation.
B. Except as provided in subsection D of § 2.2-3707.01, state public bodiesmay conduct any meeting wherein the public business is discussed ortransacted through electronic communication means, provided (i) a quorum ofthe public body is physically assembled at one primary or central meetinglocation, (ii) notice of the meeting has been given in accordance withsubsection C, and (iii) the remote locations, from which additional membersof the public body participate through electronic communication means, areopen to the public. All persons attending the meeting at any of the meetinglocations shall be afforded the same opportunity to address the public bodyas persons attending the primary or central location. State public bodies,however, may meet by electronic communication means without a quorum of thepublic body physically assembled at one location when (a) the Governor hasdeclared a state of emergency in accordance with § 44-146.17, (b) the meetingis necessary to take action to address the emergency, and (c) the public bodyotherwise complies with the provisions of this section.
If an authorized public body holds an electronic meeting pursuant to thissection, it shall also hold at least one meeting annually where members inattendance at the meeting are physically assembled at one location and whereno members participate by electronic communication means.
C. Notice of any meetings held pursuant to this section shall be provided atleast three working days in advance of the date scheduled for the meeting.The notice shall include the date, time, place, and purpose for the meeting;shall identify the locations for the meeting; and shall include a telephonenumber that may be used at remote locations to notify the primary or centralmeeting location of any interruption in the telephonic or video broadcast ofthe meeting to the remote locations. Any interruption in the telephonic orvideo broadcast of the meeting shall result in the suspension of action atthe meeting until repairs are made and public access restored.
D. Agenda packets and, unless exempt, all materials that will be distributedto members of the public body and that have been made available to the staffof the public body in sufficient time for duplication and forwarding to alllocations where public access will be provided shall be made available to thepublic at the time of the meeting. Minutes of all meetings held by electroniccommunication means shall be recorded as required by § 2.2-3707. Votes takenduring any meeting conducted through electronic communication means shall berecorded by name in roll-call fashion and included in the minutes.
E. Three working days' notice shall not be required for meetings authorizedunder this section held in accordance with subsection G or that are continuedto address an emergency or to conclude the agenda of the meeting for whichproper notice has been given, when the date, time, place, and purpose of thecontinued meeting are set during the meeting prior to adjournment. Publicbodies conducting emergency meetings through electronic communication meansshall comply with the provisions of subsection D requiring minutes of themeeting. The nature of the emergency shall be stated in the minutes.
F. Any authorized public body that meets by electronic communication meansshall make a written report of the following to the Virginia Freedom ofInformation Advisory Council and the Joint Commission on Technology andScience by December 15 of each year:
1. The total number of electronic communication meetings held that year;
2. The dates and purposes of the meetings;
3. The number of sites for each meeting;
4. The types of electronic communication means by which the meetings wereheld;
5. The number of participants, including members of the public, at eachmeeting location;
6. The identity of the members of the public body recorded as absent andthose recorded as present at each meeting location;
7. A summary of any public comment received about the electroniccommunication meetings; and
8. A written summary of the public body's experience using electroniccommunication meetings, including its logistical and technical experience.
G. Any local governing body, school board, or any authority, board, bureau,commission, district, or agency of local government may meet by electroniccommunication means without a quorum of the public body physically assembledat one location when the Governor has declared a state of emergency inaccordance with § 44-146.17, provided (i) the catastrophic nature of thedeclared emergency makes it impracticable or unsafe to assemble a quorum in asingle location and (ii) the purpose of the meeting is to address theemergency. The local public body convening a meeting in accordance with thissubsection shall (a) give public notice using the best available method giventhe nature of the emergency, which notice shall be given contemporaneouslywith the notice provided members of the local public body conducting themeeting; (b) make arrangements for public access to such meeting; and (c)otherwise comply with the provisions of this section. The nature of theemergency and the fact that the meeting was held by electronic communicationmeans shall be stated in the minutes.
(1984, c. 252, § 2.1-343.1; 1989, c. 358; 1991, c. 473; 1992, c. 153; 1993,c. 270; 1995, c. 278; 1996, c. 289; 1999, cc. 703, 726; 2001, c. 844; 2003,cc. 981, 1021; 2005, c. 352; 2007, cc. 512, 945; 2008, cc. 233, 789.)
§ 2.2-3708. Electronic communication meetings; applicability; physical quorumrequired; notice; report.
A. Except as expressly provided in subsection G of this section or §2.2-3708.1, no local governing body, school board, or any authority, board,bureau, commission, district or agency of local government, any committeethereof, or any entity created by a local governing body, school board, orany local authority, board, or commission shall conduct a meeting wherein thepublic business is discussed or transacted through telephonic, video,electronic or other communication means where the members are not physicallyassembled. Nothing in this section shall be construed to prohibit the use ofinteractive audio or video means to expand public participation.
B. Except as provided in subsection D of § 2.2-3707.01, state public bodiesmay conduct any meeting wherein the public business is discussed ortransacted through electronic communication means, provided (i) a quorum ofthe public body is physically assembled at one primary or central meetinglocation, (ii) notice of the meeting has been given in accordance withsubsection C, and (iii) the remote locations, from which additional membersof the public body participate through electronic communication means, areopen to the public. All persons attending the meeting at any of the meetinglocations shall be afforded the same opportunity to address the public bodyas persons attending the primary or central location. State public bodies,however, may meet by electronic communication means without a quorum of thepublic body physically assembled at one location when (a) the Governor hasdeclared a state of emergency in accordance with § 44-146.17, (b) the meetingis necessary to take action to address the emergency, and (c) the public bodyotherwise complies with the provisions of this section.
If an authorized public body holds an electronic meeting pursuant to thissection, it shall also hold at least one meeting annually where members inattendance at the meeting are physically assembled at one location and whereno members participate by electronic communication means.
C. Notice of any meetings held pursuant to this section shall be provided atleast three working days in advance of the date scheduled for the meeting.The notice shall include the date, time, place, and purpose for the meeting;shall identify the locations for the meeting; and shall include a telephonenumber that may be used at remote locations to notify the primary or centralmeeting location of any interruption in the telephonic or video broadcast ofthe meeting to the remote locations. Any interruption in the telephonic orvideo broadcast of the meeting shall result in the suspension of action atthe meeting until repairs are made and public access restored.
D. Agenda packets and, unless exempt, all materials that will be distributedto members of the public body and that have been made available to the staffof the public body in sufficient time for duplication and forwarding to alllocations where public access will be provided shall be made available to thepublic at the time of the meeting. Minutes of all meetings held by electroniccommunication means shall be recorded as required by § 2.2-3707. Votes takenduring any meeting conducted through electronic communication means shall berecorded by name in roll-call fashion and included in the minutes.
E. Three working days' notice shall not be required for meetings authorizedunder this section held in accordance with subsection G or that are continuedto address an emergency or to conclude the agenda of the meeting for whichproper notice has been given, when the date, time, place, and purpose of thecontinued meeting are set during the meeting prior to adjournment. Publicbodies conducting emergency meetings through electronic communication meansshall comply with the provisions of subsection D requiring minutes of themeeting. The nature of the emergency shall be stated in the minutes.
F. Any authorized public body that meets by electronic communication meansshall make a written report of the following to the Virginia Freedom ofInformation Advisory Council and the Joint Commission on Technology andScience by December 15 of each year:
1. The total number of electronic communication meetings held that year;
2. The dates and purposes of the meetings;
3. The number of sites for each meeting;
4. The types of electronic communication means by which the meetings wereheld;
5. The number of participants, including members of the public, at eachmeeting location;
6. The identity of the members of the public body recorded as absent andthose recorded as present at each meeting location;
7. A summary of any public comment received about the electroniccommunication meetings; and
8. A written summary of the public body's experience using electroniccommunication meetings, including its logistical and technical experience.
G. Any local governing body, school board, or any authority, board, bureau,commission, district, or agency of local government may meet by electroniccommunication means without a quorum of the public body physically assembledat one location when the Governor has declared a state of emergency inaccordance with § 44-146.17, provided (i) the catastrophic nature of thedeclared emergency makes it impracticable or unsafe to assemble a quorum in asingle location and (ii) the purpose of the meeting is to address theemergency. The local public body convening a meeting in accordance with thissubsection shall (a) give public notice using the best available method giventhe nature of the emergency, which notice shall be given contemporaneouslywith the notice provided members of the local public body conducting themeeting; (b) make arrangements for public access to such meeting; and (c)otherwise comply with the provisions of this section. The nature of theemergency and the fact that the meeting was held by electronic communicationmeans shall be stated in the minutes.
(1984, c. 252, § 2.1-343.1; 1989, c. 358; 1991, c. 473; 1992, c. 153; 1993,c. 270; 1995, c. 278; 1996, c. 289; 1999, cc. 703, 726; 2001, c. 844; 2003,cc. 981, 1021; 2005, c. 352; 2007, cc. 512, 945; 2008, cc. 233, 789.)
§ 2.2-3708. Electronic communication meetings; applicability; physical quorumrequired; notice; report.
A. Except as expressly provided in subsection G of this section or §2.2-3708.1, no local governing body, school board, or any authority, board,bureau, commission, district or agency of local government, any committeethereof, or any entity created by a local governing body, school board, orany local authority, board, or commission shall conduct a meeting wherein thepublic business is discussed or transacted through telephonic, video,electronic or other communication means where the members are not physicallyassembled. Nothing in this section shall be construed to prohibit the use ofinteractive audio or video means to expand public participation.
B. Except as provided in subsection D of § 2.2-3707.01, state public bodiesmay conduct any meeting wherein the public business is discussed ortransacted through electronic communication means, provided (i) a quorum ofthe public body is physically assembled at one primary or central meetinglocation, (ii) notice of the meeting has been given in accordance withsubsection C, and (iii) the remote locations, from which additional membersof the public body participate through electronic communication means, areopen to the public. All persons attending the meeting at any of the meetinglocations shall be afforded the same opportunity to address the public bodyas persons attending the primary or central location. State public bodies,however, may meet by electronic communication means without a quorum of thepublic body physically assembled at one location when (a) the Governor hasdeclared a state of emergency in accordance with § 44-146.17, (b) the meetingis necessary to take action to address the emergency, and (c) the public bodyotherwise complies with the provisions of this section.
If an authorized public body holds an electronic meeting pursuant to thissection, it shall also hold at least one meeting annually where members inattendance at the meeting are physically assembled at one location and whereno members participate by electronic communication means.
C. Notice of any meetings held pursuant to this section shall be provided atleast three working days in advance of the date scheduled for the meeting.The notice shall include the date, time, place, and purpose for the meeting;shall identify the locations for the meeting; and shall include a telephonenumber that may be used at remote locations to notify the primary or centralmeeting location of any interruption in the telephonic or video broadcast ofthe meeting to the remote locations. Any interruption in the telephonic orvideo broadcast of the meeting shall result in the suspension of action atthe meeting until repairs are made and public access restored.
D. Agenda packets and, unless exempt, all materials that will be distributedto members of the public body and that have been made available to the staffof the public body in sufficient time for duplication and forwarding to alllocations where public access will be provided shall be made available to thepublic at the time of the meeting. Minutes of all meetings held by electroniccommunication means shall be recorded as required by § 2.2-3707. Votes takenduring any meeting conducted through electronic communication means shall berecorded by name in roll-call fashion and included in the minutes.
E. Three working days' notice shall not be required for meetings authorizedunder this section held in accordance with subsection G or that are continuedto address an emergency or to conclude the agenda of the meeting for whichproper notice has been given, when the date, time, place, and purpose of thecontinued meeting are set during the meeting prior to adjournment. Publicbodies conducting emergency meetings through electronic communication meansshall comply with the provisions of subsection D requiring minutes of themeeting. The nature of the emergency shall be stated in the minutes.
F. Any authorized public body that meets by electronic communication meansshall make a written report of the following to the Virginia Freedom ofInformation Advisory Council and the Joint Commission on Technology andScience by December 15 of each year:
1. The total number of electronic communication meetings held that year;
2. The dates and purposes of the meetings;
3. The number of sites for each meeting;
4. The types of electronic communication means by which the meetings wereheld;
5. The number of participants, including members of the public, at eachmeeting location;
6. The identity of the members of the public body recorded as absent andthose recorded as present at each meeting location;
7. A summary of any public comment received about the electroniccommunication meetings; and
8. A written summary of the public body's experience using electroniccommunication meetings, including its logistical and technical experience.
G. Any local governing body, school board, or any authority, board, bureau,commission, district, or agency of local government may meet by electroniccommunication means without a quorum of the public body physically assembledat one location when the Governor has declared a state of emergency inaccordance with § 44-146.17, provided (i) the catastrophic nature of thedeclared emergency makes it impracticable or unsafe to assemble a quorum in asingle location and (ii) the purpose of the meeting is to address theemergency. The local public body convening a meeting in accordance with thissubsection shall (a) give public notice using the best available method giventhe nature of the emergency, which notice shall be given contemporaneouslywith the notice provided members of the local public body conducting themeeting; (b) make arrangements for public access to such meeting; and (c)otherwise comply with the provisions of this section. The nature of theemergency and the fact that the meeting was held by electronic communicationmeans shall be stated in the minutes.
(1984, c. 252, § 2.1-343.1; 1989, c. 358; 1991, c. 473; 1992, c. 153; 1993,c. 270; 1995, c. 278; 1996, c. 289; 1999, cc. 703, 726; 2001, c. 844; 2003,cc. 981, 1021; 2005, c. 352; 2007, cc. 512, 945; 2008, cc. 233, 789.)
