2006 Code of Virginia § 2.2-3707 - Meetings to be public; notice of meetings; recordings; minutes

2.2-3707. Meetings to be public; notice of meetings; recordings; minutes.

A. All meetings of public bodies shall be open, except as provided in 2.2-3707.01 and 2.2-3711.

B. No meeting shall be conducted through telephonic, video, electronic orother communication means where the members are not physically assembled todiscuss or transact public business, except as provided in 2.2-3708,2.2-3709 or as may be specifically provided in Title 54.1 for the summarysuspension of professional licenses.

C. Every public body shall give notice of the date, time, and location of itsmeetings by placing the notice in a prominent public location at whichnotices are regularly posted and in the office of the clerk of the publicbody, or in the case of a public body that has no clerk, in the office of thechief administrator. All state public bodies subject to the provisions ofthis chapter shall also post notice of their meetings on the Internet.Publication of meeting notices by electronic means by other public bodiesshall be encouraged. The notice shall be posted at least three working daysprior to the meeting. Notices for meetings of state public bodies on whichthere is at least one member appointed by the Governor shall state whether ornot public comment will be received at the meeting and, if so, theapproximate point during the meeting when public comment will be received.

D. Notice, reasonable under the circumstance, of special or emergencymeetings shall be given contemporaneously with the notice provided members ofthe public body conducting the meeting.

E. Any person may annually file a written request for notification with apublic body. The request shall include the requester's name, address, zipcode, daytime telephone number, electronic mail address, if available, andorganization, if any. The public body receiving such request shall providenotice of all meetings directly to each such person. Without objection by theperson, the public body may provide electronic notice of all meetings inresponse to such requests.

F. At least one copy of all agenda packets and, unless exempt, all materialsfurnished to members of a public body for a meeting shall be made availablefor public inspection at the same time such documents are furnished to themembers of the public body.

G. Nothing in this chapter shall be construed to prohibit the gathering orattendance of two or more members of a public body (i) at any place orfunction where no part of the purpose of such gathering or attendance is thediscussion or transaction of any public business, and such gathering orattendance was not called or prearranged with any purpose of discussing ortransacting any business of the public body or (ii) at a public forum,candidate appearance, or debate, the purpose of which is to inform theelectorate and not to transact public business or to hold discussionsrelating to the transaction of public business, even though the performanceof the members individually or collectively in the conduct of public businessmay be a topic of discussion or debate at such public meeting. The noticeprovisions of this chapter shall not apply to informal meetings or gatheringsof the members of the General Assembly.

H. Any person may photograph, film, record or otherwise reproduce any portionof a meeting required to be open. The public body conducting the meeting mayadopt rules governing the placement and use of equipment necessary forbroadcasting, photographing, filming or recording a meeting to preventinterference with the proceedings.

I. Minutes shall be recorded at all open meetings. However, minutes shall notbe required to be taken at deliberations of (i) standing and other committeesof the General Assembly; (ii) legislative interim study commissions andcommittees, including the Code of Virginia Commission; (iii) study committees orcommissions appointed by the Governor; or (iv) study commissions or studycommittees, or any other committees or subcommittees appointed by thegoverning bodies or school boards of counties, cities and towns, except wherethe membership of any such commission, committee or subcommittee includes amajority of the governing body of the county, city or town or school board.

Minutes, including draft minutes, and all other records of open meetings,including audio or audio/visual records shall be deemed public records andsubject to the provisions of this chapter.

Minutes shall include, but are not limited to, (i) the date, time, andlocation of the meeting; (ii) the members of the public body recorded aspresent and absent; and (iii) a summary of the discussion on mattersproposed, deliberated or decided, and a record of any votes taken. Inaddition, for electronic communication meetings conducted in accordance with 2.2-3708, minutes of state public bodies shall include (a) the identity ofthe members of the public body at each remote location identified in thenotice who participated in the meeting through electronic communicationsmeans, (b) the identity of the members of the public body who were physicallyassembled at the primary or central meeting location, and (c) the identity ofthe members of the public body who were not present at the locationsidentified in clauses (a) and (b), but who monitored such meeting throughelectronic communications means.

(1968, c. 479, 2.1-343; 1973, c. 461; 1976, c. 467; 1977, c. 677; 1982, c.333; 1989, c. 358; 1990, c. 538; 1993, c. 720; 1995, c. 562; 1999, cc. 696,703, 726; 2000, c. 227; 2001, c. 844; 2004, cc. 730, 768; 2005, c. 352.)