2006 Code of Virginia § 2.2-3708 - Electronic communication meetings

2.2-3708. Electronic communication meetings.

A. It shall be a violation of this chapter for any political subdivision orany governing body, authority, board, bureau, commission, district or agencyof local government or any committee thereof to 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. For purposes of this section:

"Electronic communication means" means any audio or combined audio andvisual communication method.

"Public body" means any public body of the Commonwealth, but excludes anypolitical subdivision or any governing body, authority, board, bureau,commission, district or agency of local government.

Except as provided in subsection D of 2.2-3707.01, state public bodies mayconduct any meeting wherein the public business is discussed or transactedthrough electronic communication means. Where a quorum of a public body ofthe Commonwealth is physically assembled at one location for the purpose ofconducting a meeting authorized under this section, additional members ofsuch public body may participate in the meeting through electroniccommunication means provided such participation is available to the public.

If a public body holds an electronic meeting pursuant to this section, thepublic body 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 seven 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. All locations for the meeting shall bemade accessible to the public. All persons attending the meeting at any ofthe meeting locations shall be afforded the same opportunity to address thepublic body as persons attending the primary or central location. Anyinterruption in the telephonic or video broadcast of the meeting shall resultin the suspension of action at the meeting until repairs are made and publicaccess restored.

Seven working days' notice shall not be required for meetings authorizedunder this section continued to address an emergency as provided insubsection F or to conclude the agenda of a meeting authorized under thissection for which the proper notice has been given, when the date, time,place, and purpose of the continued meeting are set during the meeting priorto adjournment.

D. An agenda and materials that will be distributed to members of the publicbody and that have been made available to the staff of the public body insufficient time for duplication and forwarding to all locations where publicaccess will be provided shall be made available to the public at the time ofthe meeting. Minutes of all meetings held by electronic communication meansshall be recorded as required by 2.2-3707. Votes taken during any meetingconducted through electronic communication means shall be recorded by name inroll-call fashion and included in the minutes.

E. Any public body that meets by electronic communication means shall make awritten report of the following to the Virginia Freedom of InformationAdvisory Council and the Joint Commission on Technology and Science byDecember 15 of each year:

1. The total number of electronic communication meetings held during thepreceding 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.

F. A public body may meet by electronic communication means as often asneeded if an emergency exists and the public body is unable to meet inregular session. Public bodies conducting emergency meetings throughelectronic communication means shall comply with the provisions of subsectionD requiring minutes of the meeting. The nature of the emergency shall bestated 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.)