{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3708.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3708.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3708.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3708.3.html"}],"law_id":54063,"edition_id":1,"section_id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","history":"2022, c. 597; 2024, cc. 56, 129, 610, 617.","full_text":"A\n\nPublic bodies are encouraged to (i) provide public access, both in person and through electronic communication means, to public meetings and (ii) provide avenues for public comment at public meetings when public comment is customarily received, which may include public comments made in person or by electronic communication means or other methods.B\n\nIndividual members of a public body may use remote participation instead of attending a public meeting in person if, in advance of the public meeting, the public body has adopted a policy as described in subsection D and the member notifies the public body chair that:1\n\nThe member has a temporary or permanent disability or other medical condition that prevents the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability as defined in § 51.5-40.1 and uses remote participation counts toward the quorum as if the individual was physically present;2\n\nA medical condition of a member of the member’s family requires the member to provide care that prevents the member’s physical attendance or the member is a caregiver who must provide care for a person with a disability at the time the public meeting is being held thereby preventing the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a caregiver for a person with a disability and uses remote participation counts toward the quorum as if the individual was physically present;3\n\nThe member’s principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting; or4\n\nThe member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter. However, the member may not use remote participation due to personal matters more than two meetings per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater.\n\t\t\t\tIf participation by a member through electronic communication means is approved pursuant to this subsection, the public body holding the meeting shall record in its minutes the remote location from which the member participated; however, the remote location need not be open to the public and may be identified in the minutes by a general description. If participation is approved pursuant to subdivision 1 or 2, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to a (i) temporary or permanent disability or other medical condition that prevented the member’s physical attendance or (ii) family member’s medical condition that required the member to provide care for such family member, thereby preventing the member’s physical attendance. If participation is approved pursuant to subdivision 3, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to the distance between the member’s principal residence and the meeting location. If participation is approved pursuant to subdivision 4, the public body shall also include in its minutes the specific nature of the personal matter cited by the member.\n\t\t\t\tIf a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity.C\n\nWith the exception of local governing bodies, local school boards, planning commissions, architectural review boards, zoning appeals boards, and boards with the authority to deny, revoke, or suspend a professional or occupational license, any public body may hold all-virtual public meetings, provided that the public body follows the other requirements in this chapter for meetings, the public body has adopted a policy as described in subsection D, and:1\n\nAn indication of whether the meeting will be an in-person or all-virtual public meeting is included in the required meeting notice along with a statement notifying the public that the method by which a public body chooses to meet shall not be changed unless the public body provides a new meeting notice in accordance with the provisions of § 2.2-3707;2\n\nPublic access to the all-virtual public meeting is provided via electronic communication means;3\n\nThe electronic communication means used allows the public to hear all members of the public body participating in the all-virtual public meeting and, when audio-visual technology is available, to see the members of the public body as well. When audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails;4\n\nA phone number or other live contact information is provided to alert the public body if the audio or video transmission of the meeting provided by the public body fails, the public body monitors such designated means of communication during the meeting, and the public body takes a recess until public access is restored if the transmission fails for the public;5\n\nA copy of the proposed agenda and all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting is made available to the public in electronic format at the same time that such materials are provided to members of the public body;6\n\nThe public is afforded the opportunity to comment through electronic means, including by way of written comments, at those public meetings when public comment is customarily received;7\n\nNo more than two members of the public body are together in any one remote location unless that remote location is open to the public to physically access it;8\n\nIf a closed session is held during an all-virtual public meeting, transmission of the meeting to the public resumes before the public body votes to certify the closed meeting as required by subsection D of § 2.2-3712;9\n\nThe public body does not convene an all-virtual public meeting (i) more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater, or (ii) consecutively with another all-virtual public meeting; and10\n\nMinutes of all-virtual public meetings held by electronic communication means are taken as required by § 2.2-3707 and include the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held. If a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity.D\n\nBefore a public body uses all-virtual public meetings as described in subsection C or allows members to use remote participation as described in subsection B, the public body shall at least once annually adopt a policy, by recorded vote at a public meeting, that shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. The policy shall:1\n\nDescribe the circumstances under which an all-virtual public meeting and remote participation will be allowed and the process the public body will use for making requests to use remote participation, approving or denying such requests, and creating a record of such requests; and2\n\nFix the number of times remote participation for personal matters or all-virtual public meetings can be used per calendar year, not to exceed the limitations set forth in subdivisions B 4 and C 9.\n\t\t\t\tThe policy shall not prohibit or restrict any individual member of a public body who is participating in an all-virtual meeting or who is using remote participation from voting on matters before the public body.\n\t\t\t\tAny public body that creates a committee, subcommittee, or other entity however designated of the public body to perform delegated functions of the public body or to advise the public body may also adopt a policy on behalf of its committee, subcommittee, or other entity that shall apply to the committee, subcommittee, or other entity’s use of individual remote participation and all-virtual public meetings.","order_by":null,"text":{"0":{"id":198455,"text":"Public bodies are encouraged to (i) provide public access, both in person and through electronic communication means, to public meetings and (ii) provide avenues for public comment at public meetings when public comment is customarily received, which may include public comments made in person or by electronic communication means or other methods.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198456,"text":"Individual members of a public body may use remote participation instead of attending a public meeting in person if, in advance of the public meeting, the public body has adopted a policy as described in subsection D and the member notifies the public body chair that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":198457,"text":"The member has a temporary or permanent disability or other medical condition that prevents the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability as defined in § 51.5-40.1 and uses remote participation counts toward the quorum as if the individual was physically present;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":198458,"text":"A medical condition of a member of the member’s family requires the member to provide care that prevents the member’s physical attendance or the member is a caregiver who must provide care for a person with a disability at the time the public meeting is being held thereby preventing the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a caregiver for a person with a disability and uses remote participation counts toward the quorum as if the individual was physically present;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":198459,"text":"The member’s principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting; or","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":198460,"text":"The member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter. However, the member may not use remote participation due to personal matters more than two meetings per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater.\n\t\t\t\tIf participation by a member through electronic communication means is approved pursuant to this subsection, the public body holding the meeting shall record in its minutes the remote location from which the member participated; however, the remote location need not be open to the public and may be identified in the minutes by a general description. If participation is approved pursuant to subdivision 1 or 2, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to a (i) temporary or permanent disability or other medical condition that prevented the member’s physical attendance or (ii) family member’s medical condition that required the member to provide care for such family member, thereby preventing the member’s physical attendance. If participation is approved pursuant to subdivision 3, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to the distance between the member’s principal residence and the meeting location. If participation is approved pursuant to subdivision 4, the public body shall also include in its minutes the specific nature of the personal matter cited by the member.\n\t\t\t\tIf a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":198461,"text":"With the exception of local governing bodies, local school boards, planning commissions, architectural review boards, zoning appeals boards, and boards with the authority to deny, revoke, or suspend a professional or occupational license, any public body may hold all-virtual public meetings, provided that the public body follows the other requirements in this chapter for meetings, the public body has adopted a policy as described in subsection D, and:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"C1"},"7":{"id":198462,"text":"An indication of whether the meeting will be an in-person or all-virtual public meeting is included in the required meeting notice along with a statement notifying the public that the method by which a public body chooses to meet shall not be changed unless the public body provides a new meeting notice in accordance with the provisions of § 2.2-3707;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"8":{"id":198463,"text":"Public access to the all-virtual public meeting is provided via electronic communication means;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"9":{"id":198464,"text":"The electronic communication means used allows the public to hear all members of the public body participating in the all-virtual public meeting and, when audio-visual technology is available, to see the members of the public body as well. When audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"10":{"id":198465,"text":"A phone number or other live contact information is provided to alert the public body if the audio or video transmission of the meeting provided by the public body fails, the public body monitors such designated means of communication during the meeting, and the public body takes a recess until public access is restored if the transmission fails for the public;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"11":{"id":198466,"text":"A copy of the proposed agenda and all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting is made available to the public in electronic format at the same time that such materials are provided to members of the public body;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"12":{"id":198467,"text":"The public is afforded the opportunity to comment through electronic means, including by way of written comments, at those public meetings when public comment is customarily received;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"13":{"id":198468,"text":"No more than two members of the public body are together in any one remote location unless that remote location is open to the public to physically access it;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"14":{"id":198469,"text":"If a closed session is held during an all-virtual public meeting, transmission of the meeting to the public resumes before the public body votes to certify the closed meeting as required by subsection D of § 2.2-3712;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"15":{"id":198470,"text":"The public body does not convene an all-virtual public meeting (i) more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater, or (ii) consecutively with another all-virtual public meeting; and","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"16":{"id":198471,"text":"Minutes of all-virtual public meetings held by electronic communication means are taken as required by § 2.2-3707 and include the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held. If a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity.","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"D"},"17":{"id":198472,"text":"Before a public body uses all-virtual public meetings as described in subsection C or allows members to use remote participation as described in subsection B, the public body shall at least once annually adopt a policy, by recorded vote at a public meeting, that shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. The policy shall:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C10","next_prefix":"D1"},"18":{"id":198473,"text":"Describe the circumstances under which an all-virtual public meeting and remote participation will be allowed and the process the public body will use for making requests to use remote participation, approving or denying such requests, and creating a record of such requests; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"19":{"id":198474,"text":"Fix the number of times remote participation for personal matters or all-virtual public meetings can be used per calendar year, not to exceed the limitations set forth in subdivisions B 4 and C 9.\n\t\t\t\tThe policy shall not prohibit or restrict any individual member of a public body who is participating in an all-virtual meeting or who is using remote participation from voting on matters before the public body.\n\t\t\t\tAny public body that creates a committee, subcommittee, or other entity however designated of the public body to perform delegated functions of the public body or to advise the public body may also adopt a policy on behalf of its committee, subcommittee, or other entity that shall apply to the committee, subcommittee, or other entity’s use of individual remote participation and all-virtual public meetings.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; 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situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},"next_section":{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3708.3\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapter 597<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapters 56<\/a>, 129<\/a>, 610<\/a>, and 617<\/a>.<\/p>","references":[{"id":58304,"section_number":"15.2-1627.4","catch_line":"(Effective September 1, 2022) Coordination of multidisciplinary response to sexual assault","order_by":null,"url":"\/15.2-1627.4\/"},{"id":76931,"section_number":"15.2-1627.6","catch_line":"Coordination of multidisciplinary response to human trafficking","order_by":null,"url":"\/15.2-1627.6\/"},{"id":62411,"section_number":"2.2-3701","catch_line":"Definitions","order_by":null,"url":"\/2.2-3701\/"},{"id":58697,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","order_by":null,"url":"\/2.2-3707\/"},{"id":58814,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","order_by":null,"url":"\/2.2-3707.01\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"},{"id":86654,"section_number":"23.1-1301","catch_line":"Governing boards; powers","order_by":null,"url":"\/23.1-1301\/"},{"id":76552,"section_number":"23.1-2425","catch_line":"Confidential and public information","order_by":null,"url":"\/23.1-2425\/"}],"refers_to":[{"id":58697,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","order_by":null,"url":"\/2.2-3707\/"},{"id":54622,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","order_by":null,"url":"\/2.2-3712\/"},{"id":60539,"section_number":"51.5-40.1","catch_line":"Definitions","order_by":null,"url":"\/51.5-40.1\/"}],"permalink":{"id":176565,"object_type":"law","relational_id":54063,"identifier":"2.2-3708.3","token":"2.2\/II\/B\/37\/2.2-3708.3","url":"\/2.2-3708.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","dublin_core":{"Title":"Meetings held through electronic communication means; situations other than declared states of emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3708.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Public bodies<\/span> are encouraged to (i) provide public access, both in person and through electronic communication<\/span> means, to public meetings<\/span> and (ii) provide avenues for public comment at public meetings<\/span> when public comment is customarily received, which may include public comments made in person or by electronic communication<\/span> means or other methods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Individual members of a public body<\/span> may use remote participation<\/span> instead of attending a public meeting<\/span> in person if, in advance of the public meeting<\/span>, the public body<\/span> has adopted a policy as described in subsection D and the member notifies the public body<\/span> chair that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The member has a temporary or permanent disability or other medical condition that prevents the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body<\/span> who is a person with a disability as defined in § 51.5-40.1<\/a> and uses remote participation<\/span> counts toward the quorum as if the individual was physically present; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A medical condition of a member of the member’s family requires the member to provide care that prevents the member’s physical attendance or the member is a caregiver<\/span> who must provide care for a person with a disability at the time the public meeting<\/span> is being held thereby preventing the member’s physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body<\/span> who is a caregiver<\/span> for a person with a disability and uses remote participation<\/span> counts toward the quorum as if the individual was physically present; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The member’s principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter. However, the member may not use remote participation<\/span> due to personal matters more than two meetings per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater.\n\t\t\t\tIf participation by a member through electronic communication<\/span> means is approved pursuant to this subsection, the public body<\/span> holding the meeting shall record in its minutes the remote location from which the member participated; however, the remote location need not be open to the public and may be identified in the minutes by a general description. If participation is approved pursuant to subdivision 1 or 2, the public body<\/span> shall also include in its minutes the fact<\/span> that the member participated through electronic communication<\/span> means due to a (i) temporary or permanent disability or other medical condition that prevented the member’s physical attendance or (ii) family member’s medical condition that required the member to provide care for such family member, thereby preventing the member’s physical attendance. If participation is approved pursuant to subdivision 3, the public body<\/span> shall also include in its minutes the fact<\/span> that the member participated through electronic communication<\/span> means due to the distance between the member’s principal residence and the meeting location. If participation is approved pursuant to subdivision 4, the public body<\/span> shall also include in its minutes the specific nature of the personal matter cited by the member.\n\t\t\t\tIf a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> With the exception of local governing bodies, local school boards, planning commissions, architectural review boards, zoning appeals<\/span> boards, and boards with the authority to deny, revoke, or suspend a professional or occupational license, any public body<\/span> may hold all-virtual public meetings<\/span>, provided that the public body<\/span> follows the other requirements in this chapter for meetings, the public body<\/span> has adopted a policy as described in subsection D, and: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An indication of whether the meeting will be an in-person or all-virtual public meeting<\/span> is included in the required meeting notice along with a statement notifying the public that the method by which a public body<\/span> chooses to meet shall not be changed unless the public body<\/span> provides a new meeting notice in accordance with the provisions of § 2.2-3707<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Public access to the all-virtual public meeting<\/span> is provided via electronic communication<\/span> means; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The electronic communication<\/span> means used allows the public to hear all members of the public body<\/span> participating in the all-virtual public meeting<\/span> and, when audio-visual technology is available, to see the members of the public body<\/span> as well. When audio-visual technology is available, a member of a public body<\/span> shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A phone number or other live contact information is provided to alert the public body<\/span> if the audio or video transmission of the meeting provided by the public body<\/span> fails, the public body<\/span> monitors such designated means of communication during the meeting, and the public body<\/span> takes a recess until public access is restored if the transmission fails for the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A copy of the proposed agenda and all agenda packets and, unless exempt, all materials<\/span> furnished to members of a public body<\/span> for a meeting is made available to the public in electronic format at the same time that such materials<\/span> are provided to members of the public body<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The public is afforded the opportunity to comment through electronic means, including by way of written comments, at those public meetings when public comment is customarily received; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> No more than two members of the public body<\/span> are together in any one remote location unless that remote location is open to the public to physically access it; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If a closed session is held during an all-virtual public meeting<\/span>, transmission of the meeting to the public resumes before the public body<\/span> votes to certify the closed meeting<\/span> as required by subsection D of § 2.2-3712<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The public body<\/span> does not convene an all-virtual public meeting<\/span> (i) more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater, or (ii) consecutively with another all-virtual public meeting<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Minutes of all-virtual public meetings<\/span> held by electronic communication<\/span> means are taken as required by § 2.2-3707<\/a> and include the fact<\/span> that the meeting was held by electronic communication<\/span> means and the type of electronic communication<\/span> means by which the meeting was held. If a member’s participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Before a public body<\/span> uses all-virtual public meetings<\/span> as described in subsection C or allows members to use remote participation<\/span> as described in subsection B, the public body<\/span> shall at least once annually adopt a policy, by recorded vote at a public meeting, that shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation<\/span> or the matters that will be considered or voted on at the meeting. The policy shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Describe the circumstances under which an all-virtual public meeting<\/span> and remote participation<\/span> will be allowed and the process the public body<\/span> will use for making requests to use remote participation<\/span>, approving or denying such requests, and creating a record of such requests; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Fix the number of times remote participation<\/span> for personal matters or all-virtual public meetings<\/span> can be used per calendar year, not to exceed the limitations set forth in subdivisions B 4 and C 9.\n\t\t\t\tThe policy shall not prohibit or restrict any individual member of a public body<\/span> who is participating in an all-virtual meeting or who is using remote participation<\/span> from voting on matters before the public body<\/span>.\n\t\t\t\tAny public body<\/span> that creates a committee, subcommittee, or other entity however designated of the public body<\/span> to perform delegated functions of the public body<\/span> or to advise the public body<\/span> may also adopt a policy on behalf of its committee, subcommittee, or other entity that shall apply to the committee, subcommittee, or other entity’s use of individual remote participation<\/span> and all-virtual public meetings<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEETINGS HELD THROUGH ELECTRONIC COMMUNICATION MEANS; SITUATIONS OTHER THAN\nDECLARED STATES OF EMERGENCY (\u00a7 2.2-3708.3)\n\nA. Public bodies are encouraged to (i) provide public access, both in person and\nthrough electronic communication means, to public meetings and (ii) provide\navenues for public comment at public meetings when public comment is customarily\nreceived, which may include public comments made in person or by electronic\ncommunication means or other methods.\n\nB. Individual members of a public body may use remote participation instead of\nattending a public meeting in person if, in advance of the public meeting, the\npublic body has adopted a policy as described in subsection D and the member\nnotifies the public body chair that:\n\n 1. The member has a temporary or permanent disability or other medical\n condition that prevents the member’s physical attendance. For purposes\n of determining whether a quorum is physically assembled, an individual member\n of a public body who is a person with a disability as defined in §\n 51.5-40.1 and uses remote participation counts toward the quorum as if the\n individual was physically present;\n\n 2. A medical condition of a member of the member’s family requires the\n member to provide care that prevents the member’s physical attendance or\n the member is a caregiver who must provide care for a person with a disability\n at the time the public meeting is being held thereby preventing the\n member’s physical attendance. For purposes of determining whether a\n quorum is physically assembled, an individual member of a public body who is a\n caregiver for a person with a disability and uses remote participation counts\n toward the quorum as if the individual was physically present;\n\n 3. The member’s principal residence is more than 60 miles from the\n meeting location identified in the required notice for such meeting; or\n\n 4. The member is unable to attend the meeting due to a personal matter and\n identifies with specificity the nature of the personal matter. However, the\n member may not use remote participation due to personal matters more than two\n meetings per calendar year or 25 percent of the meetings held per calendar\n year rounded up to the next whole number, whichever is greater.\n \t\t\t\tIf participation by a member through electronic communication means is\n approved pursuant to this subsection, the public body holding the meeting\n shall record in its minutes the remote location from which the member\n participated; however, the remote location need not be open to the public and\n may be identified in the minutes by a general description. If participation is\n approved pursuant to subdivision 1 or 2, the public body shall also include in\n its minutes the fact that the member participated through electronic\n communication means due to a (i) temporary or permanent disability or other\n medical condition that prevented the member’s physical attendance or\n (ii) family member’s medical condition that required the member to\n provide care for such family member, thereby preventing the member’s\n physical attendance. If participation is approved pursuant to subdivision 3,\n the public body shall also include in its minutes the fact that the member\n participated through electronic communication means due to the distance\n between the member’s principal residence and the meeting location. If\n participation is approved pursuant to subdivision 4, the public body shall\n also include in its minutes the specific nature of the personal matter cited\n by the member.\n \t\t\t\tIf a member’s participation from a remote location pursuant to this\n subsection is disapproved because such participation would violate the policy\n adopted pursuant to subsection D, such disapproval shall be recorded in the\n minutes with specificity.\n\nC. With the exception of local governing bodies, local school boards, planning\ncommissions, architectural review boards, zoning appeals boards, and boards with\nthe authority to deny, revoke, or suspend a professional or occupational\nlicense, any public body may hold all-virtual public meetings, provided that the\npublic body follows the other requirements in this chapter for meetings, the\npublic body has adopted a policy as described in subsection D, and:\n\n 1. An indication of whether the meeting will be an in-person or all-virtual\n public meeting is included in the required meeting notice along with a\n statement notifying the public that the method by which a public body chooses\n to meet shall not be changed unless the public body provides a new meeting\n notice in accordance with the provisions of § 2.2-3707;\n\n 2. Public access to the all-virtual public meeting is provided via electronic\n communication means;\n\n 3. The electronic communication means used allows the public to hear all\n members of the public body participating in the all-virtual public meeting\n and, when audio-visual technology is available, to see the members of the\n public body as well. When audio-visual technology is available, a member of a\n public body shall, for purposes of a quorum, be considered absent from any\n portion of the meeting during which visual communication with the member is\n voluntarily disconnected or otherwise fails or during which audio\n communication involuntarily fails;\n\n 4. A phone number or other live contact information is provided to alert the\n public body if the audio or video transmission of the meeting provided by the\n public body fails, the public body monitors such designated means of\n communication during the meeting, and the public body takes a recess until\n public access is restored if the transmission fails for the public;\n\n 5. A copy of the proposed agenda and all agenda packets and, unless exempt,\n all materials furnished to members of a public body for a meeting is made\n available to the public in electronic format at the same time that such\n materials are provided to members of the public body;\n\n 6. The public is afforded the opportunity to comment through electronic means,\n including by way of written comments, at those public meetings when public\n comment is customarily received;\n\n 7. No more than two members of the public body are together in any one remote\n location unless that remote location is open to the public to physically\n access it;\n\n 8. If a closed session is held during an all-virtual public meeting,\n transmission of the meeting to the public resumes before the public body votes\n to certify the closed meeting as required by subsection D of § 2.2-3712;\n\n 9. The public body does not convene an all-virtual public meeting (i) more\n than two times per calendar year or 50 percent of the meetings held per\n calendar year rounded up to the next whole number, whichever is greater, or\n (ii) consecutively with another all-virtual public meeting; and\n\n 10. Minutes of all-virtual public meetings held by electronic communication\n means are taken as required by § 2.2-3707 and include the fact that the\n meeting was held by electronic communication means and the type of electronic\n communication means by which the meeting was held. If a member’s\n participation from a remote location pursuant to this subsection is\n disapproved because such participation would violate the policy adopted\n pursuant to subsection D, such disapproval shall be recorded in the minutes\n with specificity.\n\nD. Before a public body uses all-virtual public meetings as described in\nsubsection C or allows members to use remote participation as described in\nsubsection B, the public body shall at least once annually adopt a policy, by\nrecorded vote at a public meeting, that shall be applied strictly and uniformly,\nwithout exception, to the entire membership and without regard to the identity\nof the member requesting remote participation or the matters that will be\nconsidered or voted on at the meeting. The policy shall:\n\n 1. Describe the circumstances under which an all-virtual public meeting and\n remote participation will be allowed and the process the public body will use\n for making requests to use remote participation, approving or denying such\n requests, and creating a record of such requests; and\n\n 2. Fix the number of times remote participation for personal matters or\n all-virtual public meetings can be used per calendar year, not to exceed the\n limitations set forth in subdivisions B 4 and C 9.\n \t\t\t\tThe policy shall not prohibit or restrict any individual member of a\n public body who is participating in an all-virtual meeting or who is using\n remote participation from voting on matters before the public body.\n \t\t\t\tAny public body that creates a committee, subcommittee, or other entity\n however designated of the public body to perform delegated functions of the\n public body or to advise the public body may also adopt a policy on behalf of\n its committee, subcommittee, or other entity that shall apply to the\n committee, subcommittee, or other entity’s use of individual remote\n participation and all-virtual public meetings.\n\nHISTORY: 2022, c. 597; 2024, cc. 56, 129, 610, 617.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}