                                 CODE OF VIRGINIA

MEETINGS HELD THROUGH ELECTRONIC COMMUNICATION MEANS; SITUATIONS OTHER THAN
DECLARED STATES OF EMERGENCY (§ 2.2-3708.3)

A. 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.

B. 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:

   1. The member has a temporary or permanent disability or other medical
   condition that prevents the member&#8217;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 &#xA7;
   51.5-40.1 and uses remote participation counts toward the quorum as if the
   individual was physically present;

   2. A medical condition of a member of the member&#8217;s family requires the
   member to provide care that prevents the member&#8217;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&#8217;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. The member&#8217;s principal residence is more than 60 miles from the
   meeting location identified in the required notice for such meeting; or

   4. 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.
   				If 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&#8217;s physical attendance or
   (ii) family member&#8217;s medical condition that required the member to
   provide care for such family member, thereby preventing the member&#8217;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&#8217;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.
   				If a member&#8217;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. 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:

   1. 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 &#xA7; 2.2-3707;

   2. Public access to the all-virtual public meeting is provided via electronic
   communication means;

   3. 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;

   4. 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;

   5. 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;

   6. 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;

   7. 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;

   8. 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 &#xA7; 2.2-3712;

   9. 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

   10. Minutes of all-virtual public meetings held by electronic communication
   means are taken as required by &#xA7; 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&#8217;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. 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:

   1. 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

   2. 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.
   				The 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.
   				Any 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&#8217;s use of individual remote
   participation and all-virtual public meetings.

HISTORY: 2022, c. 597; 2024, cc. 56, 129, 610, 617.