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2004 SESSION
045938424Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-3708, 2.2-3709, and 23-50.16:32 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-3708. Electronic communication meetings.
A. It shall be a violation of this chapter for any political subdivision or any
governing body, authority, board, bureau, commission, district or agency of local government or
any committee thereof to conduct a meeting wherein the public business is
discussed or transacted through telephonic, video, electronic or other communication means
where the members are not physically assembled. Nothing in this section shall be construed
to prohibit the use of interactive audio or video means to expand public
participation.
B. For purposes of this section, "public body" means any public body of the
Commonwealth, but excludes any political subdivision or any governing body,
authority, board, bureau, commission, district or agency of local government.
State public Public bodies may conduct any meeting, except closed meetings
held pursuant to § 2.2-3711, wherein the public business is discussed or
transacted through telephonic or video means. Where a quorum of a public body
of the Commonwealth is physically assembled at one location for the
purpose of conducting a meeting authorized under this section, additional members of
such public body may participate in the meeting through telephonic means
provided such participation is available to the public.
C. B. Notice of any meetings held pursuant to this section shall be provided at
least 30 days in advance of the date scheduled for the meeting. The notice shall include the date,
time, place and purpose for the meeting and shall identify the locations for
the meeting. All locations for the meeting shall be made accessible to the
public. All persons attending the meeting at any of the meeting locations shall
be afforded the same opportunity to address the public body as persons
attending the primary or central location. Any interruption in the telephonic
or video broadcast of the meeting shall result in the suspension of action at
the meeting until repairs are made and public access restored.
Thirty-day notice shall not be required for telephonic or video meetings
continued to address an emergency as provided in subsection F E or to conclude
the agenda of a telephonic or video meeting of the public body for which the proper notice has been
given, when the date, time, place and purpose of the continued meeting are set during the meeting
prior to adjournment.
The public body shall provide the Virginia Information Technologies Agency with notice of all public meetings held through telephonic or video means pursuant to this section.
D. C. An agenda and materials that will be distributed to members of the public
body and that have been made available to the staff of the public body in sufficient time for
duplication and forwarding to all locations where public access will be
provided shall be made available to the public at the time of the meeting.
Minutes of all meetings held by telephonic or video means shall be recorded as
required by § 2.2-3707. Votes taken during any meeting conducted through
telephonic or video means shall be recorded by name in roll-call fashion and
included in the minutes. In addition, the public body shall make an audio
recording of the meeting, if a telephonic medium is used, or an audio/visual
recording, if the meeting is held by video means. The recording shall be
preserved by the public body for a period of three years following the date of
the meeting and shall be available to the public.
E. D. No more than 25 percent of all meetings held annually by a public body,
including meetings of any ad hoc or standing committees, may be held by
telephonic or video means. Any public body that meets by telephonic or video
means shall file with the Virginia Information Technologies Agency by July 1 of
each year a statement identifying the total number of meetings held during the
preceding fiscal year, the dates on which the meetings were held and the number
and purpose of those conducted through telephonic or video means.
F. E. Notwithstanding the limitations imposed by subsection E D, a public body
may meet by telephonic or video means as often as needed if an emergency exists
and the public body is unable to meet in regular session. Public bodies
conducting emergency meetings through telephonic or video means shall comply
with the provisions of subsection D C requiring minutes, recordation and
preservation of the audio or audio/visual recording of the meeting. The nature of the emergency shall
be stated in the minutes.
§ 2.2-3709. (Effective until July 1, 2005) Meetings of Board of Visitors of the University of Virginia.
A. Members of the Board of Visitors of the University of Virginia may participate by video, telephone, or video and telephone at their meetings or meetings of their committees, including closed meetings convened in accordance with the procedures of § 2.2-3712, where (i) at least a quorum of such board or its committees is physically assembled at its regular, primary location or other location, (ii) any such meeting is duly convened with advance public notice in accordance with § 2.2-3707, including advance public notice of the location of the physically assembled quorum, and (iii) a speaker phone is provided at the location where the quorum of such membership is physically present.
No more than 25 percent of all meetings held annually by such board or its committees, including meetings of any ad hoc committees, may be held by telephonic or video means.
B. When the required quorum of such board or its committees is physically assembled at one location for the purpose of conducting a meeting authorized under this section, additional members of such board or its committees may participate in the meeting through telephonic means if the public is permitted to hear such participation during any open meeting. Any interruption in the telephonic or video broadcast of the meeting shall result in the suspension of action at the open meeting until repairs are made and public access is restored.
C. Except as otherwise provided in this section, all meetings shall be
conducted in accordance with this chapter. Any meeting conducted pursuant to
this section shall not be considered an "electronic communication meeting" for
purposes of § 2.2-3708; however, such board or its committees shall comply with
the provisions of subsection D C of § 2.2-3708, requiring minutes, recordation
and preservation of the audio or audio/visual recording of the meeting. Votes taken by those participating
by telephone or video shall also be publicly recorded by name in roll-call fashion and shall be included
in the minutes, which shall be approved by such board or its committees in
public session.
§ 23-50.16:32. Confidential and public information.
A. The Authority shall be subject to the provisions of the Freedom of Information Act (§ 2.2-3700 et seq.), which shall include the exclusions set forth in subdivision 60 of subsection A of § 2.2-3705 and subdivision 24 of subsection A of § 2.2-3711.
B. For purposes of the Freedom of Information Act (§ 2.2-3700 et seq.),
meetings of the Board shall not be considered meetings of the Board of Visitors
of the University. Meetings of the Board may be conducted through telephonic or
video means as provided in subsections C B through F E of § 2.2-3708 or similar
provisions of any successor law.