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1998 SESSION


CHAPTER 839
An Act to amend the Code of Virginia by adding a section numbered 2.1-343.1:1, relating to the Virginia Freedom of Information Act; meetings of Board of Visitors of the University of Virginia.
[H 659]
Approved April 22, 1998

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.1-343.1:1 as follows:

§ 2.1-343.1:1. 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, where (i) at least two-thirds of the membership of such board or its committees is physically assembled at its regular or primary location, (ii) any such meeting is duly convened with advance public notice in accordance with § 2.1-343, and (iii) a speaker phone is provided where at least two-thirds of such membership is physically present. No more than twenty-five percent of all meetings held annually by such board or its committee, including meetings of any ad hoc committees, may be held by telephonic or video means.

B. Where at least two-thirds 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 provided the public is permitted to hear and observe such participation. 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.

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 § 2.1-343.1, provided such board or its committees comply with the provisions of subsection D of § 2.1-343.1, 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.

2. That the provisions of this act shall expire on July 1, 2000. From July 1, 1998, to July 1, 2000, the Board of Visitors of the University of Virginia shall record the date and name of each board or committee meeting held pursuant to this chapter and, for each meeting, record the name of each board member who participates by video or telephone. The Board of Visitors also shall record any complaints about telephonic or video participation at meetings expressed by board members, members of the public, or members of the media. No later than January 1, 2000, the Board shall provide the Secretary of Education and the General Assembly a written report containing the information required to be recorded as well as a narrative summary of the positive and negative experiences of employing telephonic and video meetings.