7737522.2-3708Virginia Decodedhttps://vacode.org2016Administration Of GovernmentAdministration Of State GovernmentTransaction Of Public BusinessVirginia Freedom Of Information ActElectronic communication meetings; applicability; physical quorum required; exceptions; notice; report1984, 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; 2007, cc. 512, 945; 2008, cc. 233, 789; 2013, c. 694.Beck v. Shelton030723593 S.E.2d 1952004-03-05https://www.courtlistener.com/opinion/1059128/beck-v-shelton/ . . . constitutes a "meeting" under FOIA. Code § 2.2-3708 provides that . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Hill v. Fairfax County School Bd.111805727 S.E.2d 752012-06-07https://www.courtlistener.com/opinion/1057870/hill-v-fairfax-county-school-bd/ . . . improper closed meeting in violation of Code § 2.2-3708. We disagree. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/2.2-3708/2.2-3707Meetings to be public; notice of meetings; recordings; minutes/2.2-3707/2.2-3707.01Meetings of the General Assembly/2.2-3707.01/2.2-3708.1Participation in meetings in event of emergency or personal matter; certain disabilities; distance from meeting location for certain public bodies/2.2-3708.1/44-146.17Powers and duties of Governor/44-146.17//2.2-3708/2.2/II/B/37/2.2-370810.1-1322.012.2-24552.2-37012.2-37072.2-3707.012.2-371423-2.0123-50.16:3223.1-242533.2-191262.1-44.15:02Except as expressly provided in subsection G of this section or § 2.2-3708.1, no local governing body, school board, or any authority, board, bureau, commission, district or agency of local government, any committee thereof, or any entity created by a local governing body, school board, or any local authority, board, or commission shall 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.sectionAA1Except as provided in subsection G or H of this section or subsection D of § 2.2-3707.01, state public bodies may conduct any meeting wherein the public business is discussed or transacted through electronic communication means, provided (i) a quorum of the public body is physically assembled at one primary or central meeting location, (ii) notice of the meeting has been given in accordance with subsection C, and (iii) the remote locations, from which additional members of the public body participate through electronic communication means, are open 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.If an authorized public body holds an electronic meeting pursuant to this section, it shall also hold at least one meeting annually where members in attendance at the meeting are physically assembled at one location and where no members participate by electronic communication means.sectionBB1Notice of any meetings held pursuant to this section shall be provided at least three 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 telephone number that may be used at remote locations to notify the primary or central meeting location of any interruption in the telephonic or video broadcast of the meeting to the remote locations. 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.sectionCC1Agenda packets and, unless exempt, all 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 electronic communication means shall be recorded as required by § 2.2-3707. Votes taken during any meeting conducted through electronic communication means shall be recorded by name in roll-call fashion and included in the minutes.sectionDD1Any authorized public body that meets by electronic communication means shall make a written report of the following to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science by December 15 of each year:sectionFF1 The total number of electronic communication meetings held that year;sectionF1F12 The dates and purposes of the meetings;sectionF2F22 A copy of the agenda for the meeting;sectionF3F32 The number of sites for each meeting;sectionF4F42 The types of electronic communication means by which the meetings were held;sectionF5F52 The number of participants, including members of the public, at each meeting location;sectionF6F62 The identity of the members of the public body recorded as absent and those recorded as present at each meeting location;sectionF7F72 A summary of any public comment received about the electronic communication meetings; andsectionF8F82Any public body may meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17, provided (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address the emergency. The public body convening a meeting in accordance with this subsection shall (a) give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided members of the public body conducting the meeting; (b) make arrangements for public access to such meeting; and (c) otherwise comply with the provisions of this section. The nature of the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes.sectionGG1