Section 2.2-3708.2 - Meetings held through electronic communication means during declared states of emergencyAny public body, or any joint meetings thereof, 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 or the locality in which the public body is located has declared a local state of emergency pursuant to § 44-146.21, provided that (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 provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities. The public body convening a meeting in accordance with this section shall:
1. Give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided to members of the public body conducting the meeting;2. Make arrangements for public access to such meeting through electronic communication means, including videoconferencing if already used by the public body;3. Provide the public with the opportunity to comment at those meetings of the public body when public comment is customarily received; and4. Otherwise comply with the provisions of this chapter. 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.
The provisions of this section shall be applicable only for the duration of the emergency declared pursuant to § 44-146.17 or 44-146.21.
Nothing herein shall be deemed to invalidate any action taken at a meeting held by a public body using electronic communication means that occurred between March 20, 2020, and July 1, 2021, if such public body provided public notice, public access, and public comment commensurate with the requirements of this section and §§ 2.2-3710, 2.2-3711, and 2.2-3712.
2018, cc. 55, 56; 2019, c. 359; 2021SP1, cc. 33, 490; 2022, c. 597; 2024, cc. 305, 344.Amended by Acts 2024 c. 344,§ 1, eff. 7/1/2024.Amended by Acts 2024 c. 305,§ 1, eff. 7/1/2024.Amended by Acts 2022 c. 597,§ 1, eff. 9/1/2022.Amended by Acts 2021SP1 c. 490,§ 1, eff. 7/1/2021.Amended by Acts 2021SP1 c. 33,§ 1, eff. 7/1/2021.Amended by Acts 2019 c. 359, § 1, eff. 7/1/2019.Added by Acts 2018 c. 55, § 1, eff. 7/1/2018. Acts 2024 c. 305,§ 1, and Acts 2024 c. 344,§ 1, provide that: "The provisions of § 2.2-3708.2 of the Code of Virginia, as amended by this act, are declarative of existing law since March 20, 2020, with respect to the Governor's declared state of emergency due to COVID-19. For any meeting by a public body using electronic communication means occurring from that date until July 1, 2021, the meeting and any otherwise lawful action taken at it is hereby validated with respect to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia, as amended by this act) if the body provided public notice, public access, and public comment commensurate with the requirements of § 2.2-3708.2 of the Code of Virginia, as amended by this act, and §§ 2.2-3710, 2.2-3711, and 2.2-3712 of the Code of Virginia."