The Reporters’ Guide to the FOIA in Virginia • The member must notify the chair of the body of the emergency or personal matter, and the specific nature of the emergency or personal matter must be noted in the meeting minutes. A majority of the members present must approve the participation and the remote location of the member. Such participation is limited each year to two meetings or 25 percent of the total number of meetings, whichever is fewer. • A member with a temporary or permanent disability, or other medical condition preventing attendance, may ask to participate electronically. The public body must record this fact, as well as the remote location of the member. • A member whose primary residence is more than 60 miles from the meeting location may ask to participate electronically. The body must approve the participation and note the member’s location. Participation through electronic means is allowable only if a quorum of the public body is physically assembled at the meeting location, and arrangements are made for the voice of the member to be heard by everyone at the meeting location. The General Assembly in 2013 allowed an advisory public body or any committee, subcommittee or other entity of a state public body created to advise that public body, to meet electronically, under certain conditions, without a quorum physically assembled at one location [§ 2.2-3708 (H)]. This section of the code expires July 1, 2014. • The meeting is conducted using a combined audio and visual communication method. • The primary or central meeting location is established and identified in the notice. • Remote locations are open to the public and are identified in the notice. • All persons attending any of the meeting locations are afforded the same opportunity to address the advisory public body as those at the primary or central location. • All other provisions of this section are met. What are the procedures for holding closed sessions? The FOIA never requires a closed meeting. When a governing body believes one is justified, the Act details the precise steps to be taken to hold a closed session lawfully [§ 2.2-3712]. Failure to take any one of the steps is a violation.
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