2.2-3708.1 - Participation in meetings in event of emergency; certain disabilities; distance from meeting location for certain public bodies.

§ 2.2-3708.1. Participation in meetings in event of emergency; certaindisabilities; distance from meeting location for certain public bodies.

A. A member of a public body may participate in a meeting governed by thischapter through electronic communication means from a remote location that isnot open to the public only as follows and subject to the requirements ofsubsection B:

1. If, on the day of a meeting, a member of the public body holding themeeting notifies the chair of the public body that such member is unable toattend the meeting due to an emergency and identifies with specificity thenature of the emergency, and the public body holding the meeting (a) approvessuch member's participation by a majority vote of the members present and (b)records in its minutes the specific nature of the emergency and the remotelocation from which the member participated.

Such participation by the member shall be limited each calendar year to twomeetings or 25 percent of the meetings of the public body, whichever is fewer;

2. If a member of a public body notifies the chair of the public body thatsuch member is unable to attend a meeting due to a temporary or permanentdisability or other medical condition that prevents the member's physicalattendance and the public body records this fact and the remote location fromwhich the member participated in its minutes; or

3. If, on the day of a meeting, a member of a regional public body notifiesthe chair of the public body that such member's principal residence is morethan 60 miles from the meeting location identified in the required notice forsuch meeting and the public body holding the meeting (a) approves suchmember's participation by a majority vote of the members present and (b)records in its minutes the remote location from which the member participated.

B. Participation by a member of a public body as authorized under subsectionA shall be only under the following conditions:

1. A quorum of the public body is physically assembled at the primary orcentral meeting location; and

2. The public body makes arrangements for the voice of the remote participantto be heard by all persons at the primary or central meeting location.

(2007, c. 945.)