The following includes secondary and older resources. They are provided here for reference purposes. Visit VML’s COVID-19 Resources main page to view only the primary resources.
Use the links below to jump to each topic:
- 2020 Budget amendments related to FOIA and electronic meetings
- Local Government Attorneys of Virginia (LGA):
- Committee Report on Electronic Meetings (March 24, 2020)
- Virginia Freedom of Information Advisory Council:
- Electronic Meetings under the Virginia Freedom of Information Act and Coronavirus (March 13, 2020)
- Electronic Meetings Under FOIA
- How are local councils meeting? Examples from the City of Williamsburg:
- Virtual Council Meetings website
- An Ordinance to Establish Emergency Procedures for the Continuity and Operation of the Government
- City Council Agenda Item Summary (used to adopt the above ordinance)
- Correspondence:
- Letter from Senator Richard H. Stuart (Senate District 28) – Chair, Virginia Freedom of Information Advisory Council to the Honorable Governor Ralph S. Northam (March 19, 2020)
- Letter from Attorney General Mark Herring to Delegate Richard (Rip) Sullivan, Member of the Virginia House of Delegates in response to Delegate Sullivan’s request for clarification on electronic meetings (March 20)
- Letter from Ohio Attorney General Dave Yost to Ohio’s local leaders outlining electronic meeting guidelines in that state. (Virginia’s leaders may find the information helpful as well.)
- Additional Resources:
- VML Video Streaming Resource Recommendations
- Electronic Participation Policy (Sample doc that can be used as a template for your own policy)
- Contingency planning steps for local governments
- COVID-19: In-Person Meetings Impossible? Here’s How to Engage Residents Online article by Matt Fulton from Polco/NRC about using online surveys to engage citizens.
2020 Budget amendments related to FOIA and electronic meetings: The amendments to HB29 and HB30 allow public bodies to meet by electronic communications during a declared emergency that makes it impracticable or unsafe for the public body or governing board to assemble in a single location and when the purpose of meeting is to discuss or transact the business statutorily required or necessary to continue operations of the public body.
Per the amendments:
- Notice of the meeting has to be given.
- A recording or transcript of the meeting has to be made available (localities will want to double check with their counsel on the timing).
- Further, arrangements have to be made for public access through electronic means and the minutes have to state that the meeting was held electronically.
Local Government Attorneys of Virginia (LGA): Committee Report on Electronic Meetings (March 24, 2020)
The report includes:
- Checklist for holding completely electronic public meetings and ensuring public access
- Model ordinance and resolution that mirror what some localities have already put into place.
- Appended example of declaration of emergency (from Albemarle County) which may be helpful to those localities who have not yet declared one.
Please be aware that while the report uses the recent opinion from Attorney General Herring as a roadmap, you should continue to consult with your legal advisor as you move forward with meetings.
Additional Resources:
VML Video Streaming Resource Recommendations
Electronic Participation Policy (Sample doc that can be used as a template for your own policy)
Contingency planning steps for local governments
COVID-19: In-Person Meetings Impossible? Here’s How to Engage Residents Online article by Matt Fulton from Polco/NRC about using online surveys to engage citizens.
Virginia Freedom of Information Advisory Council:
- Electronic Meetings under the Virginia Freedom of Information Act and Coronavirus (March 13, 2020)
- Electronic Meetings Under FOIA
How are local councils meeting? Examples from the City of Williamsburg:
- Virtual Council Meetings website
- An Ordinance to Establish Emergency Procedures for the Continuity and Operation of the Government
- City Council Agenda Item Summary (used to adopt the above ordinance)
Correspondence:
- RE: Electronic Meetings under the Virginia Freedom of Information Act and the Novel Coronavirus (COVID-19) State of Emergency
- Excerpt: The limitation that “the purpose of the meeting is to address the emergency” does not appear to allow for the conduct of other business necessary to ensure the continuity of government and essential government services, such as consideration of the annual budget for a locality.
Letter from Attorney General Mark Herring to Delegate Richard (Rip) Sullivan, Member of the Virginia House of Delegates in response to Delegate Sullivan’s request for clarification on electronic meetings, including:
- Does Virginia Code § 2.2-3708.2(A)(3) permit public bodies (including local government bodies) to hold meetings solely by electronic communication during the period of the declared emergency?
- Does Virginia Code § 44-146.21 allow local governing bodies, upon declaration of a state of emergency, to hold their meetings solely by electronic communication during the pendency of the emergency?
- If the foregoing statutes do not allow solely electronic meetings of local governing bodies, how can the continuity of government provided by such meetings be ensured under Virginia law?
Note – This letter was sent March 20, 2020.
Letter from Ohio Attorney General Dave Yost to Ohio’s local leaders outlining electronic meeting guidelines in that state. (Virginia’s leaders may find the information helpful as well.)
