Bill Text: VA HB698 | 2016 | Regular Session | Prefiled
Bill Title: Virginia Freedom of Information Act; right to speak at open meetings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-16 - Left in General Laws [HB698 Detail]
Download: Virginia-2016-HB698-Prefiled.html
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16102577D Be it enacted by the General Assembly of Virginia: 1. That §§2.2-3707 and 23-2.02 of the Code of Virginia are amended and reenacted as follows: §2.2-3707. Meetings to be public; notice of meetings; recordings; minutes. A. All meetings of public bodies shall be open, except as provided in §§2.2-3707.01 and 2.2-3711. B. No meeting shall be conducted through telephonic, video, electronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in § 2.2-3708, 2.2-3708.1 or as may be specifically provided in Title 54.1 for the summary suspension of professional licenses. C. Every public body shall give notice of the date, time, and
location of its meetings by placing the notice in a prominent public location
at which notices are regularly posted and in the office of the clerk of the
public body, or in the case of a public body that has no clerk, in the office
of the chief administrator. All state public bodies subject to the provisions
of this chapter shall also post notice of their meetings on their websites and
on the electronic calendar maintained by the Virginia Information Technologies
Agency commonly known as the Commonwealth Calendar. Publication of meeting
notices by electronic means by other public bodies shall be encouraged. The
notice shall be posted at least three working days prior to the meeting. D. Notice, reasonable under the circumstance, of special or emergency meetings shall be given contemporaneously with the notice provided members of the public body conducting the meeting. E. Any person may annually file a written request for notification with a public body. The request shall include the requester's name, address, zip code, daytime telephone number, electronic mail address, if available, and organization, if any. The public body receiving such request shall provide notice of all meetings directly to each such person. Without objection by the person, the public body may provide electronic notice of all meetings in response to such requests. F. At least one copy of all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to the members of the public body. G. The notice provisions of this chapter shall not apply to informal meetings or gatherings of the members of the General Assembly. H. Every public body shall afford an opportunity for public comment during any open meeting. A public body may adopt reasonable rules governing the public comment portion of the meeting, including imposing reasonable restrictions on the time, place, and manner of public comment. I. Any person may photograph, film, record or otherwise reproduce any portion of a meeting required to be open. The public body conducting the meeting may adopt rules governing the placement and use of equipment necessary for broadcasting, photographing, filming or recording a meeting to prevent interference with the proceedings, but shall not prohibit or otherwise prevent any person from photographing, filming, recording, or otherwise reproducing any portion of a meeting required to be open. No public body shall conduct a meeting required to be open in any building or facility where such recording devices are prohibited.
Minutes, including draft minutes, and all other records of open meetings, including audio or audio/visual records shall be deemed public records and subject to the provisions of this chapter. Minutes shall be in writing and shall include (i) the date, time, and location of the meeting; (ii) the members of the public body recorded as present and absent; and (iii) a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. In addition, for electronic communication meetings conducted in accordance with §2.2-3708, minutes of state public bodies shall include (a) the identity of the members of the public body at each remote location identified in the notice who participated in the meeting through electronic communications means, (b) the identity of the members of the public body who were physically assembled at the primary or central meeting location, and (c) the identity of the members of the public body who were not present at the locations identified in clauses (a) and (b), but who monitored such meeting through electronic communications means. §23-2.02. Boards of visitors; bylaws. The board of visitors of each public institution of higher education and the State Board for Community Colleges shall adopt bylaws for its own governance. This document shall be posted conspicuously on the board's website and shall include provisions that: 1. Establish the requirement of transparency, to the extent required by law, in all board actions; 2. Describe the board's obligations under the Virginia Freedom of Information Act (§2.2-3700 et seq.), as set forth in §23-2.01, including the requirements that: a. The board shall record minutes of each open meeting and
post the minutes on the board's website, in accordance with subsection b. Discussions and actions on any topic not specifically exempted by §2.2-3711 shall be held in an open meeting; c. The board shall give public notice of all meetings, in accordance with subsection C of §2.2-3707; and d. Any official action taken in a closed meeting shall be approved in an open meeting before it can have any force or effect, in accordance with subsection B of §2.2-3711; and 3. Require that the board notify and invite the Attorney General's appointee or representative to all meetings of the board, executive committee, and board committees. |
