Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-1512.4:1 as follows:

§15.2-1512.4:1. Rights of local government employees to express opinions.

A. For the purposes of this section, "employee of a locality" does not include any person appointed to a position in a locality by an elected official or by a government body composed in whole or in part of elected officials.

B. An employee of a locality shall not be penalized by his employer for expressing his opinion regarding a current or proposed regulation, rule, policy, position, or other action or purpose of a public body, as defined in §2.2-3701, at an open meeting of such public body during the time designated for public comment when such employee is speaking on his own behalf as a member of the public. Nothing in this section shall be construed to allow any speech that is unprotected under the First Amendment to the Constitution of the United States, including speech that (i) incites violence; (ii) is obscene, defamatory, or fraudulent; or (iii) discloses privileged and confidential information.