Title
Resolution to Amend and Re-Adopt an Electronic Meeting Policy for the Planning Commission
Purpose
PURPOSE/BACKGROUND:
Discussion:
The Code of Virginia authorizes the Planning Commission to establish a policy for remote participation in its hearings. A remote participation policy enables Planning Commissioners to fully participate in meetings electronically (i.e. via a video conferencing platform such as Zoom or Teams). The Planning Commission adopted such a policy on June 4, 2020. However, changes to the Code of Virginia require the Planning Commission to re-adopt the policy annually. This resolution serves to re-adopt the remote participation policy from June 4, 2020 and to update it to comply with changes in state code that have occurred since June 4, 2020.
Recommendation:
Rec
Adopt the resolution
Body
WHEREAS, the Virginia Freedom of Information Act (FOIA) authorizes individual members of a public body to use remote participation by electronic communication instead of attending a public meeting in person, if the public body has adopted a policy as described in Section 2.2-3708.3(D) of the Code of Virginia, as amended (Code of Virginia), and if a quorum of the public body is otherwise physically assembled; and
WHEREAS, the Planning Commission of the City of Hampton, Virginia (Planning Commission) previously adopted a remote participation policy by resolution dated June 4, 2020; however, the provisions of FOIA governing remote participation have been amended since that time, such amendments including, among other things, a new requirement that public bodies re-adopt their remote participation policy on an annual basis; and
WHEREAS, the Planning Commission believes it is in the best interest of the City’s residents that the fullest participation and attendance in all of its meetings be achieved whenever possible, even if individual commissioners are unable to be physically present and, therefore, desires to amend its remote participation policy for and in compliance with applicable FOIA requirements; and
WHEREAS, the Planning Commission acknowledges and understands that a remote participation policy adopted pursuant to Code of Virginia § 2.2-3708.3(D) must be applied strictly and uniformly, without exception, to the entire membership without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on during the meeting.
NOW THEREFORE, BE IT RESOLVED, in accordance with Section 2.2-3708.3(B) and (D) of the Code of Virginia, the Planning Commission of the City of Hampton, Virginia, hereby adopts the following policy allowing remote participation in a Planning Commission meeting by individual members, provided a quorum is otherwise physically assembled and all applicable criteria of the policy and the Code of Virginia are satisfied:
1. By no later than noon on the day of a Planning Commission meeting, a commissioner sends a written request for remote participation to the Chair of the Planning Commission and the staff liaisons from the Community Development Department and the City Attorney’s Office, stating either that:
(a) The commissioner has a temporary or permanent disability or other medical condition that prevents the commissioner’s physical attendance; or
(b) A medical condition of a member of the commissioner’s family requires the commissioner to provide care that prevents the commissioner’s physical attendance, or the commissioner is a caregiver who must provide care for a person with a disability at the time of the public meeting, thereby preventing the commissioner’s physical attendance; or
(c) The commissioner is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter.
2. For purposes of determining whether a quorum is physically assembled, a commissioner who uses remote participation either because the commissioner is a person with a disability or because the commissioner is the caregiver for a person with a disability, as defined in Code of Virginia § 51.5-40.1, counts toward the quorum as if the commissioner were physically present. Person with a disability is defined in Code of Virginia § 51.5-40.1 as “any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment.”
3. A commissioner may not use remote participation due to personal matters more than two meetings per calendar year.
4. Upon receipt of a timely request for remote participation, the liaison from the City Attorney’s Office will determine whether such request complies with the requirements of this policy and the applicable provisions of FOIA. If the request is compliant, the request for remote participation shall be deemed approved. If the request is not compliant, remote participation will not be permitted and the reasons for disapproval shall be recorded in the minutes with specificity.
5. If remote participation is approved in accordance with this policy, the Planning Commission shall record in its minutes the remote location from which the commissioner participated; however, the remote location need not be open to the public and may be identified in the minutes by a general description. The minutes should also reflect the applicable justification for remote participation as prescribed in Paragraph 1. For remote participation pursuant to subparagraphs (a) and (b), the minutes need not disclose the nature of the medical condition or disability or the name of the person to whom the commissioner provides care, if applicable. However, for remote participation pursuant to subparagraph (c), the minutes shall include the specific nature of the personal matter cited by the commissioner.
6. The Planning Commission shall make arrangements for the voice of the commissioner participating by electronic communication to be heard by all persons in attendance at the primary meeting location.
7. This resolution shall take effect immediately upon its adoption.
Adopted at the Meeting of the Planning Commission of the City of Hampton, Virginia, held on June ___, 2025.