Virginia Joint Commission on Technology and Science, Electronic Medical Records Advisory Committee
JCOTS was established by the General Assembly in 1997 to…“…study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto…

The Commonwealth of Virginia's Innovative Technology Symposium
Virginia's premier annual event for the community of technology thought leaders from state and local government, business, and academia.

Virginia Joint Commission on Health Care
Meetings of the Joint Commission on Health Care and its Subcommittees are held in the General Assembly Building, located at Ninth and Broad Streets in Richmond, Virginia.

Multi-State (Southern Governor’s Association)
Founded in 1934, SGA is the oldest and historically the largest of the regional governors' associations. Since its inception, SGA has represented the common interests of Southern states' chief executives and provided a vehicle for promoting them.

Healthcare Information, Federal Updates
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Innovations in Health Information Technology (PDF)
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The Virginia State and Local Government Conflict of Interest Act (COIA) Responsibilities (PDF) | Word
The Virginia General Assembly enacted this State and Local Conflicts of Interests Act so that the standards of conduct for such officers and employees may be uniform throughout the Commonwealth.

The Virginia Freedom of Information Act (FOIA) Rights and Responsibilities (PDF) | Word

Frequently Asked Questions About the Virginia Freedom of Information Act Compiled from the Reference Materials of the Virginia Freedom of Information Advisory Council*

1. WHAT IS A MEETING UNDER FOIA?
A “meeting” is defined as "meetings including work sessions, when sitting physically, or through telephonic or video equipment pursuant to § 2.2-3708, as a body or entity, or as an informal assemblage of (i) as many as three members or (ii) a quorum, if less than three, of the constituent membership, wherever held, with or without minutes being taken, whether or not votes are cast, of any public body where the business of the public body is being discussed or transacted."

2. WHAT IS NOT A MEETING UNDER FOIA?
• The gathering of employees of a public body;
• The gathering or attendance of two or more members of a public body at any place or function where no part of the purpose of such gathering or attendance is the discussion or transaction of any public business, the gathering or attendance was not called or prearranged with any purpose of discussing or transacting any business of the public body and the public business is not discussed; or
• The gathering or attendance of two or more members of a public body at a public forum, candidate appearance, or debate, the purpose of which is to inform the electorate and not to transact public business or to hold discussions relating to the transaction of public business, even though the performance of the members individually or collectively in the conduct of public business may be a topic of discussion or debate at such public meeting.

3. IF IT IS A MEETING, WHAT DOES FOIA REQUIRE?
• If it is a meeting under FOIA, the law requires that:
• Notice of the meeting be given;
• The meeting must be open to the public; and
• Minutes of the meeting must be taken and preserved.

4. WHAT IS SUFFICIENT NOTICE?
Notice must contain the date, time, and location of the meeting. It is also helpful (but not required) to include the agenda for the meeting to inform the public generally of what topics will be discussed at the meeting. If a state public body includes at least one member appointed by the Governor, the notice must also indicate whether or not public comment will be received at the meeting and, if so, the approximate point during the meeting when public comment will be received.

5. WHERE TO POST THE NOTICE?
• FOIA requires that notice be posted in two physical locations:
• 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.
Publication of meeting notices by electronic means is encouraged. NOTE: Electronic posting must be in addition to the physical posting discussed above.

6. WHEN TO POST THE NOTICE?
For regular meetings: The notice must be posted at least three working days prior to the meeting.
For special or emergency meetings: Notice, reasonable under the circumstance, of special or emergency meetings must be given at the same time as the notice provided members of the public body conducting the meeting. FOIA defines an emergency as "an unforeseen circumstance rendering the notice required by FOIA impossible or impracticable and which circumstance requires immediate action."

7. WHEN MUST AGENDA MATERIALS BE AVAILABLE TO THE PUBLIC/MEDIA?
At least one copy of all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting must be made available for public inspection at the same time the packets or materials are furnished to the members of the public body.

8. IS THERE AN AFFIRMATIVE OBLIGATION TO POST MINUTES?
Yes, but only for state agencies in the executive branch. All boards, commissions, councils, and other public bodies created in the executive branch of state government and subject to FOIA must post minutes of their meetings on the Internet. Draft minutes of meetings must be posted as soon as possible but no later than ten working days after the conclusion of the meeting. Final approved meeting minutes must be posted within three working days of final approval of the minutes.

9. MUST ALL VOTES OF A PUBLIC BODY TAKE PLACE IN AN OPEN MEETING?
Yes. Any and all votes taken to authorize the transaction of any public business must be taken and recorded in an open meeting. A public body may not vote by secret or written ballot.

10. IS IT A FOIA VIOLATION TO POLL MEMBERS OF A PUBLIC BODY?
No. Nothing in FOIA prohibits separately contacting the membership, or any part thereof, of any public body for the purpose of ascertaining a member's position with respect to the transaction of public business. Such contact may be done in person, by telephone or by electronic communication, provided the contact is done on a basis that does not constitute a meeting as defined in FOIA.

11. WHO MAY HOLD AN ELECTRONIC MEETING?
Only public bodies of the Commonwealth may hold an electronic meeting. Political subdivisions and governing bodies, boards, bureaus, commissions, districts or agencies of local government are prohibited from holding an electronic meeting.

12. MUST A QUORUM BE PHYSICALLY ASSEMBLED AT ONE LOCATION?
Yes. If a quorum of a public body is physically assembled at one location, additional members of the public body may participate through electronic means from remote sites.

13. WHAT KIND OF ELECTRONIC MEETINGS ARE ALLOWED UNDER § 2.2-3708?
For purposes of this section, an electronic meeting is a gathering where members of a public body discuss or transact public business through any audio or combined audio and visual communication means.

14. DO ALL OF THE SITES FOR THE MEETING NEED TO BE OPEN TO THE PUBLIC?
Yes. Any site from which a member of the public body participates must be open to the public. If public comment is received during the meeting, members of the public attending the meeting at the remote sites must be given the same opportunity to address the public body as members of the public at the primary site of the meeting.

15. WHEN MUST NOTICE BE POSTED?
Notice must be given at least 7 working days in advance of the electronic meeting.

16. WHERE MUST NOTICE BE POSTED?
At a minimum, notice must be posted in two physical locations as well as provided individually to those who have requested to receive notice of all meetings of the public body, in accordance with the requirements for meetings at § 2.2-3707. Notice must also be posted on the state agency's website.

17. WHAT INFORMATION MUST BE IN THE NOTICE?
The notice must include the date, time, purpose and ALL locations of the meeting and shall include a telephone number that may be used at remote locations to notify the primary or central meeting location of any interruption in the telephonic or video broadcast of the meeting to the remote locations. If a public body includes a member appointed by the Governor, the notice must also state whether or not public comment will be received at the meeting, and if so, the approximate point during the meeting when public comment will be received.

18. WHEN IS SEVEN (7) WORKING DAYS NOTICE IS NOT REQUIRED?
For emergency and continued meetings. If an electronic meeting is being held to address an emergency, and the public body is not able to meet at a regular session where all of the members are physically assembled, seven days notice is not required. The nature of the emergency causing the electronic meeting to be held with less than seven days notice must be stated in the minutes. Notice must be given to the public contemporaneously with the notice given to the Public body. If proper notice has been provided for an electronic meeting, but the meeting must be continued to conclude the agenda, seven days notice is not required for the continued portion of the meeting so long as the date, time, place and purpose of the continued meeting are set during the meeting prior to adjournment.

19. MUST AN AGENDA AND MATERIALS BE MADE AVAILABLE AT EACH MEETING SITE?
Yes. An agenda and any materials that will be distributed to members of a public body must be forwarded to all locations of the meeting and made available to the public, provided that the materials were made available to staff of the public body in sufficient time for duplication and forwarding to the meeting locations. Again, as noted above, all locations for the meeting shall be made accessible to the public. All persons attending the meeting at any of the meeting locations shall be afforded the same opportunity to address the public body as persons attending the primary or central location.

20. ARE MINUTES REQUIRED TO BE TAKEN?
Yes. Minutes must be kept in the same manner as required for regular meetings. In addition, for electronic communication meetings, minutes must include (i) 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, (ii) the identity of the members of the public body who were physically assembled at the primary or central meeting location, and (iii) the identity of the members of the public body who were not present at the locations identified in clauses (i) and (ii), but who monitored such meeting through electronic communications means.

21. CAN VOTES BE TAKEN DURING AN ELECTRONIC MEETING?
Yes. Votes must be recorded by name in a roll-call fashion, and must be included in the minutes of the meeting.

22. CAN A PUBLIC BODY HOLD A CLOSED ELECTRONIC MEETING?
Yes. Section 2.2-3708 allows public bodies to hold closed meetings in this manner provided the requirements for closing a meeting are followed.

23. HOW OFTEN CAN A PUBLIC BODY MEET ELECTRONICALLY?
There is no limitation on the number of meetings that may be conducted in this manner; except that if a public body holds an electronic meeting, the public body shall also hold at least one meeting annually where members in attendance at the meeting are physically assembled at one location and where no members participate by electronic communication means.

24. WHAT HAPPENS IF THERE IS A TECHNICAL MALFUNCTION DURING THE MEETING?
If there is an interruption in either the audio or visual broadcast of the meeting, the meeting must be suspended until repairs are made, and public access is restored to all of the meeting sites.

25. ARE THERE ANY OTHER SPECIAL REQUIREMENTS FOR ELECTRONIC MEETINGS?
Public bodies authorized to hold closed meetings must submit a report by December 15 of each year to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science. The report must include:

- The total number of electronic communication meetings held during the preceding year;
- The dates and purposes of the meetings;
- Number of sites for each meeting; types of electronic communication means by which the meetings were held;
- The number of participants, including members of the public, at each meeting location;
- The identity of the members of the public body recorded as absent, and those recorded as present at each meeting location;
- A summary of any public comment received about the electronic communication meetings; and
- A written summary of the public body's experience using electronic communication meetings, including its logistical and technical experience.

26. WHAT ARE THE 2005 CHANGES IN A NUTSHELL?
For the purposes of the § 2.2-3708, a meeting conducted by "electronic communication means" is defined as any audio or combined audio and visual communication method. Effective July 1, 2005, the notice required for electronic communication meetings has been reduced from 30 days to seven working days.

Additionally, (i) the 25 percent limitation on the number of electronic meetings that may be held annually has been eliminated; (ii) the requirement that an audio or audio/visual recording be made of the electronic communication meeting has been eliminated, but minutes be taken pursuant to § 2.2-3707; (iii) the conduct of closed meetings during electronic meetings is now allowed; (iv) annual reports of these types of meetings must be filed with the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science; and (v) the type of information required to be reported annually has been expanded as described in detail above.

* See “Access to Public Meetings” at http://dls.state.va.us/groups/foiacouncil/ref/meetingshandout04.pdf and
“Guide to Electronic Meetings” at http://dls.state.va.us/groups/foiacouncil/ref/meetingshandout04.pdf.

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