AGENDA DATE: 8/17/2022
TITLE:
Title
Amend Rule 8 of the Board’s Rules of Procedure
BODY
SUBJECT/PROPOSAL/REQUEST: Amend the Board’s Rules of Procedure
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Rosenberg
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: During the COVID-19 pandemic, the Board’s Rules of Procedure (“Rules”) were amended several times to accommodate virtual meetings, and then hybrid meetings, which is the current meeting posture that began with the Board’s April 6 meeting. Effective September 1, 2022, the Freedom of Information Act, specifically Virginia Code § 2.2-3708.3, will impose new requirements and limitations for public body virtual meetings and remote participation in meetings by individual public body members. Accordingly, the proposed amendments to Rule 8 of the Board’s Rules of procedure are legally required.
STRATEGIC PLAN: Mission - To enhance the well-being and quality of life for all community members through the provision of the highest level of public service consistent with the prudent use of public funds.
DISCUSSION: The proposed amended Rules (Attachment A) would omit any mention of virtual or hybrid meeting throughout the Rules of Procedure and amend Rule 8 to align with Virginia Code § 2.2-3708.3, as amended in the 2022 session of the General Assembly by HB444.
Following the Board’s review of the draft Rules presented August 3, staff made three additional revisions to the attached draft Rules:
1. Rule 1(E) -- Deleted the definition of “hybrid meeting,” as that term is no longer used in the rest of the Rules.
2. Rule 1(E) -- Added a definition of “remote participation,” to clarify that any remote participation requires that a quorum be physically assembled.
3. Rule 8(B)(4) -- Restored the Board’s existing rule regarding the audibility of absent Supervisors participating remotely. Though this provision is no longer required by state law, there was interest in continuing this local specification.
BUDGET IMPACT: There is no budget impact associated with this action.
RECOMMENDATION:
Recommendation
Staff recommends the Board adopt the draft amended Rules of Procedure (Attachment A).
ATTACHMENTS:
A - Revised Draft Rules of Procedure