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R-22-45RESOLUTION NO. R-22-45 APPROVAL OF NEW POLICY FOR REMOTE PARTICIPATION IN MEETINGS WHEREAS, the Virginia Freedom of Information Act, and specifically Va. Code § 2.2- 3708.3 (as effective on September 1, 2022), provides that members of public bodies may participate in meetings of the body through electronic communications from a remote location, subject to strict compliance with the requirements of law; and WHEREAS, the City Council desires to permit remote participation by the Mayor and the City Council through electronic means as permitted by applicable law. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Virginia, that it hereby adopts the attached "Fairfax City Council Policy for Remote Participation in Meetings." Adopted this 29t' day of November, 2022. 4Aa-;(-� Mayor Attest: The vote on the motion to approve was recorded as follows: VOTE: Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Absent FAIRFAX CITY COUNCIL POLICY FOR REMOTE PARTICIPATION IN MEETINGS This policy is adopted pursuant to Va. Code § 2.2-3708.3 (initially effective as of September 1, 2022) and is to be strictly construed under the provisions of that enabling authority, as well as generally under the applicable provisions of the Virginia Freedom of Information Act. Any prior policies adopted by the City Council with regard to this subject matter are repealed as of the effective date of the adoption of this policy. This policy does not address: (i) electronic meetings conducted under a declared state of emergency (addressed by amended Va. Code § 2.2-3708.2, and for which no policy is required); or (ii) all virtual public meetings (addressed by subsection C of Va. Code § 2.2-3708.3 and which may only be used by certain public bodies, not including the City Council). REMOTE PARTICIPATION POLICY: Remote participation in meetings (regular, special or work session) by the Mayor and City Council members shall be governed by the following: (1) The Mayor and City Council members shall have the right to participate in meetings of the City Council by electronic communication as permitted by Va. Code § 2.2-3708.3, and subject to the limitations of that provision. This policy shall apply strictly and uniformly to the entire membership of the body, and to the Mayor, and without regard to the identity of the member requesting remote participation or the matters that will be considered or acted upon at the meeting. (2) Regardless of the reason(s) that the Mayor or a member is requesting to participate in a meeting through electronic communication, each of the following conditions must be met for the Mayor or the member to actually participate remotely in a meeting: a. The Mayor or the member shall have made his or her request in conformance with the provisions of subsection (3), below, and the Mayor (or a Council member as applicable) shall have conditionally approved the request. b. A quorum of the City Council must be physically assembled at the primary or central meeting location. c. Arrangements shall have been made for the voice of the remotely participating individual to be heard by all persons at the primary or central meeting location. If at any point during the meeting the voice of the remotely participating individual is no longer able to be heard by all persons at the meeting location, the remotely participating individual shall no longer be permitted to participate remotely. d. The City Council members physically assembled at the meeting location have voted to ratify the conditional approval of the member's request by the Mayor (or of the Mayor's request by a Council member as applicable), in accordance with subsection (4), below. (3) The process for the Mayor or a member to request remote participation in a meeting shall be as follows: a. On or before the date of the meeting, the requesting member must notify the Mayor (or a member of the City Council, if the requesting individual is the Mayor), and the City Clerk (although failure to so notify the City Clerk shall not affect the Mayor's or the member's ability to participate remotely) that he or she is unable to physically attend a meeting due to one of the following reasons (the details of which shall be included in the minutes of the meeting, as well as a general description of the remote location from which the Mayor or the member is participating): i. the Mayor or the member has a temporary or permanent disability or other medical condition that prevents the Mayor or the member's physical attendance at the meeting; ii. a medical condition of a member of the Mayor's or the member's family requires the Mayor or the member to provide care that prevents the Mayor's or the member's physical attendance at the meeting; iii. the Mayor's or the member's physical residence is more than 60 miles from the meeting location identified in the required notice for such meeting; or iv. the Mayor or the member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter. b. If the requesting individual is unable to physically attend the meeting due to a personal matter identified in subsection (3)(a)(iv), above, the requesting individual must state with specificity the nature of the personal matter. Further, remote participation due to a personal matter is limited each calendar year to 2 meetings or 25 percent of the meetings actually held per calendar year rounded up to the next whole number, whichever is greater. There is no annual limitation on the number of times that the Mayor or a member may participate remotely for the other authorized reasons listed in subsections (3)(a)(1)-(3). Further, in the case of reasons set forth in subsections (3)(a)(1) and (2), the requesting individual is not obligated to identify the specific disability or medical condition, nor must independent verification be provided. c. The Mayor (or member as applicable) shall promptly notify the requesting individual whether such individual's request is in conformance with this policy and is therefore conditionally approved or disapproved (subject to ratification by the members of the City Council, other than the requesting member, physically present at the subject meeting). (4) The process for confirming approval or disapproval of the Mayor's or a member's participation from a remote location be undertaken at the beginning of the applicable meeting when a quorum of the City Council has assembled for the meeting. At such time, the City Council shall vote to determine whether: a. The decision to conditionally approve or disapprove the requesting individual's request to participate from a remote location was in conformance with this policy; and b. The voice of the remotely participating individual can be heard by all persons at the primary or central meeting location. An affirmative vote by the City Council members physically present at the meeting location, and constituting a quorum, shall be conclusive evidence of the compliance with this policy and formal approval of the Mayor's or the member's request to participate remotely at such meeting. If the City Council disapproves the request, or if the City Council fails to act on the request, the request shall be deemed to be disapproved. In either case, the vote shall be recorded in the minutes with specificity.