Virginia
Virginia FOIA
Formally: Virginia Freedom of Information Act (Open Meetings)
Va. Code Ann. §§ 2.2-3700 to 2.2-3714
Sunshine Score
| Advance Notice | 3 days, online posting required |
|---|---|
| Public Comment | Required, written accepted |
| Closed Sessions | 7 permitted categories |
| Minutes | Required, online posting required |
| Recording | Not required |
| Remote Participation | Allowed |
| Enforcement | Voidable, legislature exempt |
Agenda & Notice Requirements
Online posting: Required
Post notice at least 3 working days before meeting on official website, in prominent public location, and at office of clerk or chief administrator; state bodies also post on central electronic calendar
Agenda changes at meeting: Allowed — majority vote
Public Participation
Time limits: Presiding officer may impose reasonable time restrictions on public comment applied fairly to all speakers per Va. Code § 2.2-3707.1.
Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) does not mandate a general public comment period. However, § 2.2-3707.01 requires governing bodies (boards of supervisors, town and city councils) to provide an opportunity for public comment before or during deliberation on any ordinance, resolution, motion, or action item. This limited pre-action comment right applies to governing bodies only; advisory bodies are not covered.
Virtual Meetings
Allowed under Va. Code § 2.2-3708.3 (eff. Sept. 1, 2022); members may participate remotely for disability, caregiver duties (count toward quorum), >60-mile residence, or personal matter (max 2/year or 25% of meetings). A physical quorum must otherwise be assembled. Remote members do not count toward quorum except disability/caregiver cases.
Closed Sessions
Closed (executive) sessions: Allowed under specific circumstances
Permitted Categories
Meeting Minutes
Online posting: Required
Content requirements: date, time, place, members present, all votes and final actions (Va. Code § 2.2-3707(H))
Recording & Broadcast
Enforcement
Scope
This law applies to:
Legislature: Exempt (follows own rules)
Accessibility & Language Access
ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.
Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.