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Percival council adopts updated remote‑participation policy, adds annual approval for permanently disabled members

Percival Town Council Work Session · September 24, 2024
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Summary

The Percival Town Council voted 6–1 Sept. 24 to adopt a state‑required remote‑participation policy that implements 2024 FOIA amendments; a friendly amendment allows chair approval for annually recurring remote participation by permanently disabled members.

The Percival Town Council voted 6–1 on Sept. 24 to adopt a new remote‑participation policy that implements changes from the 2024 amendments to the Virginia Freedom of Information Act.

Town staff member Diana Hayes told the council the state changes require public bodies to adopt a formal policy by public vote and to include procedures for requesting, approving, denying and recording remote participation. "The 2024 amendments to the Virginia Freedom of Information Act introduced changes related to remote participation in public meetings," Hayes said during the discussion.

Council debate focused on whether a member with a permanent disability must request remote participation for each meeting. Councilmember Berto urged clarification, saying repeated applications could be burdensome: "If we leave this in place and it is unnecessary to do so, it's demeaning to people with physical disabilities," Berto said. Staff and legal review, Hayes said, confirmed a single approval could cover recurring remote participation in appropriate circumstances, and Berto offered a friendly amendment to make explicit that the chair may grant annual approval for permanently disabled individuals. Councilmember Williams moved to adopt the policy as presented and the friendly amendment was accepted; Councilmember Stout seconded the motion.

The council voted to approve the policy 6–1, with one member absent. Mayor Reyna cast a yes vote. The policy packet submitted to council includes the revised language (sections A1A–A1C) and staff noted it had been reviewed legally before the meeting.

The council’s action responds to state requirements and clarifies local procedures for approving remote participation; staff said they will incorporate the approved amendment into the final policy language and the town clerk will maintain the records of requests and approvals.

The town did not specify an effective date beyond the council's adoption; staff noted the body must continue to adopt the policy annually to remain in compliance with state law.