The Northern Virginia area is experiencing a surge in cases of the COVID-19 virus.  Members of the Town’s committees, commissions, and boards have requested the ability to meet virtually to avoid the spread of the virus.  In order to conduct public meetings that are entirely electronic, a locality must first declare a state of “local emergency.” 

The governing body may declare a local emergency when, in its judgment, the threat or actual occurrence of a “disaster” threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage it would cause.  The spread of the COVID-19 virus qualifies under Va. Code as a “disaster,” which includes communicable diseases of public health threat, as determined by the State Health Commissioner.  The State Health Commissioner has generally recognized the COVID-19 virus to be a public health threat.   

1.      A declaration of local emergency automatically activates the Town’s Emergency Operations Plan, and authorizes the furnishing of aid and assistance thereunder.  If the intention in this case is not to activate the entire Emergency Operations Plan, but only to allow wholly electronic meetings, then the motion would need to so specify.

2.      If the governing body declares a local emergency, then it is obligated to take appropriate action to end the declared emergency once it determines that all necessary emergency actions have been taken.