CEO Evaluation Committee Resolution Finding Need to Conduct August 5, 2021 Meeting Electronically

WHEREAS, on March 12, 2020, the Governor of Virginia declared a state of emergency in Virginia in response to the spread of novel coronavirus, or COVID-19, a communicable disease of public health threat as so declared by the State Health Commissioner on March 7, 2020 (“COVID-19”); and

WHEREAS, in subsequent actions, several of the local governments represented on the Virginia Railway Express Operations Board and either the Northern Virginia Transportation Commission or the Potomac and Rappahannock Transportation Commission, declared local emergencies pursuant to § 44-146.21 of the Code of Virginia because of COVID-19 which jurisdictions included, but were not limited to, the City of Alexandria and the Counties of Arlington and Prince William; and

WHEREAS, while the emergency declared by the Governor of Virginia is no longer in effect, each of the local emergencies declared by the aforesaid local governments remain in effect; and

WHEREAS, § 2.2-3708.2 of the Code of Virginia expressly authorizes a public body to “meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44- 146.17 of the Code of Virginia or the locality in which the public body is located has declared a local state of emergency pursuant to § 44-146.21 of the Code of Virginia provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities; and

WHEREAS, the CEO Evaluation Committee of the Virginia Railway Express Operations Board finds that it is in the best interests of the Committee members, staff, and the public to avoid gathering in public where the risks of infection are highest, and to take measures that promote physical distancing in order to protect the public health and mitigate the impacts and spread of COVID-19, including, among others, conducting meetings electronically whenever possible;

NOW, THEREFORE, BE IT RESOLVED, that the CEO Evaluation Committee of the Virginia Railway Express Operations Board hereby finds that meeting by electronic means is authorized because the nature of the locally declared emergencies makes it both impracticable and unsafe for the Committee to assemble in a single location on August 5, 2021, to discuss and transact the business of the Committee at its August 5, 2021 meeting; and

BE IT FURTHER RESOLVED, that the CEO Evaluation Committee of the Virginia Railway Express Operations Board hereby finds that meeting by electronic means is authorized because the item on the August 5, 2021 Committee meeting agenda is necessary to the continued operations of the Committee and the Operations Board and the discharge of their lawful purposes, duties, and responsibilities.

Approved this 5th day of August 2021.

______Andrea Bailey Chair