West Virginia

b. What effect does absence of a quorum have?

The absence of a quorum at a meeting has the effect of preventing the public agency from either deliberating toward or making a decision, but does not affect whether the provisions of the Open Meetings Act apply.

2. Marriage & divorce.

(This section is blank. See the point above.)

4. Public matter on private e-mail

There have been no court decisions indicating how public records contained in private e-mail archives should be treated. It is possible, however, that the West Virginia Court may require disclosure upon a finding that private e-mail was used as a ruse to conduct public business while avoiding FOIA disclosure requirements.

1. Civil contempt

In West Virginia, there is very little, if any history of reporters being fined or jailed for failure to comply with a subpoena. There is no statute or caselaw specifically addressing contempt proceedings where a reporter refuses to comply with a subpoena. Generally speaking however, although Rules 11, 16, and 37 of the West Virginia Rules of Civil Procedure do not formally require any particular procedure, before issuing a contempt sanction, a court must ensure it has an adequate foundation either pursuant to the rules or by virtue of its inherent powers to exercise its authority.


(This section is blank. See the subpoints below.)

(3). Where posted.

Except for the requirement that state executive agencies file notice of their meetings with the secretary of state for publication in the state register, the statute does not state where notice of meetings must be posted. The Attorney General has advised that posting a notice on the courthouse door will fulfill the requirements of the statute for county commission meetings, Op. Att'y Gen., June 23, 1978, and that all state agencies should, at a minimum, file notice with the Secretary of State. Op. Att'y Gen., Nov. 20, 1978.

e. Other.

(This section is blank. See the point above.)