West Virginia

Q. Real estate appraisals, negotiations.

The only specific state FOIA exemption for real estate appraisals or negotiation material is the provision of FOIA Exemption 6 that protects the "location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites." W. Va. Code § 29b-1-4(6).

In Veltri v. Charleston Urban Renewal Authority, supra, the Kanawha County Circuit Court ordered the Authority to release all appraisals it had obtained on a parcel of real estate it had purchased.

F. Are there sanctions for noncompliance?

The FOIA was amended in 2001 to make "any custodian of any public records who willfully violates the provision of [FOIA] may be charged with a misdemeanor and upon conviction the custodian may be fined not less than two hundred dollars nor more than one thousand dollars or be imprisoned for more than twenty days, or both. W. Va. Code § 29B-1-6.

D. Interviewing judges

Overview

West Virginia

b. Deliberations toward decisions.

The Open Meetings Act does not mention deliberations toward decisions. Before McComas, supra, the West Virginia Supreme Court had held that deliberations toward decisions constitute an adjudicatory session, exempt from the Act under W. Va. Code § 6-9A-2(4) (Appalachian Power, supra) and deliberations seemed to be exempt from the public's constitutional right of access to adjudicatory proceedings under the State Bar and Board of Medicine decisions.

8. Other elements

No other elements.

V. PROCEDURE FOR OBTAINING RECORDS

This section addresses the most frequently asked question under the Freedom of Information Act: "How do I file an FOIA request?"

D. How is e-mail treated?

In Canterbury, the Court held that “[a] trial court's determination of whether personal e-mail communication by a public official or employee is a public record, subject to disclosure under the [FOIA] . . . is restricted to an analysis of the content of the e-mail and does not extend to a context-driven analysis because of public interest in the record.”

(2). Commission or independent agency.

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