West Virginia

b. Are certain executive functions covered?

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

4. How long should you wait for a response?

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

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.

G. Settlement records

Overview

West Virginia

5. Threat to human life

There are no cases in West Virginia where the courts have discussed the issue of a matter subpoenaed involving a threat to human life.

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.

11. Other penalties.

Prior to the 1999 amendments, the Act required that upon conviction of the misdemeanor offense of willfully and knowingly violating the provisions of the Open Meetings Act, a member of a public or governmental body may be imprisoned in the county jail for not more than ten days, in addition to the fine. W. Va. Code § 6-9A-6. That provision was removed from the Act in 1999.