West Virginia

9. Litigation expenses.

In the most significant amendment to the Freedom of Information Act since its enactment, the 1992 legislature provided that "[a]ny person who is denied access to public records requested pursuant to this article and who successfully brings a suit filed pursuant to [the FOIA] shall be entitled to recover his or her attorney fees and court costs from the public body that denied him or her access to the records." W. Va. Code § 29B-1-7.

5. Expense reports.

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

H. Post-trial records

Overview

West Virginia

G. Are there sanctions for noncompliance?

The West Virginia Open Governmental Proceedings Act, specifically W.Va. Code § 6-9A-7 provides for both civil and criminal penalties for noncompliance. Subsection (a) provides that any person who is a member of a public or governmental body required to conduct open meetings under the Act who willfully and knowingly violates the Act's provisions is guilty of a misdemeanor and is subject to a fine of not more than five hundred dollars. Second or subsequent offenses also constitute misdemeanors for which a minimum fine of not less than one hundred nor more than one thousand may be imposed.

G. How are online discussion board posts treated?

There have been no court decisions or agency guidance indicating how online discussion board posts social media postings and messages are to be treated for purposes of FOIA analysis.

3. Local or municipal.

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

12. Sex offender records.

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

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.