West Virginia

b. Invalidate the decision.

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

1. Does e-mail constitute a record?

Email has been held to be a “writing” that must be disclosed upon a FOIA request if it is related to the conduct of the public’s business and is prepared, owned and retained by a public body, W.Va. Code §  29B-1-2 (4). See, Associated Press v. Canterbury, 688 S.E.2d 317 (W.Va. 2009) (“definition of a “writing” contained in FOIA includes an e-mail communication”).

e. Social media and online discussion boards.

There have been no reported meetings conducted using social media or online discussion boards.

(1). How does the requester memorialize the refusal?

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

1. Service of subpoena, time

In West Virginia, service of subpoenas in civil cases is governed by Rule 45 of the West Virginia Rules of Civil Procedure, and in criminal cases service of subpoenas is governed by Rule 17 of the Rules of Criminal Procedure. There are no special requirements that must be met to serve a subpoena on a member of the news media.

C. Can a public body limit comment?

A governing body "may make and enforce reasonable rules for attendance and presentation at any meeting," but this power is limited to "any meeting where there is not enough room for all members of the public who wish to attend." W. Va. Code § 6-9A-3.

d. Requirement to meet in public before closing meeting.

An initial public session, during which the presiding officer presents the justification for closure and the body votes on the issue, is a prerequisite to any executive session. W. Va. Code §  6-9A-4.

I. How are fees for electronic records asessed?

Fees for electronic record request should be consistent with the fees that may be charged for reproducing records in a paper format. Thus, the limit on fees charged by public bodies should be the “actual cost of reproduction” of records in an electronic format. If the record is transmitted to the requester on a computer readable DVD or CD the charge should be no more than the cost of that medium to the government body.

b. Notice requirements.

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