Any person or entity may obtain access to records through the Freedom of Information Act. The statute provides that "[e]very person has a right to inspect or copy any public record" and specifies the term "'[P]erson' includes any natural person, corporation, partnership, firm or association." W. Va. Code § 29B-1-2.
The Act provides that "this article does not prohibit the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised."
The Open Meetings Act does not require a public agency to tape record either the regular meeting or meetings held in executive session. However if such a tape were made at an open meeting, it would constitute a public record under the Freedom of Information Act. Veltri v. Charleston Urban Renewal Authority, supra.
A "willful" violation of the Freedom of Information Act by a custodian of public records is a misdemeanor, punishable by a fine of "not less than two hundred dollars nor more than one thousand dollars. W. Va. Code § 29B-1-6.
In a civil case, a subpoenaed party may make a motion to quash the subpoena pursuant to Rule 45 of the West Virginia Rules of Civil Procedure if the subpoena is frivolous or unduly burdensome. The subpoenaed party also may make a motion for a protective order pursuant to Rule 26.