West Virginia

3. Closed meetings or executive sessions.

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

1. Who may sue?

Just as "any person" may request access to records under the Freedom of Information Act, "any person denied the right to inspect the public record of a public body" may sue to enforce that right. W. Va. Code § 29B-1-5(1).

C. Federal constitutional provision

The qualified reporter's privilege in West Virginia is based on the Branzburg standard and the state Supreme Court's application of the First Amendment to the United States Constitution, as explained in Hudok v. Henry. The state Supreme Court reaffirmed the Hudok holding in the later case of State ex rel. Charleston Mail Ass'n v. Ranson, 200 W.Va. 5, 25 Media L. Rep. 2166, 60 A.L.R.5th 827, 488 S.E.2d 5 (1997).

D. Are segregable portions of records containing exempt material available?

Where a document contains a segregable combination of exempt and nonexempt material, the nonexempt portion should be disclosed. An example of this approach is found in Child Protection Group v. Cline, where the court held that information falling within the personal privacy exemption could be redacted and the document disclosed:

F. Recording/broadcast of meetings.

The 1999 amendments to the Open Meetings Act add a provision regarding the allowance of radio and television recordings. That section provides:

(a) Except as otherwise provided in this section, any radio or television station is entitled to broadcast all or any part of a meeting required to be open.

11. Other penalties.

Imprisonment in the county jail for not more than twenty days is an alternative sanction that, in lieu of or in addition to a fine, may be imposed in the courts' discretion. W. Va. Code § 29B-1-6. Once a circuit court has ordered production of documents or disclosure of information, noncompliance with the order of the court may be punished as contempt of court. W. Va. Code § 29B-1-5(2).

2. Police blotter.

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