West Virginia

E. Grand jury records


West Virginia

a. Must a minimum number be present to constitute a "meeting"?

A meeting is defined as "the convening of a governing body of a public agency for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter which results in official action." The term "does not include (A) Any meeting for the purpose of making an adjudicatory decision in any quasi-judicial, administrative or court of claims proceeding; (B) Any on-site inspection of any project or program; (C) Any political party caucus; (D) General discussions among members of a governing body on issues of interest to the public when held in a pla

c. Partial disclosure of information

There is no West Virginia caselaw or statute addressing whether a journalist may be deemed to have waived the privilege. Because the privilege is constitutional in nature, it is likely the privilege may never be deemed to have been waived.

1. Birth certificates.

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

a. General or specific?

There is no general exemption in the West Virginia statute, and there is no authority for an agency or court to deny access to records based upon its own notion of what "the public interest" requires. The only public records to which citizens may be denied access under the Freedom of Information Act are those containing the sixteen categories of information made "specifically exempt from disclosure" under Section 4 of the statute.

B. How to start.

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

(3). Where posted.

Except for the requirement that state executive agencies file notice of their meetings with the secretary of state for publication in the state register, the statute does not state where notice of meetings must be posted. The Attorney General has advised that posting a notice on the courthouse door will fulfill the requirements of the statute for county commission meetings, Op. Att'y Gen., June 23, 1978, and that all state agencies should, at a minimum, file notice with the Secretary of State. Op. Att'y Gen., Nov. 20, 1978.

e. Other.

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