West Virginia

H. Post-trial records

Overview

West Virginia

2. Special or emergency meetings.

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

1. Time limit.

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

K. On-line dissemination.

When requested records are transferred to FOIA requesters by e-mail or are downloaded by requesters from a government website, no fees should be assessed as the government body would have incurred no “actual cost of reproduction.”

10. Fines.

Section 7 of the Open Meetings Act provides that a knowing and willful violation of the Open Meetings Act by a member of a public or governmental body constitutes a misdemeanor. The Act provides for a fine of not less than $100 nor more than $500. For second and subsequent offenses a fine of not less than $100 nor more than $1000 may be levied. W. Va. Code §  6-9A-7.

G. Settlement records

Overview

West Virginia

(2). To whom notice is given.

The presiding officer is required to announce to the other members of the governing body and the general public that the public agency is going to go into executive session and to provide the authority for doing so.

6. Material is not cumulative

A discovery request may be denied where the breadth of the information sought would result in the production of material so cumulative as to be inadmissible at trial. State Farm v. Stephens, 188 W.Va. 622, 425 S.E.2d 577 (1992). Whether or not the cumulativeness of the material sought would be inadmissible at trial is in turn governed by Rule 403 of the West Virginia Rules of Evidence. Such determinations are usually left to the discretion of the trial court.

b. Fees for records.

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