West Virginia

b. Records of certain but not all functions.

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

K. Negotiations and collective bargaining of public employees.

There is no exemption for collective bargaining negotiations or discussions; this is not surprising because public employees in West Virginia are not authorized to engage in collective bargaining.

9. Appointed as well as elected bodies.

Whether an agency is appointed or elected makes no difference under the Open Meetings Act as long as it is a public agency.

3. Student records.

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

a. Search.

In 2010 reports surfaced of West Virginia state and local government public bodies charging one dollar or more per page for copying records sought by FOIA requesters as well as billing for research and search time. There have been no judicial decisions directly addressing the issue of the scope of public bodies’ authority to impose copying, research and search fees. The starting point for analyzing this issue is the language of the FOIA itself. Section 29B-1-3 (5) states in relevant part:

I. Appellate records


West Virginia

4. For ruling on future meetings.

Courts can grant prospective relief enjoining a governing body of a public agency from proceeding as it has in the past and ordering the public agency to conduct its future meetings in conformity with the Open Meetings Act. W. Va. Code § 6-9A-6.