West Virginia

H. Post-trial records

Overview

West Virginia

1. Rules for active investigations.

Other than cases construing FOIA exemptions, there have been no specific court decisions or statutory references to application of FOIA to active administrative law enforcement investigations. Worker safety and health inspections, or accident investigations arguably may be viewed as falling within the FOIA exemption for records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement

Appendix

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

(6). Penalties and remedies for failure to give adequate notice.

The Open Meetings Act does not provide any penalties for failing to follow the rules set out for going into executive session. The Act does provide that the public agency cannot make any decision in executive session; therefore any decision reached in such a closed meeting would be voidable.

5. Pleading format.

The complaint need only contain a "short and plain" statement of your claim. If it seeks injunctive relief, it must be verified. Describe the contents of the request, and state when and to whom the request was made. Recount the reasons (if any) given for its denial. Invoke the FOIA, as well as the state constitution and common law, if applicable, as the legal basis for your claim. If either your request or the denial is in writing, attach a copy to the complaint. The most important thing is to clearly identify the information to which you were denied access.

7. What court.

A petition under the Open Meetings Act must be filed in "the circuit court in the county where the public agency regularly meets." W. Va. Code § 6-9A-6. In extraordinary cases, a petition could be filed in the state Supreme Court, seeking a writ of mandamus or prohibition. See the preceding section, on the Freedom of Information Act, for a more detailed discussion of the availability of this remedy.

G. Settlement records

Overview

West Virginia

5. Threat to human life

There are no cases in West Virginia where the courts have discussed the issue of a matter subpoenaed involving a threat to human life.

2. Disciplinary records.

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