West Virginia

2. Time limits for filing appeals.

The losing party has four months from the entry of the circuit court's ruling to appeal to the state Supreme Court.

b. Rules for closed investigations.

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

A. In general

Overview

West Virginia

F. How are social media postings and messages treated?

There have been no court decisions or agency guidance indicating how social media postings and messages are to be treated for purposes of FOIA analysis.

2. Deposit of security

West Virginia law does not require that the subpoenaing party deposit any security in order to procure the testimony or materials sought from the reporter. For a deposition or in-court testimony, Rule 45(b)(1) of the West Virginia Rules of Civil Procedure requires that a subpoenaing party must tender "fees for one days attendance and the mileage allowed by law" if the subpoenaed party so demands. If request for such payment is made, but the payment is not presented, the subpoena is ineffective.

1. Character of exemptions.

The Open Meetings Act does not permit the closing of a meeting simply because the public agency believes closure would serve the public interest. To the contrary, the statute mandates that "except as expressly and specifically otherwise provided by law . . . all meetings of any governing body shall be open to the public." W. Va. Code § 6-9A-3 (emphasis added).

4. Nongovernmental bodies receiving public funds or benefits.

As noted in the previous sections, the Open Meetings Act's coverage depends upon whether a "governing body" of a "public agency" is involved. Public agencies include "[A]ny administrative or legislative unit of state, county or municipal government, including any department, division, bureau, office, commission, authority, board, public corporation, section, committee, subcommittee or any other agency or subunit of the foregoing, authorized by law to exercise some portion of executive or legislative power."

5. Nongovernmental groups whose members include governmental officials.

The question regarding the applicability of the Open Meetings Act to a nongovernmental group whose members include governmental officials is simply whether the inclusion of these governmental officials is sufficient to make the group an agency of government. The argument for coverage would be stronger if the governmental officials are acting within this nongovernmental group in their official, rather than private, capacities. Again, any conclusion regarding the coverage of the Open Meetings Act in this situation would have to be based upon the facts of the particular case.

5. Zoning records.

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

A. In general

Overview

West Virginia