West Virginia

12. Sex offender records.

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

L. Parole board meetings, or meetings involving parole board decisions.

The Open Meetings Act does not specifically authorize the closure of parole board meetings. Although parole board proceedings might arguably fall within W. Va. Code § 6-9A-4(7), it is more likely that the courts would not apply that exception in such circumstances. Moreover, the state Supreme Court narrowed the scope of a similar exemption under the Freedom of Information Act in Hechler v. Casey, supra. Further, to the extent that the parole board exercises quasi-judicial functions, its proceedings are subject to the constitutional open courts mandate.

2. Discussion of each exemption.

The West Virginia Freedom of Information Act specifically exempts nineteen categories of information from disclosure. Each of these exceptions, and Supreme Court decisions interpreting them, are discussed in the following sections.

a. Trade secrets

The first FOIA exemption is for:

G. Settlement 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

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.

1. Birth certificates.

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

2. Marriage & divorce.

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