West Virginia

(2). To whom notice is given.

For most public bodies, the Act simply states that advance notice of a meeting must be given "to the public and news media." Id. Again, the statute requires the governing body of each public agency to promulgate rules establishing specific notice provisions. However, as noted above, the Act provides a special rule for the governing bodies of the executive branch of the state, which are required to "file a notice of any meeting with the secretary of state for publication in the state register." Id.

d. Can the request be for future records?

The statute neither prohibits nor specifically authorizes a request for future records. So long as they can be identified with "reasonable specificity," an FOIA request for future records should be valid. Keep in mind, also, that you may have a common law right to require the public body to create records and then make them available for public inspection or copying. See Daily Gazette v. Withrow, supra.

C. Criminal trials

Overview

West Virginia

1. Any sessions regarding collective bargaining.

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

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.

4. Judicial approval

In West Virginia, a lawyer may issue and sign a subpoena as an officer of the court. Rule 45(a)(3) of the W.Va.R.Civ.P. A judge or magistrate need not approve a subpoena before a party can serve it.

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

The penalties and remedies described above in reference to general notice requirements of the Open Meetings Act also apply to emergency meetings.

5. Waiting for a response.

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

C. Trials

Overview

West Virginia

5. Other.

The Open Meetings Act provides a practical limitation on challenges made to bond issues. If notice of the meeting at which the bond issue was finally considered was given at least ten days prior to the meeting by a Class I legal advertisement in a qualified newspaper having general circulation in the geographical area, then the bond issue will not be rendered void in a challenge by a citizen. W. Va. Code § 6-9A-6.