West Virginia

b. Rules for closed investigations.

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

4. Requirements or prohibitions regarding advance payment.

The Freedom of Information Act neither requires nor specifically prohibits the advance payment of fees.

E. Webcasting

Overview

West Virginia

F. Financial data, trade secrets or proprietary data of private corporations and individuals.

The ninth exception covers "[m]atters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving competition which, if made public, might adversely affect the financial or other interest of the state or any political subdivision" (W. Va. Code §  6-9A-4(9)).

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."

e. News organization / medium

In West Virginia, the reporter's privilege is not distinguished in its application to different types of media (i.e., newspaper, magazine, broadcast outlet, or Internet Web site). Beyond the Hudok court's citation to the Von Bulow case and the Von Bulow court's elaboration on the general criteria used to determine whether one is a member of the class entitled to claim the reporter's privilege, there is no law or statute that formally defines the individuals or entities who are entitled to assert the reporters' privilege.

4. Deeds, liens, foreclosures, title history.

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

D. Are segregable portions of records containing exempt material available?

Where a document contains a segregable combination of exempt and nonexempt material, the nonexempt portion should be disclosed. An example of this approach is found in Child Protection Group v. Cline, where the court held that information falling within the personal privacy exemption could be redacted and the document disclosed:

Q. Students; discussions on individual students.

Another broad exemption under the Act authorizes executive sessions to discuss the "disciplining, suspension or expulsion of any student in any public school or public college or university, unless such student requests an open meeting." W. Va. Code § 6-9A-4(b)(3).