West Virginia

C. Does the existence of information in electronic format affect its openness?

To date, there has been no distinction between information in electronic format and more traditional format and state agencies routinely provide information to FOIA requesters in electronic format.

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.

(1). Time limit for giving notice.

The Open Meetings Act requires that, except in emergencies, state executive agencies must give notice of their meetings "at least five days prior to the date of the meeting":

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West Virginia

c. Plea for quick response.

The Freedom of Information Act requires a response to all requests within five working days, and the request should ask that this time limit be met. If there is a particularly urgent need for the records, this should be explained and an expedited response requested.

a. Which court?

If the subpoena is issued under the auspices of a West Virginia state court, the motion to quash the subpoena usually must be filed in the court hearing the case at issue. However, if the subpoena is for attendance at a discovery deposition, the motion can be brought either in the county where the case at issue is pending, or in the county where the deposition is to be taken, pursuant to Rule 26(c) of the West Virginia Rules of Civil Procedure.

1. Is software public?

There have been no court decisions or agency guidance indicating how software is to be treated for purposes of FOIA analysis.

4. What issues will the court address?

In a judicial proceeding under the Open Meetings Act, the court will address any issue arising under the statute, including a request for an order in a particular pending meeting be open, establishing general rules concerning access to future meetings, and invalidating decisions made at illegal meetings. McComas v. Fayette County Board of Education, supra. The 1999 amendments create addition issues that a court may be called upon to address.

(5). Other information required in notice.

For most public bodies, there is no particular information required to be included in the notice of an emergency meeting. The notice of an emergency meeting filed by the governing bodies of the executive branch of the state must include "the date, time, place and purpose of the meeting and the facts and circumstances of the emergency."

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West Virginia