West Virginia

B. Dependency


West Virginia

e. Requirement to state statutory authority for closing meetings before closure.

The presiding officer of a governing body must publicly state the authority under the Act for requesting the governing body go into executive session. Id.

A. Newspaper articles

A newsperson is not required to testify in court that a particular article actually appeared in the newspaper in order to authenticate the article. Pursuant to Rule 902(6) of the West Virginia Rules of Evidence, newspapers are self-authenticating and therefore, testimony by the author/reporter is unnecessary to authenticate the article for admissibility purposes. Therefore, if a reporter is subpoenaed for that purpose, the subpoena should be quashed easily.

b. Court and litigation costs.

Court costs may be awarded to successful FOIA plaintiffs. Smith v. Bradley, 223 W.Va. 286, at 293, 673 S.E.2d 500, at 507 (2007).

N. Police records.

The scope of the FOIA exemption for records of law enforcement agencies is discussed in the preceding section. In general, the exemption applies only to (1) "information compiled as part of an inquiry into specific suspected violations of the law" and (2) internal records which reveal "confidential investigative techniques and procedures." Hechler, supra at 802, Syllabus pts. 11, 12. Items such as mug shots, police blotters and 911 tapes normally would not meet these prerequisites for confidentiality, and thus should be subject to disclosure.

7. Others.

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

1. Deliberations closed, but not fact-finding.

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

3. Nature of appeal

There is no "appeal by right" to the West Virginia Supreme Court of Appeals; the acceptance of an appeal by that court is entirely discretionary. A party may seek extraordinary relief in the Supreme Court by filing a Petition for Writ of Prohibition or for Writ of mandamus to preclude enforcement of the circuit court's ruling or to compel the court to rule in the correct manner. Like a Petition for Appeal, Petitions for extraordinary writs, such as Prohibition or Mandamus are discretionary.