West Virginia

B. Must a commenter give notice of intentions to comment?

As noted above, a governing body may require those persons who wish to speak to register no more than fifteen minutes prior to the start of a scheduled meeting.

9. Litigation expenses.

In the most significant amendment to the Freedom of Information Act since its enactment, the 1992 legislature provided that "[a]ny person who is denied access to public records requested pursuant to this article and who successfully brings a suit filed pursuant to [the FOIA] shall be entitled to recover his or her attorney fees and court costs from the public body that denied him or her access to the records." W. Va. Code § 29B-1-7.

5. Expense reports.

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

B. State constitutional provision

The West Virginia Constitution does not contain a specific "shield" law provision. However, in Hudok v. Henry, where the state Supreme Court of Appeals articulated the qualified privilege for reporters, the state Supreme Court cited Article III, § 7 of the West Virginia Constitution, in addition to the First Amendment to the United States Constitution and the Branzburg standard, as the bases for the qualified reporter's privilege. Article III, § 7 of the West Virginia Constitution states, in pertinent part:

5. Multi-state or regional bodies.

Multistate or regional bodies, such as planning authorities, usually will be "created by state or local authority or . . . primarily funded by the state or local authority" and thus will be subject to the FOIA. Alternatively, the statute's provision of coverage for any "board, department, commission, council or agency" of any state or local governmental unit should include these bodies.

F. Privacy

Overview

West Virginia

III. MEETING CATEGORIES -- OPEN OR CLOSED.

(This section is blank. See the subpoints below.)

3. Local or municipal.

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

Author

Overview

West Virginia