West Virginia

b. Invalidate the decision.

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

c. Minutes.

Emergency meetings are subject to the same requirements as any other meetings with respect to maintaining, and granting public access to minutes.

E. Confidential and/or non-confidential information

The Hudok court concluded that the reporters' qualified privilege applied equally to both confidential and non-confidential information obtained by the reporter in his/her newsgathering role.

5. Waiting for a response.

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

c. Patterned after federal Freedom of Information Act?

The West Virginia Freedom of Information Act is similar to the federal statute in many respects, and the West Virginia Supreme Court recognized "the close relationship between the federal and West Virginia FOIA . . . in particular the value of federal precedents in construing our state FOIA's parallel provisions." Daily Gazette v. W. Va. Development Office, supra. It should be noted, however, that the eleven new exemptions added to W. Va. Code, §  29B-1-4  since 2003 are not patterned after those contained in the federal FOIA, 5 U.S.C. §  552 (b) (1) - (9).

C. Can a public body limit comment?

A governing body "may make and enforce reasonable rules for attendance and presentation at any meeting," but this power is limited to "any meeting where there is not enough room for all members of the public who wish to attend." W. Va. Code § 6-9A-3.

d. Requirement to meet in public before closing meeting.

An initial public session, during which the presiding officer presents the justification for closure and the body votes on the issue, is a prerequisite to any executive session. W. Va. Code §  6-9A-4.