West Virginia

(1). Information required.

The Act's 1999 amendments appear to exempt minutes of executive sessions from public disclosure; the amendment appears to presume that such minutes will be prepared. Provision is made for the later disclosure of that portion of executive session minutes when they contain reference to confidential settlement and other matters that are later rendered non-confidential by subsequent action.

7. What court.

Suits seeking access to records under the Freedom of Information Act ordinarily must be brought "in the circuit court in the county where the public record is kept." W. Va. Code § 29B-1-3(4).

3. Applications.

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

H. Computer software

There have been no court decisions or agency guidance indicating how online discussion board posts social media postings and messages are to be treated for purposes of FOIA analysis.

1. Interlocutory appeals

Although technically there is no right to an interlocutory appeal, if a motion to quash a subpoena is denied, the reporter may file a Petition for Writ of Prohibition or a Petition for Writ of Mandamus directly in the West Virginia Supreme Court of Appeals. Although such Petitions are deemed "extraordinary" procedures for relief, the state Supreme Court historically has allowed such Petitions in cases involving a reporter's privilege because the First Amendment constitutional implications. The acceptance of such a Petition acts as an automatic stay of the lower court's ruling.

D. Other sources

The reported caselaw, i.e., Hudok v. Henry, is the sole source of the qualified reporter's privilege in West Virginia. There are no court rules, state bar guidelines, or administrative procedures that articulate a reporter's privilege.

B. Any other statutory requirements for closed or open meetings.

A few specific statutes mandate certain proceedings be open or closed to the public. As in the case of specific public record statutes, discussed in the preceding section of this outline, these provisions may create a greater right of public access to particular proceedings.

1. State.

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

10. Police techniques.

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

G. Collective bargaining records.

There is no exemption for collective bargain records. However, collective bargaining by public employees is unlawful in West Virginia.