West Virginia

10. Fines.

Section 7 of the Open Meetings Act provides that a knowing and willful violation of the Open Meetings Act by a member of a public or governmental body constitutes a misdemeanor. The Act provides for a fine of not less than $100 nor more than $500. For second and subsequent offenses a fine of not less than $100 nor more than $1000 may be levied. W. Va. Code §  6-9A-7.

(2). To whom notice is given.

The presiding officer is required to announce to the other members of the governing body and the general public that the public agency is going to go into executive session and to provide the authority for doing so.

A. Exemptions in the open records statute.

"Three cardinal rules must be remembered in any FOIA case regardless of which exemption is claimed to be applicable. First, the disclosure provisions are to be liberally construed. Second, the exemptions are to be strictly construed. Finally, the party claiming exemption from the general disclosure requirement . . . has the burden of showing the express applicability of such exemption to the material requested." Daily Gazette v. W. Va. Development Office, supra, Syllabus pts. 1 and 2 (citations omitted).

a. Denial.

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

G. Settlement records

Overview

West Virginia

5. Threat to human life

There are no cases in West Virginia where the courts have discussed the issue of a matter subpoenaed involving a threat to human life.

II. EXEMPTIONS AND OTHER LEGAL LIMITATIONS

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

2. Public matter on government e-mail or government hardware

Public matter on public e-mail systems falls within FOIA’s disclosure mandate if it fits the statutory definition of “public record” found in W.Va. Code §  29B-1-2 (4).