West Virginia

E. Webcasting

Overview

West Virginia

Author

Overview

West Virginia

a. Administrative forum.

There is no provision in the Open Meetings Act for an administrative challenge to a public agency's actions. However, it is possible that some agencies may have promulgated regulations that provide such an administrative forum. In that case, provisions regarding time limits for requesting or receiving a ruling or subsequent administrative remedies should also be contained in the agency's regulations. With few exceptions, such regulations must be filed with the office of the Secretary of State and can be obtained either from that office or from the agency involved.

IV. Who is covered

No West Virginia case directly addresses to whom the reporter's privilege applies. In the Hudok case, however, the court observed in a footnote that "The question of what type of activities make a person a journalist and what type of material is covered as news gathering is discussed in Von Bulow by Auersperg v. Von Bulow, 811 F.2d 136 (2d Cir.), cert. denied, 481 U.S. 1015, 107 S.Ct. 1891, 95 L.Ed.2d 498 (1987)." The Von Bulow court explained the foregoing criteria for determining who is covered by a reporter's privilege:

(4). Public agenda items required.

There are no provisions in the Open Meetings Act specifying agenda items that must be included in the notice of a public agency's regular meetings. However, the notice of any special meeting must include the purpose of the meeting. W. Va. Code §  6-9A-3.

B. How long to wait.

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

D. Are segregable portions of records containing exempt material available?

Where a document contains a segregable combination of exempt and nonexempt material, the nonexempt portion should be disclosed. An example of this approach is found in Child Protection Group v. Cline, where the court held that information falling within the personal privacy exemption could be redacted and the document disclosed:

c. Order future meetings open.

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

5. Service of police or other administrative subpoenas

Although there are no cases directly discussing special criteria for issuance of an administrative subpoena to a journalist, generally speaking, there are special rules regarding the use and service of other administrative subpoenas. Regarding the use of such subpoenas, the subject or target of an administrative subpoena has an opportunity to challenge the subpoena before yielding that information. In the course of that resistance, privileges, privacy rights and the unreasonableness of an administrative subpoena are available defenses against enforcement of the subpoena. State ex rel.