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West Virginia "Sunshine" Laws

In West Virginia, the term "Sunshine Laws" refers to a collection of statutes designed to ensure transparency and public access to government proceedings and records. These laws embody the principle that government should operate "in the sunshine"—openly and accountably—allowing citizens to monitor public officials and agencies. West Virginia’s Sunshine Laws primarily consist of two key components: the Open Governmental Proceedings Act (often called the Open Meetings Act) and the Freedom of Information Act (FOIA). Together, they mandate open meetings for public bodies and access to public records, with specific exceptions to balance privacy and security.

These laws are codified in the West Virginia State Code, with the Open Meetings Act in Chapter 6, Article 9A and FOIA in Chapter 29B, Article 1. Below, I’ll explain each, their scope, requirements, exceptions, and enforcement, using state code references as of February 27, 2025.


1. Open Governmental Proceedings Act (W. Va. Code §6-9A-1 et seq.)

The Open Meetings Act ensures that public bodies conduct their business transparently, allowing citizens to attend and observe decision-making processes.


Purpose and Scope

  • Intent: W. Va. Code §6-9A-1 declares that democracy depends on public access to government actions, promoting accountability beyond just voting.
  • Covered Entities: Applies to “public agencies,” defined in W. Va. Code §6-9A-2(7) as any executive, legislative, or administrative body (e.g., county commissions, city councils, school boards) and their committees, if they have rule-making or decision-making authority and a quorum is present.

Key Requirements

  • Open Meetings: All meetings must be open to the public unless an exception applies (W. Va. Code §6-9A-3). A “meeting” is any gathering where a quorum discusses public business (W. Va. Code §6-9A-2(5)).
  • Notice: Agencies must provide advance public notice of meetings, including date, time, place, and agenda. For regular meetings, notice is filed annually with the Secretary of State and posted; for special meetings, notice must be given at least two business days prior (W. Va. Code §6-9A-3).
  • Minutes: Written minutes must be kept, summarizing discussions and votes, and made available to the public within a reasonable time (W. Va. Code §6-9A-5).
  • Emergency Meetings: Allowed with less notice if urgent (e.g., natural disasters), but reasons must be documented (W. Va. Code §6-9A-3(d)).

Exceptions (Executive Sessions)

W. Va. Code §6-9A-4 permits closed sessions for specific matters, including:

  • Personnel issues (e.g., hiring, discipline), but not general policy.
  • Legal advice from counsel or pending litigation discussions.
  • Security arrangements (e.g., terrorism prevention).
  • Property purchases if publicity would affect price.

The agency must announce the reason for closing and vote to enter an executive session; no final action can be taken in private unless authorized by law.

Enforcement

Violations: Citizens can sue to void decisions made in non-compliant meetings within 180 days (W. Va. Code §6-9A-6). Courts may award attorney fees if the violation is willful.

Penalties: Knowing violations are a misdemeanor, with fines up to $500 for the first offense and $1,000 plus jail time (up to 10 days) for subsequent offenses (W. Va. Code §6-9A-7).

Example

The Monroe County Commission schedules a budget meeting for March 5, 2025. They post notice on February 28, listing the agenda publicly. During the meeting, they close the session to discuss a sheriff’s dismissal (permitted under §6-9A-4), then reopen to vote on the budget—all recorded in minutes.

 

 

2. Freedom of Information Act (W. Va. Code §29B-1-1 et seq.)

FOIA ensures public access to government records, reinforcing transparency in documentation rather than meetings.


Purpose and Scope

  • Intent: W. Va. Code §29B-1-1 states that citizens are entitled to inspect or copy public records to oversee government, as openness is a democratic cornerstone.
  • Covered Entities: Applies to all “public bodies”—state agencies, counties, municipalities, and their subdivisions (W. Va. Code §29B-1-2(3)). Records include writings, emails, or data held by these entities (W. Va. Code §29B-1-2(4)).

Key Requirements

  • Access: Anyone can request records without stating a reason (W. Va. Code §29B-1-3). Requests can be oral or written, though agencies may require written forms for clarity.
  • Response Time: Agencies must respond within five business days—providing records, denying with reasons, or explaining delays (W. Va. Code §29B-1-3(5)).
  • Fees: Copying costs can be charged (e.g., $0.25/page), but must be reasonable; initial inspection is free (W. Va. Code §29B-1-3(6)).
  • Format: Records must be provided in the requested format (e.g., electronic) if feasible (W. Va. Code §29B-1-3(4)).

Exceptions

W. Va. Code §29B-1-4 lists exemptions, including:

  • Personal privacy (e.g., Social Security numbers, medical records).
  • Law enforcement investigations (e.g., active case files).
  • Trade secrets or confidential commercial data.
  • Attorney-client privileged communications.
  • Security plans (e.g., courthouse blueprints).

W. Va. Code §29B-1-3(4) states:

“Each public body shall make available upon request all public records in its custody… except that nothing in this article shall be construed to require a public body to create or originate a record or document which does not exist at the time of the request.”

Agencies must justify denials by citing specific exemptions and may redact exempt portions while releasing the rest.

Enforcement

  • Appeals: If denied, requesters can sue in circuit court within one year (W. Va. Code §29B-1-5). Courts can order disclosure and award fees if the denial lacked basis.
  • Penalties: Willful obstruction is a misdemeanor, with fines up to $500 (W. Va. Code §29B-1-6).

Example

A journalist requests emails about a park project from the County Clerk on March 1, 2025. By March 6, the clerk provides them, redacting a staffer’s home address (exempt under §29B-1-4), charging $5 for 20 pages.



Why It Matters in West Virginia

West Virginia’s Sunshine Laws, rooted in Chapter 6, Article 9A and Chapter 29B, reflect a commitment to open governance in a state with a history of grassroots democracy and scrutiny of public officials—think coal industry oversight or flood response accountability. They empower citizens to attend a school board meeting in Fayette County or request budget records from Charleston, ensuring transparency isn’t just a slogan. Exceptions protect sensitive data, but the default is disclosure, aligning with the state’s motto, Montani Semper Liberi (“Mountaineers are Always Free”), through informed freedom.


Practical Implications

  • Public Participation: A citizen can attend a city council meeting in Huntington, thanks to §6-9A-3, or challenge a closed session if notice was skipped.
  • Record Access: A resident might use §29B-1-3 to get bridge inspection reports, holding officials accountable for infrastructure.

In summary, West Virginia’s Sunshine Laws—via the Open Meetings Act and FOIA—mandate open proceedings and accessible records, with clear rules in §6-9A-3 and §29B-1-3, tempered by exceptions in §6-9A-4 and §29B-1-4. They’re enforced through courts and penalties, ensuring government stays visible and answerable to Mountaineers.