PMH Open Meetings Law

 

What agencies are covered? 

The Act covers any administrative or legislative unit of state, county or municipal government including any subunit (e.g. committees) authorized by law to exercise some portion of executive or legislative power. The Act does not apply to courts or private organizations that receive government funding.

What is a governing body?

Two or more members of a public agency who have the authority to make decisions for, or recommendations to, the public agency on policy or administration is considered a governing body.

What is a meeting for purposes of the Open Meetings Act?

A “meeting” covered by the Act is a convening of a quorum of a governing body or subcommittee in order to make a decision or to deliberate towards a decision. Meetings may be held by telephone conference or other electronic means, such as video conference. In these instances, governing bodies must ensure that all their members can hear, and be heard by, each other and any media or member of the public present at the meeting.
When a quorum of a governing body discusses matters that would require official action by the governing body​, then this is a meeting. If this discussion takes place outside the confines of a public meeting—whether in person, by telephone, email or other telecommunication means — it is an illegal meeting. 

Where/how to post an agenda?

A governing body complies with the Act by posting its meeting agenda for each regularly scheduled meeting in a public place at its central office and by having copies of the agenda available there during regular business hours.

In addition, it may distribute agendas to the news media by mail, facsimile or e-mail. The agenda also may be posted on the governing body’s website if it has one. While additional dissemination to the public and the media is encouraged, failure to provide an agenda by such additional means will not invalidate an otherwise proper public meeting. 

ENFORCEMENT and PENALTIES  

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How is the Act enforced? 

The Ethics Commission has no role in enforcing the Act and does not investigate complaints of alleged violations.

The circuit court in the county where the public agency regularly meets has jurisdiction to enforce the Act upon civil action commenced by any citizen of this state within 120 days after the action complained of was taken or the decision complained of was made.  The circuit court is empowered to compel compliance or enjoin noncompliance with the Act and to annul a decision made in violation of the Act.  An injunction may also order that subsequent actions be taken or decisions be made in conformity with the Act.

It is a violation of the Act for a governing body to hold a private meeting with the intention of transacting public business, thwarting public scrutiny and making decisions that eventually become official action.

Citizens filing such civil actions should be advised that other requirements of the West Virginia Code, including at least 30 days’ notice of the suit to the state executive branch agency and the Attorney General, may be required.  This summary is of the Open Meetings Act’s provisions only.

Penalties for violating the Act

A public agency whose governing body is adjudged in a civil action to have conducted a meeting in violation of the … [Act] may be liable to a prevailing party for fees and other expenses incurred by that party in connection with litigating the issue of whether the governing body acted in violation of this article, unless the court finds that the position of the public agency was substantially justified or that special circumstances make an award of fees and other expenses unjust.

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