WV Open Meetings Act

The West Virginia Open Governmental Proceedings Act (also called the “Sunshine Law”), W.Va. Code §6-9A-1 through §6-9A-12, requires that the meetings of public agencies be conducted openly. It establishes notice requirements, limits on closed sessions, and citizens’ rights to attend, observe, and participate in government decision-making.

Declaration of Legislative Policy (§6-9A-1)

The Legislature hereby declares that it is the policy of this state that the public business shall be conducted in an open and public manner, and that the citizens of this state shall be afforded reasonable opportunity to be informed of the actions of their government and to participate in the decision-making process of their government.

W. Va. Code §6-9A-1

The Legislature recognizes that openness promotes better preparation, public input, and public confidence — while also acknowledging that not every government contact can or should be a public meeting.

Which Bodies Are Covered? (§6-9A-2)

The Act applies to any governing body — any board, commission, authority, or body with two or more members that exercises decision-making or recommending authority for a public agency.

Public agency is broadly defined to include state, county, municipal, and other local governmental units (executive, legislative, or administrative).

A meeting is any convening of a governing body at which a quorum is present to deliberate or decide official business. This includes telephonic and video conferences.

What is NOT a “meeting”

The Act does not apply to:

Purely adjudicatory hearings
On-site inspections
Casual social or educational gatherings held without intent to act on official business
Logistical or procedural discussions

Notice Requirements (§6-9A-3)

State Executive Branch Agencies

State executive branch agencies must electronically file notice with the Secretary of State at least 5 business days before the meeting. The day of the meeting is not counted. After-hours filings count as the next business day.

Notice must include: date, time, place, and purpose/agenda. The Secretary of State publishes notices on the public website and retains them for 10 years.

County, Municipal, and Other Local Bodies

All other governing bodies must make the date, time, place, and purpose/agenda available in advance to the public and news media. The specific timeline is set by each agency’s own promulgated rules, but must be “reasonable.” Failure to provide proper notice can result in a court invalidating any actions taken at that meeting (§6-9A-3(i)).

Emergency Meetings

When an emergency requires an unscheduled meeting, notice must be given as soon as practicable before the meeting and must state the facts and circumstances of the emergency. State agencies must still file electronically with the Secretary of State.

Bond Issues (§6-9A-6)

Actions on bond issues cannot be annulled if notice was given at least 10 days prior via a Class I legal advertisement.

Public Speaking Registration

Agencies may not require public speakers to register more than 15 minutes before the meeting starts.

Open Meeting Requirements (§6-9A-3, §6-9A-8)

All meetings of governing bodies must be open to the public unless a specific statutory exception applies. Agencies must adopt reasonable rules governing public attendance and speaking.

Secret ballots and “acting by reference” (taking votes by reference to an external document without reading it aloud) are prohibited. Agendas must be clear enough for the public to understand what will be decided.

Executive Sessions (Closed Meetings) (§6-9A-4)

A governing body may close a portion of a meeting only for one of 12 specific enumerated reasons established by statute, including:

Personnel matters (hiring, firing, discipline of a specific identifiable person)
Pending or threatened litigation
Matters that would require disclosure of personal information
Property transactions where premature disclosure could harm the public
Law enforcement matters
Security matters
Other specifically enumerated statutory grounds

Procedure required before closing:

A majority vote in open session to enter executive session
A public announcement of the exact statutory basis before closing

No final action or votes may be taken in executive session (with limited exceptions for certain personnel and student matters). Settlements involving public funds must be reported in open session.

Minutes (§6-9A-5)

Written minutes of every open meeting must be prepared and made available to the public within a reasonable time. Required contents:

Date, time, and place of the meeting
Members present and absent
All motions and votes (roll-call vote if requested by any member)
Disposition of all matters considered

Executive session minutes are not public records.

Recording and Broadcasting (§6-9A-9)

Agencies may regulate but cannot prohibit audio recording, photographing, or broadcasting meetings. Recording equipment must be permitted unless it actually interferes with the meeting.

Public Rights

Under the Act, citizens have the right to:

Attend and observe all open meetings (subject to reasonable rules and available space)
Receive advance notice and agendas
Speak to the governing body (without excessive pre-registration requirements)
Inspect and copy open-meeting minutes
Record or broadcast meetings without actual interference
Request binding advisory opinions from the Ethics Commission’s Open Governmental Meetings Committee (§6-9A-10 & §6-9A-11) — good-faith reliance on an advisory opinion is an absolute defense

Enforcement (§6-9A-6, §6-9A-7)

Any citizen may file suit in circuit court within 120 days of the alleged violation. Available remedies include:

Injunction
Court order voiding actions taken in violation of the Act
Attorney fees (if the plaintiff prevails and the agency was not substantially justified)

Willful violations are a misdemeanor punishable by a fine up to $500, with higher fines for repeat violations. Frivolous suits may result in the plaintiff paying the agency’s attorney fees.

Notice Deadlines — Quick Reference

Agency Type	Regular/Special Meeting	Emergency
State Executive Branch	≥5 business days (file with Sec. of State)	As soon as practicable
County/Municipal/Local	”In advance” per agency rules	As soon as practicable
Bond-issue meeting	≥10 days (Class I legal ad)	N/A