Open Open GovernmentalGovernmental

Proceedings ActProceedings Act

WV Code 6-9A-1 through 12WV Code 6-9A-1 through 12

Applies Applies to:to:

• All Governing Bodies of public agenciesAll Governing Bodies of public agencies

• Standing Committees of Governing BodiesStanding Committees of Governing Bodies

• Any Ad Hoc Committee that has a Any Ad Hoc Committee that has a majority of its members being members majority of its members being members of a Governing Bodyof a Governing Body

• Any Committee with two or more Any Committee with two or more members of the Governing Body that will members of the Governing Body that will make recommendations to Governing make recommendations to Governing BodyBody

Meetings Meetings Subject to Subject to

ActAct• Any convening of a governing body for Any convening of a governing body for

which a quorum is required to make a which a quorum is required to make a decision or deliberate toward a decision or deliberate toward a decision on any matter which results in decision on any matter which results in an official actionan official action

• Includes convening of committees that Includes convening of committees that have authority to take action or make have authority to take action or make recommendations recommendations

NOTNOT A A MeetingMeeting

• On-site inspectionsOn-site inspections

• Discussions on logistical and procedural Discussions on logistical and procedural methods to schedule and regulate a methods to schedule and regulate a meetingmeeting

• General discussions in social, educational, General discussions in social, educational, training, informal, ceremonial, or similar training, informal, ceremonial, or similar settings without intent to conduct public settings without intent to conduct public business or for the discussion to lead to business or for the discussion to lead to an official action an official action

RequiremRequirements if a ents if a MeetingMeeting

• Notice of meeting published in the Notice of meeting published in the State Register at least 5 calendar days State Register at least 5 calendar days before meetingbefore meeting

• Notice to include date, time, and place Notice to include date, time, and place of meetingof meeting

• Notice for emergency meetings filed Notice for emergency meetings filed anytime prior to meeting but anytime prior to meeting but circumstances of emergency must be circumstances of emergency must be detaileddetailed

AgendasAgendas• Agendas must be available to public at Agendas must be available to public at

least 3 calendar days before meetingleast 3 calendar days before meeting

• May be amended prior to meeting if an May be amended prior to meeting if an emergency occurs emergency occurs

• Agenda items must be specific enough Agenda items must be specific enough for public to be aware of the issues to be for public to be aware of the issues to be discusseddiscussed

• Vague headings on agenda to be avoidedVague headings on agenda to be avoided

Actual Actual MeetingMeeting

• Quorum must be obtainedQuorum must be obtained

• Only items on the agenda may be acted uponOnly items on the agenda may be acted upon

• Items not on the agenda but raised at the Items not on the agenda but raised at the meeting may be discussed to the extent meeting may be discussed to the extent necessary to determine whether future action necessary to determine whether future action needs to be consideredneeds to be considered

• Members may question staff or audience on Members may question staff or audience on issues raised issues raised

• Governing Body not required to allow members of Governing Body not required to allow members of the public to speakthe public to speak

• Reasonable rules may be adopted to regulate the Reasonable rules may be adopted to regulate the meetingmeeting

• Disruptive individuals may be removed from meetingDisruptive individuals may be removed from meeting

• If members of public allowed to speak they may not If members of public allowed to speak they may not be required to sign up to speak more than 15 be required to sign up to speak more than 15 minutes prior to the meetingminutes prior to the meeting

• No secret ballots or proxy votes allowedNo secret ballots or proxy votes allowed

Actual Actual MeetingMeeting

• Members may attend telephonically but they Members may attend telephonically but they must be audible to members of the public must be audible to members of the public and mediaand media

• Votes may not be taken by reference to a Votes may not be taken by reference to a letter, number or other designation rendering letter, number or other designation rendering it difficult for the public to know what action it difficult for the public to know what action is being taken unless an agenda or other is being taken unless an agenda or other materials are available for inspection by the materials are available for inspection by the public detailing the actionpublic detailing the action

Actual Actual MeetingMeeting

Executive Executive SessionSession

• Only authorized by majority vote of Only authorized by majority vote of governing bodygoverning body

• Statutory exemption or generic description Statutory exemption or generic description must be set out in the motion to go into must be set out in the motion to go into executive sessionexecutive session

• No votes taken in executive sessionNo votes taken in executive session

• May only discuss items in executive session May only discuss items in executive session consistent with the motion and vote takenconsistent with the motion and vote taken

Executive Executive Session Session

ExceptionsExceptions• Acts of war or civil insurrectionActs of war or civil insurrection• Personnel matters—but not general personnel Personnel matters—but not general personnel

policy issuespolicy issues

• Student disciplineStudent discipline

• Issuance or revocation of a licenseIssuance or revocation of a license

• Physical or mental health of a personPhysical or mental health of a person

• Material the disclosure of which would constitute Material the disclosure of which would constitute an unwarranted invasion of an individual’s privacyan unwarranted invasion of an individual’s privacy

• Official investigations relating to law enforcementOfficial investigations relating to law enforcement

• Security personnel or devicesSecurity personnel or devices

• Matters involving purchases of property, Matters involving purchases of property, investment of funds, or commercial competition investment of funds, or commercial competition which if made public might adversely affect the which if made public might adversely affect the state’s financial intereststate’s financial interest

• To avoid the premature disclosure of a honorary To avoid the premature disclosure of a honorary degree, prize, or similar awarddegree, prize, or similar award

• Attorney-client privileged communicationsAttorney-client privileged communications

Executive Executive Session Session

ExceptionsExceptions

MinutesMinutes

• Must be available to public within Must be available to public within reasonable timereasonable time

• Reflect date, time and place of meeting and Reflect date, time and place of meeting and which members were present and absentwhich members were present and absent

• Contain all motions and their dispositionContain all motions and their disposition

• If an emergency meeting, or emergency If an emergency meeting, or emergency agenda item added, facts and agenda item added, facts and circumstances constituting emergencycircumstances constituting emergency

FailureFailure to to ComplyComply

• Circuit Court actions may be filed up to Circuit Court actions may be filed up to 120 days after complained of action taken 120 days after complained of action taken to enforce compliance or annul a decisionto enforce compliance or annul a decision

• Willful and knowing violations are a Willful and knowing violations are a misdemeanor with a fine of not more than misdemeanor with a fine of not more than $500$500

• Subsequent offenses are fines of no less Subsequent offenses are fines of no less than $100 nor more than $1000than $100 nor more than $1000