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Open
Governmental Meetings Advisory
Opinions
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Open Governmental Meetings Advisory
Opinions issued after July 1, 2006 are precedential. Those opinions are indexed
here and can be viewed as pdf documents.
Please direct any questions on these or other
Advisory Opinions to the WV Ethics Commission. (304)
558-0664.
Scroll down
the page for a Topical Index of Open Meeting
Opinions
Chronological
Index to Precedential Open Meetings Advisory
Opinions
Topical Index
of Opinions
Public Agency
2006-06 Wood
county Republican Executive Committee 2006-06
pdf
A political party executive committee established in
accordance with the State's Election Code is not a
"public agency" subject to the Open
Meetings Act.
2006-10 PadenCity City Council
2006-10
pdf
Standing committees of a City council are governing
bodies of public agencies subject to the
requirements of the Open Meetings Act.
2007-01 WV Statewide
Addressing and Mapping board
Committees and subcommittees which are authorized to
make recommendations to the parent governing body
need to comply with the act. 2007-01
pdf
2007-02 Hancock county
Senior Center
Private non-profit corporation receiving federal
funds for senior citizen programs is not a public
corporation covered by the Act. 2007-02
pdf
2007-04 McClellan
District Volunteer Fire Department 2007-04
pdf
Volunteer Fire department established as a private,
non-profit organization is not a public agency
subject to the
Act..
2007-07 Elks Run
Study Group 2007-07
pdf
As a governmental subunit created by joint
resolution of two municipalities, the Elks Run
Study Group is a public agency subject to the Act.
2008-01 West
Virginia Investment Management Board
2008-01
pdf
Subcommittees delegated decision-making authority to invest State funds
are subject to the Act
2008-03
Dunbar Municipal Police and Fire Pension boards
2008-03 pdf
Board of Trustees of municipal fire and police pension
funds established as public corporations are subject to
the Act
2008-04 Kanawha
County Commission
2008-04
Board of Ballot commissioners is subject to the Open
Meetings Act
2008-05 WV Board
of Optometry
2008-05
Joint committee with WV Optometric Association would be
subject to Act
Sending Board Member to attend meetings of Optometric
Association will not make that organization subject to
the Act.
2008-06 Kanawha
County Board of Education
2008-06
Local School Improvement Council is a public agency
subject to the Act.
2008-07
Parkersburg/Wood County Convention & Visitors
Bureau
2008-07
Non-profit corporation receiving proceeds from
hotel occupancy tax is not a public agency covered by
the Act
2008-14
Unemployment Compensation Solutions Task Force
2008-14
Task Force
established by Governor's Executive Order to make
recommendations on certain problems facing Unemployment
Compensation Trust Fund is governing body of Public
Agency subject to Act.
2008-16 West Virginia Board
of Education/West Virginia School board Association
Board Member Training Standards Review Committee.
2008-16
Joint committee
with private organization whose members are appointed by
public agency is a governing body of a public agency
subject to the Act.
2009-03 Kanawha County Commission
2009-03
"Meeting Defined"
2006-09
Jefferson county Planning Commission 2006-09pdf
Email may be used by staff and members to submit
drafts and proposals in advance of a meeting;
Email may not be used to conduct a dialogue on
the merits of a matter requiring official action;
Staff and members may use Email freely to discuss
logistical matters
2006-10 PadenCity
City Council 2006-10
pdf
City Council committee may conduct site visits of
properties under their authority
Any deliberation or discussion on the merits of
any official action to be taken or proposed must
take place in a meeting conducted under the Act.
2007-01 WV Statewide
Addressing & Mapping Board
2007-01
pdf
Less than a quorum of 11-member Board who gather
to discuss matters requiring official action does
not involve a "meeting" subject to the
Act.
Serial communications and E-mails may not be used
to subvert the Act
A "status conference" for progress
reports attended by a quorum of the Board is a
"meeting" under the Act.
2007-03 Huntington Sanitary
Board 2007-03
pdf
Two members of a three-member governing body who
gather to deliberate toward a decision
on any matter requiring official action are
"meeting" under the Act
A series of meetings involving less than a quorum
intended to avoid holding a "meeting"
subject to the Act is not authorized.
2007-08 Hedgesville Town council
2007-08
pdf
A
gathering of less than a quorum is not a "meeting"
subject to the Act
May not employ a series of gatherings to avoid a
meeting
A
quorum may discuss logistical matters outside a
formal meeting
Educational, training and social gatherings are not
"meetings" so long as members refrain from
deliberating toward a decision on a matter requiring
official action.
2008-02 Hardy
County Commission
2008-02
pdf
An exit conference involving a quorum of the
Commission and a representative of the State
Auditor's Office regarding a draft of the county's
annual audit is not a "meeting" so long as the
Commissioners refrain from deliberating toward a
decision
2008-08 Board of Funeral
Service Examiners
2008-08.pdf
Public hearings regarding disciplinary matters are not
"meetings" subject to the requirements of the Act.
SEE ALSO 2008-13
2008-09 Manufactured Housing
Construction and Safety Standards Board
2008-09.pdf
Staff may provide packets of information to Board
Members in advance of a meeting
SEE ALSO 2006-09
Other than the agenda and draft minutes, the Act does
not compel advance dissemination of pre- decisional
documents to the public or media.
A quorum may meet with industry representatives so long
as Board Members do not engage in discussion which
involves deliberating toward a decision on a matter
requiring official action.
"Work Sessions" are meetings where a quorum is present
and matters requiring official action are discussed and
considered, but no votes are taken or decisions made.
2008-13 Permanent Total
Disability Reviewing Board
2008-13
Board's activity in reviewing applications for permanent
total disability under State's workers' compensation law
involves adjudicatory function exempt from Act.
SEE ALSO
2008-08
2008-18 Boone County Board of Education
2008-18
Educational or training workshops are not meetings
subject to the Act.
2009-03 Kanawha County Commission
2009-03
Notice and Agenda
2006-07 WV Board of
Respiratory Care
2006-07pdf
Meeting agenda should be issued a reasonable
time in advance of a regular meeting;
Three business days provides adequate advance
notice of agenda
2006-11 Fountain Public
Service District 2006-11
pdf
Not required to publish meeting notice in State
Register but must give "reasonable" notice
of meetings
Must post notice of special meeting two business
days in advance
see also OMAO
2006-15 &
2007-06
2006-14 Hardy county Rural
Development authority 2006-14
pdf
Generic descriptions in agenda are inadequate to
inform public of matters requiring official action
2006-15 Clay County Board of
Education 2006-15
pdf
Meeting agendas for regular meetings should be
made available three business days in advance
Notice of special meetings should be posted two
business days in advance. Agendas may be amended up
to two business days before the meeting to include
items not known at the time the original agenda was
prepared and the amended agenda must be provided to
the public and media in the same manner as the
original agenda.
2007-05 City of
Dunbar 2007-05
pdf
Sudden event that threatens public health and safety
is an emergency
Emergency must require official action to justify
giving reasonable notice
Explain nature of emergency in meeting notice;
repeat explanation in minutes
Hiring outside legal counsel to examine financial
records is not an
emergency
2007-06 Raleigh County Emergency Services
Authority
2007-06 pdf
Must
post notice of special meeting at least two days in
advance of the meeting date
In
counting the days, the day of the meeting as well as
Saturdays, Sundays and legal holidays are excluded
The
purpose or purposes of the special meeting should be
described in the special meeting notice
2007-09 Harrison County
Commission
2007-09
pdf
Governing body of public agency which meets weekly,
or more frequently, may issue its meeting agenda two
business days in advance of each meeting.
2007-10 Clarksburg Water Board
2007-10 pdf
"Pending claims" or "potential litigation" does not
provide specific notice of matters to be considered at
meeting
"Discuss pending lawsuit of Doe vs. Board with legal
counsel" or "Discuss citizen's claim that her lawn was
damaged by a crew repairing a water leak" would provide
proper notice of proposed or pending litigation.
2008-09 Manufactured Housing
Construction and Safety Standards Board
2008-09.pdf
"Work
sessions" are subject to same notice requirements as
other meetings.
2008-11 Mingo County Board of Education
2008-11
No
requirement to list changing order of business on
meeting agenda
2008-17 Jefferson County Ambulance
Authority
2008-17
"Unresolved
personnel issues" is not an adequate agenda listing
Agenda need
not state that item will or may be addressed in
executive session
Merits of
item not listed on agenda should not be discussed and
decided unless it involves an emergency requiring
immediate official action
Disapproving a portion of a lawyer's bill is not an
emergency
2009-02 Hampshire county Board of Health
2009-02
2009-04 Point Pleasant City Council
2009-04
Rules
2006-07 WV Board of
Respiratory Care 2006-07
pdf
...Governing bodies of State agencies must publish
notice of regular and special meetings in the State
Register five (5) calendar days in advance.
2008-15 City of Oak Hill
2008-15
Act
permits governing body to limit speakers making public
comments to 3 minutes
Speakers may be required to provide name, address and
subject of comments
Approved rule for changing meeting venue to accommodate
large crowd
Clerk
may erase meeting recordings after minutes approved.
Executive Session
2006-13 City of
Follansbee Water board 2006-13
pdf
Executive session may be held to discuss item not
on meeting agenda only under limited circumstances
Authorization for going into executive session may
be described generically
General personnel policies should not be discussed
in executive session pursuant to the "personnel" exemption
2007-03 Huntington Sanitary
Board 2007-03
pdf
Executive session permissible to
discuss matters protected by attorney-client
privilege.
Negotiating strategy for collective bargaining talks
may be developed with negotiator in executive
session.
2007-10 Clarksburg Water Board
2007-10
Upon proper motion and majority vote, executive
session may address multiple agenda items
May approve proposed settlement in executive
session, but terms of final settlement must be
reported.
2008-10 Kanawha County Board of
Education
2008-10.pdf
Establishing goals and objectives for Superintendent as
part of evaluation process is a personnel matter that
may be discussed in executive session.
Committee is not authorized to decide whether school
code requires goals and objectives for Superintendent be
discussed in executive session.
2008-17 Jefferson County
Ambulance Authority
2008-17
Agenda need not state that item will or may be addressed
in executive session
Employee personnel matter should be voted upon in public
Additional matter not covered by motion to go into
executive session should not be raised and discussed in
executive session
2009-02 Hampshire county Board of Health
2009-02
2009-04 Point Pleasant City Council
2009-04
2009-05 Point Pleasant City Council
2009-05
Open Meetings Act does not require personal notice to
person who may be subject of discussion under personnel
exception during executive session.
Governing bodies are encouraged to consult with their
attorneys to ensure that other rights, such as
constitutional due process rights, if any, of affected
employees, are protected when those bodies discuss
personnel matters.
Governing bodies are encouraged to provide notice in
those situations where the essential functions of the
governing body are not compromised by such notice.
Meeting Procedures
2006-05
Berkeley County Planning Commission
2006-05 pdf
Public comment periods are not mandatory under the
Act. A Governing body may set a
"reasonable" time limit for public
comments. A time limit of three minutes per
speaker during public comment period is not
unreasonable.
2007-12 Kanawha county Board
of Education
2007-12
Board Members
may question Superintendent and staff regarding matters
not on agenda
Board members
may question speakers appearing during public comment
period regarding matters not on agenda
If a
matter raised by speakers or Board Members is not on
agenda, the members must not transition into a dialogue
or deliberation toward a decision
Members
may discuss logistical matters such as whether to place
an issue on a future agenda or when to hold a special
meeting.
2008-11 Mingo County Board of Education
2008-11
Governing bodies have inherent discretion to change
order of business during meeting
Governing body determines what point in meeting to
accept public comment
Minutes
2008-09 Manufactured Housing
Construction and Safety Standards Board
2008-09 pdf.
Minutes
must be maintained for all "work sessions"
Work
sessions minutes may be combined into single document
with minutes of subsequent meeting.
Board
has discretion whether to record its work sessions.
2008-12 WV Board of Accountancy
2008-12pdf
Governing body has discretion whether to record its
meetings to aid in preparation of meeting minutes
No requirement to maintain recording after minutes are
approved
2009-01 Mercer County Board of Education
2009-01
Must include in the meeting minutes the name of an
employee the Board has disciplined if a vote was taken.
Miscellaneous
2006-05
Berkeley County Planning Commission
2006-05
pdf
The Act does not authorize the Committee to rule on
time limits or procedures for conducting a
statutorily mandated "public hearing".
Quorum
2006-08 Marshall
County E 911 Board 2006-08
pdf
Absent explicit authority in the law creating an
E-911 Board, a simple majority is required for a
quorum; board is not authorized to adopt a lower
requirement
2006-12 West Virginia
Health Information Network 2006-12
pdf
W.VA. Code §16-29G-2(d) provides explicit
authority for a quorum of less than 50 percent of
the members.
2006-14 Hardy county Rural
Development authority 2006-14
pdf
No authority in Act for action taken
by less than a quorum
2007-11 West Virginia Medical
Imaging and Radiation Therapy Technology Board of
Examiners
2007-11
Ordinarily, vacant positions are not counted in
determining a quorum
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