Any administrative or legislative unit of state, county or municipal government. This includes any subunit authorized by law to exercise some portion of executive or legislative power. ' 6-9A-2(6). The Act does not apply to courts.

At least two members of a public agency who have the authority to make decisions for or recommendations to a public agency on policy or administration. ' 6-9A-2(3).

When a governing body convenes to make a decision or recommendation or to deliberate toward a decision or recommendation. General discussions held in social, educational, training, ceremonial or similar settings are not meetings if there is no intent for the discussion to lead to official action. ' 6-9A-2(4)

Meetings to make an adjudicatory decision in any quasi-judicial or administrative proceeding; on site inspections; a political party caucus; or procedural discussions on scheduling and regulating meetings. ' 6-9A-2(4)

• Each governing body must promulgate rules for giving notice of all regularly scheduled and special meetings.

• Notice must include date, time, place and agenda or purpose, for special meetings.

• For meetings by a state executive branch agency, notice must be filed with the Secretary of State=s Office to appear in the state register at least five days prior to the meeting.      

• For all other public agencies, notice must be reasonable, given the locality. Examples of notice are: Newspaper notices; posting at a public building; local radio announcements; or web site postings.

Agendas must give reasonable notice to the public what issues will be discussed. Use of vague headings such as "old business" and "new business" is clearly insufficient. On the other hand, the item "hiring of Jane Doe for the position of art teacher" might be too specific if Ms. Doe decides to withdraw her application before the meeting. In this example, listing the agenda item as "filling position of art teacher" would allow the governing body some flexibility. The public should be given notice of significant additions or changes to the agenda. Each governing body should have rules on how such notice will be given. 

The West Virginia Ethics Commission’s Committee on Open Governmental Meetings gives written advisory opinions to governing bodies and its members on whether proposed action or action of an ongoing nature violates the law. The opinions provide the requester, as well as any governing body or member thereof in the same or substantially the same circumstances, an absolute defense in any civil suit or criminal prosecution if the opinion is relied upon in good faith. The Committee meets once a month, usually on the first Thursday of the month. Requests for written advisory opinions must be submitted in writing at least 10 days before.

The Ethics Commission’s Executive Director and Attorneys  also provide informal advice by telephone, but their opinions do not confer immunity.  
For more information, please call (304) 558-0664   Toll free: 1-866-558-0664 or e-mail: lewis.g.brewer@wv.gov

In requesting an advisory opinion, please note that the Committee on Open Governmental Meetings cannot provide advice on an action which has already taken place.  However, if the action is part of an ongoing course of conduct, an advisory opinion on continuing that course or practice may be requested.

Click here to view  recent open meetings opinions:   Opinions

Advisory opinion are filed with the Secretary of State=s Office. Open meetings advisory Opinions issued by the Committee on Open Governmental Meetings after June 9, 2006, are precedential.  Therefore, a governing body may have a defense against a civil suit or criminal prosecution if it relies in good faith upon an advisory opinion issued to another body. Governing bodies and their members who wish to verify that they are complying with the Act are encouraged to call the Commission's staff to determine if there is an existing precedent covering their particular circumstances.

The Committee on Open Governmental Meetings cannot review conduct which already occurred if it is not of a continuing nature. The Committee has no authority to investigate complaints about violations. Under the Act, any citizen may file a civil action in Circuit Court within 120 days after the action or decision complained of occurred. ' 6-9A-6. Only the Court has the power to compel compliance with the Act or annul a decision made in violation of the Act.   A willful and knowing violation of the Act is a criminal misdemeanor which may be prosecuted by the County Prosecuting Attorney.

Checklist for Compliance with the Open Meetings Act  (pdf document)

  To download the checklist, click here (pdf)

 Open Meetings Brochure, click here (pdf)

 (revised 4/2007)

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