W. Va. Code R. § 85-13-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-13-9 - Proceeding to be Open; Exceptions; Executive Session Permitted

9.1. All meetings of the Council shall be open to the public; Except that, an executive session closed to the public may be held during a regular or emergency meeting, after the presiding officer has identified the authorization under W. Va. Code § 6-9A-4 for the holding of such executive session and has presented it to the Council and to the general public. No decision by the Council may be made in the executive session.

9.2. An executive session may be held only upon an affirmative vote of three (3) Members for the following reasons (as set forth in W. Va. Code § 6-9A-4):

9.2.1. To consider matters of war, threatened attack from a foreign power, civil insurrection or riot;

9.2.2. To consider:

9.2.2.a. Matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a public officer or employee, or prospective public officer or employee unless the public officer or employee or prospective public officer or employee requests an open meeting; or

9.2.2.b. For the purpose of conducting a hearing on a complaint, charge or grievance against a public officer or employee, unless the public officer or employee requests an open meeting. General personnel policy issues may not be discussed or considered in a closed meeting. Final action by a public agency having authority for the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of an individual shall be taken in an open meeting;

9.2.3. To issue, effect, deny, suspend or revoke a license, certificate or resignation under the laws of this State or any political subdivision, unless the person seeking such license, certificate or registration or whose license, certificate or registration was denied, suspended or revoked requests an open meeting;

9.2.4. To consider the physical or mental health of any person, unless such person requests an open meeting;

9.2.5. To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, insurance and similar program or institution operated by a public agency pertaining to any specific individual admitted to or served by the institution or program, the individual's personal and family circumstances;

9.2.6. To plan or consider an official investigation or matter relating to crime prevention or law enforcement;

9.2.7. To develop security personnel or devices;

9.2.8. To consider matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving commercial competition, which if made public, might adversely affect the financial or other interest of the state or any political subdivision. Information relied on during deliberations on matters involving commercial competition are exempt from disclosure under the open meetings requirements of this article only until the commercial competition has been finalized and completed. However, information that is not subject to release pursuant to the West Virginia Freedom of Information Act does not become subject to disclosure as a result of executive session; or

9.2.9. To discuss any matter which, by express provision of federal law or state statute or rule of court is rendered confidential, or which is not considered a public record within the meaning of the Freedom of Information Act as set forth in W.Va. Code § 29B-1-1et seq.

9.3. The Council may limit the number of members of the public present for a meeting if there is not room enough for all members of the public who wish to attend. This limitation may take the form of a limit on the number of members of the public present or the amount of time individual members of the public may remain, or both.

9.4. The presiding officer is authorized to order the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised.

9.5. Upon an affirmative vote of three (3) Members, members of the public may be permitted to address the Council for a reasonable length of time or for such time as is fixed by the Council. Members of the public desiring to address the Council shall indicate their desire to do so by marking the register of attendance accordingly: Provided, That such person shall not be required to register to address the Council more than fifteen (15) minutes prior to the time the scheduled meeting is to commence.

9.6. All members of the public present for a meeting of the Council shall indicate their presence by signing their name to a register of attendance which may also require the giving of each such person's address and who such person is representing. If a member of the public is attending a meeting virtually, the person should indicate his or her presence verbally or through a chat or message function if participating through videoconferencing. Persons desiring to address the Council will also be required to provide the information set forth in section 10.2 of this rule.

W. Va. Code R. § 85-13-9