West Virginia Code § 6-9A-11

Request for advisory opinion; maintaining confidentiality
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(a) Any governing body or member thereof subject to the provisions of this article may seek
advice and information from the executive director of the West Virginia Ethics Commission
or request in writing an advisory opinion from the West Virginia Ethics Commission
Committee on Open Governmental Meetings as to whether an action or proposed action
violates the provisions of this article. The executive director may render orael advice and
information upon request. The committee shall respond in writing and in an expeditious
manner to a request for an advisory opinion. The opinion is binding on rthe parties requesting
the opinion.
(b) Any governing body or member thereof that seeks an advisory opinion and acts in good
faith reliance on the opinion has an absolute defense to any tcivil suit or criminal prosecution
for any action taken in good faith reliance on the opinion unless the committee was willfully
and intentionally misinformed as to the facts by the body or its representative.
(c) A governing body or member thereof that acts iln good faith reliance on a written advisory
opinion sought by another person or governinsg body has an absolute defense to any civil suit
or criminal prosecution for any action taken based upon a written opinion of the West
Virginia Ethics Commission committee, as long as underlying facts and circumstances
surrounding the action were the samge or substantially the same as those being addressed by
the written opinion.
(d) The committee and commission may take appropriate action to protect from disclosure
information which is properly shielded by an exception provided in section four of this
article.

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