West Virginia Code § 6-9A-2

Definitions
Open in Lexace · Ask the AI about this section
As used in this article:
(1) "Decision" means any determination, action, vote or final disposition of a motion,
proposal, resolution, order, ordinance or measure on which a vote of the governing body is
required at any meeting at which a quorum is present.
(2) "Emergency meeting" means any meeting called by a governing body for the purpose of
addressing an unexpected event which requires immediate attention because it poses:
(A) An imminent threat to public health or safety;
(B) An imminent threat of damage to public or private property; or
(C) An imminent material financial loss or other imminent substantial harm to a public
agency, its employees or the members of the public which it serves.
(3) "Executive session" means any meeting or part of a meeting of a governing body which is
closed to the public.
(4) "Governing body" means the members of any public agency having the authority to make
decisions for or recommendations to a public agency on policy or administration, the
membership of a governing boedy consists of two or more members; for the purposes of this
article, a governing body of the Legislature is any standing, select or special committee,
except the commission oLn special investigations, as determined by the rules of the respective
houses of the Legislature.
(5) "Meeting" means the convening of a governing body of a public agency for which a
quorum is required in order to make a decision or to deliberate toward a decision on any
matter which results in an official action. Meetings may be held by telephone conference or
othWer electronic means. The term meeting does not include:
(A) Any meeting for the purpose of making an adjudicatory decision in any quasi-judicial,
administrative or Court of Claims proceeding;
(B) Any on-site inspection of any project or program;
(C) Any political party caucus;
(D) General discussions among members of a governing body on issues of interest to the
public when held in a planned or unplanned social, educational, training, informal,
ceremonial or similar setting, without intent to conduct public business even if a quorum is
present and public business is discussed but there is no intention for the discussion to lead
to an official action; or
(E) Discussions by members of a governing body on logistical and procedural methods to
schedule and regulate a meeting.
(6) "Official action" means action which is taken by virtue of power granted by law,
ordinance, policy, rule, or by virtue of the office held.
(7) "Public agency" means any administrative or legislative unit of state, county or municipal
government, including any department, division, bureau, office, commission, authority,
board, public corporation, section, committee, subcommittee or any other agency or subunit
of the foregoing, authorized by law to exercise some portion of executive or legislative
power. The term "public agency" does not include courts createdu by article eight of the West
Virginia Constitution or the system of family law masters created by article four, chapter
forty-eight-a of this code. t
(8) "Quorum" means the gathering of a simple majoritya of the constituent membership of a
governing body, unless applicable law provides for varying the required ratio.
(9) "Regular meeting" means a meeting of a gsoverning body at which the regular business of
the public is conducted.
(10) "Special meeting" means a meeting of a governing body other than a regular meeting or
an emergency meeting.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.