West Virginia

Open Governmental Meetings Act

Formally: West Virginia Open Governmental Meetings Act

W. Va. Code §§ 6-9A-1 to 6-9A-12

Read the statute →

Sunshine Score: 48/100 (moderate)
48/100

Sunshine Score

48/100
Weak
Methodology v0.1
Advance Notice 3 days, online posting required
Public Comment Not required, remote allowed
Closed Sessions 4 permitted categories
Minutes Required
Recording Not required
Remote Participation Allowed
Enforcement Voidable, legislature exempt

Agenda & Notice Requirements

Regular Meetings
3 days
Special Meetings
2 days
Emergency Meetings
0 hours

Online posting: Required

File notice on Secretary of State website at least 5 business days before meeting for state agencies; advance notice with date, time, place, and agenda for all public bodies

Agenda changes at meeting: Allowed — majority vote

Public Participation

Public Comment
Not required
Written Comment
Not allowed

West Virginia Open Governmental Proceedings Act (W. Va. Code § 6-9A-1 et seq.) does not mandate a public comment period. Bodies set their own comment rules.

Virtual Meetings

Member Remote Participation
Allowed
Counts Toward Quorum
Yes
Public Remote Comment
Allowed

Allowed under W. Va. Code § 6-9A; meetings may be held by telephone conference or videoconference with all members able to hear and be heard and media/public present at the meeting able to hear participants. Quorum may be established via remote participation. Ethics Commission 2023 advisory opinion confirms remote meeting validity.

Closed Sessions

Closed (executive) sessions: Allowed under specific circumstances

Permitted Categories

Meeting Minutes

Minutes Required
Yes
Publication Deadline
5 days

Online posting: Not required

Content requirements: date, time, place, members present, all resolutions/ordinances/motions (W.Va. Code § 6-9A-5)

Recording & Broadcast

Recording Required
No
Broadcast Required
No

Enforcement

Violation Effect
Voidable
Standing to Sue
Any person
Enforcement Body
Circuit Court

Scope

This law applies to:

  • City
  • County
  • School District
  • Special District

Legislature: Exempt (follows own rules)

Accessibility & Language Access

ADA accessibility: ADA Title II applies to all public meetings. The state statute does not add requirements beyond federal law; reasonable accommodations must be provided on request.

Language access: No statutory language-access mandate beyond federal Civil Rights Act Title VI obligations for recipients of federal funds.

Sources & References

← Back to Open Meetings & Public Notice Laws

The specific rules for West Virginia may differ from this general description. Consult the full statute for details.