Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-14-9 - Proceeding to be Open; Exceptions; Executive Session Permitted9.1. All meetings of the Board 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 office has identified the authorization under W. Va. Code § 6-9A-4 for the holding of such executive session and has presented it to the Board and to the general public, but no decision shall be made in such executive session.9.2. An executive session may be held only upon an affirmative vote of six (6) Members for the following (as stated in W. Va. Code § 6-9A-4) reasons:a. Matters of war, threatened attack from a foreign power, civil insurrection or riot; orb. The appointment, employment, retirement, promotion, demotion, disciplining, resignation, discharge, dismissal or compensation of any public officer or employee, or other personnel matters, or for the purpose of conducting a hearing on a complaint against a public officer or employee, unless such public officer or employee requests an open meeting; orc. The issuance, effecting, denial, suspension or revocation of 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; ord. The physical or mental health of any person, unless such person requests an open meeting; ore. Matters which, if discussed in public, would be likely to affect adversely the reputation of any person; orf. The development of security personnel or devices; org. Matters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving competition which, if made public, might adversely affect the financial or other interest of the state or any political subdivision.9.3. The Board 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 chairperson 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 six (6) Members, members of the public may be permitted to address the Board for a reasonable length of time or for such time as is fixed by the Board. Members of the public desiring to address the Board 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 Board more than fifteen minutes prior to the time the scheduled meeting is to commence.9.6. All members of the public present for a meeting of the Board 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. The register of attendance shall also provide a place for members of the public who wish to address the Board to so indicate.