Senate Bill No. 507
(By Senator Grubb)
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[Introduced March 22,1993;
referred to the Committee on Government Organization.]
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A BILL to amend and reenact sections six and seven, article
nine-a, chapter six of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section,
designated section eight, all relating to open governmental
meetings.
Be it enacted by the Legislature of West Virginia:
That sections six and seven, article nine-a, chapter six of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section eight, all to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL MEETINGS.
§6-9A-6. Enforcement by injunctions; actions in violation of
article voidable; voidability of bond issues.
The circuit court in the county where the public body
regularly meets or the judge thereof in vacation shall have
jurisdiction to enforce this article upon petition by any citizenof this state who can show good faith and a valid reason for
making the application. No bond shall be required unless the
petition appears to be without merit or made with the sole intent
of harassing or delaying or avoiding return by the governing
body.
Any injunction granted pursuant to the provisions of this
section may order that actions taken or decisions made in
violation of this article may be enjoined or annulled if the
petition therefor was filed within thirty one hundred twenty days
after the actions were taken or decisions made and may also order
that subsequent actions be taken or decisions be made in
conformity with the provisions of this article: Provided, That
no bond issue that has been passed or approved by any governing
body in this state may be held void under this section if notice
of the meeting at which such bond issue was finally considered
was given at least ten days prior to such meeting by a Class I
legal advertisement published in accordance with the provisions
of article three, chapter fifty-nine of this code in a qualified
newspaper having a general circulation in the geographic area
represented by that governing body.
§6-9A-7. Violation of article; penalties.
Any person who is a member of a public or governmental body
required to conduct open meetings in compliance with the
provisions of this article and who willfully and knowingly
violates the provisions of this article shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
less than one two hundred fifty dollars nor more than fivehundred one thousand dollars, or imprisoned in the county jail
not more than ten days, or both fined and imprisoned.
§6-9A-8. Attorney fees and costs.
Any person who files a successful petition pursuant to
section six of this article shall be entitled to recover his or
her attorney fees and court costs from the public body that
violated the provisions of this article.
NOTE: The purpose of this bill is to strengthen the state's
open governmental meetings law by extending the time period
needed to file a petition, increasing the criminal penalties for
violation of the law and allowing recovery of attorneys fees and
costs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.