105.01 DEFINITIONS.
   As used in this chapter:
   (a)   "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
   (b)   "Executive session" means any meeting, or part of a meeting, of a governing body, which is closed to the public.
   (c)   "Governing body" means the members of any public body having the authority to make decisions for, or recommendations to, a public body on policy or administration, the membership of which consists of two or more members; for the purposes of this article governing body shall include the Common Council of the City of Spencer and all bodies politic created by the Common Council
   (d)   "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 other electronic means. The term meeting does not include:
      (1)   Any meeting for the purpose of making an adjudicatory decision in any quasi-judicial, administrative, or court of claims proceeding;
      (2)   Any on-site inspection of any project or program;
      (3)   Any political party caucus;
      (4)   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
      (5)   Discussions by members of a governing body on logistical and procedural methods to schedule and regulate a meeting.
   (e)   “Official action” means action which is taken by virtue of power granted by law, ordinance, policy, rule, or by virtue of the office held.
   (f)   "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 created by Article Eight of the West Virginia constitution or any system of family law masters if created by the West Virginia Code
   (g)   “Quorum” means the gathering of a simple majority of the constituent membership of a governing body, unless applicable law provides for varying the required ratio.
      (Passed 12-2-99.)