(a) Requirement.
(1) Except as expressly and specifically provided otherwise by law, whether heretofore or hereinafter enacted, and except as provided in subsection (b) hereof, all meetings of any governing body shall be open to the public. Any governing body may make and enforce reasonable rules and regulations for attendance and presentation at any meeting where there is not room enough for all members of the public who wish to attend, and this section shall not be construed to prohibit the removal from a meeting any member of the public, who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised; provided, that persons, who desire to address the governing body, may not be required to register to address the body more than fifteen minutes prior to time the scheduled meeting is to commence.
(2) Each governing body shall promulgate rules by which the date, time, place, and agenda of all regularly scheduled meetings and the date, time, place, and purpose of all special meetings are made available in advance to the public and news media, except in the event of an emergency requiring immediate official action.
(3) In the event of an emergency requiring immediate official action, any governing body of the executive branch of the Municipality may file an emergency meeting notice at any time prior to the meeting. The emergency meeting notice shall state the date, time, place, and purpose of the meeting and the facts and circumstances of the emergency.
(4) Upon petition by any adversely affected party, any court of competent jurisdiction may invalidate any action taken at any meeting for which notice did not comply with the requirements of this section.
(b) Exceptions.
(1) The governing body of a public agency may hold an executive session during a regular, special, or emergency meeting in accordance with the provisions of this section. During the open portion of the meeting, prior to convening an executive session, the presiding officer of the governing body shall identify the authorization under this section for holding the executive session and present it to the governing body and to the general public, but no decision may be made in the executive session.
(2) An executive session may be held only upon a majority affirmative vote of the members present of the governing body of a public agency. A public agency may hold an executive session and exclude the public only when a closed session is required for any of the following actions:
A. To consider acts of war, threatened attack from a foreign power, civil insurrection, or riot; and
B. To consider:
1. Matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of a public officer or employee or prospective public officer or employee, unless the public officer or employee or prospective public officer or employee requests an open meeting; or
2. For the purpose of conducting a hearing on a complaint, charge, or grievance against a public officer or employee, unless the public officer or employee requests an open meeting General personnel policy issues may not be discussed or considered in a closed meeting. Final action by a public agency having authority for the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of an individua1 shall be taken in an open meeting;
C. To decide upon disciplining, suspension, or expulsion of any student in any public school or public college or university, unless the student requests an open meeting;
D. To issue, effect, deny, suspend, or revoke a license, certificate, or registration under the laws of this Municipality, unless the person seeking the license, certificate or registration or whose license, certificate, or registration was denied, suspended, or revoked requests an open meeting;
E. To consider the physical or mental health of any person, unless the person requests an open meeting;
F. To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as records, data, reports, recommendations, or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, insurance, and similar program or institution operated by a public agency pertaining to any specific individual admitted to, or served by, the institution or program, or related to the individual's personal and family circumstances;
G. To plan or consider an official investigation or matter relating to crime prevention or law enforcement;
H. To develop security personnel or devices;
I. To consider matters involving or affecting the purchase, sale, or lease of property; advance construction planning; the investment of public funds; or other matters involving commercial competition, which if made public might adversely affect the financial or other interest of the City. Provided, that information relied on during the course of deliberations on matters involving commercial competition are exempt from disclosure under the open meetings requirements of this article only until the commercial competition has been finalized and completed. Provided, however, that information not subject to release pursuant to the West Virginia Freedom of Information Act does not become subject to disclosure as a result of executive session;
J. To avoid the premature disclosure of an honorary degree, scholarship, prize, or similar award;
K. Nothing in this article permits a public agency to close a meeting that otherwise would be open, merely because an agency attorney is a participant. If the public agency has approved or considered a settlement in closed session, and the terms of the settlement allow disclosure, the terms of that settlement shall be reported by the public agency and entered into its minutes within a reasonable time after the settlement is concluded;
L. To discuss any matter which by express provision of federal law or state statute or rule of court is rendered confidential, or which is not considered a public record within the meaning of the Freedom of Information Act as set forth in Article one, Chapter twenty-nine-b of the West Virginia Code
(Passed 12-2-99.)