W. Va. Code R. § 153-41-2

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-41-2 - Definitions

2.1. "AdLaw" means the Administrative Law Division within the Secretary of State's Office.

2.2. "Agency" means a public agency that is an 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 (see W. Va. Code § 6-9A-2(7)).

2.3. "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.

2.4. "Emergency meeting" means any meeting called by a governing body for the purpose of addressing an unexpected event which requires immediate attention because it poses:

2.4.1. An imminent threat to public health or safety;

2.4.2. An imminent threat of damage to public or private property; or

2.4.3. An imminent material financial loss or other imminent substantial harm to a public agency, its employees or the members of the public which it serves.

2.5. "Filer" means the individual(s) who has been granted authority by the agency to file a meeting notice on its behalf.

2.6. "Governing body" means the members of any public agency having the authority to make decisions for or recommendations to a public agency on policy or administration, the membership of a governing body consists of two or more members. This should be the name of the group having the meeting.

2.7. "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.

2.8. "Official action" means action which is taken by virtue of power granted by law, ordinance, policy, rule, or by virtue of the office held.

2.9. "Posted" means the meeting notice has been reviewed by SOS staff and is now viewable online.

2.10. "Provisions" means the provisions of the Open Governmental Meetings Act, W. Va. Code §6-9A et seq.

2.11. "Regular meeting" means a meeting of a governing body at which the regular business of the public is conducted.

2.12. "SOS" means Secretary of State.

2.13. "Special meeting" means a meeting of a governing body other than a regular meeting or an emergency meeting.

W. Va. Code R. § 153-41-2