Terms Used In West Virginia Code > Chapter 6 > Article 9A - Open Governmental Proceedings

• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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. See West Virginia Code 6-9A-2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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:

  (A) An imminent threat to public health or safety. See West Virginia Code 6-9A-2

• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executive session: means any meeting or part of a meeting of a governing body which is closed to the public. See West Virginia Code 6-9A-2
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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. See West Virginia Code 6-9A-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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. See West Virginia Code 6-9A-2
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Official action: means action which is taken by virtue of power granted by law, ordinance, policy, rule, or by virtue of the office held. See West Virginia Code 6-9A-2
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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. See West Virginia Code 6-9A-2
• Quorum: The number of legislators that must be present to do business.
• 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. See West Virginia Code 6-9A-2
• Regular meeting: means a meeting of a governing body at which the regular business of the public is conducted. See West Virginia Code 6-9A-2
• Select or special committee: A committee established by the legislature for a limited time period to perform a particular study or investigation. These committees might be given or denied authority to report legislation to the legislature.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Special meeting: means a meeting of a governing body other than a regular meeting or an emergency meeting. See West Virginia Code 6-9A-2
• Statute: A law passed by a legislature.
• Venue: The geographical location in which a case is tried.