West Virginia Code 6-9A-2 – Definitions
As used in this article:
Terms Used In West Virginia Code 6-9A-2
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- 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
- 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
- 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
- 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
- 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.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) "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) "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;
(B) An imminent threat of damage to public or private property; or
(C) 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.
(3) "Executive session" means any meeting or part of a meeting of a governing body which is closed to the public.
(4) "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; for the purposes of this article, a governing body of the Legislature is any standing, select or special committee, except the commission on special investigations, as determined by the rules of the respective houses of the Legislature.
(5) "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:
(A) Any meeting for the purpose of making an adjudicatory decision in any quasi-judicial, administrative or Court of Claims proceeding;
(B) Any on-site inspection of any project or program;
(C) Any political party caucus;
(D) 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
(E) Discussions by members of a governing body on logistical and procedural methods to schedule and regulate a meeting.
(6) "Official action" means action which is taken by virtue of power granted by law, ordinance, policy, rule, or by virtue of the office held.
(7) "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 the system of family law masters created by article four, chapter forty-eight-a of this code.
(8) "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.
(9) "Regular meeting" means a meeting of a governing body at which the regular business of the public is conducted.
(10) "Special meeting" means a meeting of a governing body other than a regular meeting or an emergency meeting.