H. B. 4515
(By Delegates Amores, Palumbo, Houston, Ellem and Foster)
[Introduced February 18, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §6-9A-11 of the code of West Virginia,
1931, as amended, giving precedential application to advisory
opinions issued by the committee on open governmental
meetings.
Be it enacted by the Legislature of West Virginia:
That §6-9A-11 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-11. Request for advisory opinion; maintaining
confidentiality.
(a) Any governing body or member thereof subject to the
provisions of this article may seek advice and information from the
executive director of the West Virginia ethics commission or
request in writing an advisory opinion from the West Virginia
ethics commission committee on open governmental meetings as to
whether an action or proposed action violates the provisions of this article. The executive director may render oral advice and
information upon request. The committee shall respond in writing
and in an expeditious manner to a request for an advisory opinion.
The opinion shall be is binding on the parties requesting the
opinion.
(b) Any governing body or member thereof that seeks an
advisory opinion and acts in good faith reliance on the a written
advisory opinion has an absolute defense to any civil suit or
criminal prosecution for any action taken in good faith reliance on
the opinion.
(c) The committee and commission may take appropriate action
to protect from disclosure information which is properly shielded
by an exception provided for in section four of this article.
Strike-throughs indicate language that would be stricken from
the present law. Underscoring indicates new language that would be
added.