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ARTICLE · 14 APRIL 2011

Work Session, Discussion, or Board "Meeting" - A Slippery Slope

Boards of education often wish to gather together to "touch base" with members of their community or merely wish to discuss and work through issues they are facing, without any intention to take official board action or have a formal board meeting.

United StatesLitigation, Mediation & Arbitration

Boards of education often wish to gather together to "touch base" with members of their community or merely wish to discuss and work through issues they are facing, without any intention to take official board action or have a formal board meeting. Such sessions are certainly useful and have the potential to be very productive, but, as we all know, the West Virginia Open Governmental Proceedings Act places many restrictions on how and when board members may convene as a group, what may take place, and what, if any, public notice is required.

The applicable West Virginia statute defines "meetings" which are subject to the open meetings requirements at W. Va. Code § 6-9A-2, as follows:

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