Pancake, 042717 WVAGO, AGO 042717

Case DateApril 27, 2017
CourtWest Virginia
Mr. F. Cody Pancake, III
AGO 042717
No. 042717
West Virginia Attorney General Opinions
State of West Virginia Office of the Attorney General
April 27, 2017
         Mr. F. Cody Pancake, III          Prosecuting Attorney          Office of the Prosecuting Attorney of Mineral County          P.O. Drawer 458          Keyser, WV 26726          Patrick Morrisey, Attorney General          Dear Prosecutor Pancake:          You have asked for an Opinion of the Attorney General regarding whether volunteer fire departments are required to conduct meetings under the Open Meetings Act (the "Act"). This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office." To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Attorney General's Office.          In your letter, you explain that Jason R. Sites, Esquire wrote you to request an opinion from this Office as to whether local volunteer fire departments are required to conduct meetings under the Open Meetings Act. You note that the volunteer fire departments receive public funds, and explain that you think that the departments are subject to the Act. In his letter to you, Mr. Sites explains that many of the local volunteer fire departments want their meetings to be open to members only except for a period of public comment designated on the agenda. He explains that he has reviewed the West Virginia Open Meetings Act and is of the opinion that the fire departments are not required to conduct open meetings because they are not public agencies or governing bodies under West Virginia Code § 6-9A-2. Mr. Sites explains that he also reviewed Chapter 29 of the Code relating to fire departments and could not find any guidance on fire department meetings.          Your letter raises the following specific legal question:          Does the West Virginia Open Meetings Act require local volunteer...

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