W. Va. Code » §29B-1-2. Definitions.
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W. Va. Code § 29B-1-2 (2026)

Definitions

✓ current as of May 2026
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CHAPTER 29B. FREEDOM OF INFORMATION.

All Articles
ARTICLE 1. PUBLIC RECORDS.

§29B-1-2. Definitions.

As used in this article:

(1) “Custodian” means the elected or appointed official charged with administering a public body.

(2) “Law-enforcement officer” shall have the same definition as this term is defined in W.Va. Code §30-29-1: Provided, That for purposes of this article, “law-enforcement officer” shall additionally include those individuals defined as “chief executive” in W.Va. Code §30-29-1.

 (3) “Person” includes any natural person, corporation, partnership, firm or association.

 (4) “Public body” means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission council or agency thereof; and any other body which is created by state or local authority or which is primarily funded by the state or local authority.

 (5) “Public record” includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public’s business.

 (6) “Writing” includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.

(7) “Publicly-administered utility enterprise” includes electric power generation, transmission, and distribution systems; water supply and distribution systems; wastewater including stormwater collection, treatment, and disposal systems of all types; public transportation systems; solid waste collection and disposal systems and facilities; or other public entity providing utility services, excluding airports, which are owned or administered by a governmental entity.

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1984–2025 · leading case: State Ex Rel. Brooks v. Zakaib, 588 S.E.2d 418 (W. Va. 2003).
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State Ex Rel. Brooks v. Zakaib, 588 S.E.2d 418 (W. Va. 2003). · cites it 4× “, W. Va.Code § 29B-1-2(3) (1977) (Repl.Vol.”
State Ex Rel. Wyant v. Brotherton, 589 S.E.2d 812 (W. Va. 2003). · cites it 4× “" W.Va.Code § 29B-1-2 (1977) (Repl.Vol.2002).”
W.P. Co. v. U.S. Dep't of Just. (In re Nat'l Prescription Opiate Litig. HD Media Co.), 927 F.3d 919 (6th Cir. 2019). “]"); W. Va. Code § 29B-1-2(5) (" 'Public record' includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business.”
Highland Mining Co. v. West Virginia Univ. Sch. of Med., 774 S.E.2d 36 (W. Va. 2015). · cites it 5× “To invoke the “internal memoranda” exemption set forth in West Virginia Code § 29B-1-4(a)(8) (2012) successfully, the public body must show that in the context in which the materials are prepared or considered, the documents are both predecisional and deliberative to its…”
Associated Press v. Canterbury, 688 S.E.2d 317 (W. Va. 2009). · cites it 3× “” W. Va.Code § 29B-1-2(4). This definition neither expressly nor implicitly makes a document a public record merely because of public interest in the record.”
Farley v. Worley, 599 S.E.2d 835 (W. Va. 2004). · cites it 2× “" W. Va.Code § 29B-1-2(4). And, while observing that FOIA's policy "is to allow as many public records as possible to be available to the public [,]" our recognition as to the disclosure of documents originated from the broader recognition that agencies have "a responsibility to…”
Roger Hurlbert & Sage Info. Servs. v. Mark Matkovich & Sallie Robinson, 760 S.E.2d 152 (W. Va. 2014). · cites it 8× “” W. Va. Code § 29B-1-2(1). Petitioner asserts that the Tax Commissioner 4 In addition to the primary assignments of error addressed herein, petitioners asserted that the circuit court erred by 1) relying on affidavits submitted by respondents; 2) failing to reach the…”
California State Univ., Fresno Ass'n v. Superior Court, 108 Cal. Rptr. 2d 870 (Cal. Ct. App. 2001). “” (W.Va. Code § 29B-1-2(3) (1966), italics added.”
In Re Charleston Gazette FOIA Request, 671 S.E.2d 776 (W. Va. 2009). · cites it 2× “" The statute defines "public body" as every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation,…”
Affiliated Constr. Trades Found. v. Univ. of West Virginia Bd. of Trs., 557 S.E.2d 863 (W. Va. 2001). · cites it 2× “[1] W.Va.Code § 29B-1-2(3) (1977). [2] Prevailing Wage Legislation: The Davis-Bacon Act, State "Little Davis-Bacon Acts," the Walsh-Healey Act, and the Service Contract Act, The Wharton School, Industrial Research Unit, University of Pennsylvania 1988.”
State Ex Rel. Paige v. Canady, 475 S.E.2d 154 (W. Va. 1996). · cites it 2× “Respondents assert that petitioner is a party to this action because, under W.Va. Code § 29B-1-2, Commissioner Paige is legislatively designated as the custodian of the public records sought by the Sturgeons.”
Disabato v. South Carolina Ass'n of Sch. Administrators, 746 S.E.2d 329 (S.C. 2013). “supported wholly or principally by public funds”); W. Va.Code § 29B-1-2 (defining a "public body” subject to the act as including "any other body .”
Show all 22 citing cases →
W. Va. Code § 29B-1-2(1): 2 cases
Roger Hurlbert & Sage Info. Servs. v. Mark Matkovich & Sallie Robinson, 760 S.E.2d 152 (W. Va. 2014). “” W. Va. Code § 29B-1-2(1). Petitioner asserts that the Tax Commissioner 4 In addition to the primary assignments of error addressed herein, petitioners asserted that the circuit court erred by 1) relying on affidavits submitted by respondents; 2) failing to reach the…”
Sattler v. Holliday, 318 S.E.2d 50 (W. Va. 1984).
W. Va. Code § 29B-1-2(2): 2 cases
Roger Hurlbert & Sage Info. Servs. v. Mark Matkovich & Sallie Robinson, 760 S.E.2d 152 (W. Va. 2014). “” W. Va. Code § 29B-1-2(1). Petitioner asserts that the Tax Commissioner 4 In addition to the primary assignments of error addressed herein, petitioners asserted that the circuit court erred by 1) relying on affidavits submitted by respondents; 2) failing to reach the…”
Armstrong v. NEWVA Enter., 23 Va. Cir. 352 (1991).
W. Va. Code § 29B-1-2(3): 7 cases
State Ex Rel. Brooks v. Zakaib, 588 S.E.2d 418 (W. Va. 2003). “, W. Va.Code § 29B-1-2(3) (1977) (Repl.Vol.”
Highland Mining Co. v. West Virginia Univ. Sch. of Med., 774 S.E.2d 36 (W. Va. 2015). “To invoke the “internal memoranda” exemption set forth in West Virginia Code § 29B-1-4(a)(8) (2012) successfully, the public body must show that in the context in which the materials are prepared or considered, the documents are both predecisional and deliberative to its…”
California State Univ., Fresno Ass'n v. Superior Court, 108 Cal. Rptr. 2d 870 (Cal. Ct. App. 2001). “” (W.Va. Code § 29B-1-2(3) (1966), italics added.”
In Re Charleston Gazette FOIA Request, 671 S.E.2d 776 (W. Va. 2009). “" The statute defines "public body" as every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation,…”
Affiliated Constr. Trades Found. v. Univ. of West Virginia Bd. of Trs., 557 S.E.2d 863 (W. Va. 2001). “[1] W.Va.Code § 29B-1-2(3) (1977). [2] Prevailing Wage Legislation: The Davis-Bacon Act, State "Little Davis-Bacon Acts," the Walsh-Healey Act, and the Service Contract Act, The Wharton School, Industrial Research Unit, University of Pennsylvania 1988.”
W. Va. Code § 29B-1-2(4): 6 cases
Associated Press v. Canterbury, 688 S.E.2d 317 (W. Va. 2009). “” W. Va.Code § 29B-1-2(4). This definition neither expressly nor implicitly makes a document a public record merely because of public interest in the record.”
Farley v. Worley, 599 S.E.2d 835 (W. Va. 2004). “" W. Va.Code § 29B-1-2(4). And, while observing that FOIA's policy "is to allow as many public records as possible to be available to the public [,]" our recognition as to the disclosure of documents originated from the broader recognition that agencies have "a responsibility to…”
Highland Mining Co. v. West Virginia Univ. Sch. of Med., 774 S.E.2d 36 (W. Va. 2015). “To invoke the “internal memoranda” exemption set forth in West Virginia Code § 29B-1-4(a)(8) (2012) successfully, the public body must show that in the context in which the materials are prepared or considered, the documents are both predecisional and deliberative to its…”
Serv. Emps. Int'l Union Local 925 v. Univ. of Wash., 447 P.3d 534 (Wash. 2019).
Affiliated Constr. Trades Found. v. Reg'l Jail & Corr. Facility Auth., 490 S.E.2d 708 (W. Va. 1997).
W. Va. Code § 29B-1-2(5): 5 cases
W.P. Co. v. U.S. Dep't of Just. (In re Nat'l Prescription Opiate Litig. HD Media Co.), 927 F.3d 919 (6th Cir. 2019). “]"); W. Va. Code § 29B-1-2(5) (" 'Public record' includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business.”
Gray Media Grp., Inc., d/b/a WSAZ v. West Virginia Dep't of Health & Human Resources (2024).
In re Nat'l Prescription Opiate Litig. (6th Cir. 2019).
HD Media Co., LLC d/b/a Charleston Gazette-Mail v. West Virginia Univ. Bd. of Governors (2024).
Bruce Fein v. Robert Peckenpaugh & Wheeling Park Comm'n (2025).
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