Board of Directors Visit Wood County for the Spring Board Meeting
Friday, 27 June 2014 00:00

The spring board meeting of the Board of Directors of the WV Association of Counties enjoyed the hospitality of Wood County June 8th to 10th and were welcomed by Wood County Commissioners Wayne Dunn, Blair Couch, and Steve Gainer; Assessor Rich Shaffer; Circuit Clerk Carole Jones. Prosecuting Attorney Jason Wharton and County Clerk Mark Rhodes also attended the meeting.

The meeting agenda items included committee reports for adoption of the FY 2015 budget and approval of preliminary plans for the 2015 Conference of Counties. The ProAct Prescription Discount Drug Card was endorsed and the Student Chapter of the Public Relations Society of America from WV State University presented a rough cut of the county government videos they are producing. A “cracker barrel session” for discussion of “the salary saga” was conducted followed by a review of legislative issues affecting counties at the “Issues and Eggs” breakfast meeting the next day.

New officers and board members were sworn in by Board Secretary, County Clerk Jan Pest. Monongalia County Sheriff Al Kisner closed out his presidency and Greenbrier County Assessor Steve Keadle began his term as President.

The President’s View
Friday, 27 June 2014 00:00

Happy 4th of July from Greenbrier County and the Greenbrier Classic. I hope some of you can make it here for the tournament and the Jimmy Buffett or Maroon 5 concerts. It promises to be an outstanding event and I look forward to seeing some of you on the Old White Course or at the concerts.

I want to begin by saying how much I appreciate Al Kisner’s time and effort that he put in during his term of office as President of the WVACO. A lot was accomplished due to his efforts and we were very fortunate to have his leadership.

I promise I will work diligently to carry on his work.

West Virginia Supreme Court Rules That a Public Body May Charge a Search or Retrieval Fee Pertaining to FOIA Requests for Public Records
Friday, 27 June 2014 00:00

By Jack McClung, WVACo Legal Counsel

The West Virginia Supreme Court of Appeals filed its opinion in the case styled RON KING, “Fire Marshal/Code Official” for the City of Nitro, et al v. RICHARD J. NEASE and LORINDA J. NEASE, husband and wife on April 10, 2014.

This case was an appeal by the city of Nitro from an order of the Kanawha County Circuit Court which granted summary judgment in favor of the Neases, on the issue of whether this state’s Freedom of Information Act or FOIA authorizes the collection of a search fee in connection with a document request. The issue centered around W.Va. Code §29B-1-3(5) which provides that “The public body may establish fees reasonably calculated to reimburse it for its actual cost in making reproductions of such records.” The circuit court held that the Legislature intended that “making reproductions” refers to “making copies” and that a search or retrieval fee could not be imposed under the FOIA statute. The Supreme Court revered the decision of the Circuit Court and held that “Pursuant to West Virginia Code §29B-1-3(5) 2012, a public body is vested with the authority and discretion to impose a search or retrieval fee in connection with a Freedom of Information Act request to provide public records provided that such fee is reasonable.”


West Virginia Association of Counties 2211 Washington Street East Charleston, WV 25311-2118