West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-13 - Procedural Rules for the Industrial Council › Section 85-13-9 - Proceeding to be Open; Exceptions; Executive Session Permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All meetings
				of the Council shall be open to the public; Except that, an executive session
				closed to the public may be held during a regular or emergency meeting, after
				the presiding officer has identified the authorization under W. Va. Code §
									6-9A-4 for the holding
				of such executive session and has presented it to the Council and to the
				general public. No decision by the Council may be made in the executive
				session.
9.2. An executive session
				may be held only upon an affirmative vote of three (3) Members for the
				following reasons (as set forth in W. Va. Code §
									6-9A-4):
9.2.1. To consider matters of war, threatened
				attack from a foreign power, civil insurrection or riot;
9.2.2. To consider:
9.2.2.a. Matters arising from the
				appointment, employment, retirement, promotion, transfer, demotion,
				disciplining, resignation, discharge, dismissal or compensation of a public
				officer or employee, or prospective public officer or employee unless the
				public officer or employee or prospective public officer or employee requests
				an open meeting; or
9.2.2.b. For
				the purpose of conducting a hearing on a complaint, charge or grievance against
				a public officer or employee, unless the public officer or employee requests an
				open meeting. General personnel policy issues may not be discussed or
				considered in a closed meeting. Final action by a public agency having
				authority for the appointment, employment, retirement, promotion, transfer,
				demotion, disciplining, resignation, discharge, dismissal or compensation of an
				individual shall be taken in an open meeting;
9.2.3. To issue, effect, deny, suspend or
				revoke a license, certificate or resignation under the laws of this State or
				any political subdivision, unless the person seeking such license, certificate
				or registration or whose license, certificate or registration was denied,
				suspended or revoked requests an open meeting;
9.2.4. To consider the physical or mental
				health of any person, unless such person requests an open meeting;
9.2.5. To discuss any material the disclosure
				of which would constitute an unwarranted invasion of an individual's privacy
				such as any records, data, reports, recommendations or other personal material
				of any educational, training, social service, rehabilitation, welfare, housing,
				relocation, insurance and similar program or institution operated by a public
				agency pertaining to any specific individual admitted to or served by the
				institution or program, the individual's personal and family
				circumstances;
9.2.6. To plan or
				consider an official investigation or matter relating to crime prevention or
				law enforcement;
9.2.7. To develop
				security personnel or devices;
9.2.8. To consider matters involving or
				affecting the purchase, sale or lease of property, advance construction
				planning, the investment of public funds or other matters involving commercial
				competition, which if made public, might adversely affect the financial or
				other interest of the state or any political subdivision. Information relied on
				during deliberations on matters involving commercial competition are exempt
				from disclosure under the open meetings requirements of this article only until
				the commercial competition has been finalized and completed. However,
				information that is not subject to release pursuant to the West Virginia
				Freedom of Information Act does not become subject to disclosure as a result of
				executive session; or
9.2.9. To
				discuss any matter which, by express provision of federal law or state statute
				or rule of court is rendered confidential, or which is not considered a public
				record within the meaning of the Freedom of Information Act as set forth in
				W.Va. Code §
										29B-1-1
et seq
.