How to File a Public Records Request in Morgantown, West Virginia

What Is the West Virginia Freedom of Information Act?

The West Virginia Freedom of Information Act (WV-FOIA), W. Va. Code §§ 29B-1-1 through 29B-1-7, guarantees every person the right to inspect or copy any public record held by a public body in the state. The law was enacted to provide full and complete information to all persons about the workings of government and the acts of public officials and employees. Its provisions must be liberally construed in favor of disclosure.

A "public record" is broadly defined as any writing containing information relating to the conduct of the public's business, prepared, owned, and retained by a public body — regardless of physical form. This encompasses permits and applications, meeting minutes and agendas, contracts and vendor agreements, emails and electronic communications, budgets and financial reports, police incident reports, and more. The definition is explicitly technology-neutral.

Key exemptions include trade secrets, records that would constitute an unreasonable invasion of personal privacy, law enforcement records compiled for internal use only, internal deliberative memoranda, and records specifically exempted by other statutes. However, all exemptions are narrowly construed. The burden of proof to justify withholding any record rests entirely on the public body — not on the requester.

Read the full text of the West Virginia Freedom of Information Act (W. Va. Code §§ 29B-1-1 through 29B-1-7)

How to File a Public Records Request with the City of Morgantown

How to Submit Your Request

The City of Morgantown requires that all public records requests be submitted using the City's official WVFOIA Request Form, available on the FOIA Request page at morgantownwv.gov. The completed form may be delivered by email to [email protected] (the fastest method) or by U.S. mail, postage prepaid, addressed to: City of Morgantown, c/o City Manager, Custodian of Public Records, 430 Spruce Street, Morgantown, WV 26505. The City may accept requests submitted without the official form, but is not obligated to do so, and its five-business-day response clock does not begin until a properly completed WVFOIA Request Form is received. For requests that will require significant reproduction costs, the City may require a deposit before proceeding. You may request a fee waiver on the form, though the City is not obligated to grant it.

Download Required Form

What to Include in Your Request

• Your full legal name and mailing address (required by the City's FOIA Policy)
• A specific description of the records you are requesting, with 'reasonable specificity' as required by W. Va. Code § 29B-1-3(d)
• The date range or time period the records cover, if applicable
• Your preferred format for receiving records (electronic copies, paper copies, or in-person inspection)
• A statement of any fee waiver request, with supporting explanation
• Contact information (phone number or email) so the City can reach you with questions or to arrange inspection

Response Deadlines and What to Expect

Under W. Va. Code § 29B-1-3, the custodian of public records must respond as soon as practicable, but within a maximum of five business days (not counting Saturdays, Sundays, or legal holidays) from receipt of a properly submitted request. The City of Morgantown's clock begins upon receipt of a completed WVFOIA Request Form — not an informal email or phone inquiry.

Within that five-business-day window, the City must take one of three actions: (1) provide the records, (2) advise you of the time and place at which you may inspect and copy the materials, or (3) deny the request in writing, stating the specific legal reasons for denial. Unlike some states, West Virginia's WV-FOIA does not provide a statutory extension period for complex or voluminous requests. If you receive no response within five business days, that silence may be treated as a constructive denial.

For reproduction costs, the City may charge fees based solely on actual reproduction costs. The City may not charge a search fee or bill time on a man-hour basis for locating records. For large requests, the City may require a deposit up to the full estimated reproduction cost before beginning work. No specific per-page fee is published on the City's FOIA page; contact the City Manager's Office for a cost estimate before submitting large requests.

What to Do If Your Request Is Denied or Delayed

If the City of Morgantown denies your request, it must do so in writing, citing the specific exemption(s) under W. Va. Code § 29B-1-4 that justify withholding each record. The denial must also notify you that the City's responsibility to produce the records is at an end and that you have the right to seek relief in court. Partial denials must release all non-exempt portions of the record.

Common grounds for denial include claims that records contain personal privacy information, relate to ongoing law enforcement investigations, or fall under other statutory exemptions. If you believe the denial is wrong, do not accept it as final. West Virginia's WV-FOIA does not require an internal administrative appeal — you can move directly to the courts.

If you receive no response within five business days, this silence can be treated as a constructive denial, giving you standing to file in court immediately.

On the attorney fees front, West Virginia has one of the stronger fee-shifting rules in the country: under W. Va. Code § 29B-1-7, any person who successfully brings a FOIA lawsuit is entitled to recover attorney fees and court costs from the public body. Recovery of fees is mandatory upon prevailing — there is no requirement to show the agency acted in bad faith or that the denial was frivolous. This provision makes it practical for individuals and journalists to enforce their rights even when the cost of litigation might otherwise be prohibitive.

Steps to Appeal

1. Review the denial letter carefully and identify the specific exemption(s) cited; research whether they actually apply to your records under W. Va. Code § 29B-1-4.
2. Contact the City Manager's Office at (304) 225-4213 or [email protected] to clarify or narrow your request — sometimes a conversation resolves the issue informally.
3. Send a written follow-up challenging the denial, citing the liberal-construction mandate in W. Va. Code § 29B-1-1 and identifying any factual or legal errors in the City's reasoning.
4. Consult the West Virginia Attorney General's FOIA Handbook (available at privacy.wv.gov) for guidance on common exemption disputes and your rights.
5. File a petition for injunctive or declaratory relief in the Circuit Court of Monongalia County under W. Va. Code § 29B-1-5 — this is the primary enforcement mechanism under WV-FOIA.
6. If you prevail in court, you are entitled to recover reasonable attorney fees and court costs from the City of Morgantown under W. Va. Code § 29B-1-7 (mandatory for any successful plaintiff).
7. Note that willful violations of WV-FOIA by a custodian constitute a misdemeanor under W. Va. Code § 29B-1-6, punishable by a fine of $200 to $1,000 and/or up to 20 days in jail — egregious cases may be referred to the county prosecutor.

Types of Records You Can Request from Morgantown, West Virginia

The City of Morgantown generates a wide variety of public records in the course of administering city government. The following are common record types that residents, journalists, researchers, and businesses regularly request.

• City Council meeting minutes, agendas, and resolutions
• City ordinances and municipal code amendments
• City Manager correspondence and internal communications
• Building permits, zoning variances, and land use applications
• Development Services project files and inspection reports
• City contracts, procurement records, and vendor agreements
• City budget documents, audits, and financial statements
• Morgantown Police Department incident reports and use-of-force records
• Fire Department incident logs and inspection records
• Public works project records, street maintenance logs, and utility infrastructure reports
• City employee salary and compensation records (aggregate/non-exempt)
• Grant applications and Community Development Block Grant (CDBG) records
• Environmental compliance reports and permit records
• City vehicle fleet and equipment inventory records
• Records of complaints filed with the City and their resolutions

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Morgantown to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Morgantown