Request Items
West Virginia Public Records Custodian for Fayette County
Ruth A. Lanier, Pursuant to the West Virginia Freedom of Information Act (W. Va. Code §29B-1 et. seq) (the “Act”), I write to request access to and a copy of a listing of all Fayette County full- time employees’ first, middle and last names including their title/position, primary [campus/office] information, date of hire and email address. Please provide this information in an electronic format such as Excel or .csv format to this email address. If you do not maintain these public records, please let me know who does and include the proper custodian’s name and address pursuant to the Act. See W. Va. Code § 29B-1-2(1). As provided by the Act, I will expect your response within five (5) working days of your receipt of this request. See W. Va. Code § 29B-1-3 (d). If you cannot comply with the time periods established by the statutes herein referenced, I will anticipate to receive an acknowledgment and completed request as soon as practicable and without unreasonable delay. If you believe this information is not public, or choose to deny this request, I ask that you immediately notify me and provide the specific statutory exemption(s) upon which you rely. See W. Va. Code § 29B-1-3 (d)(3). If part of the information is public and part is not, please provide all portions of the public record that are not excluded. I agree to pay any reasonable fees associated with this request not to exceed the actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. See W. Va. Code § 29B-1-3 (e). Please provide a receipt indicating the charges for each document. It is the public policy of the State of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to the full and complete information regarding the affairs of the government and the official acts of those who represent them as public officials and employees. W. Va. Code § 29B-1-1. As such, we look forward to your response. Thank you in advance for your assistance. Sincerely, Andrew Carlton [email protected] www.notionize.org
Granted
? Ami Dangerfield; ? Ruth Lanier ? Dear Mr. Carlton: We are in receipt of your FOIA request dated June 12, 2024 and I am writing to respond to the same. I would advise that under the West Virginia FOIA there is no obligation on the part of a government body to mail, transmit, or otherwise send the requested records to the person making the request. On the contrary, the West Virginia Code §29B-1-3(c) specifies the following: "(t)the custodian of any public records, ... shall furnish proper and reasonable opportunities for inspection and examination of the records in his or her office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours..." In light of the plain language of the West Virginia FOIA, I am writing to advise that the records you are requesting are available for your review at the Office of the Fayette County Administrator which is located in the Fayette County Courthouse, 100 North Court Street, Fayetteville, West Virginia. The Fayette County Courthouse is open Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m., state recognized holidays excepted. In closing, I appreciate your consideration in this matter. Anthony Ciliberti, Jr. Prosecuting Attorney for Fayette County, West Virginia 108 East Maple Avenue Fayetteville, WV 25840 304-574-4230