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

What Is the West Virginia Freedom of Information Act?

The West Virginia Freedom of Information Act (WV-FOIA), codified at W. Va. Code § 29B-1-1 et seq., establishes the right of every person to inspect or copy public records maintained by government bodies in West Virginia. As the statute itself declares, citizens delegating authority to public servants do not surrender the right to know what those servants do on their behalf. The law applies broadly to all branches and levels of government, including municipalities like Martinsburg.

A "public record" under the WV-FOIA includes any writing — broadly defined to encompass paper documents, electronic files, emails, photographs, audio and video recordings, maps, and computer data — created or maintained by a public body in connection with its official functions. Examples include city council meeting minutes, building permits, contracts, email communications of city officials, zoning decisions, police incident reports (subject to certain limitations), and budget documents.

Key exemptions include trade secrets, records whose disclosure would constitute an unwarranted invasion of personal privacy, certain law enforcement investigatory files, attorney-client privileged communications, and specific post-9/11 security-related categories. West Virginia courts have consistently held that disclosure provisions are to be liberally construed, while exemptions are strictly construed. The burden of justifying any withholding rests on the government, not 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 Martinsburg

How to Submit Your Request

The City of Martinsburg does not require a specific form to submit a FOIA request, but all requests must be in writing. The city processes FOIA requests through its GovQA online portal, accessible from the city's FOIA page at cityofmartinsburg.org. Creating a GovQA account allows you to track your request status and retrieve records electronically. Alternatively, you may email your written request directly to rlee@cityofmartinsburg.org, at which point a GovQA account will be created for you. Written requests may also be mailed or delivered in person to the City Recorder's Office at City Hall, 232 N. Queen Street (2nd Floor). Be as specific as possible when describing the records you are seeking; the city will contact you if it cannot understand your request.

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, and/or email)
• A specific and detailed description of the records being requested (date ranges, document types, subject matter, department)
• Your preferred format for receiving records (electronic copies, paper copies, or in-person inspection)
• A fee threshold above which you want to be notified before reproduction proceeds (e.g., 'please notify me if costs will exceed $25')
• A citation to the West Virginia FOIA (W. Va. Code § 29B-1-1 et seq.) to establish the legal basis for your request
• Any known identifiers that will help locate the records, such as permit numbers, project names, meeting dates, or employee names/titles

Response Deadlines and What to Expect

Under W. Va. Code § 29B-1-3, the custodian of any public records — including the City of Martinsburg's City Recorder — must respond to a FOIA request as soon as practicable but within a maximum of five business days (excluding Saturdays, Sundays, and legal holidays). Unlike many other states, West Virginia does not distinguish between resident and non-resident requesters; the five-business-day deadline applies equally to everyone.

A legally valid response means the city must do one of three things within that window: (1) furnish copies of the requested information; (2) advise you of the time and place where you may inspect and copy the materials; or (3) deny the request in writing, stating specific reasons and citing the applicable statutory exemption(s). Importantly, West Virginia law contains no express extension provision — the five-day deadline is firm. MuckRock data shows that while the statutory deadline is five days, real-world response times for Martinsburg can be significantly longer; following up in writing is advisable if you receive no response within the deadline.

Fees are limited to actual reproduction costs under W. Va. Code § 29B-1-3(e). The city charges $0.25 per page for documents normally distributed to the public. Agencies may not charge for search or retrieval time. Requesting electronic records whenever possible can reduce or eliminate copying costs.

What to Do If Your Request Is Denied or Delayed

Receiving a denial — or hearing nothing at all — is frustrating, but West Virginia law gives you meaningful options.

If your request is denied, the city's written denial must identify the specific statutory exemption under W. Va. Code § 29B-1-4 that justifies withholding each record. A blanket denial without citing a specific exemption is itself a legal deficiency. Read the denial carefully and note whether it covers all records requested or only some — the city is required to produce any non-exempt portions of a partially exempt document.

If the city does not respond within five business days, that silence can be treated as a constructive denial. Send a follow-up written communication — via email to rlee@cityofmartinsburg.org — referencing the original request date and the five-day statutory deadline under W. Va. Code § 29B-1-3.

Unlike most states, West Virginia has no formal administrative appeal process and no public records ombudsman. If informal follow-up does not resolve the issue, your next step is to petition the Berkeley County Circuit Court (located at 380 West South Street, Martinsburg, WV 25401) for injunctive or declaratory relief under W. Va. Code § 29B-1-5. This direct court access is actually an advantage — you do not have to exhaust any administrative appeals before suing.

Perhaps most significantly, under W. Va. Code § 29B-1-7, any requester who successfully sues and wins access to wrongfully withheld records is entitled to recover attorney fees and court costs from the public body. This fee-shifting provision applies to any successful requester, not just those who prove the denial was frivolous. It creates a strong incentive for agencies to comply — and for attorneys to take meritorious cases on a contingency basis. Additionally, willful obstruction of a FOIA request is a misdemeanor under W. Va. Code § 29B-1-6, punishable by a fine up to $500.

Steps to Appeal

1. Contact the City Recorder directly via email (rlee@cityofmartinsburg.org) or phone (304) 264-2131 to ask for clarification or reconsideration of the denial or delay.
2. Send a formal follow-up letter citing W. Va. Code § 29B-1-3 and the five-business-day response deadline; document this in writing and retain a copy.
3. Review the denial letter carefully to confirm whether a specific statutory exemption under W. Va. Code § 29B-1-4 was cited for each withheld record; a legally deficient denial can itself be raised in court.
4. Escalate to the City Manager's Office (304-264-2131, Ext. 277) or to a City Council member, as political attention can sometimes resolve compliance issues informally.
5. If informal efforts fail, file a petition for injunctive or declaratory relief in the Berkeley County Circuit Court, 380 West South Street, Martinsburg, WV 25401, under W. Va. Code § 29B-1-5; there is no administrative appeal to exhaust first.
6. If you prevail in court, seek attorney fees and court costs under W. Va. Code § 29B-1-7, which are available to any successful plaintiff — not just those who can prove the denial was frivolous.
7. Consider contacting a media law attorney or a civil liberties organization familiar with West Virginia FOIA litigation if the records involve significant public interest issues.

Types of Records You Can Request from Martinsburg, West Virginia

The City of Martinsburg generates and maintains a wide variety of records through its municipal operations. Under the West Virginia Freedom of Information Act, any writing held by a public body in connection with its official functions is presumptively public unless a specific statutory exemption applies.

• City Council meeting agendas, minutes, and supporting packets
• City ordinances and municipal code amendments
• Building permits, site plans, and zoning variance applications
• City contracts, procurement records, and vendor agreements
• City budget documents, financial statements, and audit reports
• Police incident reports and crime logs (subject to active-investigation limitations)
• Code enforcement complaints and violation records
• City employee salary and payroll records (names and compensation are generally public)
• Planning Department land use and development review files
• Grant applications and federal/state funding records
• City infrastructure inspection and maintenance records
• Mayor and City Council correspondence related to city business
• Traffic engineering studies and accident location data
• Intergovernmental agreements and memoranda of understanding

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

Tips for Effective Public Records Requests in Martinsburg