Photo by Steven Allen Adams The West Virginia chapter of the American Civil Liberties Union announced its intention to sue the state House of Delegates for violating the Open Governmental Proceedings Act.

Photo by Steven Allen Adams
The West Virginia chapter of the American Civil Liberties Union announced its intention to sue the state House of Delegates for violating the Open Governmental Proceedings Act.

CHARLESTON — The House of Delegates recommitted several bills to a committee Thursday after a civil liberties group threatened to sue after the committee continued to work without a functioning audio livestream.

The House recommitted several bills that were recommended for passage by the House Technology and Infrastructure Committee during its Wednesday morning committee meeting.

The committee continued its meeting even after discovering that the audio livestream for the House Government Organization Committee Room was not properly functioning.

“It was brought to our attention that persons who chose not to attend the (Technology and Infrastructure) meeting in person were having difficulty hearing the meeting due to technical difficulties,” said House Majority Leader Amy Summers, R- Taylor, on the House floor Thursday afternoon.

“As was announced on the floor this afternoon, the House Technology and Infrastructure Committee will meet again to take up the measures from (Thursday’s) agenda,” said House Speaker Roger Hanshaw, R-Clay, in a prepared statement.

“Staff members had been attempting to correct technology issues that were affecting sound quality this week, but when we became aware audio from a meeting was unusable, we made the decision to recommit the affected legislation and allow them to be debated again in committee for the benefit of the public,” Hanshaw continued.

The Technology and Infrastructure Committee met Thursday afternoon in the House chamber where the audio livestream is more reliable to discuss the bills on their previous day’s agenda once more.

In a press release Thursday morning, the West Virginia chapter of the American Civil Liberties Union announced its intention to sue the House of Delegates for violating the Open Governmental Proceedings Act for conducting the meeting knowing that the audio live stream was not functioning.

“The West Virginia Governmental Proceedings Act requires that, with few exceptions, ‘all meetings of any governing body shall be open to the public,'” the ACLU-WV stated. “Conducting a meeting when the only opportunity for public access is not available is a violation of the Act.”

“Members of the committee and legislative staff were notified once our organization became aware of the issue,” wrote Loree Stark, legal director for the ACLU-WV, in a letter to Hanshaw and House Clerk Steve Harrison. “We were informed that the committee and staff were already aware of this issue, and that the meeting would continue even though it meant that the public could not exercise its right to meaningfully participate in the legislative process.”

Gov. Jim Justice issued an executive order more than one year ago halting all non-official business and tours of the State Capitol Building due to the COVID-19 pandemic. That executive order remains in effect and has not been lifted or altered since last year, even as other restrictions on the public and businesses have been reduced or lifted.

The public are only allowed in by appointment, including guests of lawmakers and witnesses for committee meetings. While Justice has not lifted the executive order, sources confirmed that leaders of the House and state Senate asked the Governor to keep the executive order in effect at least through the beginning of the session. Lawmakers have just over two weeks left until the 60-day session ends on April 10.

Without access to the Capitol, the public only has access to video and audio livestreams of House and Senate floor sessions. The Senate also provides audio and video of Senate committee meetings with archived video available, revamping its video and audio systems in 2016.

The House only has audio livestreams of committees and has made no investments in its audio systems since they were first installed. Even committee meetings held in the House chamber, where video is available, only allow for audio livestream. House committees do use video for virtual public hearings, where the public can sign up and speak for or against legislation.

“House of Delegates staff members have worked diligently to conduct this year’s legislative session while maintaining safety and transparency,” Hanshaw said.