A member of the BFD has challenged our community to determine who is lying. The problem is that we don't really know what was said that constitutes a lie. All I did was ask for what Charlie asked for in the Pocahontas Times. In fact, that is where I got the request.
Charlie wants an accounting for the dollars and copies of the minutes where the board voted to buy the property at Greenbank. That is a request, not a statement of fact. How can a question constitute a lie? Perhaps Keith will enlighten us.
Here's the conversation:
Since the legal FOIA request was sent and the 5 days to respond have expired with NO legal compliance of the proper request to BFD the WV Corporation #36179 is in violation of WV Code. This Corporate entity is to be in full compliance with the WV not for profit Corporate Act. If BFD is non complaint with the Act as far as how public funds are being used, and there is valid question to the legal compliance with the "non profit act", or with their approved Articles of Incorporation then a review of this Corporate entity is warranted. It may likely be found that they will need to dissolve (with full inventory, public accounting, of all assets, and also done with all debts), and to Incorporate as a for profit corporation, with new Articles of Incorporation. The issue with BFD is IF they charge a fee which is legally a form of taxation, and take public funds (which seem to be stated as mandatory), or have any business dealings with any State, County, or municipal government
ReplyDeleteThese citizens funds via this Fire Tax/fee which are stated to be mandatory, and some public body seems to enforce this compliance to pay this TAX then the County and municipalities are also liable for any non compliance by BFD. Under WV Code all citizens of the state are to be given services and protections for many things, including fire, rescue, emergency services. All of their records are public record.
What needs to be provided is all Original Articles of Incorporation, any amendments, ALL By laws, any amendments, letters of notification, Minutes, recordation of votes, all resolutions, and financial records, information on all property including real-estate holdings, any Bonds/securities, loans in and out, etc.. The required notice of process address is BFD FIRE COMPANY, PO BOX 267, DURBIN, WV, 26264. This corporation is authorized in WV as 6219 - Health Care and Social Assistance - Ambulatory Health Care Services - Other Ambulatory Health Care Services (ambulance services, blood & organ banks). The Secretary of the Corporation JANET GHIGO is to be the full legal keeper, authenticator, and distributor to all on the board, and WV SOS for ALL the Corporations files and records. Current filed with the West Virginia Secretary of State Directors and Principle Officers are: Director JESSICA VARNER (ASST. DUPUTY CHIEF) 149 MAPLE ST, DURBIN, WV, 26264, USA
Incorporator A. S. HILL, DURBIN, WV, 26264, USA
Incorporator MARVIN L. BURNER, FRANK, WV, USA
President KENNETH VARNER, PO BOX 267,DURBIN, WV, 26264
Secretary JANET GHIGO, PO BOX 267, DURBIN, WV, 26264
Treasurer SANDRA VARNER, PO BOX 267, DURBIN, WV, 26264
Vice-President JOHN SIMMONS, PO BOX 267, DURBIN, WV, 26264
Yes there is a Simmons as Vice President of this Corporation.
The problem with this Fire Departments Corporations as we see clearly with the one in Marlinton one is that they are acting as public services or utilities, and are further governed under other Federal and West Virginia codes. As we saw from the Articles of Incorporation of the Marlinton Fire Dept they are not even in compliance with their Articles of Incorporation with the State which Eugene Simmons drew up. Further it was shown that it is a Corporation with voting MEMBER owners. But they do not follow WV code for such a corporation. They also have major entanglements with local PUBLIC elected, and appointed officials and public money not just from each citizen they engage with in the Fire fee tax, but also with who owns what, and how money flows back and forth. Really I would say that FIOAs need to be filed on all fire departments that operate in Pocahontas County, as all those records are PUBLIC records. Then there needs to be an investigation done by a governing and oversight body into the legality of all of this. There are clear inconsistencies, as well as non compliance, and no accountability for citizens private, or public funds
WV FOIA www.legis.state.wv.us/wvcode/code.cfm?chap=29b Mandates WV Secretary of state maintains a online publicly accessible database of all FOIA requests. ALL state agencies, county and municipal governments MUST under WV code set up an account. sos.wv.gov/Pages/FOIARequests.aspx Have all the Pocahontas County, and municipalities, agencies set up accounts? Searches doesn't seem to be any conformation of this. We know of WV corporations using the name to do corporate business as "BARTOW-FRANK-DURBIN VOLUNTEER FIRE COMPANY" and "MARLINTON VOLUNTEER FIRE DEPARTMENT, INC." In Marlinton the entity called "Town of Marlinton" and CEO Mayor declaring it has the authority to impose and enforce money via fee tax to go to the Marlinton Volunteer Fire Dept, Inc. Corporation. Under WV code 29B-1-1. Declaration of policy. When such a matter if being proposed this makes ALL records of the parties and entities involved fall under full legal open public disclosure and review, so the bodies acts are transparent, and public and body are fully informed. There is full legal argument here that again ALL such records even go beyond normal accountability and FIOA to citizens, but also involved further WV codes on compliance under other codes, and acts both Federal and State. Since Fire Departments must be in full compliance with Federal Codes and Acts, and the WV Code states it fully incorporates with in it in full working the entire Federal Code on top of WV legislature enacted WV code in which all WV entities must be rules and governed under and in compliance with then ALL these bodies records fall under even greater legally binding public review. Pursuant to the fundamental philosophy of the American constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the state of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created. To that end, the provisions of this article shall be LIBERALLY construed with the view of carrying out the above declaration of public policy. and Definitions as used in this article:
ReplyDelete(1) "Custodian" means the elected or appointed official charged with administering a public body.
(2) “Law-enforcement officer” shall have the same definition as this term is defined in W.Va. Code §30-29-1: Provided, That for purposes of this article, “law-enforcement officer” shall additionally include those individuals defined as “chief executive” in W.Va. Code §30-29-1.
(3) "Person" includes any natural person, corporation, partnership, firm or association.
(4) "Public body" means every state officer, agency, department, including the executive, legislative and judicial departments, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission council or agency thereof; and any other body which is created by state or local authority or which is primarily funded by the state or local authority.
(5) "Public record" includes any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business.
(6) "Writing" includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.
Then send a fully organized, detailed, specific and BROAD request to the Pocahontas County Council. By law they that Council (and all other county, State and municipal bodies) by Beginning January 1, 2016 was required to set up a PUBLIC account on the WV Secretary of States Database site. Where ALL FOIA requests are to be fully reported, listed and complied with. In your request ensure you are requesting the info from County Commission, and from BFD via their legal process address as filed, as individual addresses, and include also the WV Attorney Generals Office, the Governor, and the Secretary of State, WV Fire Marshalls, and show at bottom ALL have been CCd. You are to get a formal response from ALL of then in some fashion with in 5 days. When they fail to respond report on that and move on from there. The thing is then a simple matter of filing against BFD and County Council in Circuit Court. No one can be denied ALL of these records, this is a matter of law.
ReplyDeleteYou must cite under what ALL codes and Acts your request and their mandated legally required response is governed. As well as cite should they fail to respond the matter can be addressed in Court over their failure to comply with the law, and for recovery of your costs, fees, expenses to have them comply. It can also be done under a Class action with the Class being citizens of Pocahontas County.
ReplyDelete