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§29-19-5. Registration of charitable organizations; fee.
(a) Every charitable organization, except as provided in section six of this article, which intends to solicit contributions, donations or grants within this state or to have funds solicited or received on its behalf shall, prior to any solicitation, file a registration statement with the Secretary of State upon forms prescribed by him or her which shall be good for one full year and which shall be refiled in the next and each following year in which the charitable organization is engaged in solicitation activities. If an organization discontinues solicitation at any time after its last registration filing, then it shall file a registration statement reflecting its activities during its last fiscal year in which solicitation in West Virginia took place. The president, chairman or principal officer of the charitable organization shall file the statements required under this article. The statements shall be sworn to and shall contain the following information:
(1) The name of the organization and the purpose for which it was organized;
(2) The principal address of the organization and the address of any offices in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records;
(3) The names and addresses of any chapters, branches or affiliates in this state;
(4) The place where and the date when the organization was legally established and the form of its organization;
(5) The names and addresses of the officers, directors, trustees and the principal salaried executive staff officer;
(6) A copy of a balance sheet and a statement or report of income and expenses for the organization's immediately preceding fiscal year or a financial statement reporting information showing the kind and amount of funds raised during the preceding fiscal year, the costs and expenses incidental to the fundraising and showing how the funds were disbursed or allocated for the same fiscal year: Provided, That in addition to the financial documents required by this subdivision:
It seems BFD is not on record with the State of WV Secretary of State per WV Code for several things that are required. Yet they have to do this annually. All of those records are fully public and State records. The law states that they must pay the fees and penalties for ALL back years to become caught up to date when they do legally file to operate with in this state in many areas. There reason ALL source of income including all Municipal, District, County, State and Federal funds, and funds from EVERY citizen they get it from must be fully accounted for. And those from any Association, other Corporation, and NGOs must be fully listed and provided for as public and state record is also so the public and any official body can then contact get full records from those entities that provided those funds and see under what why and how provided and for what specific and exclusive use they were for. ie get a copy of the contract between the 2 parties.
ReplyDeleteIt is not difficult for any Corporation to simply follow the law, maintain all the legally required records, and to fully register and report all of this. This is just how Corporations, LLCs or other forms of entities operating to do business under the authority given to them by the States in compliance with all their laws, codes and Acts and have been doing so since the very 1st ones were created. Every day all over this State and country entities do business in their states and comply with all of this. This is nothing new. Every entity simply continually checks for new changes to this, and ensures full compliance at all times.
What you will find is many local entities like incorporated towns/cities, our town/city/County Councils, and public and private development, business, tourist, entities are also not in compliance. We know this. This is part of how and why the county is so corrupt and so many for so long have so much to hide. And how so many need to live of the pubic tit for salary, or contract, benefits, retirement etc.. and will all do what ever it takes to get there, and stay there.
BFD fully knows this. As they also work closely with law enforcement, insurance, citizens, businesses involved in medical emergencies, accidents, and fires and those subsequent investigations. In the course of this all their records, reports, communications involved in these are fully public records and all parties involved get those records as part of their needs, investigation, insurance claims, and any resulting criminal or civil matters connected with them. That is why under the nature of what BFD is this half assed way of running their Corporation, their not doing things by the book, their not filing and registering, paying fees, and supplying records, getting the proper permissions, rights or authority to do what they do just doesn't make sense.
Please screen shot, and cut and paste into a documents, so can later print this saved evidence from your facebook page EVERY time where a member of the Corporate Board of BFD has threatened, abused, called names, given excuses, and deflected. The entity is fully responsible for that. This also shows that when they did have a forum and could simply use it go give information, they didn't. It also shows they were in full knowledge of the 5 days to legally comply with requests and failed intentionally. That is illogical. Such as when you reported there were 3 Varners on the Corporate Board listed in the current WV Secretary of State records. This was denied, yet it is FACT. And "they" were denying there were more than 1 Varner, and denying that a Varner was Treasurer. If they had changed the board since the filing which is all to be fully public record and their full Board Composition must be disclosed, why not instead did this Director Varner not type out, or just post the corporate document showing the current full composition of the board IF it is different from what they have filed with the WV SOS? All of this is EVIDENCE to be used in Circuit Court should they fail to comply with records requests, and also evidence to be submitted to local, State and Federal bodies, and those other sources of income they get, as part of their non compliance and obfuscation, and deflection through attack upon a citizen whom under their legal right, and further through the blog to report on a subject that interests and has effect upon the public whom it is directed has complete full right to have BFD produce all the records, files, books and information which under the law they are to provide to ALL citizens of WV. Jessica Varner is listed as either the sole or one of several Directors of the Corporation. On file with WV SOS she also includes she is "Asst. Deputy Chief" which is an Officer. As Director of the Corporation she has all the duty for the entire governance, operations, and compliance in all aspects totally of the Corporation, and it's doing business in WV; and over that of the Directors employees that are the 4 listed Principle Directors. These responses from her are very very damaging for the Corporation, and further shows a pattern. You and others must save and document this.
ReplyDeleteMany people have a passion for doing work related to any part of a Fire Department, Emergency Services, Rescue, EMT, Paramedic, and related fields etc.. They give their time, take pride in their training, and enjoy the hard work and the services they do for their community. These Fire Departments are providing a service that is owed under Federal, State and Regional code, act to be provided to ALL citizens of this Nation, it's States, Municipalities, and communities.
ReplyDeleteThere is a unique relationship and form of contract these entities provide through and for Federal, State and local governments. They receive compensations, grants, tax money, other funds and goods through relationships in providing a service those governments owe to all their citizens. The same as the requirement for Free and Appropriate educations of all citizens, and provide Policing and law enforcement, utilities, roads and other services. Up the chain there are to be checks and balances to ensure that all of these are in full compliance with all regulations, laws, codes, acts, use of money in the social and government contract with their citizens. Citizens provide the tax base that fund all of these. From Federal down THEIR money. Because of that, and many regulations they all must show full accountability to the citizens for all of this. All those who are a part of these entities through paid positions or volunteer are intrinsically owed to see that their work, efforts, risks, and passions are associated with and a part of something they can rightfully take great pride in, and along with their fellow citizens to know being done correctly, legally and not for any certain peoples personal benefit, advancement, power, or profit. If they can't be done so correctly then it is up to the State, County and Municipalities to ensure that THEY are providing these services, and ensuring the full accountability of all monies.
Another unique matter is that in addition our taxes, other sources of income, the public is required to pay directly to this private Corporation to provide these services which the State, on down are required to provide for it's citizens. This system needs to be reviewed, regulated, and wholly consistent through out our whole county, and in full compliance with all things legal, as well as through transparency, accountability, and confidence given to the citizens. This isn't an snow cone stand, this is health, disability, life and death, and about citizens property, belonging, and all they are and have being entrusted to this Corporation for protection and services. That are ultimately the responsibility of the County, so they share in any burdens and liabilities.
This and other sections of the WV code are powerful, moving and are law. It shows what WE the People really means, and how things are to be done for the People, By the People. As in 29B-1-1 "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."
ReplyDeleteWhat honest patriotic citizen can be against something like that above that is the heart of what we believe, stand for, fight and die for since we founded this Representative Republic?
I find it abhorrent, and wholly criminal akin to Domestic Terrorism, RICO the threats being made to not provide services, protect life or property against citizens simply exercising their rights under the law, and seeking that confidence in something so important.