17 DECEMBER 2014, Vol.1, No.84 > PCSWA: FULL OF DECEIT, GREED & LIES!
The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
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PCSWA: FULL OF DECEIT, GREED & LIES!
As we have made it clear, a CLASS ACTION lawsuit is being researched, planned & prepared to take the Pocahontas County Solid Waste Authority (PCSWA) to court for its DECEIT, GREED & LIES whereby each & every member will become a Defendant and placed on the witness-stand for testimony! This lawsuit is also planning to include a couple of other ‘quasi-government & government’ agencies as defendants also so this MESS & NEST OF THIEVES can be either CLEANED-UP or PUT OUT OF BUSINESS COMPLETELY! The simple fact is that the PCSWA has been conducting its affairs ILLEGALLY since its inception – and now its wicked days will be numbered…& then some!
While the state law requires EVERY MEMBER to take an ‘Oath of Office’ PRIOR TO THEIR FIRST MEETING – we’d like to know why it took Ed Riley over 15 years to take his Oath – and he’s been in charge of all PCSWA funds for 25 years – when those funds are supposed to be under the control of the County Sheriff! And why did it take Jim Burks 21 years to take his Oath – when he ILLEGALLY sat on the board during the time he owned the County Disposal Service and voted to RAISE ALL HOUSEHOLD RATES while keeping the rates for crossing-the-scales LOW to benefit his business! And we’d like to know why it took an average of 18 years for all the other board members to take their Oath when their ‘Oath’ is a legal requirement BEFORE THEY SIT IN THEIR FIRST MEETING! If fined to the maximum of the state law – then the PCSWA would owe well in excess of $100,000 in fines for just their failure to take an ‘Oath of Office’ on a timely basis – let alone all their other corrupt practices!
Below is a recent FREEDOM OF INFORMATION ACT (FOIA) request sent to the PCSWA within the last WEEK and BY LAW the PCSWA had five (5) days in which to respond. Their ersatz attorney, David A. Sims, did respond, but FAILED TO PROVIDE ANSWERS to certain requests – so now we have the opportunity to bring his derrière before a judge to show cause why! It will be a New Year for sure!
Below in BLUE is what we demanded, and in RED is how he responded, as follows:
The Pocahontas Crier
7837 Wesley Chapel Road, Green Bank, West Virginia 24944
Jerome E. Heinemann, Associate Director
1.304.456.4565 or 3282 (also fax)
04 December 2014
Pocahontas County Solid Waste Authority (PCSWA)
900-H Tenth Avenue
Marlinton, West Virginia 24954
Re: FREEDOM OF INFORMATION ACT REQUEST (FOIA)
Pursuant to WVC §29B-1-1, et seq.
TO WHOM IT MAY CONCERN AS CUSTODIAN OF RECORDS:
As you may or may not already know, under a FOIA request, all government agencies must disclose any and all information that is requested – unless the information requested is protected from public disclosure by statutory exemptions – and the custodian must respond within a period of five (5) working days by either granting the requests or providing written reasons for their denial. The specific requests set forth herein may be provided by either electronic transfer via Email attachments to < firstname.lastname@example.org > or by transferring requested information onto a CD or DVD and mailing to the above listed address. If you have another suggested option, such as facsimile, other than photocopying the requested information, kindly so inform. Lastly, if you need more time that’s reasonable, other than the period of five (5) working days, kindly so inform for mutual approval accordingly.
THE FOLLOWING INFORMATION IS BEING REQUESTED:
- A listing, including the name and address, of each person comprising the total number of all persons that the PCSWA has sued for collections since its inception, including a listing of all judgments placed against each person to date; and including all judgments paid and all those remaining unpaid to date.
PCSWA Response: There is no document responsive to this Request. The Solid Waste Authority does not maintain such a list. If you want the information, it is contained on the Complaint that was filed in the Circuit Court of Pocahontas County.
- Copies of all “Mandatory Garbage Disposal Regulations” (MGDRs) put into force & effect by the PCSWA since its inception, including the year of each adoption; copies of the minutes for each adoption; and copies of the “Oath of Office” for each member of the PCSWA affirming the adoption of each MGDR for each year of adoption, pursuant to WVC §22C-4-7.
PCSWA Response: The Mandatory Garbage Disposal Regulations were initially adopted in 1991. A copy of those regulations and the minutes adopting them will be provided upon receipt of the monies for copying.
Mandatory Garbage Disposal Regulations were amended in 1995. A copy of those regulations and the minutes adopting them will be provided upon receipt of the monies for copying.
Mandatory Garbage Disposal Regulations were amended again in 2006. A copy of those regulations and the minutes adopting them will be provided upon receipt of the monies for copying.
- Copies of all minutes of all meetings whereby the members of the PCSWA considered WVC §20-11-5a(e)(2) and WVC §20-11-5b(e)(3) and granted exemptions from any ‘assessment fees’ for those persons that compost, recycle and dispose of their solid waste in an otherwise lawful manner.
PCSWA Response: NO RESPONSE TO THE ELEMENTS WITHIN #3 – except this: “Use of the Free Day each month during the billing year was approved as an acceptable means of disposal at the December 6, 2006 meeting. A copy of the minutes of that meeting will be provided upon receipt of monies for copying.”
- Copies of all minutes of all meetings whereby the members of the PCSWA considered WVC §22C-4-10(b) and WVC §22C-4-10(c), et seq., and granted a reduction and/or exemption from all fees to all persons on a fixed-income or low-income; and a copy of any and all documents that the PCSWA provides for the application process for those on a fixed-income or low-income for reduction and/or exemption; and for a waiver of fees for all those that dispose of their solid waste in an otherwise lawful manner.
PCSWA Response: NO RESPONSE TO #4.
- Copies of all documents whereby the WV Department of Environmental Protection (WVDEP) and the WV Public Service Commission (WVPSC) waived their respected authorized powers and granted the PCSWA a solitary collections process to bypass administrative procedures and go directly to the circuit court.
PCSWA Response: NO RESPONSE TO #5.
- Copies of all documents whereby the Office of the Attorney General waived its authority and granted the PCSWA permission to hire private counsel to enforce or engage in any legal actions or activities for any type of collections actions or activities.
PCSWA Response: There is a letter from the West Virginia Attorney General’s Office authorizing the hiring of David A. Sims as our counsel. A copy of said document will be provided upon receipt of the costs for copying the same.
EDITOR NOTE: THIS SHOULD PROVE VERY INTERESTING IN COURT SINCE WE HAVE OBTAINED A LETTER STATING THAT NO ONE HAS EVER BEEN AUTHORIZED – since the law requires ONLY the Office of the Attorney General!
- Copies of all documents showing any type of formal agreement and/or contract between the PCSWA and that of the law office of David A. Sims, including a copy of the agreement and/or contract; official minutes of the meeting for approval; and the names of the members voting for approval.
PCSWA Response: NO RESPONSE TO #7.
Your immediate consideration and cooperation for this formal FOIA request will be greatly appreciated by all concerned.
Jerome E. Heinemann
Closing out his response, ‘Shyster Sims’ claimed: “In order to obtain the documents responsive to your requests, you will need to bring cash, check or money order in the amount of $29.00 to the Solid Waste Authority office and pick up the requested records.”
EDITOR NOTE: As seen above, we never requested printed copies – we requested transfer of documents via ELECTRONIC FORMAT – but now that ‘Shyster Sims’ wants to be paid, we BY LAW, have the right to inspect in person and MAKE OUR OWN COPIES – so the NEW YEAR may very well start off with a new bang!
As already published earlier, a formal request for information was demanded pursuant to the federal Fair Debt Collections Practices Act, (FDCPA), 15 U.S.C. § 1601, et seq., and its corresponding West Virginia Consumer Credit & Protections Act (WVCCPA), § 46A-6-101, et seq., to obtain enough information to generate ‘paper-trails’ to initiate a CLASS ACTION LAWSUIT against the PCSWA and those other government agencies that are suppose to supervise & have oversight authority of the PCSWA – a non elected group of ‘IDIOTA’ as it has turned out in this county!
But in response to our inquiry pursuant to the requirements of the FDCPA & WVCCPA, ‘Shyster Sims’ tried to sidestep any response by stating our request was, “…a bit dated and a bit too late. Your letter should have been sent in response to the first letter that was sent to you many years ago, prior to the time the Complaint was filed against you and prior to the time the Solid Waste Authority obtained a Judgment against you.” Well that response is quite interesting indeed since the Civil Action 07-C-30 is now 7½ YEARS OLD! And like anyone has seen, if or when ever receiving a letter ‘attempting to collect a debt’ from some credit card or collections attorney or agency, any given person has upwards to thirty (30) days to CHALLENGE ALL OR PART OF THE ALLEGED DEBT after reception of the total amount alleged due & owing – and that is something that ‘Shyster Sims’ should have known with his vast knowledge of the law as he self-proclaims! And let us not forget that ‘Shyster Sims’ likes to THREATEN FOLKS with ‘AN ADDITIONAL $2000.00’ in legal fees & costs for anyone refusing to be intimidated by his THREAT OF THOUSANDS MORE IN LEGAL FEES! ‘Shyster Sims’ is the reason why folks make up jokes about corrupt-attorneys, such as: “Why put a 1000 lawyers at the bottom of the ocean? It’s a Good Start!”
THAT’S WHY WE SAY…
NO ONE IN THIS COUNTY SHOULD EVER BACK DOWN TO THE CORRUPTION TAKING PLACE! IT SHOULD BECOME THE DUTY OF EVERY HONEST CITIZEN TO STAND THEIR GROUND IN THE FACE OF SUCH CORRUPT & DECEITFUL PERSONS!
AND KNOW YOUR RIGHTS…
< FIRST OPTION >
For all those that have also been THREATENED as shown above – or have agreed to pay a ‘PROMISSORY NOTE’ – simply file an “AFFIDAVIT OF EXEMPTIONS” – as found at WVC §38-8-8 and protect upwards to $15,000.00 of your personal property from any attempt of confiscation by the Office of the Sheriff – FOR ANY DEBT(s) THAT YOU MAY HAVE! Normally you must file an “AFFIDAVIT OF EXEMPTIONS” within TEN (10) DAYS after receipt of the alleged debt – but if you qualify to be exempt for upwards to $15,000 of your personal property – then it may, it just may, also apply to oppose your forced signing of the ‘Promissory Note’!
< SECOND OPTION >
If you’ve been THREATENED with a claim that the County Sheriff will come & seize your personal belongings for a ‘Sheriff’s Sale’ to offset your debt(s) – then by all means file an “AFFIDAVIT OF EXEMPTIONS” within TEN (10) DAYS after receipt of the alleged notice of alleged debt! BUT ALSO recognize that most folks have items in their house that actually belong to other members of their family, or items that will belong to others upon the death of someone in the family – IF SO, then MAKE A LIST OF ALL THOSE ITEMS BELONGING TO OTHERS and have that list signed & witnessed ASAP as shown in the following simple example:
I, ________________, do hereby swear that the following list of items are owned and actually belong to _________________ ; and that said items are being either loaned to me or have already been gifted during my lifetime. These items are not to be considered part of my personal property and belong to the person signed and witnessed below.
List of items:
I, ________________, do hereby swear that the above list of items belong to _______________ and that this is true and correct to the best of my knowledge and belief.
I, ________________, do hereby swear that the above list of items belong to me personally and that this is true and correct to the best of my knowledge and belief.
The above process can also be completed more formally before a Notary Public and even filed with the Office of the County Clerk. If done so, this can also hasten the completion of probate upon the death of someone and be used as part of their last will & testament, etc.
At any rate – take steps NOW to protect your RIGHTS & PROPERTY!
EVERYONE WILL REAP WHAT THEY
HAVE SOWN… & then some!
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