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
[New Email address: pocahontascrier88@gmail.com]
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)
Email: pocahontascrier88@gmail.com
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 < pocahontascrier88@gmail.com
> 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.
Respectfully yours,
S/S
_______________________
Jerome E. Heinemann
Associate Director
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:
1.
2., etc.
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.
Witnessed By:
___________________ ___________________
Signed Printed
___________________ ___________________
Signed Printed
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!
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
The Pocahontas Crier is an independent, free, non-subscription, Internet News Service
providing in depth reporting on important issues directly affecting the
Citizens
of Pocahontas County, West Virginia, and meant for entertainment in
the true ‘muckraking’ & ‘iconoclast’
tradition of questioning authority, challenging corruption, exposing
impropriety and the appearance of impropriety, and offering Common Sense
Alternatives for
THE
GREATER COMMON GOOD BEFORE SELF…
or any
Special Interests!
We fight for Social
Justice on all fronts and are an integral part of The
Crier Coalition of Internet News Services comprised of The Pocahontas Commentator, The Pocahontas Crier,
Signal Fires of WV, &
Rolling Thunder in association with
Echoes from
the Holl’r.
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