FORMAL COMPLAINT: VIOLATION OF OPEN GOVERNMENTAL PROCEEDINGS ACT
TO: Pocahontas County Commission / West Virginia Ethics Commission
FROM: [Your Name/Concerned Citizen]
DATE: December 26, 2025
RE: Notice of Unlawful Exclusion of Public Officials and Improper Use of Executive Session
I. STATEMENT OF CONCERN
This letter serves as a formal complaint regarding a recent Executive Session conducted by [Agency/Board Name] in Pocahontas County, West Virginia. It has come to light that this session, characterized as "questionable" in official reports, involved the inclusion of private owners (the Mecks) while systematically excluding key public officials, specifically the County Commission President and the Mayor.
This action appears to be a direct violation of the West Virginia Open Governmental Proceedings Act (W. Va. Code § 6-9A) and undermines the core principles of transparent governance and the duty of public officials to serve the citizens of Pocahontas County.
II. LEGAL BASIS FOR COMPLAINT
1. Improper Inclusion of Private Citizens
Under W. Va. Code § 6-9A-2(2), an "Executive Session" is defined as a portion of a meeting "closed to the public." By including private citizens (the Mecks) in a closed-door meeting, the session effectively ceased to be a valid executive session. The West Virginia Ethics Commission has consistently ruled that if an agency invites a third party into a session that is not part of the governing body or its immediate legal/staff counsel, the justification for secrecy is significantly weakened, and the meeting may legally be considered an "open" meeting that was improperly closed to the rest of the public.
2. Unlawful Exclusion of Public Officials
The exclusion of the County Commission President and the Mayor—officials with direct jurisdiction or vested public interest in the matters discussed—is a violation of their right and duty to perform their official functions.
While a governing body can exclude the general public for specific statutory reasons (e.g., personnel or real estate negotiations under W. Va. Code § 6-9A-4), the selective exclusion of other high-ranking public officials while hosting private stakeholders suggests a "pay-to-play" environment or a targeted political exclusion, rather than a lawful application of the "Sunshine Laws."
3. Misuse of Statutory Exceptions
Executive sessions are strictly limited to the reasons set forth in W. Va. Code § 6-9A-4. If the session did not pertain to a specific personnel matter, pending litigation, or the purchase/sale of property where public knowledge would harm the financial interest of the state, it was unlawful to convene. The presence of private owners suggests that the discussion may have involved public-private interests that legally require public oversight and deliberation.
III. POTENTIAL CONSEQUENCES
Invalidation of Actions: Under W. Va. Code § 6-9A-6, any "official action" taken or decided upon during or as a result of an improperly held executive session can be declared null and void by a Circuit Court.
Civil and Criminal Penalties: Knowing violations of the Act are a misdemeanor under W. Va. Code § 6-9A-7, carrying fines for individual members and potential removal from office for repeated or willful misconduct.
Political and Legal Friction: Such actions foster deep-seated distrust between the County Commission and municipal leadership, creating liabilities for the county in any subsequent legal challenges or contracts.
IV. DEMAND FOR REMEDY
To rectify this violation and restore public trust, I demand the following:
Immediate Release of Minutes: Provide a detailed summary or transcript of the "questionable" session to the public and the excluded officials.
Public Acknowledgment: A formal statement during the next public meeting addressing why the exclusion occurred and how the Commission intends to comply with W. Va. Code § 6-9A moving forward.
Ethics Commission Review: I urge the West Virginia Ethics Commission to issue a formal Advisory Opinion on this specific event to determine if an Ethics Act violation occurred regarding "private gain" or "misuse of office."
Citizens of Pocahontas County deserve a government that operates in the light of day. Excluding our elected leaders while hosting private interests behind closed doors is not just "questionable"—it is a breach of the public trust and the law.
Respectfully submitted,
[Your Name/Signature]
[Contact Information]
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