Petition Distribution Copy

 Petition Requesting an investigation of the Pocahontas County Commission and the Pocahontas County Solid Waste Authority for misconduct, neglect of duty, and misfeasance in office.

Based on the provided sources and our conversation history, here is a summary of the state (and relevant federal) laws that the Pocahontas County Solid Waste Authority (SWA) and County Commission are ignoring or violating:

• WV Code §22-15-7 (Mandatory Free Disposal Day): The SWA’s plan to eliminate the residential "Free Day" on July 1, 2026, directly violates this state law, which mandates that all operating landfills provide one free disposal day per month for residents.
• WV Code §24-2-2 ("Just and Reasonable" Utility Rates): The SWA's proposal to immediately increase "Green Box" fees by 130% (jumping from $135 to $310 or more) while sitting on over $350,000 in unrestricted cash reserves violates the state requirement that utility rates must be "just and reasonable" and based primarily on actual costs.
• WV Code § 6-9A-1 et seq. (Open Governmental Proceedings Act): The SWA is accused of operating secretively, such as deliberately excluding public comment from their meeting agendas and allegedly making backdoor decisions. The Act strictly prohibits public bodies from making final decisions in secret executive sessions and requires transparent, "reasonably descriptive" agendas so the public knows exactly what is being decided.
• WV Code § 61-10-15 (Pecuniary Interest Statute): The alleged collusive, no-bid transfer of public landfill property and a 15-year, $5 to $6 million contract to a private contractor implicate this criminal statute. It strictly prohibits county officers from having any direct or indirect personal financial interest in public contracts, purchases, or sales over which they exercise "voice, influence, or control".
• WV Code § 6B-2-5 (West Virginia Governmental Ethics Act): Awarding massive unbid contracts and attempting to deed publicly owned landfill acres to private entities (like the GVEDC or Allegheny Disposal) could violate this statute, which explicitly prohibits public servants from using their office for private gain or the private gain of another.
• Common Law "Misconduct in Public Office": The SWA and County Commission’s actions—including failing to competitively bid a multi-million dollar contract, ignoring state transparency mandates, and attempting to charge fees on zero-waste empty lots—could constitute malfeasance (wrongful acts), misfeasance (abusing discretion), or nonfeasance (willful failure to perform required duties), which are actionable criminal offenses in West Virginia.
• The Federal Sherman Antitrust Act (15 U.S.C. §§ 1–7): While a federal law, the SWA's attempt to mandate a forced monopoly via a "Flow Control" ordinance—which strictly prohibits citizens and commercial haulers from using cheaper competitors out-of-county—violates Sections 1 and 2 of the Sherman Act. Because they are acting as "commercial participants" colluding with a private firm without clear state-level authorization to create a monopoly, they are not immune from federal antitrust prosecution.

We, the undersigned citizens and/or users of the Pocahontas County  Solid Waste System request the West Virginia Public Service Commission to investigate the Pocahontas County Commission and the Pocahontas County Solid Waste Authority for the above stated violations of state and federal law.

TO: Executive Secretary Public Service Commission of West Virginia 201 Brooks Street, P.O. Box 812 Charleston, WV 25323 

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