Proposed Request for Investigation

 

TO: The Honorable Circuit Court of Pocahontas County, West Virginia / Office of the Prosecuting Attorney

SUBJECT: Formal Request for a Grand Jury Investigation into Alleged Criminal Conspiracy, Antitrust Violations, and Statutory Breaches by the Pocahontas County Solid Waste Authority (PCSWA).

This document serves as a formal petition requesting an immediate legal investigation into the actions of the Pocahontas County Solid Waste Authority (hereinafter "SWA") and its principal officers. Evidence suggests the SWA has engaged in a coordinated effort to circumvent West Virginia state laws, monopolize local commerce, and obscure its actions from public scrutiny regarding the multi-million dollar waste management transition planned for 2026.

We respectfully request a review of the following alleged violations:

COUNT I: Antitrust Violations, Monopolistic Practices, and Restraint of Trade

The SWA is allegedly attempting to establish an illegal private monopoly for waste disposal by partnering with a single private entity, Allegheny Disposal (operating as JacMal, LLC, controlled by Jacob Meck).

• Illegal Implementation of "Flow Control": To guarantee the financial success of this private partnership, the SWA intends to mandate "Flow Control," a rule dictating that all municipal solid waste generated in the county must be processed through the Allegheny Disposal facility.
• Restraint of Trade: This mandate explicitly prohibits local residents and independent commercial haulers from seeking more affordable tipping fees in neighboring counties. By eliminating all market competition, the SWA is constructing a private monopoly that restricts interstate/inter-county commerce and acts as an illegal restraint on trade.
• Usurpation of PSC Jurisdiction: The SWA does not possess the statutory authority to unilaterally enforce flow control. Under West Virginia Code §24-2-1h, the authority to mandate flow control resides exclusively with the Public Service Commission (PSC), which must first conduct a rigorous evaluation of the public necessity and economic impact.

COUNT II: Procurement Fraud and Evasion of Competitive Bidding

The SWA has allegedly conspired to bypass mandatory state procurement and bidding laws to award a lucrative contract to a pre-selected private vendor.

• Violation of Statutory Thresholds: The SWA approved a 15-year agreement with JacMal, LLC/Allegheny Disposal valued at an estimated $4,120,000. This was done without soliciting competitive bids, in direct violation of West Virginia Code §20-14-10 (which mandates bidding for services exceeding $25,000) and the Fairness in Government Procurement Act under §5-22-1 (which mandates competitive bidding for construction projects over $50,000).
• Use of a Straw-Man Entity: To unlawfully circumvent these laws, the SWA and its attorney, David Sims, characterized the deal as a "public-private partnership". The SWA engineered a scheme to transfer approximately two acres of public landfill property to the Greenbrier Valley Economic Development Corporation (GVEDC) to act as an intermediary, allowing the private contractor to build the facility and lease it back to the county at $16,759 per month. This maneuver appears designed specifically to evade public scrutiny and procurement transparency.

COUNT III: Violations of the Open Governmental Proceedings Act

The SWA has allegedly exhibited a pattern of suppressing public participation and violating the spirit, if not the letter, of state transparency laws.

• Suppression of Public Comment: During a highly contentious public hearing held in a courtroom on March 19, 2026, the SWA strictly limited citizen commentary to "green box" fees alone. The board explicitly refused to allow the public to question or discuss the underlying construction or hauling contracts that were driving those very fee increases.
• Violation of Legislative Intent: West Virginia Code §22C-4-1 dictates that waste management conflicts must be resolved in a "local governmental forum where citizens can most easily participate in the decision-making process". The SWA's exclusionary tactics, including limited public engagement during the 2023 Stakeholder's Group, violate this statutory mandate.

COUNT IV: Statutory Overreach and Illegal Taxation Attempts

In an attempt to fund its privately operated transfer station, the SWA explored unlawfully expanding its taxation authority over Pocahontas County citizens.

• Illegal Fee Assessments on Vacant Land: In March 2026, the SWA’s attorney proposed forcing every deeded property in the county, including unimproved and vacant land, to pay the mandatory "Green Box" waste fee. This is a blatant violation of West Virginia Code §22C-4-10, which restricts such fees solely to persons "occupying a residence or operating a business establishment".
• Prohibited Property Tax Integration: The SWA additionally investigated integrating these solid waste fees directly into the county's ad valorem property tax system to force collection, a practice strictly prohibited under West Virginia tax code.
• Governance Defects: The SWA board has conducted binding votes while operating with illegal vacancies that exceeded the 60-day statutory limit for replacement (§22C-4-3). Furthermore, critics have alleged that SWA Chairman Dave Henderson has been operating and voting under an oath of office that expired in 2015.

PRAYER FOR RELIEF Given the severity of these allegations, which include the unauthorized creation of a monopoly, the avoidance of competitive bidding for a $4.12 million public commitment, and the suppression of citizen oversight, we request that the Circuit Court and the Prosecuting Attorney:

1. Initiate a formal Grand Jury investigation into the SWA’s contracting practices with JacMal, LLC / Allegheny Disposal.
2. Issue an injunction halting the transfer of public lands and the execution of the lease agreement until a full legal review of the bidding process is completed.
3. Investigate the SWA board's governance structure, including expired oaths and procedural violations, to determine the legal validity of their recent votes.

If the prosecuting attorneys is unable or unwilling do so, we request that all citizens who wish to make a presentation be allowed to do so.