Oath of Office

 

An unsworn member does not count toward a legal meeting quorum.

Under West Virginia law, when an elected or appointed official fails to take the required oath of office, it is legally categorized as a "failure to qualify," which creates a vacancy for that seat. According to guidelines from the West Virginia Ethics Commission and the Land Use and Sustainable Development Law Clinic, vacant positions are not calculated when determining a quorum.

Furthermore, West Virginia Code § 6-1-7 explicitly prohibits any person from exercising authority or discharging the duties of an office before taking the oath. Because a legal meeting requires a quorum to deliberate or make decisions, and an unsworn individual is legally barred from voting or participating in deliberations, their physical presence cannot contribute to the functional capacity required to form a quorum.

If a governing body attempts to make decisions without a properly sworn quorum, it lacks the jurisdiction to act, and any decisions reached are considered voidable violations of the Open Governmental Proceedings Act.

Based on the provided meeting minutes and records from the last ten years (June 2016 to June 2026), here is the chronological list of all the Pocahontas County Solid Waste Authority meetings where David Henderson’s attendance is explicitly confirmed:

2020

• October 28, 2020 (Regular Meeting)
• December 2, 2020 (Regular Meeting)

2021

• January 27, 2021 (Regular Meeting)

2022

• June 13, 2022 (Special Meeting)
• October 26, 2022 (Regular Meeting)

2023

• January 12, 2023 (Special Meeting)
• January 18, 2023 (Special Meeting)
• January 25, 2023 (Regular Meeting)
• March 22, 2023 (Special Meeting)
• March 29, 2023 (Public Hearing)
• March 29, 2023 (Regular Meeting)
• April 26, 2023 (Regular Meeting)
• July 26, 2023 (Regular Meeting)
• August 30, 2023 (Regular Meeting)
• September 27, 2023 (Regular Meeting)
• October 11, 2023 (Special Meeting)
• October 25, 2023 (Regular Meeting)
• December 6, 2023 (Regular Meeting - attended via teleconference)

2024

• March 27, 2024 (Public Hearing)
• March 27, 2024 (Regular Meeting)
• April 24, 2024 (Regular Meeting)
• June 26, 2024 (Regular Meeting)
• August 14, 2024 (Special Meeting)
• August 28, 2024 (Regular Meeting)
• September 25, 2024 (Regular Meeting)
• November 19, 2024 (Special Meeting)
• December 4, 2024 (Regular Meeting)

2025

• January 21, 2025 (Special Meeting)
• January 29, 2025 (Regular Meeting)
• February 26, 2025 (Regular Meeting)
• March 26, 2025 (Public Hearing)
• March 26, 2025 (Regular Meeting)
• April 23, 2025 (Special Meeting)
• April 30, 2025 (Regular Meeting)
• May 28, 2025 (Regular Meeting)
• June 25, 2025 (Regular Meeting)
• July 16, 2025 (Special Meeting)
• July 30, 2025 (Regular Meeting)
• August 27, 2025 (Regular Meeting)
• September 24, 2025 (Regular Meeting)
• October 15, 2025 (Special Meeting)
• November 5, 2025 (Special Meeting - attended via teleconference)
• November 13, 2025 (Special Meeting)
• December 3, 2025 (Public Hearing)
• December 3, 2025 (Regular Meeting)
• December 17, 2025 (Special Meeting)

2026

• January 28, 2026 (Public Hearing)
• February 4, 2026 (Special Meeting)
• February 18, 2026 (Special Meeting)
• February 25, 2026 (Regular Meeting)
• March 10, 2026 (Special Meeting)
• March 19, 2026 (Special Meeting)

(Note: Prior to 2020, there are several meetings mentioned in the sources, but the provided excerpts either list him as absent or omit the roll call pages confirming attendance).

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David Henderson took his current oath of office on March 31, 2026. This oath is for a four-year Public Service Commission appointment to the Pocahontas County Solid Waste Authority, with his term set to expire on June 30, 2027.

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