Regarding violations of West Virginia state law, United States law, and constitutional principles:
Oath of Office and Qualification Violations
- West Virginia Code § 6-1-7 strictly prohibits public officials from exercising any authority, discharging duties, or receiving compensation before taking the constitutional oath of office.
- A public official who receives a salary or benefits while unsworn has received public funds in violation of state law, subjecting them to civil clawback actions for reimbursement.
- Failing to take the oath of office within the statutory 10-day window for a vacancy creates a "failure to qualify," resulting in an automatic vacancy of that office by operation of law.
- Any official acting without taking the mandatory oath is acting ultra vires (beyond their legal power) and may lose qualified immunity from personal tort and civil rights liability.
- Falsely swearing to have taken the oath or making a false declaration is a misdemeanor under WV Code § 3-9-3, punishable by up to a $1,000 fine and one year in jail.
- A conviction for perjury or false swearing renders a person "forever incapable of holding any office of honor, trust or profit in this state" under WV Code § 61-5-3.
- Knowingly impersonating or purporting to exercise the functions of a public official without legal authority is a misdemeanor under WV Code § 61-5-27a.
- Unsworn members of a governing board do not count toward a legal meeting quorum because they are legally barred from deliberating or voting.
- The writ of quo warranto (WV Code § 53-2-1) is the exclusive legal remedy to oust a "usurper" who intrudes into a public office without completing mandatory qualifications like the oath.
- Failure to provide a required official bond within 60 days of election or 10 days of a vacancy appointment means the office is "deemed vacant," and acting without the bond triggers a forfeiture penalty of up to $1,000.
Open Meetings and Quorum Violations
11. Under the West Virginia Open Governmental Proceedings Act (OGMA), a meeting held without a valid quorum lacks the jurisdiction to act, rendering any decisions or votes legally defective and voidable.
12. Vacant positions (including seats held by unsworn members) are not calculated when determining the number of members needed to constitute a legal quorum.
13. The OGMA requires agendas to be published at least three business days before a regular meeting and two business days before a special meeting to avoid procedural violations.
14. Willful violations of the Open Meetings Act subject the governing body to civil or criminal penalties, and courts may order the body to pay attorney fees and expenses to successful challengers.
Contractual and Liability Law Violations
15. WV Code § 5A-3-62(a)(1) explicitly prohibits public contracts from including terms that require the state or its subdivisions to "indemnify or hold harmless any entity".
16. The JacMal Letter of Intent's clause making the Solid Waste Authority (SWA) responsible for accidental damage to the privately owned transfer station functions as an illegal indemnity clause.
17. WV Code § 5A-3-62 prohibits public contracts from containing terms that limit liability for direct damages caused by third parties.
18. The SWA's agreement to a $200,000 reimbursement cap payable to a private developer if the project fails is a prohibited penalty or liquidated damages clause under WV law.
19. WV Code § 5A-3-62(a)(15) mandates that all state-related contracts must allow the government the right to cancel for convenience with 30 days' notice.
20. A 15-year fixed lease term without a 30-day cancellation for convenience clause is fundamentally noncompliant with WV public procurement law.
21. Prohibited contractual clauses signed by West Virginia public entities in violation of § 5A-3-62 are "void ab initio"—legally invalid and unenforceable from the exact moment of execution.
22. WV Constitution Article X, Section 8 governs the creation of public debt, prohibiting fiscal bodies from entering into multi-year fixed financial obligations without a vote of the citizens.
23. A multi-year public contract is unconstitutional in WV unless it contains a "non-appropriation" or "fiscal funding" clause allowing the government to terminate the agreement annually if funds are not appropriated.
24. A 15-year lease-to-own agreement with a mandatory final buyout of $1.1 million, lacking a non-appropriation clause, illegally binds the public entity to an unconstitutional present debt.
Procurement, Bidding, and Real Estate Violations
25. The Fairness in Competitive Bidding Act (WV Code § 5-22-1) mandates that all public construction projects exceeding $50,000 must be awarded to the lowest qualified responsible bidder via public solicitation.
26. Pre-selecting a vendor to design and build a transfer station without opening the project to public competitive bids directly violates WV Code § 5-22-1.
27. The WV Design-Build Procurement Act (WV Code § 5-22A-1) requires public agencies to obtain explicit, prior approval from the State Design-Build Board before pursuing a design-build project.
28. The Design-Build Act mandates the selection of an independent "performance criteria developer" who cannot be a member of the design-build team.
29. WV Code § 7-3-3(a) strictly requires that the disposal of county or district property be conducted through a public auction or formal competitive bidding.
30. A negotiated private sale of public landfill property directly to a private LLC (or via a holding corporation) without an auction violates WV Code § 7-3-3.
31. Retaining public title to a property solely as a "straw-man" owner to shield a private developer’s profit-generating asset from real property taxes violates the anti-evasion clause of WV Code § 11-3-9(b).
32. Placing a restrictive covenant in a property deed that attempts to waive a public entity's future right to exercise eminent domain is void ab initio under the reserved powers doctrine.
Tax and Fee Law Violations
33. West Virginia solid waste assessment fees are legally defined as service fees and cannot be levied as ad valorem property taxes, which must be strictly proportional to property value under WV Constitution Article X, Section 1.
34. Imposing a flat-rate solid waste fee on unimproved, vacant land that generates absolutely no waste functions as an unconstitutional tax rather than a valid regulatory fee.
35. WV Code § 22C-4-10 limits mandatory waste disposal requirements and fees strictly to persons "occupying a residence or operating a business establishment".
36. Under WV Code § 11A-1-8B, county commissions are prohibited from placing solid waste fees on property tax tickets because SWAs are independent state agencies, not direct county departments.
37. The WV Solid Waste Management Act explicitly limits civil penalties for violations of mandatory disposal regulations to $150 per year (WV Code § 22C-4-10).
38. Drafting a local regulation to levy a $150 per day penalty for solid waste violations acts ultra vires and violates the specific caps set by the state legislature.
Antitrust and Commerce Clause Violations
39. The dormant Commerce Clause of the U.S. Constitution prohibits local governments from enacting regulations that unduly burden, geographically restrict, or discriminate against interstate or regional commerce.
40. An exportation ban prohibiting municipal solid waste from leaving the county violates the Dormant Commerce Clause and contradicts the WV Legislature's explicit policy (WV Code § 22-15-1) committing to the "free flow" of solid waste.
41. A mandatory "flow control" ordinance that forces all county waste to a transfer station built and owned by a private entity functions as an unconstitutional protectionist monopoly under the Supreme Court's C&A Carbone precedent.
42. Sections 1 and 2 of the Sherman Antitrust Act (15 U.S.C. §§ 1, 2) prohibit contracts in restraint of trade and the willful acquisition or maintenance of monopoly power.
43. Local governments lose Parker state-action immunity from federal antitrust laws if their regulations are not actively supervised by the state and serve to shield a specific private company from competition.
44. While the Local Government Antitrust Act (LGAA) shields public entities from damages, private companies acting as co-conspirators to establish an illegal private monopoly remain exposed to treble damages and attorney fees under the Clayton Act.
Environmental and Waste Disposal Law Violations
45. Under the federal Asbestos NESHAP rule and WVDEP regulations, it is strictly prohibited to dispose of asbestos-containing materials (ACM) in standard municipal or C&D landfills.
46. West Virginia Asbestos Licensure Law (16-32) and the 64CSR63 licensing rule mandate that any individual or firm performing asbestos abatement or remediation must be licensed by the state.
47. WV Code § 22-15-10 prohibits the creation of an "open dump" or the burying of solid waste on private property without a properly issued Class D permit from the WVDEP.
48. WV Code § 22-15-21 strictly prohibits the disposal of whole tires in landfills, legally requiring them to be split, quartered, or shredded before burial.
49. Federal EPA rules and WVDEP regulations (33CSR1) make it illegal to crush or landfill white goods (appliances) containing refrigerants without first certifying that the CFCs/HCFCs have been safely evacuated.
50. It is a violation of the West Virginia Voluntary Remediation and Redevelopment Act (VRRA) to use untested fill dirt during a remediation project; all fill must be chemically analyzed and certified by a Licensed Remediation Specialist to meet "clean fill" standards.
Note: This is an AI product of the Salt Shaker Press and does not constitute legal advice.
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