New Member

 

As a newly appointed member of the Pocahontas County Solid Waste Authority (PCSWA), you possess direct operational, statutory, and oversight rights that individual citizens do not. You can exercise your authority on the board to investigate and expose procedural or financial improprieties through several specific actions:

1. Assert Your Right to Full Internal Records

Unlike the general public, a sitting board member does not need to rely on Freedom of Information Act (FOIA) requests to access agency records. You have an inherent right to inspect and copy all corporate and public authority records necessary to fulfill your official duties.

• Request Immediate Physical Inspection: Demand access to all internal files, draft lease agreements for Options 1–3, financial ledgers, bank statements, land survey maps, and engineering reports prepared by Podesta regarding landfill capacity.

• Obtain All Subcommittee Correspondence: Demand all written and electronic communications, text messages, meeting summaries, and notes from board member David McLaughlin and any other negotiation subcommittee members involved in private discussions with Jacob Meck or Allegheny Disposal.

2. Force Public Agenda Items and Open Debates

Under West Virginia's Open Governmental Proceedings Act (WV Code § 6-9A), board meetings must follow clear agenda notice requirements. As a board member, you can submit formal written requests to the SWA Chairman to place specific investigative items on the official monthly meeting agenda:

• Motion to Rescind Non-Bidded Agreements: Move to formally void and rescind any prior votes or commitments made regarding the Jacob Meck lease options on the grounds that they were improperly conducted without open competitive bidding.

• Motion for Competitive Procurement (RFP): Introduce a motion requiring the SWA to issue a formal Request for Proposals (RFP) and Class II legal advertisements for any proposed transfer station construction, lease, or hauling contract pursuant to West Virginia Solid Waste Management Board (SWMB) procurement guidelines.

• Subcommittee Report on the Record: Require the negotiation subcommittee to deliver a complete, open-session accounting of all off-the-record meetings held with private operators.

3. Block Illegal Closed Sessions and Require Roll-Call Voting

You can actively enforce open government compliance during board proceedings:

• Object to Improper Executive Sessions: If the board attempts to enter a closed session to discuss lease terms, financial choices, or flow control rules, formally object on the record. State clearly that WV Code § 6-9A-4 does not permit closed discussions for negotiating non-bidded contracts or making binding financial commitments.

• Demand Open Roll-Call Votes: Ensure that no final consensus or vote is taken behind closed doors. Demand that all votes regarding contracts, real estate transfers, or fee structures are conducted in open session with individual member votes recorded by name in the official minutes.

4. Demand Financial Audits and State Inspection

You can leverage state oversight mechanisms to review the SWA's financial health and procurement history:

• Invoke Statutory Audit Requirements: Call for an immediate independent audit under WV Code § 22C-4-9a(j), which requires a full audit every third year for solid waste authorities.

• Petition the State Auditor / Chief Inspector: Request that the Chief Inspector of the West Virginia State Auditor's Office conduct an examination of the PCSWA's financial accounts and contracting procedures pursuant to WV Code § 6-9-7 to determine if any misfeasance or nonfeasance has occurred.

5. Report Irregularities Directly to Oversight Agencies

Because you were appointed by the West Virginia Department of Environmental Protection (DEP), you serve as an essential link to state regulatory bodies:

• Brief the DEP: Report your investigative findings directly to the Cabinet Secretary or Solid Waste Division of the DEP, notifying them of potential public land conveyances to private entities, permit non-compliance, or improper facility siting plans.

• Notify the Solid Waste Management Board (SWMB): Inform the SWMB of procurement violations, pointing out that uncompetitive contracting and unauthorized siting plans violate board regulations and jeopardize state grant eligibility.

• File an Ethics Complaint: If evidence shows that public office was used to grant an uncompetitive financial advantage or create an unvetted private monopoly, submit a detailed report to the West Virginia Ethics Commission pursuant to WV Code § 6B-2-4.

6. Establish a Written On-the-Record Dissent

If the majority of the board attempts to override your objections and move forward with the non-bidded agreement, submit a formal written Statement of Dissent. Demand that your written dissent, detailing specific statutory violations of open meetings laws (WV Code § 6-9A), public bidding requirements (WV Code § 22C-4), and federal antitrust principles, be attached directly to the meeting minutes filed with the Pocahontas County Commission. This creates an official public record that can support future citizen injunctions or federal litigation.