FOIA

 

This infographic outlines a gap analysis of a Freedom of Information Act (FOIA) request return, identifying missing information and prescribing specific investigative follow-ups.

Key Findings from the FOIA Return

• Missing Data (Red Flags):
  
  
  • Correspondence / Emails: None provided.
    
    
  • Meeting Minutes: None provided.
    
    
  • Financials / Receipts: None provided.
    
    
• Received Data:
  
  
  • Geographic / Site Data: Exactly 1 aerial map.
    
    
  • Official Letterhead: Validated by the West Virginia State Seal.
    
    

Investigative Deductions & Context

• Jurisdiction: State of West Virginia (indicated by the official state seal).
  
  
• Location Focus: The intersection of Route 219 and Speedway (a commercial node).
  
  
• Core Issue: The heavy omission of deliberative materials (emails, minutes, financials) suggests either an incomplete agency search, heavy exemptions/redactions, or that the relevant records are held at a different administrative level (e.g., local municipality rather than state).
  
  

Prescribed Action Items

• Cross-Reference Zoning Dockets: Review local Alderman or municipal zoning board records for parcels near the Route 219 / Speedway intersection.
  
  
• Pull Local Incident Reports: Check municipal and county public safety or code enforcement logs tied to that specific commercial zone.
  
  
• Deduce Intent / File Targeted Appeals: Use the aerial map boundaries to refine parcel numbers, identify specific property owners, and issue narrower FOIA/public records requests to fill the missing documentation gap.

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Next Steps to Break the Deadlock

1. Identify the Target Municipal / County Custodian

• Jurisdictional Boundary Check: In West Virginia, if the commercial node sits along a US Route outside incorporated town limits, records default to the County Commission and County Planning/Building Commission, whereas incorporated sectors fall under the respective city or town council/zoning board.
  
  
• Corridor Identification: Route 219 intersects key commercial and racing corridors across eastern and central West Virginia (such as Randolph, Pocahontas, Greenbrier, and Mercer counties).
  
  

2. Draft Public Records / FOIA Deficiency Appeal Template

To: [Public Records Officer / Agency Legal Counsel]

Re: Freedom of Information Act Request Deficiency Notice & Scope Clarification

Reference Request Date: [Insert Date]

Subject Matter: Commercial Parcel / Intersection at Route 219 and Speedway

Dear Records Custodian,

I am writing regarding the response received for the public records request referenced above, which yielded only a single site map under West Virginia letterhead. A diagnostic review reveals that key public records required to be maintained under W. Va. Code § 29B-1 et seq. were omitted without statutory exemption citations.

Please provide or conduct a supplemental search for the following records concerning the referenced parcel/intersection from [Start Date] to [End Date]:

1. Official Deliberations & Minutes: Any recorded minutes, board meeting agendas, hearing dockets, or official findings of fact regarding zoning, permits, variances, or site plan reviews.
   
   
2. Written & Electronic Communications: All external and internal correspondence, emails, memos, and text records between agency staff, board members, and applicant/property representatives.
   
   
3. Financial & Administrative Records: Application fee receipts, impact assessments, bond filings, engineering invoices, or public infrastructure funding allocations tied to this project node.
   
   

If any portion of these records is withheld under a statutory exemption (e.g., draft material, proprietary trade secrets, or ongoing litigation), please cite the specific exemption pursuant to W. Va. Code § 29B-1-4 and provide a corresponding privilege/redaction log.

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For filings, public records requests, and regulatory notices targeting the Town of Marlinton (Pocahontas County seat along the US Route 219 corridor), the statutory recipients and parcel data parameters are calibrated as follows:

Jurisdiction & Parcel Identifiers

• County: Pocahontas County (County Code: 38)
  
  
• Municipal Tax District: Marlinton Corp (District 07 / District 7)
  
  
• Surrounding / Unincorporated District: Edray District (District 03 / District 3, for parcels abutting town limits along the Route 219 / Seneca Trail corridor)
  
  
• Parcel Mapping Authority: Pocahontas County Assessor’s Office (Courthouse, 900 10th Ave, Marlinton, WV 24954)
  
  

Primary Statutory & Administrative Notice Recipients

Authority / Filing Level	Official / Custodian	Contact / Service Address
Municipal Government (Town of Marlinton)	Mayor & Town Recorder / FOIA Officer	Town Hall, 709 2nd Ave, Marlinton, WV 24954
County Governing Body	Pocahontas County Commission	900 10th Ave, Suite C, Marlinton, WV 24954
County Records / Deeds	Pocahontas County Clerk	900 10th Ave, Suite 8, Marlinton, WV 24954
Land Assessment & Valuations	Pocahontas County Assessor	900 10th Ave, Suite 7, Marlinton, WV 24954
Highway / ROW Permits	WVDOH District 8 (Elkins) / Pocahontas Co. Maintenance HQ	WV Division of Highways, US Route 219 Corridor Division
Solid Waste / Environmental	Pocahontas County Solid Waste Authority (PCSWA)	Marlinton, WV 24954

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WEST VIRGINIA FREEDOM OF INFORMATION ACT REQUEST

(Pursuant to W. Va. Code § 29B-1-1 et seq.)

DATE: September 1, 2026

TO (CUSTODIAN OF RECORDS):

Select applicable recipient(s):

• [ ] Town Recorder / Custodian of Records, Town of Marlinton, 709 2nd Avenue, Marlinton, WV 24954
  
  
• [ ] County Clerk / Custodian of Records, Pocahontas County Commission, 900 10th Ave, Suite 8, Marlinton, WV 24954
  
  
• [ ] Pocahontas County Solid Waste Authority (PCSWA), Marlinton, WV 24954
  
  

FROM:

Norman Lee Alderman

Salt Shaker Press

Email: normanalderman@yahoo.com

RE: Public Records Request Concerning Route 219 Corridor / Municipal & County Operations

Dear Public Records Custodian:

Under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), I hereby request access to and copies of the following public records within the custody or control of your office:

Scope of Requested Records:

1. Any and all deed transfers, lease agreements, easements, rights-of-way, or proposed property transactions concerning parcels located within District 07 (Marlinton Corp) or abutting District 03 (Edray District) along the US Route 219 corridor, dated from [START DATE] to the present.
   
   
2. All correspondence, emails, memoranda, meeting minutes, and attachments between municipal or county officials and external regulatory bodies, consultants, or regional authorities concerning [INSERT SPECIFIC SUBJECT: e.g., Solid Waste Management / Facility Site Plan / Procurement / Route 219 Corridor Project].
   
   
3. All procurement bids, Requests for Proposals (RFPs), vendor responses, financial pro-formas, and executed contracts related to the aforementioned projects or properties.
   
   

Format of Records:

Pursuant to W. Va. Code § 29B-1-3(e), I request that all responsive records maintained electronically be provided in their native electronic format (e.g., searchable PDF, CSV, Excel, or .eml/.msg for email records) via electronic mail to normanalderman@yahoo.com.

Statutory Response Time & Fee Waiver:

Under W. Va. Code § 29B-1-3(e), you are required to respond within five (5) business days by granting access, providing the records, stating the specific statutory exemption relied upon for any redactions/withholdings, or providing a reasonable schedule for production.

Because these records are sought for investigative research, historical record, and public dissemination via independent civic reporting, I request that all associated search and duplication fees be waived. If search or reproduction fees will exceed $25.00, please notify me in writing in advance with an itemized cost estimate.

If any portion of this request is denied or redacted, please cite the specific statutory exemption under W. Va. Code § 29B-1-4 and release all reasonably segregable non-exempt portions.

Thank you for your assistance.

Sincerely,

Norman Lee Alderman

Salt Shaker Press

normanalderman@yahoo.com