IN THE CIRCUIT COURT OF HAMPSHIRE COUNTY, WEST VIRGINIA Jay Lawrence Smith, an individual Plaintiff, Civil Action No. \G~ L790 Honorable \\) (O13 Judge Beverly C. Keadle, in her capacity as ‘the Mayor of the City of Romney, and The City of Rommey, a municipal corporation, by and through the Romney City Council. Defendants COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF ‘Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: PARTIES 1. Jay Lawrence Smith (“Smith”) is a resident of Hurricane, Putnam County, West Virginia, 2. Smith is a free-lance legal researcher, and journalist whose principal place of business is in South Charleston, Kanawha County, West Virginia. 3. Defendant Beverly C. Keadle (“Keadle”) is a resident of Romney, Hampshire County, West Virginia and is, at all times relevant hereto, the mayor of the town of Romney, the county seat.4. After waging a successful write-in campaign for recorder in 2014, Keadle was elected Romney's mayor in June‘s municipal election. 5. The City of Romney (“city”) is a municipal corporation organized under the laws of the state of West Virginia. Along with Keadle, it’s operations are overseen, and managed by an elected council, 6. As the conduct complained of, and as more particularly set forth herein, occurred in Hampshire County, this matter is properly venued with this Court. FACTUAL BACKGROUND ‘Smith restates the allegations contained in Paragraphs 1-6. 8. Sometime in January 2017, Smith leamed that police were summoned to the home of Cathe L. Moreland (“Moreland”) on Comwall Lane after receiving a call or calls of her engaging in erratic behavior. 9. Moreland is an attorney licensed to practice law in West Virginia. In addition to a private practice located within the its corporate limits, Moreland (W. Va. Bar ID No.2620), is the city’s attomey.10. On or about Wednesday, Oct, 11, Smith confirmed police presence at Moreland's home. A search of the computerized index at the Hampshire County Magistrate Clerk’s Office revealed Moreland was issued a citation by Dep. Jim Kesnel of the Hampshire County Sheriff's Office on Jan, 5, 2017 for possession of less than 15 grams of marijuana. 11. Later on or about Jan. 17, 2017 Moreland appeared before Magistrate Ronald DiCiolla, and pleaded no contest to the charge. After accepting her plea, DiCicilla sentenced ‘Moreland to six months unsupervised probation, and ordered her to pay $165.25 in court costs upon its conclusion. 12. The ease number is 17-M-33 13. Knowing there would be a collateral ethics investigation conducted by the West Virginia Office of Disciplinary Counsel (*ODC”), Smith performed an audit of Moreland’s disciplinary file on Monday, Oct. 16. 14, The audit revealed ODC opened an ethies investigation on Feb. 6, 2017 into Moreland stemming from the aforementioned case. 15, On or about May 30, the Lawyer Disciplinary Board (“Board”) closed the case, and issued Moreland an admonishment, 16. In its report issued to the Board‘s Investigative Pancl, ODC averred Moreland did not self-report the criminal charge as required by the Rules of Professional Conduct since she “did not believe it involved an act of moral turpitude, nor did it involve dishonesty, violence or breach of trust.”17, Regardless, ODC added Moreland was undergoing counseling, and, on an unspecified date, isclosed the situation to [Keadle] and City Council and offered her resignation as City Attomey” which “was not accepted.” 18. A recording Smith made of the audit can be found on YouTube at https://yout.be/cOtByDgsbie. 19. On or about Monday, Oct. 23 at 3:57 p.m., Smith called the city at its office on 340 E. Main St. to request documents regarding Moreland’s employment as its attorney, and communication regarding her resignation. 20. When nobody answered his telephone call, Smith made a verbal FOIA request via the town’s voice-messaging system. In his message, Smith requested the following: A. Any agreement signed between the city, and any member of the West Virginia State Bar for the later to provide legal services to the former. B. All documents, including those in electronic format, exchanged between the city and Cathe L, Moreland (W. Va. Bar ID #2620) between Jan. 18, 2017 to present regarding the latter’s offer to resign as the former's municipal attomey as a result of the charges filed against her in Hampshire Magistrate Court (case number 17-M-33) , and the subsequent investigation by the Office of Disciplinary Counsel. 21. Pursuant to W. Va. Code § 29B, a verbal request is a valid request for information.22. Also, a records custodian is required to respond to a FOIA request within five business days. The deadline for Defendants to answer Smith's request was Monday, October 30, 2017. 23. When he received no response to his FOIA request by the Oct. 30 deadline, Smith sent a second request in writing to Keadle dated Thursday, Nov. 2. 24. Smith’s follow-up FOIA request came prior to the city council's regularly scheduled meeting on Monday, Nov. 6. 25. The second request was sent to Keadle via electronic, and U.S. Mail. It is attached as Exhibit “A”, 26. On or about Nov. 3, Keadle responded to Smith’s follow-up FOIA request. 27. Init, Keadle said the attorney services agreement between Moreland, and the city “is a matter of public record and can be found in the Minutes of the Romney Town Council meeting of January 9, 2012,” and that Smith was “free to examine these at the Town Office between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday.” 28. Regarding Moreland’s resignation as city attorney, Keadle stated “no documents, electronic or otherwise, exist.” 29. A copy of Keadle’s Nov. 3 letter is attached as “Exhibit B”. 30. W. Va. Code § 29B-1-3(f) and -3a(a) requires a records custodians to notify the West Virginia Secretary of State's (“WVSoS”) Office of FOIA requests they receive, and their response by entering the information on a database WVSoS maintains.31. Pursuant to a Rule promulgated by WVSoS a “public body must enter the required information on the database by the tenth day of the month following completion of the request.” 32, Since defendants answered Smith's request on Nov. 3, they were obligated to post details of it to the WVSoS database by Thursday, Nov. 10. 33. Neither Defendants, nor any of their agents, posted any details about Smith's FOIA request to the WVSoS database on or subsequent to November 10. 34. Upon information and belief, the city council had on its agenda discussion of a proposed settlement of a civil suit involving Royce B. Saville (“Saville”). 35. Saville is an attorney licensed in practice law in West Virginia (W. Va. Bar LD. No. 3268) with an office in the city's corporate limits 36. Upon information and belief, Saville filed suit against Defendant city in Hampshire Circuit Court for the council’s February 2016 decision to rescind an agreement it made a month earlier to sell him at least two burial sites in the Indian Mound Cemetery. 37. Upon information and belief, Judge Carter Williams dismissed Saville’s suit (Hampshire Circuit Court, case number 16-C-70) on or about Oct. 23, two weeks prior to the council’s regularly scheduled meeting. 38. Upon information and belief, Morcland represented the city in. the Savile civil action. 39. Upon information and belief, despite potential irregularities in the manner in which it was reached, Defendants voted at the Nov. 6 council meeting to settle the Saville suit.40. On or about Nov. 30, Smith replied to Keadle’s Nov. 2 response to his FOIA request. In it, he challenged her assertion “no documents, electronic or otherwise, exist.” pertaining to Moreland’s resignation citing ODC’s admonishment. 41. Additionally, he enclosed $1 as payment for the city to reproduce the minutes of the January 9, 2012 council meeting referencing the city retaining Moreland as its attorney. 42. A copy Smith’s Nov. 30 letter is attached as Exhibit “C” 43. Also on Nov. 30, Smith sent a FOIA request to Keadle for documents related to the settlement reached in the Saville civil suit. A copy is attached as Exhibit “D”. 44. Both were sent to Keadle via electronic, and U.S. Mail in advance of the city’s regularly scheduled council meeting on Monday, Dec. 5. 45. On or about Tuesday, Dec. 6, Keadle responded to both his Nov. 30 reply regarding Moreland, and the Nov. 30 FOIA request for details of the Saville settlement. 46. Init, she provided some useful information, but declined to provide details of the settlement, including, but not limited to, any release of claims signed by the parties instead saying the “final order is a matter of public record on file with the Hampshire County Circuit Clerk’s Office.” 47. Additionally, she continued to aver that the city was not in possession of any documents regarding Moreland’s offer to resign as its attomey.48. Without addressing his request for the minutes of the Jan. 9, 2012 council meeting, Keadle concluded her Dec. 6 letter saying “The one-dollar ($1.00) that you included to cover what you called ‘actual cost’ to reproduce the documents is enclosed.” 49 A copy of Keadle’s Dec. 6 letter is attached as Exhibit “E”. 50. Like with his one on Oct. 23, Defendants were obligated to post details of Smith’s Nov. 30 FOIA request to the WVSoS database. Though it fell on a Sunday, neither they, nor any of their agents, posted any details about Smith’s FOIA request to the WVSoS database on or subsequent to Dec. 10. 51. On or about Feb. 2, Smith replied to Keadle’s Dec. letter responding to his two FOLA requests. In it, he informed her that unless she could cite a specific reason under W. Va. Code § 29B why the documents he requested were exempt from public disclosure, the city was obligated to “make available for public inspection any document under its custody and/or control.” 52. Also, the $1 Smith included was for the city to reproduce the records he requested since making at minimum 8 hour round-trip was impracticable. 53. A copy of Smith’s Feb. 2 letter, which was sent via electronic, and U.S. Mail in advance of the city’s regularly scheduled Monday, Feb. 5 council meeting, is attached as Exhibit “Rm,54. On or about Feb. 12, Keadle responded to Smith’s Feb. 2 letter. In it, she parroted the answers from her prior letters saying that the documents Smith requested could either be viewed either in the Hampshire Circuit Clerk’s or Defendant city’s offices during their regular business hours. 55. The $1 Smith again enclosed with this Feb. 2 letter was again being “herewith returned“, Keadle said, since Defendant city’s “fee for copying is $1.00 per page.” 56. In none of her prior correspondence with Smith - which are attached as exhibits to this complaint - did Keadle make reference to any fee associated with reproducing records in Defendant city’s possession. 57. Upomt information and believe, no such “policy” exists as a search of Defendant city’s Web site (http://www.cityofromney.com) returns no results. 58. A screen shot of the search for Defendant city’s FOIA fee policy is attached as, “Exhibits H & I” 59. The failure by Defendants to provide Smith the records he requested on Oct. 23, and Nov. 30, 2017 has prompted the filing of the instant suit. ARGUMENTS, 60. Smith restates the allegations in paragraphs 1-.61. W. Va, Code § 29B-1-3(1) specifically states: “Every person has a right to inspect or copy any public record of a public body in this State, except as otherwise expressly provided by section four [29B-1-4] of this article.” 62 Defendants have failed to provide a reason under § 29B-1-4(1) as to why Smith cannot see the information he requested on Oct. 23, and Nov. 30. Instead, they have resorted to an old Hampshire County favorite by requiring him to incur necessary time and expense in a trip to Romney so as to thwart and frustrate his effort to obtain the requested information. 63. Furthermore, the defendants have attempted to create an unnecessary burden for the public to obtain documents in their possession by creating a- albeit phantom one - FOIA fee policy. The $1/page fee cited by Keadle in her Feb. 12 letter violates W. Va. Code § 29B as it exceeds the “actual cost” of reproduction by 5,000 percent [Emphasis added] 64. Defendants have deliberately, intentionally, wantonly, vexatiously and maliciously failed to provide Smith the records he requested. 65. As such, Defendants have not only demonstrated themselves to be incompetent, but also derelict in their duties. 66. Also, their misconduct has created an additional expense to the public, including the citizens of Romney, through unnecessary litigation. 67. Smith’s interest in this action outweighs any arguments for non-disclosure. Moreover, the information requested is public.WHEREFORE, the Plaintiff prays that this Court: 1. declare that the Defendants’ refusal to disclose the records requested by Smith is unlawful; 2. grant injunctive relief enjoining Defendants from withholding records without justification, and order production at Defendants’ cost to Smith of records improperly withheld; 3. grant injunctive relief compelling Defendants to notify the West Virginia Secretary of State’s Office of their responses to Smith's FOIA requests including the instant suit‘s final outcome; 4. grant a permanent injunction requiring the Defendants to undergo training for better understanding of W. Va. Code §29B, and implement a plan for more timely, and accurate responses to FOIA requests; 5. grant a permanent injunction requiring Defendants, in accordance with W. Va. Code § 29B, as amended in 2015 by H.B. 2636, to establish a “reasonable fee” for duplication of records made with Defendants’ devices not to exceed $.05/page. 6. grant injunctive relieve enjoining Defendants from enforcing any policy, implied or express, prohibiting anyone from using his or her own device to duplicate and/or make a recording of documents in the Defendants” possession; 7. award Smith his costs, and reasonable attorney fees - if applicable - incurred in this. action, as required by W. Va. Code §29B-1-7; and 8. grant Smith such other relief as the Court may deem just and proper.Ck jay Lawrence Smith Pro se 9312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 (681) 233-3293 msimediaine@yahoo.com SJade-cg wl Coun ot Rouaw the Srorageing rnsumerk wos rkansletzed bole ma this 27 as of Apel soe by Tau Lewrence Smt MY Commissronexetres JO 3-24 Cust A Weber Notary Puke "NOTARY PUSLIC OFFICAL SEAL ANGELA G MELTOM state of West sy come tea\p/ Beverly Keadle, mayor ‘of Romney ty Office Bldg. 340 E. Main St. Romney, WV 26757 Dear Mayor Keadle: Pursuant to the West Virginia Freedom of Information Act (W. Va. Code 29B-1- 1,et. seq.), I request access to the following: I. Any agreement signed between the city, and any member of the West Virginia State Bar for the later to provide legal services to the former. Il. All documents, including those in electronic format, exchanged between the city and Cathe L. Moreland (W. Va. Bar ID #2620) between Jan. 18, 2017 to present regarding the latter's offer to resign as the former’s municipal attorney as a result of the charges filed against her in Hampshire Magistrate Court (ease number 17-M-33) , and the subsequent investigation by the Office of Disciplinary Counsel. THIS IS A SECOND REQUEST FOR INFORMATION. ‘As required by the Act, J expect your response within five business days. If you chose to deny all or part of my request, please cite the specific part of the Code for your denial. Once the documents are available, they can be sent to me at one of the addresses below. Ithank you, Mayor Keadle, for taking the time to field my request, and look forward to your reply. |. Smith 5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 | (681) 233-3293 mslmediainc@yahoo.com Sent via email and U.S. Mail/ TOWN OF ROMNEY \ B/ WEST VIRGINIA’S FIRST TOWN - Est. 1762 November 3, 2017 Lawrence J. Smith 5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 Dear Mr. Smith: This letter is in response to your correspondence dated November 2, 2017, requesting information. Your request Number 1 is a matter of public record and can be found in the Minutes of Romney Town Council meeting of January 9, 2012. You are free to examine these at the ‘Town Office between the hours of 8:00 a.m. to 4:30 p.m, Monday through Friday. To reply to your request Number 2, no documents, electronic or otherwise, exist. Your letter stated that it was “a second request for information,” to which | answer that ‘no such request had previously been received, Sincerely, -” Beverly C-Keadle Mayor 340 EAST MAIN STREET ROMNEY, WEST VIRGINIA. 26757 you bar30 November 2017 Dear Mayor Keadle: Tm in receipt of your Nov. 3 letter responding to my follow-up omnibus Freedom of Information Act request for city legal services. I apologize for the belated reply, but your response is insufficient. Enclosed, you will find a copy of the admonishment issued on May 30 by the state Office of Disciplinary Counsel to Ms. Moreland related to the criminal charge filed against her in January for possession of a controlled substance. It contradicts your claim that there are no documents in the: city’s possession. regarding her offer to resign as city attorney following issuance of the citation. Ive highlighted the relevant portion. Please have your staff double check the city’s records. Also, you will find enclosed $1, This is payment for the “actual cost” to reproduce not only the documents requested on my pending request, but also the accompanying one for the terms of the settlement in Saville v. city of Romney. Sin Ce J. Smith Enclosures 2 5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 (681) 233-3293 mslmediaine@yahoo.com Sent via email and U.S. Mail— LAWYER DISCIPLINARY BOARD INVESTIGATIVE PANEL CLOSING —_—— LD. No.: 17-02-054 Date Complaint Received: February 63 2017 COMPLAINANT: Office of Lawyer Disciplinary Counsel 4700 MacCorkle Avenue S.E. Suite 12000 Charleston, West Virginia 25304 RESPONDENT: Cathe L. Moreland, Esquire “Bar No: 2620 52 West Rosemary Lane Romney, West Virginia 26757 . THE INVESTIGATION OF THIS MATTER having been completed and a report having been made to the Investigative Panel of the Lawyer Disciplinary Board, the Panel orders that this complaint be closed with an admonishment for the following =o ’ STATEMENT OF FACTS Pursuant to Rule 2.4(a) of the Rules of Lawyer Disciplinary Procedure, the Office of Disciplinary Counsel (“OD”) docketed this complaint against Respondent Cathe L.” Moreland, Esquire, a licensed member of the West Virginia State Bar, The instant complaint was initiated by the ODC after review of a Criminal Judgment Order that had been entered in the Magistrate Coutt of Hampshire County, West Virginia, on January 17, 2017. The Order set forth that Respondent entered a no contest plea for one count of W.Va. Code §60A-04-401(c) [Knowingly or intentionally stossat oye ALE ear’possessing a controlled substance without a valid prescription] for an incident that took place on January 5, 2017. The substance found in Respondent's possession was less than fifteen (15) grams of marijuana. Because it was Respondent’s first offense, proceedings in the case were deferred and Respondent was sentenced to unsupervised probation for six (6) months and ordered to pay court costs. Respondent did not self-report this matter to the Office of Lawyer Disciplinary Counsel. In her response, Respondent admitted the accuracy of the filings from the Hampshire County Magistrate Court. Respondent stated that she was home alone on January 5, 2107, when she experienced a medical emergency around 1:30 am, unrelated to the aforementioned conduct. She said that she contacted the rescue squad for assistance and the deputy sheriff that followed the rescue squad to her residence observed a “small amount of cannabis” in Respondent's home. Later, at the emergency room where she was receiving treatment, Respondent said that she was issued a citation for possession of less than fifteen (15) grams of marijuana, and she pled no contest to the charge soon thereafter. Respondent asserted that the incident was not a violation of Rule 8.4(b), as she did not believe it involved an act or moral turpitude, nor did it involve dishonesty, violence, or breach of trust. Respondent also asserted that no client, third party, or member of the public was in any way harmed. She stated that her ability to perform her obligations as an attomey were never compromised. Respondent expects the matter to be dismissed / conditionally discharged with no entry of judgment as she has complied fully with the 70432terms of her probation. After an additional six (6) months, ‘move to have all records related to the case expunged from her record. Respondent stated that she disclosed the situation to the Mayor and City Council, and offered her resignation as City Attomey. She said that her resignation was not accepted. Respondent also stated that she had been in communication with the Lawyers Assistance Program and continues to consult with her personal counselor. REASON CLOSED Rule 8.4(b) of the Rules of Professional Conduct states that “it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.” As an officer of the Court and legal system, a lawyer’s conduct should always conform to the requirements of the law, both in professional service to clients and in the lawyer's personal affairs, Respondent admits she has engaged in conduct that is in violation of State law. The primary purpose of the Lawyer Disciplinary Board is not punishment but Tather the protection of the public and the reassurance of the public as to the integrity of attorneys. The Investigative Panel of the Lawyer Disciplinary Board in no way condones the conduct of Respondent but acknowledges that Respondent fully accepts responsibility for her conduct and has expressed remorse for the Situation. Accordingly, the Panel hereby admonishes Respondent for violating Rule 8.4(b) the Rules of Professional Conduct, strongly cautions her to avoid this type of behavior, and warns her that such behavior in the future will result in more severe disciplinary action. nee 106320fPursuant to Rule 2.9(c) of the Rules of Lawyer Disciplinary Procedure, Respondent has fourteen days after receipt of this closing to object to the issuance of the admonishment. This written admonishment shall be available to the public, but shall not be reported to any other jurisdiction in which the respondent is licensed to practice law. Upon the filing of a timely objection, the Investigative Panel shall file a formal charge with the Clerk of the Supreme Court of Appeals. ADMONISHMENT ISSUED and CLOSING ORDERED on the 30° day of May, 2017, and ENTERED this the 30" day of May, 2017. ~082mfee STATE OF WEST VIRGINIA OFFICE OF LAWYER DISCIPLINARY COUNSEL CITY CENTER EAST SUITE 1200C 4700 MacCORKLE AVENUE, SE CHARLESTON, WEST VIRGINIA 25304 Office: (304) 558-7999 Fax: (304) 558-4015 Website: www wvodcorg eee pee ‘Rachael L. Fletcher Cipoletti Renée N. Frymyer Senior Lawyer Disciplinary Counsel Jessica H. Donahue Rhodes ‘Andrea J. Hinerman Joanne M. Vella Kirby May 30, 2017 Cathe L. Moreland, Esquire 52 W Rosemary Ln Romney, WV 26757 Re: Complaint of ODC ED. No. 17-02-054 Dear Ms. Moreland: Enclosed please find a copy of the Investigative Panel Findings and Conclusions with respect to the above-referenced complaint filed against you. This matter has been investigated by this office and was reviewed by the Investigative Panel of the Lawyer Disciplinary Board at its May 30, 2017 meeting. ‘The Investigative Panel found that probable cause does exist, but that formal discipline is not appropriate under the circumstances. The Panel voted to admonish you as a result of this complaint. Under the Rules of Lawyer Disciplinary Procedure, you have fourteen days after receiving a copy of this closing in which to file any objections. Upon the filing of an objection, a Statement of Charges will be issued and this matter will be set for a hearing before the Hearing Panel of the Lawyer Disciplinary Board. Sincerely, Chu dy Qu Frymyer Lawyer Disciplinary Counsel RNFicjm Enclosure yi FE cor‘0 4 Beverly Keadle, mayor City of Romney City Office Bldg. 340 E. Main St. Romney, WV 25757 Dear Mayor Keadle: Pursuant to the West Virginia Freedom of Information Act (W. Va. Code 29B-1- 1,et. seq.), I request access to the following: * The settlement reached in Royce Saville v. the City of Romney (Hampshire Circuit Court, case number 16-C-70). Information shall include, but not be limited to, the following: 1. The release of claims signed by the parties. 2. Any payout made by the city either through its general revenue fund or a third party. 3. The deductible paid to the city’s insurance carrier. 4. The legal fees, and expenses incurred by the lawyers/law firms representing the city. As required by the Act, I expect your response within five business days. If you chose to deny all or part of my request, please cite the specific part of the Code for your denial. Once the documents are ready, they can be sent to me at one of the addresses listed below. I thank you, Mayor Keadle, for taking the time to field my request, and look forward to your reply. Smith 5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 (681) 233-3293, mslmediainc@yahoo.com Sent via e-mail and U.S. MailVE “ Town of Romney ‘West Vinginia’s First Town - 1762 December 6, 2017 Lawrence J. Smith 5312 MacCorkle Ave., S.W. #238 South Charleston, West Virginia 25309 Dear Mr. Smith: In response to your letters of November 30, 2017, which were received today, the first concerning the settlement reached in Hampshire County Circuit Court, case number 16-C-70, Saville v the City of Romney, here are the answers to your questions: Question No, 1. The release of claims signed by the patties. ‘Answer: ‘The final order is @ matter of public record on file at the Hampshire County Circuit Clerk’s Office Question No. 2. Payout made by the Town either through its general revenue fund or a thitd party. Answer: None Question No. 3. The deductible paid to the city’s insurance carrier. Answer: None Question No. 4, The legal fees, and expenses incurred by the lawyers/law firms representing the city, Answer: ‘The only fee was a payment of $400.00 to Bean and Bean, Attorneys at law, for ‘mediation which is on file in the Town Office. The Town Attorney represented the Town and is an employee of the Town, paid on a monthly basis, no additional funds paid to her. Her compensation is subject to the Fee Service Agreement on file at the Town Office, The second letter questioning my reply of November 3 to your letter of November 2 for the following ‘enquiry into Hampshire County Magistrate Case 17-M-33: Question: Requesting “documents in the city’s possession regarding” the Town's Attorney “offer to resign as city attorney following issuance of the citation.” Answer: There are no documents, The one-dollar bill ($1.00) that you included to cover what you called “actual cost” to reproduce the documents requested is enclosed.{tis my belief that these answers will conclude your investigation into the two cases, Sincerely, a\RY 2 February 2018 Beverly Keadle, mayor City of Romney City Office Bldg. 340 E. Main St. Romney, WV 26757 Dear Mayor Keadle: Y'm in receipt of your Dec. 6 letter responding to my follow-up letter regarding legal services provided to the city. I thank you for the prompt reply. It does answer most of what I requested. However, the one lingering matter is the return of the $1 bill. As I stated, it was to cover the costs of photocopying not only the council minutes where Ms. Moreland’s hiring was discussed, but also those related to the settlement reached in Saville v. the city of Romney (Hampshire Circuit Court, case number 16-C-70). Though I appreciate you informing me the final order entered is on file with the circuit clerk’s office, I should remind you the city - unless it can site a specific exemption under W. Va. Code §29B - is obligated to make available for public inspection any document under its custody and/or control. Since you aver it is public record, I expect the Saville final order to be provided with any further delay or discussion. Once it, and the minute minutes, are sent to me, I'll consider the matter closed. Since Lat J. Smith Enclosure 5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 (681) 233-3293 mslmediainc@yahoo.com Sent via email and U.S. Mailwater neice ren . 4013666710 l aeweeTown of Romney ‘West Virginia's First Town - 1762 February 12, 2018 Lawrence J. Smith 5312 MacCorkle Ave., §.W. #238 South Charleston, West Virginia 25309 Dear Mr. Smith: In response to your letter of February 2, 2018, please note the following 1. The minutes of Council Meeting that include the agreement for services with Attorney Cathe Moreland are available for your inspection at the Town Office, Monday through Friday from 8:00 a.m. until 4:30 p.m. The fee for copying is $1.00 per page. 2. The Order of Dismissal with Prejudice in the Saville v. City of Romney case is available from the Hampshire County Circuit Clerk's Office at 50 South High Street, Romney, West Virginia. ‘The one-dolla bil (1.00) that you included to cover what you termed in your previous correspondence 5 “actual cost” to reproduce the documents requested is herewith returned {tis my belief that these answers will conclude your investigation into the two cases. Sincerely, Of? CNM Reach Beverly C. Kade, May Bc: Cathe Moreland including your letter of 2-2-18 by email and uspsWelcome te Remney, West Virginias oldest city! Romney isa city in, and tle county seat of, Hampshire County, West Virginia, United States, The population was 1848 at thecityofromney.com West Vi Feedback... Societal... Steven Ha. or use theIN THE CIRCUIT COURT OF HAMPSHIRE COUNTY, WEST VIRGINIA CIVIL CASE INFORMATION STATEMENT « Cases Other than Domestic Relations) wee eee eS oe oe I. CASE STYLE: Case No. 18-C- AQ Plaintif(s) Judge: Jay Lawrence Smith 3312 MacCorkle Ave... §.W./H238 Days to Defendant(s) Answer Type of Service Beverly C. Keadle. mayor 20 Sheriff Personal/Substiture Name 101 Wireman Hill Ré. Street Address Romney. WV 26757 __ City, State, Zip Code W, TYPE OF CASE: General Civil © Adoption C1 Mass Litigation [4s defined in T.C.R. 26.04(a)] () Administrative Agency Appeal LD Asbestos © Civil Appeal from Magistrate Court FELA Asbestos 2 Miscellaneous Civil Petition O otter: _- Mental Hygiene Habeas Corpus/Other Extraordinary Writ (Guardianship O other: I. JURY DEMAND: [1] Ye: ( Medical Malpractice No CASE WILL BE READY FOR TRIAL BY (Month/Year): _/ IV. DO YOU OR ANY IF YES, PLEASE SPECIFY: OF YOUR CLIENTS —_ [] Wheelchair accessible hearing room and other facilites OR WITNESSES | Reader or other auxiliary aid for the ‘visually impaired IN THIS CASE i D7 imerpreter or other auxiliary aid for the deaf and hard of hearing REQUIRE SPECIAL | falsnee ; sperson or other auxiliary aid for the speech impaired 0. INS? ACCOMMODATIONS? | 7) roreign lnguage interpreter-specify language: _ Dyes 7 No | Dotter: Attomey Name: | Representing Firm: {CO Plainsisr (0 Defendam Address: i cross-Defendant 7) Cross-Complainant Telephone: _ | 3rd-Party Plaintift (1 3rd-Party Defendant [7] Proceeding Without an Attorney Original and__3__copies of complaint enclosed/attached! Dated: 04 / 27 / 2018 Signature: SCA-C-100; Civil Case Information Statement (OtPlaintiff: Jay Lawrence Smith setal_ Case Number: 18-C- vs. Defendant: Beverly C. Keadle, CIVIL CASE INFORMATION STATEMENT DEFENDANT(S) CONTINUATION PAGE, City of Romney 340 E. Main St. Daysto Answer: 20 ‘Type of Service: Sheriff- Corporate Days to Answer: Type of Service: __ Days to Answer: Type of Service: Days to Answer: Type of Service: Defendants Name = Days to Answer: Sweet Address a Type of Service: _ ily. Sia, Zip Code Days to Answer: eet AGES —— = Type of Service: Days to Answer reer A OO —_——_ ‘Type of Service: SCA-C-100: Civil Case Information Statement Defendant(s) Continuation Page Revision Date: 12/2015