(Civil Cases Other than Domestic Relations) IN THE CIRCUIT COURT OF CABELL COUNTY, wes VIRGINIA CIVIL CASE INFORMATION STATEMENT | L CASE STYLE: Plaintifi(s) Smith ‘5312 McCorkle Ave.. §.W/#238 ‘South Charleston, WV 25309 vs. Defendant(s) ‘Tom McComas Name 750 Fifth Ave.. Suite 101 Street Adacess Huntington, WV 25701 City, State, Zip Code Case No. 16-C- & 2. | Judge: Days to Answer 20 Type of Service ‘Substitute/Corporate IL TYPE OF CASE: General Civil Adoption ( Mass Litigation /4s defined in .C.R. 26.04(a)) Administrative Agency Appeal [1 Asbestos: D Civil Appeal from Magistrate Court IFELA Asbestos O Miscellaneous Civil Petition Cotter: ee __ (1) Mental Hygiene (Habeas Corpus/Other Extraordinary Writ CO Guardianship CO otter: Medical Malpractice VINo CASE WILL BE READY FOR TRIAL BY (Month/Year} IF YES, PLEASE SPECIFY: MIL JURY DEMAND: [] Yes IV. DO YOU OR ANY OF YOUR CLIENTS (F] Wheelchair accessible hearing room and other facilites OR WITNESSES | C1 Reader or other auxiliary aid forthe visually impaired IN THIS CASE i | D1 interpreter or other auxiliary aid for the deaf and hard of hea ReouRE spec = ACCOMMODATIONS? | 1 spokesperson or other auxiliary’ aia ‘for the speech impaired | C1 Foreign language interpreter-specify language: OYes [No Dotter : _ | Representing Plaintisr (1) Defendant | C Cross-Defendant [7] Cross-Complainant |Party Defendant Proceeding Without an Attorney Original and 4 Dated: 12 / 30 / 2016 Signature: SCA-C-100: Civil Case Information Statement (Othd __copies of complaint enclosed/at } thin Domestic Relations) Revisign Date: 12/2015Plaintiff: Jay L. Smith petal Case Number: 16.C vs. OO na Defendant: Tom McComas etal | CIVIL Cc; ‘ORMATION STATEMENT DEFENDANT(S) CONTINUATION PAGE ‘Tom McComas, sheriff of Cabell County tsName Days to Answer: 20 | Type of Service: _ Days to Answer: _ Type of Service: Days to Answer: Sweet Address Type of Service: Days to Answer: Type of Service: Days to Answer: _ Type of Service: Days to Answer: Type of Service: dn Date: 12/2015FILED | omg Ore 3D 1219 IN THE CIRCUIT COURT OF CABELL COUNTY, WEST VIRGINIA. goo Jay Lawrence Smith, an individual CO ” Plaintiff, CAE v. Civil Action No._| le -C-¥ Honorable o '8/ CHRISTOPHER D. CHI ‘Tom W. McComas, individually, and in his official capacity as the Sheriff, and ‘Treasurer of Cabell County Defendants COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: PARTIES | | | | | : f Jay Lawrence Smith (“Smith”) is a resident of Hurricane, Putnam County, Wes | Virginia. | 2. Smith is a free-lance legal researcher, and journalist whose principal place of bysiness is in South Charleston, Kanawha County, West Vit nin, 3. Defendant Tom W. McComas (“McComas”) is a resident of | Barboursville, Cai County, West Virginia and is, at all times relevant hereto, the Sheriff of Cabell County. 4. The Sheriffs elected by popular vote to a four-year term, and is limited to holding office to two consecutive terms. | | | | | | | | |5. MeComas became the Sherif of Cabell County on Jan. 1, 2009 afer successfilly | ‘unning forthe oie inthe 2008 election. He an unopposed in the 2012 election, and began serving his second, and final term on Jan. 1, 2013 | 6. Under West Virginia Code, the Sheriff also acts as the Treasurer for the coum. 7. Inhis capacity as Treasurer, the Sheriff has the power to collect all state, county, i and school taxes, disburse said taxes to the respective agencies and enforce ayent of delinquent taxes. | | Under West Virginia Code, the Sheriff, in his capacity as the Treasuer, has a duty to maintain records, available for public inspection, of all tax collections. | 9. As the conduct complained of, and as more particularly set forth herein, oceurfed in Cabell County, this matter is properly venued with this Court. FACTUAL BACKGROUND 10. Smith reincorporates the allegations set forth in paragraphs 1-9, 11. On or about Monday, Dec.. 19, 2016 Smith submitted an omnibus Freedom of Information Act (“FOIA”) request to McComas. 12. A hard copy of the request was sent at 6 a.m. to the fax machine at the executive office he maintains at the Cabell County courthouse on 750 Fifth Avenue in Huntington. ee13. A similar copy of the FOIA request was sent at 11:53 a.m. as a PDF attachmgnt to the e-mail address MeComas has displayed on the Cabell County Sheriff's Department’s re site. | 14. The FOIA request Smith sent McComas hard two parts, 15, Part I of the request sought the legal fees, and expenses McComas incurred in | defending himself in Rosanna Crum v. Michael Thornsbury, et. al., a breach of contract suit Rosanna “Rosie” Crum filed against McComas, and, among others, various current, and famer Public officials in Mingo County regarding unfulfilled promises they made to pay for the fener expenses she incurred following the death of her husband, Eugene Crum, the former Mingo County Sheriff. 46, The suit was dismissed in Mingo Circuit Cour, Earlier this yer, the state Suprbme Court affirmed the lower court’s decision | | 17. Specially, Smith asked McComas to provide the following in part I of his FOIA, request: A. The total legal fees, and expenses incurred. B. The name of the lawyers/law firms that provided representation, C. The deductible paid to the Department's insurance carrier. D. The name of said insurance carrier. 18. Part I of the request sought the legal fees, and expenses McComas incurred from the time he took office up to the Fi ¥y proceeding the submission of the request in any legal “ n filed on McComas’ behalf to collect unpaid/delinquent taxes,| | 19. Specifically, Smith asked McComas to provide the following in part II of his Fora request: | A. All requests for proposals. | B, All bids submitted. C. All advertising | D. The contract between the Department, and the winning bidder. | E. Invoices, or related documents, submitted by the lawyer/law firm tothe Department | F. Payment made by the Department tothe lawyer/law firm on said invoices, | 20. The Dec. 19, 2016 FOIA request is attached and labeled Exhibit ‘AY 21. Under West Virginia Code, a records custodian has five business days to respond toa FOIA request. 22. ‘The deadline for MeComas to respond to Smith's FOIA request was the close gf business on Friday, Dec. 23, 2016. | 23. At such time, Smith received no reply, including via e-mail or fax, from McCothas to his FOIA request. 24. As of Dec. 29, at least three full days past the statutory deadline, McComas hi —& yet to respond to Smith’s FOIA request either by fax, email or U.S. Mail. 25. The failure of Defendant McComas to answer Smith’s Dec. 19 FOIA request has | | | | prompted the filing of the instant suit. | | | | | | | | | |ARGUMENTS | 26, Smith reincorporates the allegations set forth in paragraphs 1-25. | 27. West Virginia Code § 29B-1-(L)speifcally states: “Every person has itt inspect or copy any public record of a public body in this State, except as otherwise exprefsly provided by section four [298-1-4] of this article.” 28. ‘McComas has fled to respond to Smith's request et alone cite an valid ean why the documents he requested should be exempted from disclosure. | 29. As such, MeComas has deliberately, and intentionally withheld the documents from public disclosure. | 30. 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 Defendant's refusal to disclose the records requested by Smith ® unlawful | 2. grant injunctive relief, enjoining Defendant from withholding and/or concealing records without justicton, an order production to Smith of eords improperly wihhell an or concealed to include those requested on Dec. 19, 2016. | 3. grant a permanent injunction requiring the Defendant to undergo training for better | Understanding of W. Va. Code § 29B, and implement a plan for more timely, and accurate | responses to FOIA requests; | ii 4, award Smith his costs, and reasonable attorney fees, if applicable, incurred in tts action, as required by W. Va. Code § 29B-1-7; and | 5. grant Smith such other relief as the Court may deem just and proper. | 5312 MacCorkle Ave., 8.W. 1238 Ths record uses echensudelged gue ee South Charleston, WV 25309 on 12/40/zorb 4 Jay Heanree Seah (681) 233-3382 msimediainc@yahoo.com Norte Pyprie My commiration tales olaper?. |FILED VAY 19 December 2016 Tom McComas, sheriff mms pee 30 PH 12 19 Cabell County Sheriff's Dept. Cabell County Courthouse C OP¥. K 750 Fifth Ave. ce SEER Suite 101 . Huntington, WV 25701 Dear Sheriff McComas: Pursuant to the West Virginia Freedom of Information Act (W. Va. Code 29B-1- 1L,et. seq.), I request access to the following: | I. The legal fees, and expenses incurred in defense of Rosanna S. Crum v., Michael Thornsbury, et. al. (Mingo Circuit Court, case number 15-C- 68/West Virginia Supreme Court of Appeals, case number 15-1131). Information shall include, but not be limited to, the following: A. The total legal fees, and expenses incurred. B. The name of the lawyers/law firms that provided representation. C. The deductible paid to the Department’s insurance carrier. D. The name of said insurance carrier. Il. The legal fees, and expenses incurred in pursuit of legal action against any individual and/or entity from Jan. 1, 2009 thru Dee. 15, 2016 for unpaid taxes. The information shall include, but not be limited to, the following: | A. All requests for proposals. | B. All bids submitted. | C. All advertising. | D. The contract between the Department, and the winning bidder. | E. Invoices, or related documents, submitted by the lawyer/law firm to the Department. F, Payment made by the Department to the lawyer/law firm on said invoices. 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 information is ready, I can be contacted at either the telephone or addresses listed below. I thank you, Sheriff McComas, for taking the tim field my request, and look forward to your reply. = er o5312 MacCorkle Ave., S.W. #238 South Charleston, WV 25309 (681 233-3382 mslmediainc@yahoo.com Sent via fax and e-mail