Jay Lawrence Smith, an individual

Plaintiff,
v.
Mark Plants, in his capacity as
Kanawha County Prosecuting Attorney, and
The Kanawha County Prosecuting Attorney's
Office, a government agency,
Defendants
J4 /I (t~'~1 Civil Action No. -t- ~~I!
Honorable J{J,/Y1' e 'Judge
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 Mark Plants ("Plants") is a resident of Charleston, Kanawha County, West
Virginia and is, at all times relevant hereto, the Prosecuting Attorney for Kanawha County.
4. Defendant Kanawha County Prosecuting Attorney's Office ("Prosecuting Attorney's
Office") is a government agency organized under the laws of the state of West Virginia, and has
an address of301 Virginia St., East, Charleston, West Virginia, 25301.
5. This Court has jurisdiction over this matter and over the parties.
6. As the conduct complained of, and as more particularly set forth herein, occurred in
Kanawha County, this matter is properly venued with,this Court.
FACTUAL BACKGROUND
7. Smith restates the allegations contained in Paragraphs 1-6.
8. Sometime in the late Fall of2013, Smith received a tip about suspected mis-use
and/or -appropriation of funds in the Prosecuting Attorney's Office. Specifically, the mis-use
and/or -appropriation of funds was related to two adjuncts to the Prosecuting Attorney's Office
for victims advocacy - The Starlena Pratt Foundation (the "Foundation"), and The Kanawha
County Victim Services Center ("KCVSC").
9. About a year into his first term, Plants announced his intention to create a "one-stop
shop" in the Prosecuting Attorney's Office for victims of domestic violence. The announcement
came in the course of Domestic Violence Awareness Month, and as the Prosecuting Attorney's
Office was handling the case of Starlena Pratt, a South Charleston woman who was set ablaze by
her estranged boyfriend, Farley Rhodes, in August 2008, and died a month later.
10. In the Spring of 20 10, as the Prosecuting Attorney's Office reached a plea agreement
with Rhodes, and a date for his sentencing was set, more details ofthe domestic violence "one-
stop shop" began to emerge.
11. According to media reports at the time, Plants announced the creation ofKCVSC
under the command, and control of the Prosecuting Attorney's Office, but located at office space
vacated by the Kanawha County Assessor's Office at the Kanawha County Courthouse
("Courthouse") a block away on 409 Virginia St., East.
12. Also, Plants announced Felicia Bush ("Bush"), the former executive director ofthe
Charleston YMCA's Resolve Family Abuse program, would be KCVSC's executive director.
13. Furthermore, Plants said the Foundation would be named in Pratt's honor, and used
to aid in funding KCVSC's activities.
14. Records filed with the West Virginia Secretary of State's Office ("Secretary of
State") show the Foundation was incorporated on March 9, 2010 (Attached as Exbibit "A").
15. In addition to incorporator, Plants is listed as the Foundation's President. Also, two
employees of the Prosecuting Attorney's Office at the time - Maryclaire Akers ("Akers"), an
assistant prosecutor, and co-chief of staff, and Blaire Carney-Smith ("Carney-Smith"), a victims
advocate - were listed as the Foundation's vice-president, and secretary, respectively.
16. Also, Bush was listed as one of the Foundation's directors.
17. Furthermore, on the very same day the Foundation was incorporated, Bush
incorporated a for-profit business named "Balance, LLC" located at 207 Ruffner Ave.,
Charleston, WV 25311.
18. According to its articles of incorporation, Balance, LLC' s business classification is
identical to the Foundation's specifically offering "trauma recovery and wellness counseling
services to individuals and families." (Attached as Exhibit "B.")
19. Eventually, both the Foundation, and KCVSC were unveiled to the public with much
fanfare in April 2011.
20. Shortly after receiving the tip about mis-use and/or -appropriation of funds
concerning the Foundation, and KCVSC, Smith on or about Dec. 20, 2013 presented himself to
the lobby of the W. Kent Carper Justice and Public Safety Complex (the "Carper Complex")
where the Prosecuting Attorney's Office is located with the Kanawha County She~ s
Department ("KCSD").
21. When asked by a receptionist in the Carper Complex ifhe needed to see someone
with the Prosecuting Attorney's Office or KCSD, Smith said he needed to speak with someone in
the Foundation.
22. After making a few telephone calls, the receptionist asked a woman named "Monica"
walking by to whom she should refer Smith. Before entering the controlled-access door that
leads to the Prosecuting Attorney's Office, "Monica" said '''Call the prosecutor on duty
[Emphasis added].'''
23. When attempts to reach the on-duty prosecutor were unsuccessful, Smith was told to
have a seat, and someone would speak: with him shortly.
24. Less than five minutes later, two women, who were later identified as Caroline Carte
("Carte) and Rachael Epling ("Epling") came into the Carper Complex lobby to speak: with
Smith. At the time, Carte and Epling were employed by the Prosecuting Attorney's Office as
victims' advocates.
25. When asked how they could be of assistance, Smith requested from Carte and Epling,
among other things, the Foundation's 990 filings, and audit reports for the last three years, all
documents it submitted to the Internal Revenue Service ("IRS") seeking tax-exempt status and
the letter it received from the IRS granting it tax-exempt status.
26. With a quizzical look on her face, Carte replied "Oh, wow! We don't have that. I
mean on request right now. I don't know who you'd get that from. "
27. When Smith informed them, by law, they were required to produce the requested
information, Carte said, "Well, we're just victims advocates. We just work here." Also, Epling
said "You'll have to speak with someone that's got a much larger pay grade than we do."
28. Eventually, Carte said she recalled the Foundation's board meeting not too long ago,
and voting to dissolve it. Also, she suggested any further inquires be made to Plants.
29. Afterwards, Smith thanked Carte and Epling for their time, and promptly left the
Carper Complex.
30. Upon conducting additional research, Smith discovered the Foundation was
dissolved. However, it was dissolved administratively by the Secretary of State on Nov. 1,2013
for failure to file its 2014 annual report (Attached as Exhibit "C").
31. About a month prior to the administrative dissolution, the Foundation filed an
"Application to Appoint Or Change Process, Officers, and/or Address." Specifically, Akers
asked that she be removed as its vice-president (Attached as Exhibit "D").
32. The request came eight months after Plants fired Akers for unspecified reasons, and
two months after she took a job with the state Attorney General's Office. Also, the request came
the same month Kallie Cart with WCHS- TV 8/FOX 11 reported the Kanawha County
Commission ("the Commission") demanded KCVSC vacate the space it was using the
Courthouse due to a lack of demand for its services.
33. Also, Smith discovered two years prior, the Foundation's board filed an amendment
to its articles of incorporation (Attached as Exhibit "E"). On Oct. 8, 2010, the Secretary of
State approved the following:
A. Correcting the spelling of the Foundation's namesake from "Starlina" to
"Starlena.
B. Amending its "Business Legal Purpose" to that of "A charitable foundation
organized to support the work ofthe KCVSC through grant writing and fundraising activities."
C. Replacing Carney-Smith as the Foundation's secretary with Sarah Foster
("Foster").
34. At the time of the amendment was approved, Foster was employed as Plants'
personal secretary in the Prosecuting Attorney's Office.
35. On or about April 5, 2011, the Foundation filed an amendment to its Articles of
Incorporation specifying how any money in its name was to be distributed should it be dissolved.
The amendment, which was signed by Plants, stated that upon dissolution, the Foundation's
"assets shall be distributed for one or more exempt purposes within the meaning of section
501(c)(3) ofthe Internal Revenue code, or corresponding section of any future federal tax code,
or shall be distributed to the federal government, or to a state or local government, for a public
purpose. Any such assets not disposed of shall be disposed of by a Court of Competent
Jurisdiction of the county in which the principal organization is then located, exclusively for such
purposes or to such organizations, as said Court shall determine, which are organized and
operated exclusively for such purposes (Attached as Exhibit "F").
36. On or about February 24,2014, Smith sent Plants a FOIA request seeking much of
the same information he sought during his Dec. 20,2013 visit to the Carper Complex. Because
the verbal request he made of Carte and Epling is considered in the opinion of the state Attorney
General to be a valid request under W. Va. Code 29B-l-1, et. seq. (the "FOIA law), Smith noted
it was his second request for information (Attached as Exhibit "G").
37. Under the FOIA law, a records custodian is required to at least respond in writing
within five business days. The deadline for Plants to respond would've been in a letter dated
March 3,2014.
38. When Smith did not receive a reply by the deadline, he sent Plants a third FOIA
requested dated March 3. The third FOIA request was identical to the second one dated February
24 except it gave Plants a deadline of March 10 to comply, and warned him of the consequences
of non-compliance (Attached as Exhibit "H").
39. Despite missing the March 10 deadline, Plants via his agent, Daniel Holstein
G
("Holstein"), an assistant prosecutor, and chief of staff of the Prosecuting Attorney's Office, sent
Smith some of the information he requested in a white, letter-sized envelope dated March 17,
2014.
40. In his cover letter dated three days earlier, Holstein said only item number 10 of
Smith's February 24,2013 FOIA request - the partnership agreements between the Prosecuting
Attorney's Office, and any organization or entity in North America - was available (Attached as
Exhibit "I"). They included:
A. The Kanawha Institute on Social Action and Research ("KISRA").
B. The Charleston Police Department ("CPD").
C. Christ Church United Methodist ("CCUM").
D. KCSD.
E. Marshall University Graduate College ("MUGC").
F. Legal Aid of West Virginia ("LAWV").
G. Mothers Against Drunk Driving ("MADD").
H. Family Counseling ConnectionlREACH
I. West Virginia State University ("WVSU").
41. In his letter, Holstein said the Prosecuting Attorney's Office "has no responsive
documents" regarding the remaining information Smith requested.
42. On or about April 17, 2014, Smith responded to Holstein's letter challenging his
assertion neither Plants nor the Prosecuting Attorney's Office had documents responsive to his
February 24, 2014 FOIA request. This included financial documents for both the Foundation,
and KCVSC, and statistical data of people who sought assistance from KCVSC since it opened
to the public (Attached as Exhibit "J").
43. Both the Foundation, and KCVSC have pages on the social networking site
Facebook. The respective URLs are facebook.com/pages/The-Starlena-Pratt-
Foundation/13563 8343151967 and facebook.com/pageslKanawha-County- Victim-Services-
Center1l28843447185609.
44. On or about April 6, 2014 Smith discovered on one or both of the Facebook pages
that the Foundation was the beneficiary of ticket sales for the 2011, 2012 and 2013 showing of
"The Vagina Monologues" in Charleston (Attached as Exhibits "K," "L" & "M").
45. An entry on KCVSC's Facebook page on February 21,2011 announced that year's
production of "The Vagina Monologues" raised "$4,000 for the Kanawha County Victim
Services Center through the Starlena Pratt Foundation" and the play was '"to be one of two annual
signature events for the FoundationIVSC" (Exhibit "K").
46. Also, an entry dated February 28, 2011 announced Carney-Smith was successful in
raising $368 for the Foundation during a Cardio Rhythm class held four days earlier at the South
Charleston Community Center (Exhibit "K").
47. About two months later, an entry was made on KCVSC's Facebook page
encouraging people either to attend or place an ad in the program guide for the May 11, 2011
production of Chocolate Jazz featuring David Wells and Hook. The proceeds of the event were
to benefit the Foundation (Attached as Exhibit "N").
48. On or about April 25, 2012, KCVSC held an open house outside the Courthouse in
observance of both Crime Victims' Rights Week, and its one-year anniversary. Various pictures
of this event are posted its Facebook page.
49. One picture shows a small poster on the wall ofKCVSC's office that reads "604
Partner Agency Referralsll51 Non-Partner Agency Referrals (Attached as Exhibit "0").
50. Another picture shows another small poster with the writing "59 Return
Clientsll ,225 Direct Services" (Attached as Exhibit "P").
51. The open house was attended by Holstein who is shown releasing a balloon at an
unspecified time (Attached as Exhibit "Q"). This is same Holstein who claimed both Plants,
and the Prosecuting Attorney's Office had "no responsive documents" to the information Smith
specified in his February 24,2014 FOIA request.
52. The failure of the Defendants to provide Smith the information he first requested on
December 20, 2013 has prompted the instant suit.
ARGUMENTS
53. Smith restates the allegations in paragraphs 1-53.
54. 29B-I-3(1) of the FOIA law 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."
55. Defendants have failed to provide a reason under 29B-1-4(1) as to why Smith cannot
see the information he first requested on December 20,2013 ..
56. Instead, Defendants have deliberately, wantonly, vexatiously and maliciously
withheld the documents from public disclosure.
57. 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 as
unlawful;
2. grant injunctive relief, enjoining Defendants from withholding records without
justification, and order production to Smith of records improperly withheld;
3. grant a permanent injunction requiring the Defendants to undergo training for better
understanding ofW. Va. Code 29B, and implement a plan for more timely, and accurate
responses to FOIA requests;
4. award Smith his costs, and reasonable attorney fees, if applicable, incurred in this
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 MaeCorkle Ave., S.W.
#238
South Charleston, WV 25309
(304) 397-6075
[email protected]
Pro se
====== Q[erlfffcale======
I, Natalie E. Tennant, Secretary of State,
of the State of West Virginia, hereby certify that
Starlina Pratt Foundation
has filed the appropriate registration documents in my office according to the provisions of the
West Virginia Code and hereby declare the organization listed above as duly registered with the
Secretary of State's Office.
Given under my hand and
the Great Seal of West Virginia
on this day of
March 09, 2010
Secretary of State
304-558-5758
09:35: 13 a,m, 03-09-2010
112
West Virginia Articles of Incorporation
For filling with the West Virginia Secretary of State
a Business for West Virginia Partner
tel: (304) 558-8000
Business Legal Name
Submitted Dale
Registration Type
Registrant Type
Charter Type
Class
Organization Type
County
'IN Effective Date
Business Legal Purpose
Has Members?
Include IRS Non-Profit Sialement?
Primary Business Location
Tax Return Mailing Address
Agent of Process
Principal Office
Officer Information
Officer Information
Officer Information
Incorporator Information
Source of Business
Primary Business Class
Business Activity Public?
Offer credit servIces?
Purchase future payments?
Starllna Pratt Foundation
03/08/2010
New Business 2
A business formed in West Virginia.
Domestic
Non-Profit
Corporation
Kanawha
03/09/2010
Ills the co-location of a multi-disclplinary team of professionals who work
logether, under one roof, to provide coordinated services to victims of
family violence.
No
Yes
301 Virginia Sireet East Charleslon , 'IN 25301
Phone #: (304)357-0300
County: Kanawha
301 VIrginia Street East Charleston, WV 25301
Blaire Carney
301 Virginia Street East Charleston, WV 25301
301 Virginia Street East Charleston, WV 25301
Blaire Carney
Tille: Secretary
700 Washington Street East Charleston, WV 25301
Mark Plants
Titre: President
301 VirgInia Street East Charleston. WV 25301
Maryclaire Akers
TrtIe: Vice President
301 Virginia Street East CHarleslon , WV 25301
Mark Plants
700 Washington Street East Charleston I WV 25301
ALL NEW
6241 Individual and Family Service
624190 - Other individual and Family Services
Yes
No
No
Page 1
304-558-5758
Mar. 8. 2010 1:55PM Kanawha Prosecutor
09:35:25a.m, 03-09-2010
No.6472 P. 3
212
W~st Virginia Articles of Incorporation
For filling with the West Virginia' Secretary of State
a Business for West Virginia Partner
lei: (304) 558-8000
INSTRUCTIONS FOR FILING SIGNATURE PAGE
Signatures Required: The Articles of IncorporaUon of a West Virginia Corporation must be signed by a\ least one person actlllg as
incorpo"llor.
&.Qfit.kyJ
~
3:-8- ZDI1J
Date
PlEASE FAX ALL PRINTED PAGES TO 30400558-8090 - RETAIN A COpy FOR YOUR RECORDS
Page 2
304-558-5758
12:07:40 p.m. 03-09-2010
Articles of Organization of Limited Liability Company
For filling with the West Virginia Secretary of State
a Business for West Virginia Partner
tel: (304) 558-8000
INSTRUCTIONS FOR FILING SIGNATURE PAGE
Signature Required: The Articles of Organization of a Limited Liability Company must be signed by at least one person, Who may be
(a) the manager of a manager-managed LLC; (b) a member of a member-managed llC; (c) an organizer, or (d) the attorney-in-fact for
any of the above. If signed by an attorney-in-fact, the power of attorney need not be atlached, but must be kept on file by the
company. fWV Code 318-2-205]
Please sign below and print your name and title beside your signature.
Fd,ei~ L. (jUS;"
Print
~)SIgn ture
mepl~
Trtle
~o
Date
PLEASE FAX ALL PRJNTEq PAGES TO 304-558-8090 - RETAI"l A COpy FOR YOUR RECORDS
PaQe2
West Virginia Secretary of State's Office
Business and Licensing Division
P.O. Box 40300
Charleston, WV 25364
THE STARLENA PRATT FOUNDATION
301 VIRGINIA STREET EAST
CHARLESTON, WV 25301
Dear Business Owner:
"c II
Natalie E. Tennant
West Virginia Secretary of State
November 1,2013
Our office did not receive your 2014 annual repolt and/or the annual filing fee that was due by 5pm on the last business
day of October if, filing by mail or in person, or if by filing online, by 11:59 on October 31, 2013. Therefore, as required
by West Virginia Code, we are enclosing a Celtificate of Administrative Dissolution (if domestic) or a Celtificate of
Revocation (if foreign) for your cOlporation, voluntary association, limited partnership or business trust.
Corporations, voluntary associations, limited partnerships, or business trusts that have been administr'ative1y dissolved or
revoked may not continue to do business except those actions necessar)' to close the business and give notice to creditors.
However, if your company would like to continue doing business in West Virginia, we can assist you. Please see the
instructions listed below if you want to reinstate your organization.
Should you feel that you have received this letter in en-or, or if you have any questions, please contact our office toll free
at 1-866-767-8683, and ask to speak with a member of our Business Division.
Penney Barker, Manager/Business and Licensing Division
Steps for reinstating a revoked or administratively dissolved Corporation, limited
Partnership, Voluntary Association, or Business Trust
L Complete the application for reinstating your organization which includes the annual repolt. This
form, CO-LP-RE, may be obtained from our website http://www.wvsos.com/, or can be mailed or
faxed to you.
2. Obtain a celtificate of good standing from the tax depaltment confinning that all taxes owed by the
company have been paid. The numbers for the tax department ar'e: 304-558-8618, 304-558-0678,
304-558-1114 or 304-558-8695.
3. Include a payment of $75 ($25 for the reinstatement fee, $25 for the delinquent fee and $25 for the
annual repOlt fee).
4. Please make the $75 check or money order payable to the West Virginia Secretal-y of State and mail
the check and the above fonns required for reinstatement to the following address:
West Virginia Secretal"yof State's Office
BusinesslLicensing Division
1900 Kanawha Blvd., East, Suite 157-K
Char-Ieston, WV 25305
I, Natalie E. Tennant, Secretary of State, of the State of West Virginia, hereby certify that
THE STARLENA PRATT FOUNDATION
has failed to file its annual report and/or pay the annual report fee as required by West Virginia law.
Therefore, I issue this
CERTIFICATE OF ADMINISTRATIVE DISSOLUTION
Given under my hand and the Great Seal of West Virginia
on this day
(November 1, 2013)
"0-:'
Natalie E. Tennant
Secretary of State
1900 Kanawha Blvd E
Bldg I, Suite 157-K
Charleston, WV 25305
Gel 072\1\3
Penney Barker, Manager
~.'j,-_~orporations Division
.~ST:;, It:Tel: (304)558-8000
Fax: (304)558-8381
Website: WWW.wvsos.com
E-mail: [email protected]
FILE ONE ORIGINAL
(Two if you want a filed
stamped copy returned to you)
FEE: $15.00
APPLICATION TO APPOINT OR
CHANGE PROCESS, OFFICERS,
AND/OR ADDRESSES
Office Hours: Monday- Friday
8:30 a.m. - 5:00 p.m. ET
Limited Partnership
Voluntary Association . Business Trust
Corporation
Limited Liability Company
Limited Liability Partnership
Principal
Office
Address as
Registered.
Insurance Company/Agency
COmpanYN~ee.. Starlena Pratt Foundation
1. The company filing this change
is registered as a (check one) :
2, The change is filed for:
(~: Enter information as previously
filed. No change can be accepted
without this information.)
Home State:
_\MI WV Formation Date: _
3. Change of Address:
(.!full:: Use appropriate lines for the
type of address to be changed):
Address Txve
a. Principal Office
New Address
b, Principal Mailing
c. Designated Office
4.
Change of Agent for Service of Process: New A2ent Name and Address
The agent named here has given consent
to appointment as agent to accept service
of process on behalfofthis company.
New Agent Sjgnature:
Form AAO Office of the Secretary of State Revised 4/13
5. Complete the Change of Officers or Other Persons in Authority:
Officer Type
(check Q..ill: for each new officer)
a ~ President (Corp. VA)
. Member/Manager (LLC)
General Partner (LP, LLP)
Trustee (Bus. Trust)
Other _
New Officer Name
Remove (previous officer name, ifany)
New Officer Address
Vice President (Corp. VA)
Member/Manager (LLC)
General Partners (LP, LLP)
Trustee (Bus. Trust)
Other _
Secretary (Corp. VA)
Member/Manager (LLC)
Limited Partner (LP)
General Partner (LLP)
Trustee (Bus. Trust)
Other _
Treasurer (Corp. VA)
Member/Manager (LLC)
Limited Partner (LP)
General Partner (LLP)
Trustee (Bus. Trust)
Other _
Director (Corp. VA)
Member/Manager (LLC)
Limited Partner (LP)
General Partner
Trustee (Bus. Trust)
Other _
Maryclaire Akers
Remove (previous officer name, if any)
Remove (previous officer name, if any)
Remove (previous officer name, if any)
Remove (previous officer name, if any)
6. Name and phone number of contact person, (This information is optional, however, if there is a problem
with the filing, listing a contact person may avoid having to return or reject the document.)
Sarah Foster
Contact Name
304,357.0300
Phone Number
7. Signature Information (See below *Important Legal Notice Regarding Signature):
Title/Capacity: Vlu 1t~SI~
Date: L 0 I ~{~(,_3_-
* Important Legal Notice Regarding Signature:
CorporationsNoluntary Associations/Business TrustslUnincorporated Nonprofit AssociationslLimited
Partnerships - Per West Virginia Code &3101-129. Penalty for signing false document. Any person who signs a document
he or she knows is false in any material respect and knows that the document is to be delivered to the Secretary of State for filing
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the
county or regional jail not more than one year, or both. Limited Liability CompaniesfLimited Liability Partnerships - Per
West Virginia Code &3\ B-2-209. Liability for false statement in filed record. Ifa record authorized or required to be filed
under this chapter contains a false statement, one who suffers loss by reliance on the statement may recover damages for the loss
from a person who signed the record or caused another to sign it on the person's behalf and knew the statement to be false at the
time the record was signed.
FonnAAO
Office of the Secretary of State
Revised 4/13
"f' /I
I, Natalie E. Tennant, Secretary of State of the
State of West Virginia, hereby certify that
Articles of Amendment to the Articles of Incorporation of
STARLIN A PRATT FOUNDATION
Are filed in my office as requiredby the provisions of the West Virginia Code and are found to
conform to law. Therefore, I issue this.
CERTIFICATE OF AMENDMENT TO THE
ARTICLES OF INCORPORATION
changing the name of the corporation to
THE STARLENA PRATT FOUNDATION
Given under my hand and the
Great Seal of the State of
West Virginia on this day of
October 8, 2010
Secretary of State
N01 k $25.8D la/l'J~Dl~ ~n
l:i D U~:J D '7~.31'33
Natalie E. Tennant
Secretary of State
1900Kanawha Blvd E.
Bldg I, Suite 157-K
Charleston, WV 25305
FILE ONE ORIGINAL
(Two if you want a rtIed
stamped copy returned to you)
FEE: $25.00
ES:r~ OCT 0 8 2010 Penney Barker, Manager
~%. Corporations Division
:;:N THE Or=r:::;C:E OF Tel: (304)558-8000
.~ .... ' CRETII~":';FSTATE Fax: (304)5588381
, tlll:IIIl'" W\\I\4f.wvsos.con~
WEST VIRGINIA Hrs: 8:30 a.m. - 5:00 p.m. ET
ARTICLES OF INCORPORATION
PROFIT AMENDMENT
In accordance with 31D-I 0-1006 of the Code of West Virginia, the undersigned corporation adopts the following
Articles of Amendment to its Articles ofIncorporation:
1. The name of the corporation is: _Tn_e_S_ta_r1_en_a_P_r_att_Fo_u_nd_at_io_n .__
2. The iollowing amt:ndrrient(s) to the Articles ofIncorporation were adopted by: (check one of the
following statements)
o the shareholders of the corporation
o the incorporators or board of directors and shareholder approval was not required .
.
3. The date of the adoption of the amendment(s) was: _M_ar_ch_9,_2_0_10 _
4, Change of Name Information or Text of Amendment
Change of name from:
The Starlina Pratt Foundation
To: The Starlena Pratt Foundatio_n . . ._. _
Other alnendment(s) (attach additional pages to form, if necessary)
Change Federal EIN# from; 27-1694466 to; 27-1694466
Antend Business Legal Purpose to read: A charitable foundation organized to support the'work of the Kanawha
~Victim Services Center through grant writing and fundrajsing activities.
5. Contact name and number of person to reach in case of problem with filing: (optional, however.
listing one may help to avoid a return or rejection offiling if there appears to be a problem with the
de cwner.t)
Name: Felicia Bush Phone: 304-357-0300
Business email address, if any: _fb_uS_h_@_k_a_na_w_h_ap_ro_s_e_cul_o_r_.co_m _
6. Signature of person executing document:
~~
Sign ur
Vice President
Capacity in which he/she is signing
(example: president, chairman, etc.)
FonnCD-2
Issued by the Office of tlle SecretaI)' of State
Revised 10/09
Natalie E. Tennant
Secretary of State
1900 Kanawha Blvd E.
Bldg 1, Suite 157-K
Charleston, WV 25305
\\e I'
Penney Barker, Manager
Corporations Division
Tel: (304)558-8000
Fax: (304)558-8381
WWW.wvsos.com
FILE ONE ORIGINAL
(Two iryou want a filed
stamped copy returned to you)
FEE: $15.00
APPLICATION TO APPOINT OR
CHANGE PROCESS, OFFICERS, Hrs: 8:30 a.m. - 5:00 p.m. ET
AND/OR ADDRESSES
1. The company filing this change
is registered as a:
2. The change is filed for:
(Note: Enter information as previously
filed. No change can be accepted
without this information.)
Corporation
Limited Liability Company
Limited Liability Partnership
Insurance Company/Agency
Company name The Stal1;na Pratt Foundation
Limited Partnership
Voluntary Association
Business Trust
Principal
Office
Address as
Listed.
Home State:
301 Virginia Street East
Chal1estof1,VN 25301
_wv WVForm. Date: _
3. Change of Address (use appropriate lines for the type of address to be changed):
Address Type
a. Principal Office
b. Principal Mailing
c. Designated Office
New Address
FonnAAO
Office of the Sec:retaly of State
4. Change of Agent for Service of Process:
The agent named here has given consent
to appointment as agent to accept service
of process on behalf of this company.
New Agent Signature:
New Agent Name and Address
Sarah Foster, Secretary
301 Virginia Street East
5. Complete the Change of Officers of Other Persons in Authority:
Officer Type
(check one for each new officer)
a. ~ President (COlp. VA)
MemberlManager (LLC)
General Partner (LP, LLP)
Trustee (Bus. Trust)
Other _
New Officer Name
Remove (previous officer name, if any)
New Officer Address
Vice President (Corp. VA)
McrnberlManager (LLC)
General Partners (LP, LLP)
Trustee (Bus. Trust)
Other Second Vice President
Secretary (Corp. VA)
McrnberlManager (LLC)
Limited Partner (LP)
General Partner (LLP)
Trustee (Bus. Trust)
Other _
Treasurer (Corp. VA)
McrnberlManager (LLC)
Limited Partner (LP)
General Partner (LLP)
Trustee (Bus. Trust)
Othcr _
Director (Corp. VA)
MemberlManager (LLC)
Limited Partner (LP)
General Partner
Trustee (Bus. Trust)
Other _
Star Hogan
Remove (previous officer name, if any)
Sarah Foster
Blake carney-Smith
Remove (previous officer name, if any)
Remove (previous officer name, ifany)
Felicia Bush
Remove (previous officer name, if any)
5585 Kanawha Turnpike
St. Albans, WV 25177
301 Virginia Street East
Charleston, WV 25301
301 Virginia Street East
Charleston, WV 25301
Fe~cia Bush
Name (please print)
FcxmAAO
Executive Director
Title
Office of the Secretary of State Revised 10109
~'i)'
====== QJ~ltlinQln======
1, Natalie E. Tennant, Secretary of State of the
State of West Virginia, hereby certify that
Articles of Amendment to the Articles of Incorporation of
THE STARLENA PRATT FOUNDATION
are filed in my office as required by the provisions of West Virginia Code are found to conform
to law. Therefore, I issue this
CERTIFICATE OF AMENDMENT TO THE
ARTICLES OF INCORPORATION
Given under my hand and the
Great Seal of the State of
West Virginia on this day of
April 5,2011
Secretary of State
.
Natalie E. Tennant
Secretary of State
1900 Kanawha Blvd E.
Bldg 1, Suite 157-K
Charleston, WV 25305
FILE ONE ORIGINAL
(Two if you want a fIled
stamped copy returned to you)
FEE: $25.00
Penney Barker, Manager
Corporations Division
Tel: (304)558-8000
Fax: (304)558-8381
WWW.wvsos.com
WEST VIRGINIA Hrs: 8:30 a.m. - 5:00 p.m. ET
ARTICLES OF INCORPORATION
PROFIT AMENDMENT
In accordance with 31D-l 0-1 006 of the Code of West Virginia, the undersigned corporation adopts the following
Articles of Amendment to its Articles of Incorporation:
1. The name of the corporation is: _Th_e_Sta_r1e_n_a_P_ra_tl_F_o_un_d_ati_o_n _
2. The following amendment(s) to the Articles of Incorporation were adopted by: (check one of the
following statements)
o the shareholders of the corporation
o the incorporators or board of directors and shareholder approval was not required.
3. The date of the adoption of the amendment(s) was: _M_a_rch_2_8_,2_0_11 _
4. Change of Name Information or Text of Amendment
Change of name from:
To:
Other amendment(s) (attach additional pages to form, if necessary)
SEE ATTACHED
Ff[E[f
APR 05 2011
IN THE OF:::,>,: \ );::
SECAE JARY OF SrATe
5. Contact name and number of person to reach in case of problem with filing: (optional, however, .
listing one may help to avoid a return or rejection of filing if there appears to be a problem with the
document)
Name: FeliciaBush Ph 304-357-0300 one:
-------------
Business email address.ifany:[email protected]
-------,,----------------------
6.
)nature
FormCD-2
Issued by the Office of the Secretary of State
President
Capacity in which he/she is signing
(example: president, chairman, etc.)
Revised 10/09
L
The Starlena Pratt Foundation
Amendment to Articles of Incorporation
A.) The 5tarlena Pratt Foundation is organized exclusively for charitable, religious, educational, and
scientific purposes, including, for such purposes, the making of distributions to organizations
that qualify as exempt organizations under section 501( c) (3) of the Internal Revenue Code, or
corresponding section of any future federal tax code.
B.) Upon the dissolution of the organization, assets shall be distributed for one or more exempt
purposes within the meaning of section 501 ( c) (3) of the internal Revenue code, or
corresponding section of any future federal tax code, or shall be distributed to the federal
government, or to a state or local government, for a public purpose. Any such assets not
disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the
principal office of the organization is then located, exclusively for such purposes or to such
organizations, as said Court shall determine, which are organized and operated exclusively for
such purposes.
24 February 2014
Mark Plants, prosecutor
Kanawha County Prosecuting Attorney's Office
W. Kent Carper Justice & Public Safety Complex
300 Virginia St., E.
Charleston, WV 25301
Dear Mr. Plants:
Pursuant to the West Virginia Freedom of Information Act (W. Va. Code 29B-I-
1,et. seq.), I request access to the following:
1. The IRS 990 forms for the Starlena Pratt Foundation since 2009.
2. The audit reports for the Starlena Pratt Foundation since 2009.
3. All documents, including those in electronic form, submitted to the IRS
seeking tax-exempt status for the Starlena Pratt Foundation.
4. All documents, including those in electronic form, from the IRS granting
approval to the Starlena Pratt Foundation to be a tax-exempt organization.
5. The minutes of Starlena Pratt Foundation board meetings since 2009.
6. All Starlena Pratt Foundation financial documents including, but not limited
to, its budget, check registry and ledger, since 2009.
7. All financial documents of the Kanawha County Victims Services Center
including, but not limited to, its budget, check registry and ledger since 2009.
B. A break down by year since 2009 of people who sought assistance from
KCVSC. '
9. A copy of all claims filed by any employee and/or agent of KCVSCwith the
Crime Victims Compensation Fund on behalf of anyone who sought KCVSC's
services since 2009.
10. All documents, including those in electronic form, signed between KCVSC
and/or the Prosecuting Attorney's Office and any individual or entity in North
America since 2009 regarding the provision of mutual aid/assistance to KCVSC.
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.
THIS IS A SECOND REQUEST FOR INFORMATION.
Once the information is ready, it can be sent to me at one of the addresses below.
I thank you, Mr. Plants, for taking the time to field my request, and look forward
to your reply.
-------._---------------------
5312 MacCorkle Ave., S.W.
#238
South Charleston, WV 25309
(304) 397-6075
[email protected]
Sent via e-mail and U.S. Mail
---~._--.-~--~------~-- -----------~ --~~--~~---~
3 March 2014
Mark Plants, prosecutor
Kanawha County Prosecuting Attorney's Office
W. Kent Carper Justice &Public Safety Complex
301 Virginia St., E.
Charleston,VVV2S301
Dear Mr. Plants:
Pursuant to the West Virginia Freedom of Information Act (W. Va. Code 2gB-l-
1,et. seq.), I request access to the following:
1. The IRS 990 forms for the Starlena Pratt Foundation since 2009.
2. The audit reports for the Starlena Pratt Foundation since 200g.
3. All documents, including those in electronic form, submitted to the IRS
seeking tax-exempt status for the Star lena Pratt Foundation.
4. All documents, including those in electronic form, from the IRS granting
approval to the Starlena Pratt Foundation to be a tax-exempt organization.
5. The minutes of Starlena Pratt Foundation board meetings since 200g.
6. All Starlena Pratt Foundation financial documents including, but not limited
to, its budget, check registry ~d ledger, since 200g.
7. All financial documents of the Kanawha County Victims Services Center
including, but not limited to, its budget, check registry and ledger since 200g.
8. Abreak down by year since 200g of people who sought assistance from
KCVSC.
g. A copy of all claims filed by any employee andlor agent of KCVSCwith the
Crime Victims Compensation Fund on behalf of anyone who sought KCVSC's
services since 200g.
10. All documents, including those in electronic form, signed between KCVSC
andlor the Prosecuting Attorney's Office and any individual or entity in North
America since 200g regarding the provision of mutual aid/assistance to KCVSC.
THIS IS A FINAL DEMAND FOR INFORMATION. AS I'M CERTAIN
YOlrREAWARE, THERE ARE CIVIL, AND CRIMINAL PENALITIES
FOR A GOVERNMENT OFFICIAL FAILING TO RESPOND TIMELY TO
A FOIA REQUEST. FAILURE TO PROVIDE THE REQUESTED
INFORMATION BY MONDAY, MARCH 10WILL RESULT, IN AMONG
OTHER THINGS, THE COUNTY INCURRING UNNECESSARY
LIABILITY.
!II- .~.
5312 MacCorkle Ave., S.W.
.#238
South Charleston, WV 25309
(304) 397-6075
[email protected]
Sent via e-mail and U.S. Mail
Kanawha County
OFFICE OF THE PROSECUTING ATTORNEY
301 Virginia Street East
Charleston, WV 25301
(304) 357-0300
FAX (304) 357-0342
MARK PLANTS
Prosecuting Attorney
March 14,2014
Lawrence J. Smith
5312 MacCorkle Avenue, S.W.
#238
South Charleston, WV 25309
Re: FOIA Request
Mr. Smith:
"}
II
On March 6, 2014, I received your FOIA request made by letter dated February 24,2014.
With respect to the first set of requests, itemized as numbers 1-6, the Office of the Kanawha
County Prosecuting Attorney has no responsive documents.
With respect to the second set of requests, itemized as numbers 7-9, the Office of the
Kanawha County Prosecuting Attorney has no responsive documents.
Finally, with respect to item 10 of your request, please find attached the Partnership
Agreements signed by each of the KCVSC partners.
w:ms,
-
Daniel L. Holstein
Assistant Prosecuting Attorney
17 April 2014
Daniel Holstein, chief of staff
Kanawha County Prosecuting Attorney's Office
W. Kent Carper Justice and Public Safety Complex
301 Virginia St., E.
Charleston, WV 25301
Dear Mr. Holstein:
I'm in receipt of your letter dated March 14 in response to my Freedom of Information
Act request for various documents relating to the Starlena Pratt Foundation, and the
Kanawha County Victims Services Center. Though your response is appreciated, it is
wholly inadequate.
In the letter, you state that the Office "has no responsive documents" to items 1-6 of my
FOIA request. This includes the IRS 990 forms of the StarlenaPTa!tY{5undation from
2009 to present, and all documents, including those in electreniCfOrm, between the
Foundation and the IRS seeking, and granting it approval for tax-exempt status.
As I'm certain you're aware, federal law requires a non-profit organization to provide a
copy of said documents when an in-person request is made at the organization's office
during normal business hours. I made such a request on Friday, Dec. 20.
After presenting myself to the Complex's receptionist, and informing her of the
information I was seeking, two employees of your office, Caroline Cart, and Rachel
Epling, were sent out to assist me. When I again asked for the Foundation's 990 forms,
and tax-exempt paperwork, they referred me to Mr. Plants.
If what you say is true that the Prosecutor's Office has no such documents, then that
means Mr. Plants, and many current, and past employees of the Prosecutor's Office
solicited money under false pretenses. I'm in possession of.multiple documents showing
where they accepted thousands of dollars to benefit the Foundation.
Also, you state the Office "has no responsive documents" to items 7-9 of my request.
This includes statistical data of services KCVSC provided since 2009.
I hate to be the bearer of bad news, Mr. Holstein, but I'm also in possession of documents
that assertion is false. This includes a picture of you being aware of the data's
availability.
Therefore, I'm giving the Office until the close of business Wednesday, April 23 to make
items 1-9 in my FOIA request available. Failure to do so will result in, among other
things, me filing a complaint for declaratory and injunctive relief in Kanawha Circuit
Court to compel therr release. .
-----~---------------------------
"J /1
.~ .
...
5312 MaeCorkle Ave., S.W.
#238
South Charleston, WV 25309
(304)397-6075
[email protected]
. S
Kanav,,'ha COlJnty Victim Se:
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bene:,fit ti'"ie I<anawha County 'v'ictirn Services CEWltfll' thmu\jht the
st"rl8na Pratt Foundation, TickE'ts are $:15, Doors Dpen at 7"
shO"Ntirne, is 8pm, Kan~wha 309 e,e,aul'ecJard Stmet See
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