EXHIBIT l Memorandum TO: Robin lean Davis FROM: Arthur Angus, Jess Gundy RE: Check out Procedure for \/V\/SCA Vehicles DATE: August 25, 2016 There are currentiy no formal written policies or procedures that governs requesting a WVSCA vehicle, however; the procedure we utilize for signing out a vehicle normally entails getting on the WVSCAintranet and filling Out a request (COp7iS attached tO thiS memo). Sometimes requests are made by e-mail. On other occasions a request is either made verbaliy in person or over the telephone. On occasions where the destination was not recorded, the vehicle was normally operated runner who was traveling to numerous locations within the Charleston area. On other occasions were aware of where the vehicle was being driven because one of us was the operator and we by a we were either driving it locally or taking it to be serviced. When a written request is made by a court employee over the intranet or by e-mail the destination is always recorded because that is one ofthe required fields on the request. When a court employee makes a verbal request they will state where they are going or we will ask in order to record it in the destination field on the reservation program. In the past, when a Justice or %heCourt Administrator would make a verbal request we would not always inquire what their destination they did not voluntarily give one. The only person we can recall that failed to provide a destination when asked was justice Loughry. Cc: Other Justices was if EXHiBIT SLaPREME E-301 ROOM ROBIN ,TE,tN WEST (304) D-lVIS ALS Cospux Caprrot CHA!:11ESTON. APPE OF CO'[TRT Sr,crc ;E'S305 Vipiaihia 558-481 I Memorandum TO: Steve Canterbury. Administrative FROM: ! Justice Davis. Jean Robin RE: Administrative DATE: .August 2. 2016 Dircctor Conference on August 31. 2016 Steve. Conference. I am requesting that three items be placed on the August 31 Administrative for the Justices. I am They inclade coun cars. coun gas cards. and educational conferenccs the past two years, all requesting that these items be discussed for several reasons. First. over limiting expenses and budgeting. auditing. men',bers of the Coun have been concerned abouz all divisions make a that transparency in all aspects 6f our Court family. !n fact. yve have insisted we are out of money. concentrated effon to reduce speading as the ChieF has said over and over that members Secondly, a scries of recent newspaper anicles and audits show very clearly the questioning and of the Legislature. the Auditoras Office and the State newspapers arc exposing expenditures and use of vehicles by high-ranking administrators and are also focusing on improper to look at the only need One govcrnment. state reimbursements from high-ranking officials in following anides to understand my concerns: 1. Charleston bv Eric Gazeite-Mai]. Julv 27- 20l6..Audit reviews state-owned fleet of vehicles Erve. Charleston Dailv &'fai[. Ju!v 28. 2016. New audit of state vehicle fleet overdue 4. guilt>i Jackson Hole Daily. July 19. 2016. Prosecuting atton'iev in Wvoming found use by of misusing county money to buy canieras and other items for personal Wvoming to 'Brief. Morc specifically, [ am identif,ing my areas of concern. including, but not limited, to the following: Court Cars: Audit. Inadequate Monitoring of Court Vehicles. Assigent of Cour Vehicles for court purposes and coun business. IRS issues. Establish writlcn policies. Court Gas Cards: Audit. Inadequate and/or No tracking system. IRS issues. Establish IV. Va. Suoremc Court x'rittcn Justices policies. Expenditurc for out of state and in-state Confaerences: Audit Expenscs. Limit the number Establish Other Justices yiritten of out of state and in-state policies. conferences. Educational EXHIBIT 3 Memorandum Artl':iur Angus TO: Jess Gundy FROM: RobinJeanDavis( RE: Check DATE: August24,2016 for WVSCA Out Procedure Vehicles Could you please provide to me, in writing, the procedures and/or policies which for all Court personnel and Justices in the recent past? It is my you have implemented that beginning in 2011, you began to maintain records regarding use of the understanding State cars. I have generally reviewed the State car use documents questions: Based upon my review, I have the following for all vehicles, 1. On many occasions 2. When a car is checked 3. Has any person or person(s) please state to me, in writing, which no destination you provided was recorded. to me, Why? out, do you ask each person the destination? If so, you that information? Justice any that person or person(s), including to provide on the WVSCA. I realize August Monday, laterthan cc: that Arthur Tuesday is on vacation and will not be retuming If possible, I would morning, August 30, 2016. 29, 2016. Other Justices to the office until like to have answers to these questions no EXHIBIT 41 Memorandum TO: Steve Canterbury, Admirfflstrahve FROM: Robin Justice'l' RE: State Cars Omied DATE: August I Jean Davis, by 'vVVSCA 25, 2016 requestedfrom SupremeCourt. Director Sue Troy documentation regarding use pf state cars owned bythe IaskedheralsotomatchthoseusestoCourtownedgascards. My reviewindicates thatthe informationregarding destination, was sometimes not recorded. Suehasprovidedmeinfomation,todate,fortheyears20l6,2015,2014,and20l3. Sue is still working on 2012 and 2011. I am still reviewing the information. However, I would lilce answers qvestionS: The folIowing is the 2015 sc.hedule of car use for Justice Lougbry: Destination Gas March 13-16 No Record Fri.-Mondav Charlcston March 24-26 No Record Tues.-Thurs. Elkvieiv No Record Mon.-Fri. Ivydale May 4-8 Charleston June 26-29 No Record Fri.-Monday Sutton Charleston July 17-20 No Record Fri-Monday Charleston Sutton Elkins Aug. 3-7 No Record Mon.-Fri. Ivydale Charleston to the following WV Destination !2U!!!, Aug. 19-21 No Record Wed.-Fri. Sutton Weston Oct. 19-23 Morgantown Mon.-Fri. OCt. 22 Nov. 10-16 No Record Thursday Parsons Mon.-Mon. Cov. Va Cumb. Md Sutton Charleston Nov. 23-25 No Record Mon.-Wed. Weston Dec. 11-14 No. Record Fri.-Mon. Parsons Dec. 18-28 No Record Fri.- 2ndMonday Lost Creek (11 days) Weston Berkeley Please let me knowthe 1. fonowing: 'S&"hy are there no destinations On the dates listed, llarch listed? do youknowwhat 24-26 Tuesday May 4-8 3. Court events through Friday Friday 3-7 Mondaythrough August 19-21 Wednesday were scheduled? Thursday Mondaythrough August throughFriday Nov. 10-16 Monday tlxough Monday Nov. 23-25 Monday through Wednesday What Court March Springs meetings and/or 13-16 hearings woutd be held on these weekends? FridaythroughMonday June 26-29 Fnday July 17-20 Fridaythrough Dec. FridaythroughMonday ll-L4 Dec. 18-28 flmoughMonday Fridaytbrough Monday Second Monday (11 days) 4. Were the destinations actually listed by Justice Loughry Court events scheduled for the e WV Supreme Court'? 5. On June 26-29, July 17-20, August 3-7 and August 19-21 was tae Court in recess? 7. OnNovember 23-25, December Court in recess? CO: Other .Tustices 11-14 and December 18-December 28 was the EXH1B1T 5 Memorandum TO: Steve Canterbury, Administrative FROM: Robin Jean Davis, JusticeQ,f RE: State Cars Owned by '!VVSCA Corrected Memorandum DATE: August 30, 2016 Director I requested from Sue Troy documentation regarding use of state cars oiined by the IVV Supreme Court. Iasked her also to match those uses to Court ovvned gas cards. My review indicates that the information regarding destination, was sometimes not recorded. Sue has provided me infomiation, to date, for the years 2016, 2015, 2014, and 2013, Sue is still working on 2012 and 2011. I am still reviewing the information. However,Iwould like answers to the following questions: The following is the 2016 schedule of car use for Justice Loughry: p Destination Feb. 5-6 No Record Feb. 26March 1 Morgantoitn Fri.-Tues. March No Record Sun.-Tues. Weston Shepardstoivn Mon.-Fri. lVinch. Gas Fri.-Sat. Corrected No State Gas Card Used 20-22 Mav 23-27 VA Ivydale Charleston June 10 No Record Fridav No State Gas Card Used Please let me know 1. the following: 'vVhy are there no destinations On the dateslisted, March listed? do you know 20-22 Sunday June 10 'vVhat Court Were meetings the destinations for the entire CC: Other Justices Court events through were scheduled? Tuesday Friday and/or Feb. 5-6 4. what IVV actually Supreme hearings would Friday through listed Court? be held by Justice on these weekends? Saturday Loughry Court events scheduled EXHIBIT MEMOR TO: Chief Justice Ketchum Justice Workman FROM: DATE: Justice Loughry August 26, 2016 RE: Use of Court Vehicles ANDUM Justice Benjamin Aseachofyouarenowaware, JusticeDayishasrecentlyquestionedtheuse ofCourtvehicles. Her new and singular interest in my usage of Court vehicles is designed to distract from concems I recently voiced regarding the unapproveduse of $11,360.03 of State money for aprivate party for circuitjudges andtheirspousesthatwasheldonOctober 8, 2013, inherhome (see the documentation inthenotebookfortheAugust29astrativeconference). Thisfishingexpeditionisalsoclearly in retaliation for inquiries I made regarding the unilateral authorization of payments by our Court Administrator, Steve Canterbury, to Mark Starcher totaling approximately $1 million and the depletion ofthe Court's so-called rainy day fund inthe amount of $26 million, whichhas never been accounted for despite numerous inquiries from more than one justice. Notwithstanding the obvious motivation for her recent inquiries, I feel that I should provide each of you with a response relative to her memorandum to Arthur Angus and Jess Gundy, dated August 24, 2016, their responsive to her dated August 25, 2016, as well as various memoranda from Justice Davis to SteveCanterbury,eachdatedAugust25,2016,regardingmyuseofCourtvehicles. Iunhesitatingly assure each of you that on the dates mentioned in Justice Davis' various memoranda to Mr, Canterbury, I was acting in my capacity as a Justice of this Court in utilizing a Court vehicle, memorandum Regarding the memorandumto Mr. Angus and Mr. Gundy, as each of you is well aware, the Court has no written policy regarding the use of Court vehicles by either the members of this Court orCourtemployees-afactconfirmedbyMr.AngusandMr. Gundyintheirresponsivememorandum toJusticeDavisdatedAugust25,2016. WhileMr.AngusandMr.GundyrepresentthatIamtheonly person who has not provided them with a destination for the use of a Court vehicle when asked, I assume they have never asked other justices or Court employees for their destinations. Indeed, as readily seen in infomiation provided by Mr. Angus, as summarized in the attached charts, Mr. Canterbury utilized a Court vehicle on at least 38 occasions without providing a destination. Similarly, on at least 8 occasions, Justice Benjamin checked out a Court vehicle without stating a destination. There are entries for Justice Workman's use of a Court vehicle without a destination being supplied, as well. Likewise, Justice Davis did not list a destination for her use of a Court vehicle on multiple occasions. And, as we are all aware, o a has utilized a Court vehicleformanyyearswithoutdocumerxtauon out other Angus CThwi-thout and Mr. Gundy viding demonstrates a aa same,andhehas on. short, that it is a common a ed on retained by Mr, for Justices, as well as Court practice without providing destinations-a fact that is undoubtedly attributable to the lack of a written policy requiring the same. Further, to the extent Mr. Angus and Mr. Gundy have referenced a vehicle request that can be completed on the Court's Intranet site, not employees, to utilize Court vehicles Page 1 of 2 5' onlyisthisthefirstIhaveeverheardofsucha or Mr. Gundy to complete WhileALL Mr. Angus justiceshave or Mr. Gundy used Courtvehiclesonnumerous with destinations, AlthoughJusticeDavishas ofthis I would occasionswithoutproyidingeither never question that your use of vehicles on any in your capacity as a Justice of this Court. suggestedthatCourtvehiclescanonlybeusedforofficialCourtfunctions, of those dates was for anything as everymember request,IhaveneverbeenaskedbyeitherMr.Angus request. such an on-line other than you acting Courtis aware, we are often calleduponto speakindividually as heads ofthe In fact, such requests are not unlike the Governor being called upon to speak as head of the state's Executive Branch. Consequently, whether Court events were scheduled on certain dates when I had use of a Court vehicle and whether those events were for the entire Court is entirely irrelevant. Certainly, there could be no objection by a member of this Court to the use of a Court vehicle for speaking at a high school civics class, a legal education program, a Judicial Branch of state government. graduationceremony,orsimilarevents, orvisitingcourthousesinthe state,orenzaging inanymyriad of activities during and functions Court round. that can arise in our capacity recesses by any justice, Clearly, our roles as constitutional otherwise, as Justice Davis Court recesses. Inthe vehicles eventthe by members should be addressed personnel become it is axiomatic to attend aJustice as justices. officers Courtdecides itwantsto and judicial is the propriety campaign formulate ofthis Court, I personally eventinaCourtvehiclebeingdrivenbyCourtsecurity. awrittenpolicyregardingtheuse Justices related which utilizing Court out a Court security. For example, issues thatI to require Following in 2013, believe members Lastly, without vehicle observed she checked to the extent question Because the information sought memorandaareundoubtedlydesignedto to impugn my character. improper expenditure depletion of the Court's CC: Justice neither 57 days of travel my schedule however, security campaigning when utilizing to is well outside Mr. to be bullied for a private rainy day fund without for raising party, the money adequate explanation. Davis Steven Canterbury Page 2 of 2 by declined. These are the kinds of to whetherwe want a Court vehicle. were directed nor the schedule accompanied drastically in addition elicitplannedresponsesfromMr. of State funds vehicles on only 2 occasions. awrittenpolicy, memoranda Davis with use of Court a destination Davis' by Justice I refuse, associated in developing that Justice that he controls and Court While than one campaign Infact,afterannouncingherbidforreelection Justice Davis' of the Court to designate vehicles one area that Justice Davis arrive atmore out a Court vehicle we shouldexplore Court of Court encourage, Then,in20l2,theyearoftheelection, on 37 occasions her reelection, I would to their bid for reelection. in20ll,JusticeDavisusedaCourtvehiclel8timesthatyear. she checked is year- Court recesses. To suggest since she has used Court vehicles during employees, of sitting functions vehicles of the state's judiciary do not end during has done, is absurd, particularly of this Court As for the use of Court that the function to Mr. Canterbury, it is of any justice on this Court. Canterbury's bailiwick, her Canterburyintheirattempt issues conceming paid to Mr. the clearly Starcher, and the EXHIBIT SiDLEY 1501 SIDLEY AUSTIN N.W. WA8HINGTON, +1 202 7 LLP K STREET, o.c. 2DOO5 738 8000 +1 202 738 8711 FAX JCOI-E@SIDLEY.COM AMERICA ASIA PACIFIC April Denny Rhodes, West Virginia Post Audit +1 202 736 8246 11, 2018 Director Legislative Auditor's Office Division 1900 Kanawha Room ELIROPE Boulevard, East W-329 Charleston, West Virginia 25305-0610 Dear Mr. Rhodes: Justice April Davis 9. 2018, requested received your letter dated April Site has reviewed information the reservation to the extent However, reIevant period and purposes on your Iist, Justice Davis she was able to obtain and with by your office on Monday. and is providing the she can.. Due to the age of tlie entries them. 5, 2018, via hand delivery list compiled a copy of Arthur the aid of those calendars for most of t}'ie tiips. Justice Davis independently Angus' personal she is able to provide has no personal recalls calendar very few of for the the missing or office designations calendars to assist her in this review. We have prepared the extent we have it. anything we have added or corrected the entries reflects where you have indicated no Court trip with the car was reserved of "Do a chart to supply Have included not believe attached hereto is highlighted Davis on the chart. letters have even sliown appearances You should know for trips, Mr. Angus' calendar of this, Justice Davis on those dates, and has included A copy of Justice Davis' and that on some of reservation believes a designation chart is are two of the Court Security Officers to Court functions. for the entire Court. That has been the pattern years. Over the years, the Court threatening in yellow, list to entries 1. and Mr. Gundy for many from your reservation your chart for the relevant on those dates, Because One pait of their job duties is to drive the justices and practice information from that the car was reserved Davis but not used by Justice car was used" as Exhibit Mr. Angus Justice the missing the information has been exposed and make threatening up at the Administrative have necessitated Court Office Security Sldlay Auslin (DC) LLP Is a Dalawnie limited liability pahershlp to disgruntled and liarassing phone and Supreme escorting litigants and others who write calls. Some of these individuals Court Clerk's Office them from the Supreme Court which Offices. doing business as Sldlay Auslln LLP and pracUdng In affillallon wllh olher Sldlay AusUn partnerships. SIDLEY Denny April Rhodes, Director 11, 2018 Page 2 Justice death Davis has, in the past, been threatened threats. Tliis While Gundy who is another at the capitol maintain complex, offices both Chambers are also secured.by reinforced with Finally, level the Court need for justices', Murdered Justice: Should three reason the justices inside a security Kevlar and outside ballistic the Justices' ACT[VE 231045968 as by Mr. Chambers. Angus and Mr. Tl'ie Justices' the chamber door is material. Officers maintain security An Exploratory Study security when of Targeted questions, please research traveling. Attacks James Enclosures have been considered protected which do not hesitate M. Cole clearly See Exl'iibit on the Justice Sincerely, JMC:mjp threats Angus. code key pad. Additionally, justice's, any further some by Mr. are physically or an individual you have Security to the point she was driven explains 2 titled: Community. to contact me. the RESERV Destination Reservation ATION Beginning CHART Date EXHIBIT Ending Date Pui'pose 11. Stonewall L)avis/Arthrir 9/14/11 9/14/11 1 . - ipecitic purp Fit tnn not listei cn catenaari Uharleston L)avis/Arthur 9/2U/11 9/20/ 11 A)O not belleV4 altar was usedl Morgantown Davis/Arthur 10/4/1 1 10/4/11 5 5ngagetn6fitJ 5 UlarKSt)urg Jlllage l)aVlS/AItnur IU/l//11 IU/l//11 8emOi F:onietaence BecKley 5negffic numosd ci triri not ( :tl-€ tistea tin Blendarl L)aVlS/Alttlur IU/I')/11 IU/2:)/11 Un Tl(')t t')elleV4 was used§ Princeton Davis/Arthur 11/10/11 11/10/11 m a a 5 Charleston Davis/Arthur 1/26/12 1/26/12 Pro!et,utitia 5 I,onterencd UfiarleStOn L)aVlS/Altnur I/IU/kl ,4/IU/kl I)o nffl lz = Boone/Lincoln/ Putnam l)aVlS/Annur 2/22/12 l/11/kl Oelteyd was used§ - - - iii a/let with,l'i;iclr4 a'm!t'nbSohl $oked mal at Net . tamrlv . . .. UnuTh Faci1itv, $amlin lrN looke4 I.t l'Vlethoclisj I,'hwch toj 6otential Annex: Nitri 5 LIourj IS/lej t'utnam RESERV Mercer/ l)aVlS/AI'tnlu' ATION 1/125/11 CHART EXHIBIT 1/125/11 Ue(:ulltV /'rll(11N Wyoming/ 8ind Met witlj McDowell a bpencer/Ulay/ uavist.nur j/l:)/11 Fecutaitv Aut'ffll j/15/12 Fayetteville Oind met"Qttlj fiml'ge Alsop.l Fecuritv t'Su.Llr'; } (a"nrtTJ 1 &!4Yi? Mvd PI/I+ a++onrN $lu IIIJL aLlull! a leatlW, At'ttluN 5 aiaansnortemMyreportis due by 4:00PM on theFrlday beforetheHolMayBJ!nancialAecounting 1, %onthly Invoicing for Services: a) ATILocalpmgramsmusthaveapapptovedMemo'randumofUndezstmiding(MOU) inplacewitha Qualified SemceProvidet (QSP) before anybilling canbesubmitti to the strative Office (AO). b) Amonthlymasterinvoicesigna:lbytheADCPOarxdtheQSPI)irectormustbe submitted {scannedand emailed)to theDmgCourtDevelopmeritandTrainirig Coordinatorand copiedto the Deputy Directorfor DrugCourls by 4:00 PM on tlie IO'hdayofeaehmohth, AcopyofthecurrentMOUmus(a'lsobesenteaeh menthwiththemohthlymasterihvoice. AsmnpXemvo'tcewillbeprovidedbythe Div'tsion ofProbafion Servicss. NOTE: Aubackupdocumentaitonoftheservicesprmpideds,kuldbeteviewedwd zimbim,datthelacaldrugcourtlevelbytheADCPOandtheQSP, Theirivoice mwt be Signedby the adultdrug courtprobation officer md the director of ths entity b&igpatdpffsuant tO the MOU In the event Ofm signatottegwhb,,wil[ be res.pomtbXe for pyoducinganv review by an auditor. c) The mam:er invoice including: must have all fields completed Wd-it, it [8 thOS8 t'WO requbeddomunemation for with accurate information, Nameandmailingaddressofthedmgcourt;datetheinvoicewas completed; invoice number; projectnumber (assizned md provided); countyor@ (assigmzd midprovided), name qfthe qualified senice provider (mmed /72 nber t?ieMOU), the biLlingmonthmid name ofthepayee Identification Numbar (FEIN) signatares of both the ADCPO a) yeara, adescriptionof all services being biued, (who the check will be payable to), the Federal Employer for thepayee, mailingaddzess andthe QSP director. of the payee, and AL1invoicesrnusthaveaninvoicenumberandfollowthmformat: 3chargtesto identify the prog (ADC), tvvo digitg to i&ntifythe billing month (i.e. 07), and 4 digitstoieaiethebillingyear(i.e.20l6). Therefore,theinvoiceforJuly20l6 would bemlmberedAI)C-07-2016, ThisshouldbeoneveryQSP e) TheAduitDrugCourtProjeetniirnberisl2302. invoice mibmitted. 0 Each countyhas its own assignedco'mty organizationnumber (Co. Org#). A lift willbeprovidedtoallADCPOs, TheCo,Org#fortheheadHarmcoiityofthe ADCPO is to be 'agedfor the monthly billi';y invoice for services. A !tsr of County Orgrmnbers wt[lbe providedby 4heDfvisionofProbationSe.rv'tces, g) Ea*individualsericebilledtnugtbelim,dundertheD:BSCRIPTIONcolumtiof theiinvojce, TheNUMBBR,HOURS,RA,TE,andAMOUNTcolumnsmustalsobe completedand mustnot exceedthe amounrs approved in the loi fiscalyear and local MOU. h) budget ListtheagencythatwillxeceiveUiepayment. Tbisagencyistequiredtohavea FEIN. Provide the FEIN and the mailing address for the payee agency. The payee I mostoften be either the loci QSP ox acountycommission ,gerving as the fiscaI B4ait @rthe local DRC. 1 Monthly invoices fot case matiagers who are indewndent contractors (not employed/mrmactedtbtoughthe QSP). a) Anapprovedmemorandumofundarstand'ibg(Man)mustbeinplaceforthe independent contracted case, manager befote any bflling can be submitted. A. montlt%r invoieesigned byt]ie ADCPO and the case managermust be submitted (scanned and emailea) to theDeputyDirector forDrug Courts bythe 1(!' day of each month. A copy of the current MOU nugt also be sent each month with the montbly b) iVOi(A, hivoicesm'usthaveatiinvoioenumbw,apmjectber(12302)andacounty organization numbet (Co- Org#) which is assigned for each county. The Co. Org #forthe county ofthe ADCPO is to be used for tbe monthly biLTing invoice forsemces, The casennanagement service bi&'dmust be ListedundertheDESCRIPTIONcolumnoftheinvoice, The?"IUMBBR,HOURS, RATE, am AMOUNT co7umnsmust also be completed and mustnot exceed the amounts approvedrn the local annual budget andlocal MOU, NOTE: Effecttn July 1, 2016, Thehirhtg d a cme mgmtget m an i'hdeymdml CmtbactorisNOLONGERan0pti0n, managets mum be ko Allnewlyh?red/conteddt'ugeourtCa8e the QSP and possess atelevantsfer's or bachelor's degree involvinB coursework equivalentto a majoz moge subjeetmattex is dirdy applicable to probation wotk and/or bebavioralhealth setvices (counseli4psychology, aiminal jce, icial work, board ofregents w'th a human semces specia[ion, reareational therapy, political science, nursing, sociology/itology, teacher education, or behavioral health, etc.) Candidateg mumhave avalid *iver's license and raliable transportationandmustpassaNCIC/CIBbackgrou"iaheckandadrugscreen. Ar::opy ojthe ngiv targeted ext mmager i6b dsscy;q>lion t provided byDP8 3. ffintbly Financial Remnciliation a) The purpose of k monthly Report financial reconciliation (MFR) is to zqort on balatices of income and eqendituxcs in a program's fundraismg7donatiom account, T%s section does not pertain to the drug court pmticipant fees accoutxt which is coveredin in h Monthly Drug Court Fee Rerni'btance section of this docent. Each month!r data must be entered on the corresponding monthly worksheet (tabs at the bottom of the fOmi). ffinThl7, each ADCPO rnuSt complete atid gubmt eikf the MFR fOa Or an account statement(s) coverig the e repog month. (NOTE: renew the imtructions for the MFR to see which elements must be present if the ADCPO is submi a statent imtead of tbe MFR). The MFR or statement mugt be submitted even if no account adivity occurs du the month. Detailed imtructions for completing the MFR will be included with the fomi when it is sem out at b beginning of each fiscal year. The Court does not need a report onahow these funds are spent, but does require a monthly balance of the acco'ant. The MFR must be submitted (scanned and emailed) to the Deputy Director for Drug Courts by the 10' day of eaeh month. NOTE: Suptane Court employees must collect any money or manage any financial accouats, including, donations. 4. MonthlyI)tugCourtFeeRemiff:ance a) Participantdcourtfeesmetobeusedtopayforincentives,mipplies,graduation ceremomes, participant xals & mcks, and other costs assocd with the participants' tzatmentand aivities so iong w the expendi dinectly banefitthe dtug comparticipants. b) LocaladvisorycommitteessetthelocaldrugcourtfeesforeachADC;however, participams cannot be required to pay more than $200-00 in drug courtfees in PhaseI of adult dtug comprogram, and cannotberequired to 'pay more than $700.00 in total in adultdrugcounfees. c) Drugcourtfeespaidbythepmaeipantsshallnotbepaidtoorcollectedbytheadult drug court judge or adult g courtprobation officer. TheADC may make arrangaments to have fm paid to the county ckrk, circuitelerk, or other appropriate agencydesignatedbythe drug com judge/advisor board. The local AJ)C board is responsible for deignatingthe entity which collect tm dnxg com fees for their progrmn and which mIl be responsiblefor the monthlyremttance ofthe dmg coud feeftmdsto the AdministtativeOfficeot'the Court. d) Thedesignated&ugcourtteecollectionfremittanceentityisresponsibleforcollecig the fees for fhe ADC program and tsrequired to zemt all fees collected Supreme.Com's DivisionofFtnancial Managementon amonfhlybasis, thel0"dayofthefolloc4endarmonth. wffl depositeachmontblyremittanceinto p the no lakthmi TheF?nancialManagementDivimori the specificpayingADC progrmn's account, For exainp!e,f Cabell Co. ADC remtb:a checkfor $1,000in &ugcom fis cog(ectiomfor the momh ofMy, then that $7,000wf!) be a)locmedspecEficatly to the Cabeu Co, ADCprogram h the aaoytingsysrem. e) Acheckpayableto"TheStateofWest'Vtrginia"xnugt,hesentdireetlytogue Tiy,'Diieetor, I)ivisioh offfiinancial Manage.ment, Supreme Court of Appeals Wmt Virginia, Administrative Office of the Courts, 1900 Kanawha Boulevard East,BmildinglRoomE-f00,Charleston,WV2530S, Pleasenoteonthemenno line of the c'beck that tMs pnsUtateg ADC Fees with an identtf-:ieation of the specific ADC p;gram, e.g,, "ADC Fees for Kanawha County Al)C." f) of Allpuzes'madefortbeadultdmgcourtwiththepgticipantdrugcourtfees bepaid,withaStateP-card, TheADCpurehasesusingthednzcourtfeecollections willbetheresponsibiTity oftheprobation office P-caiholder. Eachoffl'iepmbalion P-card holders will get an ingeage of $1,000 permonth on the# nthlypursing limit thatis specificity allocatedonlyto the adult drug court. The P-cardholderswill use ADC Proiect#24:[1 andtheit as,mgned comty Oxg#on their P-cardlogg for all ADC incentive pmahases- The month7v p-,pd log andco'msponding xeceipts tvill be duebythe 10thdayofthemontbfollowmgthereportingperiod(i.e. ,Tulypurchases needtobesubmittedbyAugustl0). SubfflttJielogandreceiptsviaemailtoboth@ PCatd,courtswv.gov and to 1;ora.Mavnard(Acourt.gov. NOTE: New ptogrants: mustensure thay hve fimdshUieiy designated aacmixsbpmr to aytp pureMses., 5. Travel and Traimng a, Expenses: Monthlytravelexpenseaccountformsf'ortheADCPOmustbesubmitted(scanned and emailed) totheDeputy Diredor for Dnig Courts for 'px6cessmg and payment. Tbefmmmugtbe signed byt!zADCPO and alocal mxpervisingautbority before submissiontotheAO. Projeet#12302andUielocalCo.Org#.&uldbenotedon thetop ofthefoz. b, )[n-stateand/orout-of-statetraiingrequtrespre-approval'bvDeput31)irectorfor ,DragCourts, AdetaiiedrequestmiistbesentmwritirzuginganApplicationfor Education Beriefits fomi (found on the court website) and ddacbing, m agenda/&scriptionofthe spgifictraining, NOTE: Travel * Expense Form can be found on tbe WVSCA website at: https://intranet.couttswv,gov/forms/ACGeneral/2,ravelExpenseForm-pdf State Travel Regulations * can be found at: http://wwsv.state..us/admin/purchase/travel/Travel:Rule.pdf * 6, Per Diem Rates can be foimd at: http://wwgr.gsa.@ov/portal/cats@ory/iO0000 EqmpmentPurcham: a) pudiase laptops and cell phones for ADC:Pa. In the event, the choosestousetheirpersomceJIphoneinlieuofaCourtissuedcellphone, The AO will ADCPO am6nthIyreiibursementof$29,99maybeappmved. Thecellphonenumbetmugt bepmvidedtotheDeputyDirectorofDrugComs. TheADCPOmustcornpletean Employee Reimbursement Fomi (not the travel expense sheet) and provide a copy of thefirstpageofea&monthlybi71attachedtothereimbursementrequestform.The formaxxdthe Coxts b) back-up documentahonshouldbesentto via email. Thedorementioned the DepptyDirector form is proyided on the Court's ofDnrg website. SeirneitemssuchasthePBTandsomeprintet/scannercombosrequirethe completion ofa PxopertyPurce Ordey form thatmust be signed by the ADC Judge or the CMefCircuit Court Judge. This 4orm is to be pmperly completed (sent via email) to the Deputy Director fox Drug Courts for approval md abtnission ITdepartment. TheITdepmtmentwillnotprocesstherequestwithoutapproval from 'b I)iyision of Probation Sernces. Thefornn to h can be found on the Co'ls webSite, c, Onlythe,itemsspecifiedintheloealprogram'sfiscalyearbudgetisapprovedfora Invoices and/:pr receiptsmust be p'archase and is limitedtn the amount appioved. sent to.the Drug CourtDevelopment andTrffiiing Cooror forprocesskng and Project#12302andtheloeslCo.Org#shouldbenotionthetopof the, irivoice/receipt. NOTE: ifequipmerdispurchmedonthaP-cardmakeswrethecmmffl'sP-cardLog indicates ProJea f/12302 andthe Co Org# besideany drug court purchase to e;epropercodhgmdpaymemmthestateleve), towinuegr m riorma(byrhe, P-card holder. 7. TheP-cardLogprocess DrugTegUng a) ADC'shaveseparatedrugtemingaccountgsetupmthAlareToxicoiogy(1,?-p7 uWrdysis, andthe Otalhiterceptdevtces, andallGC/ME<'o'$'mations -EXCEPT EtG), RedwoodToxieoloBy Services(13-pw.ll-mp, EtCrla7>,atidguboxom dips', and mhiixic Interventions (K2, tramadol fentany/ dips). ADC drug testing supplies tobeusedforADCpatticipantsonly. Themontblymasterbi[mllbezt direcfly to the Deputy Director of Drug Courts for review and appyoval. After b) approval the bill w'll and payment. be forwardedtothe The Deputy for Dnxg Co'iuts is tespomible Diredor Accomting Dept. for approptiate coding for setting up the dmg court dmH testjng accountsfor each dig court pmgraro with eachvendor, The Chief PO shall noti6the DeputyDirector ofthe name,physical ad&ess,mailing address, officephonen'amber, SOOTI as possible This must'be officefaxnumba:, SO andemailaddress theDeputyDirec'[:or canmtifythe donemth all newMres ofthenewADCPOas vendor gndbeginthepr(icess. whether itis, the implementation programorthehiringo:Fanewofficerinanexistingprogram, Deputy Director needs to be uotffied position so.the,account% primal ADCPO 8. of a new Inaddition,the immediatelywhen an AX)CPO leaves the contad can be changed until the time a new is hired, OtherExpensea a) Onlytheitemsspecifiedinthe"other"categoryofthelociptogram'sficalyeat :mvoim budgetisapprovedforpmeandislimitedtoUieamountappmved, and/or receipts must be SenttO the D Coora[inatorforprocessirzandpayment. ahouid be tioted on thetop NOTE: COurt Development and Traiing Project#12302andthelocalCo.Org# of theitivoice/receipt. IfitemsarepurchontbeP-card,makesurethecomty'sP-catdLog indicates Project # 12302 and the Co Org# beside any Dmg Court p'ate eosure@opercodiryandpaymentatthestatelevel, continnesagnormalbytheP-cardholder. to TheP-cardLobprocess The:DivisioriofProba[onSer'Acasdoes not receive this information. D. Other 1. Dig a. Periodic Cou Reporting:, Meetingdrraining ADCPOsarerequiredtoattendthestatew'dedmgcourtmnfemnce(uguallymldin every otheryear b. (i,e., 2014,2016, etc.) Duringtheyearsw'thoutadnxgcourtcoierence.ADCPOs,mayberequiredto attmd a state-widenetworkirxgameetingandmav also berequitmto complete a wittenpetiodic mpat'cipantg, progrmn c. report andprovide oral presentations on the :eesults ofthereport AhardcopyofthetepoffwilIbefiledinkindividualADC files at theDivision of %bation Semces. hiauition,theremaybepe6odicdrugcourtspecifictrainingworkshops,tecbnical anistancettainingeventsi, and/orgtateivideprogrameva[uationmeetingsheldtbat willsquirepataticipationhmtbeADCPOs. NotificationfromtheDiyisionof Probation Services will be providedto the ADCPOs on swh events/opportunities. 2. On-site Visits to a. Courtstaffwinconductatleastoneon-site/closed7circuitconfeteneing,reviewvisit to eachpmgtamduffng afiscalyear. Visits'w'll be mote frequentforptogramsinthe developmentstage. Courtstaffwillreviewtheprogressofthelocalprogramandthe work of the ADCPO and wifi observe a staffingmeeting, gP&F!, team meeting, and drugcourtproceeding. ADCPO.gmayberequiredtommp}eteawrittenpe6odic reportandorallypresenttheresultsofthereportduthesitevigit. Ahardcopyof &reponwill be filedatthe Division of Probation Services 3. New Hireg/Staffing a. Changes WhenanewADCPOi.ghiredoragchangeis-madeintheADCPO position, the Chief FO mmt notify the Deputy Directot as soon as possib]e so necegsm7stepscaabemadetegardingaccesstadmgcomspecificsystems (i.e, Coud email, OCMS, d teg accounts, m.)- All AI)C:E'O'S require an email account request form and OCMS accomt formto be compreted and submitted to the I)ep'ptyDirector for Dnig Courts beforethe Court's IT departtnentwill consider anyreqmm for new account.i. These forms ill be provided upon request to theDeputy Dffectarfor Dnig Courts. b. Dmgcotmcasemanagers(SCAWVappioved)maybeissuedaCouttemail account and give,n access to theI)rug Co'urt Tab ofthe QCMS wiipea'mission fiomtbeDeputyDitectorforDrugCourts. TheAI)ePOortheChiefPOwillbe requiredtocompletearequestformsasmentfonedabove,inparta. TheADCPO or the Chid PO must notify the Deputy Director of g Coum imtnediatelv whenacasetnanagerresignsoristerminatedfromtmposition. TheDeputy Director w'll disable afi Court te,iated accounts to Thigh the case rnamger has acces (such rm email accomt, database account, etc.) as soon as possible. THIS IS VERYIMPORTANT! . E. 'W'!' Offender Case Management System 1. The AJ)CPO is tesponible for enwing that aII necessary information is input into the appropriate database in a timely manner. The database used by West Virginiaas ADC system are esse:atial for casemanagement They ate also the bedrneans for providing an easily-accessible source for caseinformatiari both witbinthe AJ)C piograrn andbetween the ADC program and the DPS. The databases are also able to quickLypxepatemany mandatory reports, 2. ADC-relateddaiabaseswillprondethel)PSmthinformationthatwillbeusedto evaluate ADCprograms. Databue.q are the simpiest andmost cost-effective means of collectioti and atmysis of the necessary information. Thesound evaluation ofADC pmgrams is esseaaal tzi reptmtothe legislatnre and mppodeff'o'dsto seek grantfunding, 3. Thepxoperuseofdatabaseswillalsohelptoensurecontinuityandcoai,gtyinand among ADCprograms. The infomiatjon is maintaimd inawaytkat is consistea'xt among 5uccesstEveThCPOs, andina waythat is consistentamoq various ADCprograms, EXHIBIT 17 WEST VIRGINIA LEG'lSLATIVE Post Axidit 1900 Kanawha Charleston, (304) Blvd. WV East, Room AUDITOR'S OFFICE Division Denny Rhodes W-329 Director 2530S-0610 347-4880 March Gary WV Johnson, Supreme Capitol 1900 Administrative Court 14, 2018 Ditector of Appeals Complex Kanawha Bldg. Blvd., East l,RoomE-100 Charleston, WV 25305-0830 Dear Judge Johnson: An examination of varying Policies of State Purchasing denominations allegedlyused and Procedures Manual Card records bythe Section Drug 6.4, Usage shows Courts. repeated purchases The StateAuditor's Restriction of gift cards Purchasing Card states in part: "...The P-card may be usedfor the purchase of gift cards, where authorized by applicable lms, rules and regulations, or other governing irutrument, only upon prLr approval of the transaction by the State Auditols Office P-Card Divisioti. Gifl card purchase me not to be made until after prior approval hm been received." [Emphasis Added] It is our understanding Court of Appeals or recommendation all employees that under Pursuant its the purchase the purview to West Virgiia the State Auditor's Office be sent to us upon receipt employees State issued authorization notifying them communication this permission empioyees. is gtwted. has not been granted Until of gifts this cards of the Supreme Code §4-2-5, permission using correspondence. Purchasing Cards you provide ask that to cease This ./41;/l/ issue will Committee be presented the copies to cease the use of the State Purchasing is made, obtained, Purchasing is our issued to purchase of that you inform gift cards of any communications Cards to purchase and Finance granted by of gift cards should we advise to the Post Audits on Government Supreme it Cards of any authorization Cards for the purchase Additionally, We be cease. documenta'hon to use the State Purcbasing of this the State Court to the West Virginia can gift untiI all such sent to staff cards when Subcommittee such in a future audit report. Should you have any questions, please feel free to contact Justin Robinson, Manager. Sincerely, cc: Justices of the WV Supreme Court of Appeals Audit EXHIBIT -18 Post Audit Meeting Angela King, Adult Stephanie Drug Bond, Robinson, Adam Fridley, Melissa Audit Audit Bishop, Manager, Manager, Assistant Strawderman, Christian Angela Officer Director 27, 2018 Adult Court Sue Racer-Troy, Director Division Division Probation Probation Services Court of Appeals Division Division Post Audit Stephanie Bond, Supreme Paletta-Davis, Division Post Audit Post Audit Post Audit Drug Division Post Audit Auditor, Auditor, King, Post Audit Director, Auditor, Baumgarner, Sarah Warden Lori Probation Services Attendees: Justin Judith Court Probation Aprn Meeting Summary of Division Administrative Office, Director, Kanawha Probation of Financial Counsel, WV County Services Management, Supreme Drug WV Court Court Division West Virginia Supreme Court of Appeals of Appeals Background: Angela King current position in Kanawha has worked with County as an Adult the Adult which Probation Drug included Court screening, monitoring case management. She answers call 24 hours a day, 365 days a year. Stephanie Bond has been employed Court of Appeals, West Virginia. Kanawha County Drug The program * There 20-45 * are currently participants. Ms. King participants * Court started budgeting, She oversees of offenders, Bailey. and In her position, Services Division the Drug Court and has had approximately 27 participants with were unable a capacity of the WV Program she is on Supreme for the State of to provide 120 participants of 50. The normal an estimate graduate. range is between of the total number of over the years. The use of gift cards was part of the Kanawha with supervision to Judge Jennifer She started her the drug court program Program: in 2009 and Ms. Bond for the past 7 years. by the Probation since July 24, 2017. * Officer 3 years ago. She coordinates County Program when Ms. King started the court. * Ms. King County. * The use of gift cards, especially convenience is on state time when and planning. she acquires or purchases the large denomination incentive Visa/ MC items for Kanawha cards is for * * Duetothe$1000permonthlimitationonfundavailability,thepurchasingofthegift cards allows for setting graduations, outings, The maximum paiticipants dollar amount is typically incentives, * aside funds for months Christmas, for VISA/MC $100. Any food for programs, purview of regular Higher denomination when a high expenditure is anticipated: etc. or fuel cards that go directly amount to the over $100 is being used to purchase other items necessary for the drug court outside of the supplies. VISA/MC are seen as a convenience have time to go out and purchase everything because and reimbursement the secretaries process do not is more complicated State * Drug Court Program: The Drug clean. Court behavior. regional for the Adult designed to give people is based on the principle for each drug court varies. have an individual If a participant court. All a reason to stay of rewarding counties good have access to a Some counties are under a purpose incentives are provided the maximum from fee being the drug court entry $800. Each participant pays the same fee. by the appropriate Supreme is unable off their Court sets its own fees with The fees are collected work Drug a given jurisdiction to the West Virginia * program but not all counties Each court within @ program of the program court. The funds fees. is a diversion portion The incentive drug court, * Program The incentive Court circuit to pay the actual fee through things clerk's of Appeals cash to participate such as community of the fee is so the participant office, which then forwards them at the end of the month. has a vested in the program service interest or volunteer they can service. in participating The in the program. * Each court used to maintain were moved * to central These are special funds Each month, * When with * There the Drug gets a ruru'iing up of funds prior a balance were centralized fund was about $300,000. programs, * The WV allow * Supreme * Court for the spending The West Virginia Court 2015 all funds of Appeals. Each jurisdiction continues the WV out these funds. Some individual counties, $63,000. Supreme Court When comingled such as the funds of Appeals, fees have been sufficient of Appeals for the the beginning to maintain the incentive excess of $300,000. would like to get something of the account State Treasurer had grant money to separate of approximately with Entrance down of what is in their accounts. some counties to 2015. so there has been a consistent are interest balance fees were centralized, had accrued Courts In July or August Supreme in Oasis by county. fees. It has not been possible was a build Hampshire Drug Court funds. the WV funding. each county the entrance over their through and are deposited to have its own specific * control accounting manages into Code which worild surpluses. the actual accounts. It is not known if they bearing. The incentive program is not set up to reward of goods which was paid as an entry shared amongst participants. the individual fee into the program. with the exact dollar Fees go "in one pot" amount and are * The only state (general * Phase-progressions fund) monies are equitable used are for the Juvenile (i.e., reaching are discretionary incentives as well, which needs (diapers, car battery, clothing, etc.) * It is possible to be terminated * Termination from exhausted, commits they participant another the cornrnission P-Cards/Gift Card from the program crime decides of an additional when All nature warrants Judicial * indicated for a month Office the Drug it is possible when card purchases with not graduate. form have been or the participant dictates whether the program. Policy: Ms. Racer-Troy Auditor's will discretion ternnination * Gift to the participant's wish to participate, (felony). Thereisamonthlyspendinglimitof$1000permonth,percountyonthep-cardfor incentives. * system. $20 gift card), but there participants * increase = Court all means to aid the participant they no longer crime goal may be more specific the program. occurs of a serious a certain Drug a certain were supposed Purchasing Court a one-time or temporary to have been preapproved Card Policies incentive Judge Gary Johnson to request spending need arises. according and Procedures. to the WV This was not taking place Program. sent out a memo to cease using p-cards for the purchase of gift cards in February. * Since then, there has been a meeting examining * potential pending, but the Court purchase gift cards; including Ms. Bond is awaiting not been discussed * * from has not ruled out the possibility large denomination the approval of drafted in Administrative of continuing office, The outcome is still to use P-cards to gift cards. policies Conference the State Auditor's gift cards. from the Justices, but the topic has to date. There the cards by who they go to, either by name or by unique is discussion Although match number receipts a p-card, of tracking the receipts are kept for purchases to the actual Gift cards have been tracked suggested With by Ms. Bond made with the Drug Court. a gift card which has been purchased There has been no formal policy to gift card. data bases, but not by serial number. this would be a necessary level It was of accountability. This and Ms. King. on the use of gift cards another orders. gift card use through in the program. not reconcilable. in Court by the audit managers the hold purchase for tracking given to each individual they are typically was well-received * Mr. Wright, policy with * with to the issue of purchasing In the past there was no formal participant * solutions avenue which is being pursued is the use of EXHIBIT fat ,,,.., I ixn tiinilito, lrnui7 232al. )015 CA Sin antanio. Montim. Omihi. TX QC N( Pitt 11CITIL 54 Wynnhim San l'tantuo Riverwrl} tan Antonni/ Wtitin urnon Squtrz/ Hilton Hotel & Reiom lOOt Call Sjieei all syi+i l Old GOli Caniie ktutidile. A2 jW MamaV Boitiin. MA it Regency Retoti/ 5httat0n 5402 !iit Balton Hiitel/ Lniiiln Dnvt. Sjieei (an Amonla, HyirtRegtntyMiimtiil712i5Rueleinne-Mintte.CP Monterey, (onfeiente/Lacation IS CVIII Mignln 420 Wett 11Mi}it Sin Trinaio, of Conletenie CA %102 TX 78)OS 130MonttetllCluehiil Omihi.Nt 6810) Raid MonieTty, itaitidxla. 39 Di Ittn Sjtegl 8aiion. co 93Nti AZ 84233 M A 021!19 AAI r.ontrienis/ Hynei Conven(ian Cenjar in bd Bty .......,,...... I I,.......,....,....,.. EXHIBIT 10 Destination Date Jul-14 2014 Jan-15 National Fall Circuit Conference Mar-15 Argument docket May45 Spring Circuit Judges Jul-15 ConferenceofChiefJustices Nov-15 ABA Appellate Feb-16 May-16 Jun-16 Fall Circuit Chief 0ral 4th New Jul-16 Conference Mid-Year Appellate Sep-16 constitutional Sep-16 2016 Jan-17 conf arguments week docket at wvu argument docket in Tucker Sep-17 Argument Jul-13 ed conf of Chief National May-13 Spring Mar-13 National Justices docket Wl/ Judges' Identification Judges ed conf. White New Sulfur Haven, 2/9/2016 2/24/2016 Springs 5/21/2016 5/25/2016 CT 6/27 /2016 6/19/2016 9/7 /2016 9/23/2016 WY Asheville co Parsons, Davis, Ed conf law conference Judicial Judicial Conference College 9/28/2016 9/30/2016 2/28/2017 2/28/2017 4/4/2017 4/4/2017 AZ Morgantown WV wv 7/22/2017 7/25/2017 Philadelphia 8/5/2017 8/9/2017 Wheeling 9/5/2017 9/20/2017 Boston AAI Conference Conf May-14 Judges Circuit Scottsdale, argument Jul-17 CA Huntington at MU Conference Apr-17 Aug-17 7/29/2015 10/14/2015 Huntington justices Circuit 7/25/2015 & Chicago Jackson, at MU Inter-Court Spring 7/15/2015 Seminar Justices Feb-17 May-17 & Spring on Eyewitness Judges of chief 7/11/2015 Monterey, Conference conference of Chief court 3/4/2015 Morgantown Judicial Sep-16 1/28/2014 3/4/2015 Conference Symposium Jul-16 1/24/2014 Morgantown Morgantown ed conf. Arguments National San Antonio Omaha Judges Justices Circuit 7/29/2014 Roanoke Conference Judges' Date 7/26/2014 Montreal AAI Conference 2015 Justices at WVU Judges' Start Daniels Conference of Chief Jul-15 act-15 City Baltimore Jan-14 Jan-16 Destination Event AAI Conference End Date Huntington San Francisco Bridgeport Reno ,. (y00'#:3 8TATEMENTO(p2JJ3 Moving Young's 5311 Keith Drive Cross Lanes, W\/ Service 25313 Phone: (304) 541-9393 INVOICE Date: 21 June 20j3 %=.s, onmy, June 20, 2013, to wit: loaded items from the State Capitol, delivered an item to Dudfey Drive, retumed to State Capitof to finish loading and delivered remaining items to Venable Drive Warehouse in Kanawha City. For: Moving services performed 01"8C)- aOiLl-5'l03-130- 3 €)0 BillTo: RECEiVED W\/ SUPREME COURT West Virginia Supreme Court of Appeals Building 1, Room E-1 DO 1900 Kanawha Boulevard, East Charleston, \/V\/ 25305-0832 JUN 2 7 2013 OFFICE ADMINISTRATIVE of Charges: Description Labor: 9,O hours @ $85.00 per hour Mileage: 84 miles @ $0.85 per mile $765.00 71 40 $836 40 TOT AL: I CEFITIF'YTHAT THE-ABOVE MERCHANDISE WAS FIE:CEIVEOIN GOOD CONDITION AND ::ORMjD:P%l;lCATi,, 8K-NED Payment Please is due make upon all checks receipt. payable to Scott Young. Thanks for your business! REPORT ID : PAGE WFA70UO STATE 1 FINANCIAL OF WEST VIRGINIA INFORMATION OFFICE OF 07/08/13 MANAGEMENT THE STATE SYSTEM 09:22:47 AUDITOR BASKET INVOICE COVER AUDITOR WVFIMS STATE STATE ORGANIZATION: ORGANIZATION ORGANIZATION CONTACT: ORGANIZATION ADDRESS SUPREME NAME DATE VENDOR SUE : AGENCY 1 SPECIAL : 2400 : SUPREME : AMOUNT ROOM 21 DOCUMENT CONTRACT COURT 07 /08/13 8 36.40 2113 : 4 : NUMBER: DUE DATE : 07/08/13 N HANDLING: VENDOR NUMBER VENDOR VENDOR NAME : 600423 : YOUNGS ADDRESS: 5311 MOVING KEITH CROSS PERSON/PHONE: CASH COMMENTS 253 05 - 0000 COMMITMENT: SPECIAL CONTACT 7 14658646 14658646 E-100 !N STATEMENTO6 AUTHORIZATION END I EXHIBIT : NUMBER: AGENCY OPEN I ID: TROY BLDG PREPARED IOICE .)D: COURT CHARLESTON ORGANIZATION DOCUMENT ENTRY DOCUMENT 2400 NAME: ORGANIZATION ESSENTIAL SHEET SANDRA ADVANCE: N K. DR LANES MY JOHNSON BEC,IN TRAVEL: 2 53I 3 304-558-0145 / / EXT: END TRAVEL : / / : ELECTRONICALLY AUTHORIZED BY: SANDRA INVOICE APPROVED FUND FY 0180 2 014 BY AUDITOR: ORG 24 00 TOTAL JOHNSON DATE AUDITOR DATE ACT 13 K. OBJ 0 GRANT 020 INVOICE AMOUNT 836-40 AMOUNT 836.40 : :2013 - 07 - 08 SUPREME COURT OF APPEALS STATE OF WEST VIRGfNIA STEVEN D. CANTERBURY ADMINISTFIATIVE DIRECTOR ADMINISTRATIVE OFFICE BUILDING i, FIOOM E-100 1900 KANAWHA BOULEVARD, E. CHAFIIESTON, WV 25305-0832 (VOICE) 304/558-01 45 (TTY) 304/558-4219 (FAX) 304/558-1212 www.stale.wv.us/wvsca/ DATE: June 18, 2013 TO: Yoting's Moving Service Sc.ott Young FAX # 304Fletcher FROM: Adkins ADMINISTRATIVE OFFICE FAX # - 304-558-1345 Scott, On Thursda)i, Venable Avenue warehouse. dock of the Capito) 150'h anniversary with Matt the Capitol $.85 per inile by 9:00 of stateliood, Capitol grounds Avenue. As agreed, Please have your Building Brown, at California June 201h,we need to move Manager, for the fue]. the guards Street. be $85 per )iour for the ti-uck, If you hasie any questions, SHEET be celebrating be blocked. There + to the to the East-Wing I will driver the ai-ranged Please enter be a road block this letter and they ssiill allow Director, TRANSMITTAL report the Capitol for )iou to have access. P. Fletcher FACSIMILE froin Since the state will a.n'i. froi'n the east, on Quarrier the rate will movers soine of t)'ie streets will Security Show furniture you access. and helper and call me at 541-5 ) 64. Adkins Adinin. Service ivo(i) PAGES SUPREME COURT OF APPEALS STATE OF WEST VIRGiNIA D. C,ANTERBURY STEVEN DIRECTOR ADMINISTFIATIVE OFFICE ADMINISTRATIVE BUILDING 1, ROOM E-100 190D KANAWHA BOULEVARD, E. CHARLESTON, WV 25305-0832 (VOICE) 304/558-C)145 (TTY) 304/558-4219 (FAX) 304/55EI-1212 www.state.wv.us/wvsca/ DA'TE: June 1. 2013 TO: Young's Attn: Moving Service Tonja Young Scott Young FAX# 304-586-0300 FROM: Fletcher Adkins ADMTN}STRATIVE OFFICE FAX # 304-558-1345 Scott, 7huts, One 90Y" the furniturein JusticeLoughry'soffice will be June)4'sl, I would like you to provide assistance moved to make way for office renovation. to move the furniture in the Capitol Building and some moving to the Venable Warehouse. As we have agreed, the rate will be $85 per hour for the truck, driver and helper and $.85 per mile for the fuel. The move will start around 9:00 a.m. If you have any questions, caH ine at 304-54l-5 164, P. F)etcher Adkins Director, FACSIMILE TRANSMI'ITAL SHEET + Admin. s Service (rj) PAGES 17C-lnF?;OCO16,S>'1 EXHIBIT 22,, c8"o' Rn- ' o"C5o'5 "a'4D r Ir. Mt'iran 20iti Ceiiury Treasures INVOICE March 19, 2018 West Virginia Commission on Special attn: James S. Powers 301 Eagle Mountain Road Room 218 Charleston, WV 25311-1061 Investigations Appraisal Desk - of "Cass Gilbert" Executive $150.00 Sales Tax EXEMPT Total Due $150.00 Due Upon Receipt Questions? Please contact Chuck Hamsher - 304-345-0123 6 SCARt8 The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 Rtrp Mnnn e 201h Ce iiury March Treasures 18, 2018 James S. Powers on Special West Virgmia Commission Road 3C)1 Eagle Mountain Room 218 MV 253111061 Charleston, RE: Appraisal of "Cass Gilbert" Investigations Executive Desk Dear Mr. Powers; utilized desk previously an executive and evaluated Per your request we have examined stored in a Court of Appeals and, at the time of our inspection, West Virgmia Supreme WV. on Venable Avenue in CharJeston, warehouse at the Court West Virginia Supreme This desk is one of ten pJaced in the West Virginia Capitol for the These desks and 1932. in Capitol of the completion the towards Wing East the of Appeals in Class Gilbert's firm to place in are among those chosen by architect certain other furnishings the desk or While itis not clear if Mr. Gilbert designed Capitol Complex. the completed Gilbert Desks". Gilbert the design for use they have come to be known as the "Cass approved to details. attention was known for particular desk measures 72" x 40" x 30.75" with walnut and vialnut veneer Federal-style The mahogany, chosen and desk viere painstakingly the of and top panels in the used veneers The 8 drawers. and Drawer joints are dovetailed matched. The desk retains all of its original brass hardware. No repairs were noted. from fine wood. are also constructed the drawer sides and bottoms on the left side, top right and scratches There is some damage to the desk with scraping along the top front. (See corner of the desk and some damage to the veneer at three places and evaluate the back or this photos Exhibit A). Due to the location we were unable to inspect desk. con5nue to be architect to a prominent with a connection century furnishings Early to mid-20th enhances certainly of furnishings and pedigree The provenance in the market(:ilace. in demand The State there is considerableinterest. and value. For Class Gilbert in particular its desirability designed an effort to to identify and return original furnishings recently undertook of Minnesota Capitol. This project was part of an overall by Cass Gilbert for their 1905 Gilbert-design and the Cass restoration and was done in coniunction with the Minnesota Historical Society Gilbert Society. buildings as the United State Supreme Court, of such prominent As the architect attributed items and furnishings and other historic structures, Building Woolworth in the current market. are at a premium The Cass Gilbert such as this "Cass Gilbert Desk", furnishings the current market demand forfine Considering the desk would have a Fair Market Value provenance and impeccable significance it's historical could increase this value. Full restoration of $42,500 in current condition. The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 The definition of Fair Market Value is set forth in Treasury Regulation §1.170A-1 (c)(2) which states that the Fair Market Value is "The price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts." Estate Tax Regulation §20.2031-1 (b) expands the definition by stating "...nor is the fair market value of an item of property to be determined by the sale price of the item in a market other than that in which such item is most commonly sold ko the public, taking into account the location of the item wherever appropriate." The sales comparison approach to value was employed to determine fair market value. In the sales comparison approach, the most appropriate market is researched to locate comparable items which have sold in the past on which an opinion of value can be based. Adjustments in value are made to reflect differences (If any) in value relevant characteristics between the comparable properties and the subject properties. This appraisal is based only on the readily apparent identity of the items appraised. In my opinion, no further opinion or guarantee of authenticity, genuineness, attribution or authorship is necessary. No guarantee is given or implied that this item will or would sell in the marketplace amount determined. for the The Purple Moon, Inc. is a West Virginia corporation specializing in 20th Century antiques furnishings, accessories and art. As its president I have two decades of experience evaluating, identifying and valuing 20th Century items. I have no bias with respect to the property that is the su5ject of this report or to the parties involved with this appraisal. My engagement in this appraisal was not contingent upon developing or reporting predetermined results. My compensation for completing this appraisal is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I regard all information concerning this appraisal assignment as confidential. I retain a copy of thiS document along with m'y original NOTESin the assignment WOrkfile, and I Will net allOW others to have access to these records nor comment on them without your written permission. Sincerely, CD=%k Charles T Hamsher President - The Purple Moon Inc. Attachment: Exhibit A - Photos The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 Exhibit A - Photos The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304,345.0123 The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 The Purple Moon Inc. 906 Quarrier Street Charleston, WV 25301 304.345.0123 1, EXHIB-ITi 23 i'= . Vice-Chair Householder: I was going to ask, so you don't think you have the fox guarding the hen house? Justice Loughry: Absolutely get paid, invoices would there's not a single review those justices single I've been asked invoice of West happen Chief Justice that comes down.... procedures Virginia again deserve big thing, is huge. until 2014. Alright, individuals who served I wasn't that come 10-15,000 had written even on the court in a one-year okay, many times, "Well Well, don't the no. And of course about an entire through court system the court system transactions on our purchasing and protocols, and I in place so not only this will position about these or whose in the Legislature upon it, but the change touched until 2013, capacity, is We need that, we just...the me, I'm talking period, would in, my understanding procedures for everything. that we did and I knowl It puts a lot of pressure twenty renovations years down occurred so for that 6 year period as Chief Justice on each one of those from 2008 you had five I think that creates individuals of the the an For any long term project. one more example. Vice-Chair Householder: something because I mean talking who is in the Chief It's not about If you look, let's look at renovation I think that's invoices in, invoices at least two individuals the court system?" that. So we want to put things matter come that comes since this occurred through We haven't would where keep in mind we're and protocols but it doesn't position impossibility. invoice and on top of that we have another also sitting or whatever...Another road. not a single into our court system We have more than 25,000 year, so we're people There's we have more than twenty, want to have written never so in the past, um invoices that comes sign off on every in all 55 counties. cards, go out. invoice and, and you know not because every not...So, the average want to make Well you, know there I don't think you'd tax payer sure there they're are some dispute a lot of public out-out-raged, safe guards pressure that it was outrageous, from this body to do there were a lot or claims. what they, from what was reported or assurances so we that this will, will not happen again. Justice Loughry: nobody more outraged I think that that is an absolutely by these for more than two decades, there was clearly and change happens them, again. a failure purchases and they know, of oversight legitimate than me. I would at the court. but what we can do is go forward, Many concern people have never These make things and question. in this room approved sure something There is have known such things, happened. Y -. me however We can't go back like this never J! r Justice Allen Loughry: Citizens deserve whole high court story (Daily Mail)i Commentar... Page 1 of 5 EXHIBIT https://www.wvgazettemail.com/opinion/dailymailopinion/commentary/justice-allen-Ioughry-citiz whole-high-court-story-daily/articlef48df220-6fOa-51 ca-b6bd-6368cf8be009.html Justice Allen Loughry: Citizens deserve whole high court story (Daily Mail) ByAllenH.Loughryll Dec7,2017 '. 'rt,a; K'Qi 314. ::-A *J ;u West Virginia Chief Justice Allen Loughry II https://www.wvgazettemail.com/opinion/dailymailopinion/commentary/justice-alien-lou... 7/13/2018 Justice Allen Loughry: Citizens deserve whole high court story (Daily Mail) i Cornrnentar... Page 2 of 5 Many have heard or read about the renovations at the West Virginia Supreme Court of Appeals. News media have boiled this down to a "he said/he said" situation, but that ignores the clear and critical facts. My very first act upon becoming Chief Justice in 2017 was to fire the court administrator, Canterbury, for a decade of misfeasance and mismanagement. Steve The Supreme Court consists of five justices, and it takes three votes to take such an action. Until that time, Canterbury had a stronghold on the court's financial and administrative decisions. I became so troubled by some of the actions of Canterbury and the failure of a majority of the court to even attempt to hold him accountable that I personally contacted the United States Attorney's Office. That was not an easy decision to make, and I am clearly receiving some payback for taking these actions. l? Hoppy Kercheval: State Supreme Court spends big on its own office furniture (Daily Mail) Even with a strong three-vote majority, Canterbury was not left with unfettered authority. He had strict spending limitations of 920,000. That rule has been in place since 2009, when it was introduced by, and later signed by, Canterbury. Any expenditure above the limit has to be presented to the full Supreme Court for a vote by the majority. That brings us to the 932,000 couch in my office. This item, along with other expenditures above the administrative director's 920,000 limit, was never brought before the court for approval. This is a clear violation of court rules and, in my opinion, is a misappropriation of state money. If you don't have the legal authority to spend it, you can't spend it. I am also deeply troubled by the amounts for some of these everyday items. [- Gazette editorial: Supreme Court should offer people an inventory Another important Fact lost in this web of deceit is that the Supreme Court did not waste 93.7 million on renovations. There were serious electrical, heating, cooling, plumbing and structural issues that had not been addressed in 80 years. https://www.wvgazettemail.corn/opinion/dailymailopinion/commentary/justice-allen-lou... 7/13/2018 Justice AIlen Loughry: Citizens deservewhole high court story (Daily Mail)l Cornrnentar... Page 3 of 5 In 2008, five years before I became a justice, the five sitting justices began renovating three separate floors of the court that were in need of repair. In fact, nearly 80 percent of the court's renovations were completed before I was sworn in as a justice in 2013, and 100 percent well before I became chief justice in 2017. These important projects were not waste. The waste comes in when Canterbury spent ridiculous and inexcusable amounts of money without approval or legal authority on some of the furnishings. Why didn't I know? Didn't I ask? After all, isn't Canterbury an employee of the court accountable to us justices? These are simple questions. I worked for years trying to get information from Canterbury, but I was in the minority, and making him answer my questions was a near impossibility. Furthermore, he often ridiculously proclaimed that, as administrative director, he was a constitutional officer with separate sovereign authority. This is clearly not accurate. What about that couch?l specifically asked Canterbury the cost and was told S1,700.He said the Supreme Court had "government contracts" and received 70 percent off of all our furniture purchases, declaring they were "dirt cheap." But, don't justices individually review and approve all invoices? The administrative office handles the finances of the entire judicial branch which includes 74 circuit courts, 47 family courts and 158 magistrates throughout the state. Our Finance division handles between 35,000 and 40,000 invoices and purchasing card transactions per year. Reviewing and approving these transactions is one of the reasons we hire an administrative director. I understand that as chief justice, I must answer for the court's decisions, even if I wasn't around when they occurred or if they occurred under someone else's leadership. While I have attempted to do this, many of those answers have been lost in the understandable 16 Daily Mail editorial: outcry over excessive expenditures. State Supreme Court must be accountable https://www.wvgazettemail.com/opinion/dailymailopinion/commentary/justice-allen-lou... 7/13/2018 JusticeAlien Loughry: Citizens deservewhole high court story (Daily Mail)i Commentar... Page 4 of 5 When Canterbury last January, he stood before all five justices was terminated and told the three of us who voted to fire him, "l will destroy you!" details that should play out in public; however, Canterbury's These are not the kind of employment out war of lies on individual silent while he destroys Llpon my becoming building and on this court has spiraled justices I will no longer sit of this fine institution. the reputation the chief justice out of control. all- in 2017, the majority of the court has worked together to begin a much needed structure. We fired Canterbury our spending We eliminated and hired a new administrative 97 million. by approximately and with the help positions nonessential We reduced director who is open and transparent. or the National Center of State Courts, we began a massive reorganization. We completely reorganized where sexual offenders our probation division, saving millions up a system will be more closely watched. We have made changes to our drug courts that will save significant We have started putting procedures of the court forever. of dollars and setting in place in our finance division Even the simplest amounts of money. that will change the transparency or actions with an invoice is now at least a two-person process. We have even made a change in the term of our chief justice. justice Instead of a one-year rotation, is now selected for a four-year term with the ability to serve for subsequent for more accountability generations. not stand for excessive The citizens terms. This allows and consistency. I want to change the culture and perception countless the chief of corruption that has plagued our government I am the chief justice, but I am also a taxpayer and wasteful of West Virginia for of this state, and I simply will spending. deserve the whole story. I will do my part to ensure that the appropriate https://www.wvgazettemail.corn/opinion/dailymailopinion/commentary/justice-allen-lou... 7/13/2018 Justice Allen Loughry: Citizens deserve whole high court story (Daily Mail)i Cornmentar... Page 5 of 5 people are held responsible. Alien H. Loughry II is chief justice of the West Virginia Supreme Court. https://www.wvgazettemail.corn/opinion/dailymailopinion/commentary/justice-allen-lou... 7/13/2018 .II {flit wiry Pm. .. . 1.64.; .. tin . (I l. .h a .. I .?Llw ilk- . .. . mil?? . I 441,134.- 1.90 3,43W4. EXHIBIT ZZ EXHIBIT 481? u; WV Leglsiative Photograbhy, Photo by Perry Bennett & B at' ) -EX-H-18ii a a; Fieet),equest - - New Item WV SUPREME COURT OF APPEALS INTRANET Angus, Requestor: " Vehicle Requested ' 2@ Beginning Date: " Ending Date: " Ea I12AM)JOO!J Destination " Emall Address: ' Phone: ' Notes: Save Cancel Arthur 29 I _ ' g EXHIBIT ' €b HV 30 From: Bundy, Jennifer To: Johnson; Gary ; Sue Subject: what Kenny wants Date: Wednesday, Putting this in writing October 18, 2017 4:01:34 Watch" segment is a Christopher ; Trov; PM so it's not just on my Post-It notes. Kenny Bass office 304-345-4115, Wants to do a "Waste Morris; cell 304-539-9122 Watch" story on renovations done throughout He says he has copies of bills "down S40,000 for the floor, window in Chief Justice Loughry"s office in 2013. "Waste the Sinclair Broadcasting network. to the penny" on some expenses such as S34,000 for a couch, dressings and furniture (he didn't tell me an amount for those), He has receipts and photos of the couch and floor. He has copies of letters between the Supreme Court and the company that worked on the floor design. He says the renovation of Chief Justice Loughry"s office cost twice as much as the renovation of any other office. He does not have any information Davis uses about expenses of renovating her own desk and Justice Benjamin He wants to know if the Court approved got a any other offices. desk from archives. the expenses, and why. He wants to take video in Chief Justice Lou@hry"s office and in the courtroom. seen any of the offices. Story to run Oct. 30. He's not available tomorrow any day next week from 9:30 a.m. to 6 p.m. Jennifer Bundy Public Information Officer Supreme Court of Appeals of West Virginia 1900 Kanawha Blvd. E., Building 1, Room E-100 Charleston WV 25305 Office: 304-340-2305 Cell: 304-437-5442 Fax: 304 558-7990 He thinks Justice He says he has never but is available Friday and i z s -EXHIBIT tf 3 Bundy, Jennifer From: To: ('y; 411Bn Subject: Fwd: Just FYI about furniture Date: Wednesday, November 29, 2017 12:54:58 AM Attachments: imaqeOOl.pnq Sent Begin from my MAGNETFORENSTC50 iPhone foi'warded message: From: Kennie Bass Date: November 28, 2017 at 6:59:56 PM EST To: "Bundy, Jennifer" <,Tennifer,&mdy@.courtswv.gov> Cc: Christopher Swope Subject: RE: Just FYI about furniture Jennyfer, Thank you for the information answers I ve gotten state owned have property desk when my question. he sent never have known equipment when at the homes queries. the case? That of the other Additionally, couch? nuisance. told exactly and exact if the justice The reason when s own believes when It is only when he answered I asked aware answer specifically of the desk? my questions. his responses. it. Ifthat piece News why would of furniture, it isn from t possible is going obviously you would desk. on the court be welcome. t allowing s efforts Is that and for us to take video isn to see the need historically in a publicly-funded from building. ofthe us to That at transparency, statement.. I have so many I may of the desk only Cass Gilbert both say why the court property However, is the way the court reporter clarification I do my story these asking of a state- Technically, the desk is an historic valuable of publicly-owned using the chief justice m sorry about like to be able to clearly a piece can be correct been the couch. if I had not been you as a former is not the case, a simple can you explain I would document s parsing I have For example, was no mention it. lot like he is an extremely Ifthat What in helping asked there had a desk. to light. s time questions, questions. s home, to me about ask about specifically asked for follow-up monetarily. to even an awful out whenl function additional the justice come the chief justice this end, it feels those responses Bcit I was aware it did its existence appreciate raised at the chief justice about came the state The only reason I have been asking follow-up questions is that some of the lustices. about about continuing questions questions is that there are a problem seems or a to be severaf way I questionable involving decisions public elected money. officials In that vein, which what happened being Those made or having are questions are to be held accountable do you have clock Thank either anyinformation clock. conference If you can provide previously always for those about used to be in the justices to that that been must by the court be answered ifour decisions. the final disposition room? that made of the grandfather I am interested information in finding I would out appreciate it. you, Kennie Bass News Anchor/Reporter WCHS (ABC 8) / WV AH (FOX 11) Eyewitness 1301 News Piedmont Newsroom: Road, Charleston, WV 25301 304.345.4115 My Desk: 304.561.3827 ABC 8/FOX 11 Front Desk: 304.345.5358 Fax: 304.345.1849 Mobile: 304.539.9122 Twitter: @KennieBassWCHS Facebook: facebook.com/Kennie-Bass-257839674292570/ wchstv.(om wvah.(om iw-*tis7-g:ox : - m mVai Sinclair provides services to WVAH pursuant to a shared services agreement. From: Bundy, Jennifer fm,iiltO:,lennifer.Bi,indy(a)((iprtswv.@ovJ Sent: Tuesday, To: Kennie Subject: November 28, 2017 5:06 PM Bass RE: Just FYI about furniture Kenny: Chief Justice Loughry has asked that I provide a final response to these continuing questions. For clarification, the couch was abandoned property, and it was not a gift. The Ethics Act is not implicated. Also for clarification, the Court opportunity to establish computers) and furniture It is not possible a home has a longstanding office, to suit their to accommodate your with practice of providing Court-provided respective request the Justices an equipment (i.e. technology needs. to photograph the couch. Jennifer Bundy Public Information Supreme 1900 Court of Appeals Kanawha Charleston Office: Officer Blvd. of West E., Building Virginia 1, Room E-100 WV 25305 304-340-2305 Cell: 304-437-5442 Fax: 304 558-7990 From: Kennie Bass jm3ilto:kbas5(a)55qtv.cgBJ Sent: Tuesday, November 28, 2017 3:15 PM To: Bundy, Jennifer Cc: Christopher Swope Subject: RE: Just FYI about furniture Jennifer, Thank you for your Albrights responses. left the couch the Albrights to the court, ever specifically a couch Which a at his home? brings home other four their home Thank And if it however, justices doesn which t that have state of the desk. I suppose find (desks, offices? you, Kennie Bass News Anchor/Reporter WCHS (ABC 8) / WVAH Eyewitness 1301 (FOX 11) News Piedmont Newsroom: Road, Charleston, WV 25301 304.345.4115 My Desk: 304.561.3827 ABC 8/FOX 11 Front DeSk: 304.345.5358 Fax: 304.345.1849 Mobile: 304.539.9122 Twitter: @KennieBassWCHS Facebook: w(:h5t;v.(:orz facebook.com/Kennie-Bass-257839674292570/ wv3h.(:(im make property, guests can you please property, were was Justice s state Is he entertaining up the question office, questions say the couch or was it a gift to the state? need Some unanswered the couch Loughry then state property? Loug)'uy office? you can justify that out and let me know chairs, Did s to use as he saw fit, why did Justice in his home couches, ? If the coffee as furniture how many makers, for of the etc ) at Sinclair From: provides services Bundy,Jennifer Sent: Tuesday, To: Kennie Subject: 28, 2017 2:18 PM furniture you to know that I was always told that all the furniture s office was his own furniture. and electronic Justice Albright copies of if you need to see them, and director operates agreement. Bass I just wanted officer to a shared services fmailto:Iennifer.Bundv(Ei)courtswv.govl November Just FYI about Albright to WVAH pursuant Belpre of Albright Furniture, said: s bio, which Since 1959 s of Belpre, Inc., a family a retail furniture business in Justice with corporation locations I have printed he has been an which owns and in Belpre, Ohio, and Parkersburg. After Justice Albright Albright picked family, died, I clearly including out what furniture remember his wife and son, came in to his office they wanted Bundy Public Information Supreme 1900 Kanawha Charleston Office: Court Officer of Appeals of West Virginia Blvd. E., Building 1, Room E-100 WV 25305 304-340-2305 Cell: 304-437-5442 Fax: 304 558-7990 telling me that the at the Capitol and to keep and what they did not want. They left what they did not want. Jennifer Steve Canterbury ffi'l I l 8 32- i From: Bundy, Jennifer 5; Ig4hry; (hristririher; Johnsnn; . Griry : Allen Subject: FW: Response to your questions Date: Wednesday, November 29, 2017 4:19:40 PM From: Phil Kabler [mailto:philk@wvgazettemail.com] Sent: Wednesday, November 29, 2017 11:17 AM To: Bundy, Jennifer Subject: Re: Response to your questions Under the West Virginia Freedom of Information Act (W.Va. Code 29-B-1-1 et seq), I reqriest the following information regarding the Supreme Court's practice of providing technology and furniture for justices 1. Written 2. Inventory policy in order to maintain statement of technology 3. Expenditures regarding for technology As per state FOIA law, I will Thanks in advance, home offices: establishing and fiamiture provided and furniture, anticipate home offices for justices. to each jristice. specific a response to each justice. within five business days. Phil Kabler Charleston Gazette-Mail On Tue, Nov 28, 2017 at 5:06 PM, Bundy, Jennifer<,Jennifer.Bundy@,courtsyvv.gov> wiaote: Phi Chief Justice Loughry has asked that I provide a final response to these continuing qriestions. For clarification, not implicated. Also the corich was abandoned for clarification, oppor'cunity computers) property, the Court has a longstanding practice to establish a home of'Hce, with Court-provided and furniture to suit their respective needs. Jennifer Bundy Public Information Officer Supreme Court of Appeals of West Virginia 1900 Kanawha Blvd. E., Building 1. Room E-100 Charleston and it was not a gift. The Ethics WV 25305 Office: 304-340-2305 Cell: 304-47',7-!S442 Fax: 304 558-7990 From: Phil Kabler [mailto:philk@wvqazettemail.com] Sent: Tuesday, November 28, 2017 2:52 PM of providing technology the Justices eqriipment - tx-hisiar !' To: z Act is an (i.e. To: Bundy, Subject: Jennifer Re: Response to your questions I sent two more questions to Justice Loughiy, but have not received responses. Can you make sure they are relayed to him? 1. Given the Ethics Act prohibition on accepting gifts valued at more than $25, how were you able to accept the couch as a gift from Mrs. Albright (or her son)? 2. Am I correct to rinderstand there is another piece of furniture in your residence that needs to be moved back to state property? Thanks, Phil On Tue, Nov 28, 2017 at 2:17 PM, Bundy, Jennifer <,Tennifer,Bundy@.coi.irtswv.gov> wrote: I think you are just going to have to go with what ya got. From: Phil Kabler [mailto:philk@wvgazettemail.com] Sent: Tuesday, November 28, 2017 2:03 PM To: Bundy, Jennifer Subject: Re: Response to your questions Thanks. Editors inform me that the cellphone use in print edition of the paper. Also, I think they want a photo picture showing in the Twitter feed is not of sufficient couch in its current qriality to locale. Please advise. Thanks, Phil On Tue, Nov 28, 2017 at 1:29 PM, Bundy, Jeru'iifer <,Tennifer.Bundy@)courtsivv.gov> wrote: Phil: I am responding on Chief Justice Loughry's behalf because he is in a meeting. 1. Youdidn'tindicatewhetherthecourtemployeeswere"ontheclock"whentheywere moving the couch; however, that would be moot if the couch is public property. Answer: The Albrights didn't want the couch and Chief Justice Loughry didn't want the couch any more. It was private property until Chief Justice Loughry donated it to the state, which moving Court 2. it public a donation employees or thought middle made on work anything want There is nothing wrong to the state in a state van on state time. time using was improper, of the afternoon Editors property. a photo on a bright, a state van. If anyone they certainly sunny of the couch. day. would with state employees Yes, they were was trying Supreme to hide not have moved something the couch in the Answer: Ibelieve you already have a photo. You tweeted it earlier Chief Justice Loughry is not going to have any further comment Jennifer Public Bundy Information Supreme Court Officer of Appeals of West Virginia 1900 Kanawha Blvd. F,., &iilding Charleston WV 25305 Office: Cell: 304-340-2305 304-437-5442 Fax: 304 558-7990 l, Room F.-100 today. about this. 1,;;BITl! -I n Justice Infomiation Robin Jean Davis responds Ac( (W. Va. Code § 29-B-1-1 practice ofprovidingtechnology to I)hil Kab)er's West Virginia el seq.) request regarding "the and fumiturc forJustices Freedom of Supreme Court"s inordertomain[ainhome offices" as follows: I have been a member Deccmberl6,1996. of the Supreme or written policy establish furniture supplied a home of'fice with Juslices have bccn provided Court article, this Administrative both or which computers prior nor dolagrce about a practice confirmed of West Virginia since of providing the Justices by the West Virginia and printers for off-campus an opportumty Supreme Court. to The use. Justices also have Court cell phones. I was not consulted Kabler's of Appeals Forthepasthventy-oneyears,sincemytimeontheCourt,Ihavenever heard of or seen any verbal been provided Court to the publication with the statements of establishing fact by requesting "home memos Services, and Sue Racer-Troy, arc atached hcreto. of the statements contained in Mr. that have been made on behalJoof the offices" with I'rom Kimberly Director, furniture Ellis, Division for Justices. Director, I have Division ofFinancialManagement, of SUPREME COUFIT OF APPEALS STATE OF WEST VIRalNIA GAFIY L, JOHNSON ADMINISTRATIVE DIFIECTOR ADMINlSTRAnVE OFFICE BUILDING 1, ROOM E-100 1900 KANAWHA BOULEVARD, E. CHARLESTON, WV253a5-0&32 (VOICE) 304/558-01 45 (FA)Q 304/558-1212 ww.courtswv.gov To: Justice Robin Davis From: Sue Racer-Troy Date: November 29, 2017 Subject: State property at Justice's homes , I am not aware of, nor heard any mention of a policy (verbal or written) regarding state property kept at home offices of any Justices. The lack of written policies and procedures is an on-going problem which has existed for some time. But in this case, I was not aware of even a verbal policy regarding home offices for the Justices, Many employees are assigned computer equipment, such as laptops, that can be used either at their workplace or home. It was my understanding that the Justices likely had laptops at their homes, but I was not aware of any other state property that was not kept on the premises. During the five years that I have worked for the court, I am not aware of any furniture or fixtures that were purchased with state funds and delivered to the homes of any Justices, rve reviewed payments to Scott Young (dba Young's Moving Service) for the 2012 calendar year. Iwas unable to Iocate any record of furniture or fixtures being moved to the homes of any Justices, SUPREME COUFIT OF APPEALS STATE OF WEST VIRGINIA ADMINISTRATIVE OFFICE BUILDING 1, ROOM E-100 1900 KANAWHA BOULEVAJ'lD, E. WV 25305-0832 CHAFIIESTON, (VOICE) 304/558-01 45 (FAX) 304/558-1212 www.courtswv.gov GARY L JOHNSON ADMINISTRATIVEDIRECTOR Memorandum Justice Robin J, Davis, Supreme Court of Appeals of West Virginia To: The Honorable From: KimberlyEllis,DirectorofAdmirffstrativeServices5) Date: November Re: Policies 30, 2017 or Practices related to Court furniture or fixtures for use at Justice's Homes of to me, in my capacity as Director is in response to your inquiry Memorandum Services, to research and identify any written, historical and/or verbal policies or Administrative practices wherein Justices are provided with furniture or fixtures purchased or owned by the and You also directed me to identify my job responsibilities Court for use at their homes. procurement and inventory of new and used experience related to the oversight, specification, Court. fiirniture under the purview of the This Priortomytenureas IhavebeenDirectorofAdministratxveServicessinceNovemberl,2015. to October 2015. As 2013 Services from May Deputy Director of Administrative Director,Iwas procurement (with include, but are not limited to, the specification, Director, my responsibilities of fumiture items inventory and Director) from the Court and the Administrative authorization Supreme Court Offices, and for Magistrate Courts and Family Courts for the West Virginia I am also responsible for the oversight of the delivery, throughout the state of West Virginia. receipt, and general disposition of the Court's used furniture inventory stored and maintained in Way and at Venable Avenue. the Court's two warehouses located at Leon-Sullivan item is purchased by the Court, a file is generated by me and/or my staff which about contains approved quotes, purchase orders, invoices, and any other relevant documentation by the location where the furniture item is in use. the purchase or item. Each file is identified Court in of a purchase of a desk chair ordered for Magistrate For example, documentation The Financial Division Wayne County would be found in the Wayne County file in my office. format bough electronic in purchase of the records financial also retains more detailed When a furiture WVOasis. my review of the Services Division, After research of the records kept in the Administrative policies I am aware of pertaining to operations at the Court, my discussions with Sue Troy, during my and based on my personal knowledge Director of the Court's Financial Division, tenure as Deputy Director and Director of Administrative Services, I have been unable to identify any written, historical and/or verbal policies or practices related to the provision of furniture or fixtures purchased or owned by the Court for use at a Justice's home, During my research, which included review of documents available to me going back to as far as 2010, I did not locate any records documenting that any used fumiture items were moved from the Court's offices or from either of the Court's warehouses to a Justice's home. Based on my discussions with Sue Troy, it is my current understanding that she is also unaware of any records available to her that document any new or used fumiture purchased for or located at a Justice's home. It is also my understanding that Mrs. Troy has been directed to submit her findings separately once she has completed her research. As Director, I have not arranged to have new or used fumiture or fixtures delivered to a Justice's home. During my tenure as Deputy Director, I did not arrange to have new or used furniture or fixtures delivered to a Justice's home. During my tenure as Deputy Director, I mn not aware of my predecessor, Fletcher Adkins, arranging for fumiture or fixtures to be delivered to a Justice's home. Notwithstanding, I did not contact Mr. Adkins (who is currently retired) for purposes of this memorandum, but will do so if requested by you or any other member of the Court. Since becoming Director, I have exercised due diligence to improve the detail of our filing and tracking system of all Court assets, including fumiture and fixtures, but the "system" I inherited is primarily paper files and could and should be updated to an electronic format so that it will be more comprehensive, accessible, and easily searchable. It is my suggestion that we improve our existing system by creating a centi electronic database wherein all court assets (of a minimwi value to be detemiined by the Court) located in the Supreme Court offices or warehouses, or in Magisttte and Family Courts in the 55 counties, are logged into the central database so that the description, value, purchase date and location of each asset is easily accessible and can be revised when an asset is relocated or retired. This improved central database would also assist the court in being more transparent with regard to the Court's assets located throughout the state. I have had some discussion with Sue Troy about these improvements mid she suggested that we may be able to accomplish this by using WVOasis or another existing internal computer program which would rninirnize any additional cost to $e Court to implement the new central database. U you are requesting different or additional information, please let me know at your convenience and I will promptly conduct any necessary additional research and supplement this memorandum. CC : File 4 ' b 'j Bundy, Jennifer From: To: Louqhry; Subject: Latest version Date: Thursday, Allen of statement November It is entirely appropriate due to their heavy caseload is not in session. Supreme Supreme Court The desk was not returned an obstacle Kanawha Charleston of West Virginia Blvd. E., Building WV 25305 304-340-2305 Cell:304-437-5442 Fax: 304 558-7990 during 1, Room E-100 for home offices at home. the evening Justices do not and also when until it is needed because its use was inappropriate, to the Court completing Officer of Appeals matters the desk has been taken to storage Bundy Public Information Office: of time they spend working deal with emergency issues such as this are becoming Jennifer PM Court Justices to have desks and computers and the amount Nevertheless, Court office. 30, 2017 6:04:55 for Supreme work 9-5 jobs and frequently 1900 s54- is important Court in another but because work. i z !, -EXHIB 35 i I i" ai i From: Bundy, Jennifer To: IgJry; Subject: RE: couch Date: Thursday, Allen 30, 2017 6:09:12 PM Phil: Chief Justice Loughry asked me to respond. No, this is not the desk that Justice McHugh and Justice McGraw used. It is the desk that Chief Justice Loughry used for ten years when he was a law clerk. It is entirely home offices Justices and also when Court is needed in another inappropriate, Jennifer for Supreme due to their heavy caseload do not work completing appropriate and the amount 9-5 jobs and frequently is not in session. Supreme Corirt Justices to have desks and computers deal with Nevertheless, Court office. matters are during at home. the evening the desk has been taken to storage until The desk was not returned but because issues such as this is important of time they spend working emergency for becoming an obstacle it because its use was to the Corirt work. Bundy Public Information Officer Supreme Court of Appeals of West Virginia 1900 Kanawha Blvd. E., Building 1, Room E-100 Charleston WV 25305 Office: 304-340-2305 Cell: 304-437-5442 Fax: 304 558-7990 From: Loughry, Allen Sent: Thursday, November 30, 2017 12:40 PM To: Bundy, Jennifer Subject: FW: couch From: Phil Kabler [m,)ilto:philk(Ei)wvgazettemail.com] Sent: Wednesday, November 29, 2017 1:24 PM To: Loughry, Allen Subject: Re: couch I raise this qriestion, in part, because it is lighting rip on Twitter at the moment: Is the antique desk that was rised by Justices McHugh and McGraw, commonly the "Cass Gilbert desk" currently in your residence on Scenic Drive? Thanks, Phil. referred to as On Tue, Nov 28, 2017 at 2:00 PM, Phil Kabler wrote: Thanks for the response through Jennifer. : Two more questions, and I promise I'll be finished. ' 1. Given the Ethics Act prohibition on accepting gifts valued at more than $25, how were you able to accept the couch as a gift from Mrs. Albright (or her son)? ' 2. Am I correct to understand there is another piece of furniture to be moved back to state property'? Thanks, Phil in your residence that needs On Tue, Nov 28, 2017 at 10:52 AM, Phil Kabler wrote: Thanks for the clarification. Couple of more questions: You didn't indicate whether the court employees were "on the clock" when they were moving the couch; however, that would be moot if the couch is public property. Also, editors would like to get a picture of the couch in the warehouse, Thanks, Phil if that's possible. On Tue, Nov 28, 2017 at 10:01 AM, Loughry, Alien wrote: Phil, Justice Albright owned a furniture store and bought all of his office furniture including that couch. No one has ever disputed that. It was all his. These are more lies from Steve, but he will say absolutely anytbing to damage me and the Corirt. It was all his furnihire and they took some and left some behind after he died in office. When I spoke with his widow yesterday she laiew exactly what corich I was talking about, but said she still did not want it. As far as the couch being moved and being stored in a state facility, after reading your story and the innuendo within, and afi:er the Albrights said they still did not want it back, I decided that I no longer wanted this corich under any circumstances. I did not ' want to keep getting accused of things. It's just not worth it. As far as I am concerned it is now property donated to the state of West Virginia so it is no longer private property. The court can rise it. I would never store private property on state properly under any circumstances. As I said yesterday, this was not state property, but yori basically accused me of stealing state property in your column without even asking me about it so I decided to give it to the corirt and the corirt can use it in one of its offices. I'm hopeful that fiirther clarifies this. Sent from my iPhone On Nov 28, 2017, at 9:09 AM, Phil Kabler wrote: Thanks for the clarification. Coriple of additional qriestions: Is there a way to verify that the late Justice Albright boright the couch? Also, were court employees "on the clock" when the couch was moved, and if the couch is private property, can it be stored in a state facility? (Recall Ethics Commission fine v. Chris Jarrett for storing personal property at the Water Authority HQ.) Thanks, Phil On Mon, Nov 27, 2017 at 6:14 PM, Loughry, Allen wrote: I have just spoken with Justice Albiight's son, the ovvner of the couch. He told me again lie did not want the couch and for me to keep it. This is not State property. However, as I said previously, I am not keeping it and the State can have it. From: Loughry, Sent: Monday, Allen November 27, 2017 5:57 PM To: 'philk@vvvgazettemail.com' Subject: couch Phil, I do not have twitter, photo today. but I have been informed Here is my response Please let me know if you receive You have been misinformed. to your this. It was never state property. Albright. He purchased innuendo coming to them. from Canterbury, that I had warehorise. Today Nonetheless, orir fired, story. to is not state in his office. of Justice Joe After the couch left a message for his son and will he passed rise for it and they did not want I am so sick of the lies and disgruntled former administrator the couch taken back to the supreme I called Nancy, her again if she wanted a Allen It was the property all of the furniture said they had no fiirther the couch rehirned photo and to your Thanks. The couch you are referring property. away, his family that you posted Jristice Albright's widow, and she said she did not. offer him the same. Steve corirt and asked I have also d EXHIBIT 1 1, I if 3 €,, L 1 lfflll ( AFFIDAVIT I, Kimbetly Ellis, 1. My name 2. I am Ditectot being is Kimbetly currently I began Adininistrative working Services Ellis, fot upon her oath, the 5. My include, Court in the administrative and equipment of Appeals of West Vitginia as the offices. of Appeals but security of Dizector of West are not systems, of Administtative limited to, Vitginia overseeing for Services managing facilities courts in all 55 counties, and consultation/facilitation furniture and say as fonows: the age of eighteen. Supreme Court depose as Deputy Director of on May 16. 2013. the position managing with the Supreme I have held warehouses, sworn and I am over Services 4. duties duly employed of Adtninisttative 3. &st the since November fleet planning vehicles, and 1, 2015. ovetseeing upkeep regatding selection and for the two lower ptocurement of the Coutt. 6. Construction on Justice Lougbry's office began in June 2013. 7. My initial meeting with Justice I,oughry to discuss the renovations to is before 'l was an employee of the Court and while I was an employee of Silling office occiured Associates. T'he initial meeting occutted in Justice Lougbty's current office. At that time, thete was a desk in his office. The desk was an antique walnut desk, specified by Cass Gilbert. 8. Duting my initial meeting with Justice Loughty to discuss the renovations to his office, thete was a green leatbet couch in his office. That couch is now at the Venable Avenue warehouse. 9. During my initial meeting with Justice Louglu7 to discuss the renovations to is office, Justice T,oughty did not mention to me that the desk in his office was a CassGilbett desk. 10. I left the employment of Silling Associates and began wotking fot the Supreme Court of Appeals of West Vitg'nia piior to the beginning of construction on Justice Loughry's office. 11. Just'ce Loughry was very involved in the decisions tegarding the renovations to and irnishing of Ms office. 12. The construction costs associated with tbe tenovations to Justice Loughty's office wete discussed with Justice Loughry and a detailed cost est'mate was provided to Justice Loughry by the Conttactot before construction began. 'J 13. The pillows for Justice Loughry's couch were ordered well aftet the renovations were completed. Justice Loughry decided that he wanted custom pillows and he personally selectedthe fabrics and down inserts for the pillows. 14. Justice Lougliry wanted a West Vitginia map on the floot of his office. Justice Loughty hand-sketched office, their the West which Virginia also included map and the placement his handwritten notes of his furniture about other items on a shell he wanted floor for plan his of his office and locations. 15. Justice Loughty wanted Tucker Count5r to stand out on the map. He wanted the granite that was selected for his bathroom floor to be used for Tucker County. 16. Justice Loughry was updated tbroughout the project. I do not recall any surprises regarding the map. 17. I was askedby Justice Davis about a wiitten ot otal policy on allowing the Justices to have a home office with furniture provided by the Court, and I drafted a memo to Justice Davis in response to her tequest. 18. I was first made aware that a couch was at Justice I,oughry's house when I teceived a call from Paul Mendez, a Court employee who works for my Division, infotming me that he had been instructed to go to Justice Loughry's house and remove a green leathe.tcouch. Duting that phone call, Mt. Mcndez also informed me that Justice Loughry had a CassGilbert desk at his house that he also wanted 19. At to temove, the time but they wete of the phone only getting call from the couch 'fvlr. Mendez at that time. referenced above, l did not lmow that a Cass Gilbert desk or any other Coutt furniture was located at JusticeLoug$'s residence. 20. Othet the watehouse 21. It than Mr. was ftom is my Mendez, the only information understanding that that the infoation that I saw on social couch was I had about the couch being returned to media. picked up on a Monday and the desk was supposedto be temoved on the fonowing day. However, Paul Mendez told me that Justice Loughi'y called off the temoval of the desk for the following day and told Paul to be on standby because Justice Loughry wanted to wait until his neighbor left so that pictures wouldn't be taken and posted on social media 22. A few warehouse again. days aftet and observed the couch and and photographed desk wete both the couch delivered to the warehouse, I went to the and the desk. 23. I received a phone call ftom Justice Loughry on the evening of January 4, 2017, which was the day that Steve Canterbui7 was fired. Justice Loughry called me at night on my personal cell phone Steve and asked me to keep Canterbury. Cantetbury, feared but He also our said I had nothing fot my employment conversation that it was to wozry with off is about the tecord. He informed understanding because they liked me that a spy he had or loyal fired that I was to Steve me. I felt like tbis was a threat and the Coutt. 24. It is my understanding that Justice I,oughi7 also made a similar statement to my fotmer assistant, Tamerra Gilrnore. Based on information and belief, while I was out of the office on Couit business,Justice Lougl'u'y instructed Tamerta to come into his office and shut the door, and then told Tametra anothet job that he believed and tesigned 25. On October that from 18, 2017, she and her position Sue Ttoy I were with came spies the Coutt fot Steve shonly to my office Cantetbury. Tamena found theteafter. and requested my files on the renovations to JusticeLoughry's office andJustice Davis' office. I provided lier with my files on that date. 26. On the following day, October 19, 2017, I was contacted by Joan Mullins in the Administtative Office, and I was told that Judge Johnson wanted to see me in his office immediately. When I arrived at JudgeJohnson's office, Justice Loughi7 was sitting at a table with adrninisttative counsel sitting on both sidesof him. JudgeJohnson and SueTroy wete also present. Justice Loughry began questioniiig me about the costs associatedwith his office. Justice Loughry asked me if I tecalled a ieeting with him whete I had wtitten down on a piece of papet the cost for Justice Ketchum andJustice Workman's offices, and I said that I did not. During this samemeeting, Justice Loughty said that he had specifically told me over and ovet again that tegatdlessof what is spent on his office, it was not to cost more than Justice Ketchum or Justice Wotkman's office, and he asked and coetce me if I recalled that conversation, and I said no. I felt like he was try'mg to intimidate me me to lie. 27. Not long after the October 19, 2017, meeting in JudgeJohnson's office, my personal office was Office relocated from to a smallet of the Court's two an office office located Adstrative suite located within Counsel down the Court's who the liall main from the Court's Adn'strative were ptesent at the Octobet Office main Adtninisttative between 19, 2017, the offices meeting. 5'iy44:'('3)"A"g')!'-" STATE OF ";: COUNTY OF \(,)X- ,,{,,, Voal=,> Kimberly Ellis, % information, being , to-w't: personally of-. :s,, Affidavit is day foregoing a%y(l she believes known to tne, , 2018, true to the best said statements of and her appeared after being duly information PUBLIC Expires: iii swom, belief, my and CAROllNE 8 MICHIE j)' 5 -D 1 g)lprrooJune5, 202 said County and State says that tlie iitformation Commlaffllon#aa 111726 >,'4Q@f/,y My commission and me to be ttue. o,.1,,llvpuaz,, NOTARY before wherein stated to on the in the be upon