IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA No. STATE OF WEST VIRGINIA, ex rel., G. ISAAC SPONAUGLE, West Virginia citizen and taxpayer, Petitioner, v. JAMES CONLEY JUSTICE, II, Governor of the State of West Virginia, Respondent. PETITION FOR WRIT OF MANDAMUS SPONAUGLE SPONAUGLE ATTORNEYS AT LAW P. 0. BOX 578 FRANKLIN, WEST VIRGINIA 26807 (304) 358-2337 isaac@sponauglelaw.com G. Isaac Sponaugle 111 State Bar #9720 Petitioner TABLE OF CONTENTS TABLE OF AUTHORITIES QUESTION PRESENTED 1 STATEMENT OF CASE 2-5 SUMMARY OF ARGUMENT . 5 STATEMENT REGARDING ORAL ARGUMENT 5,6 ARGUMENT 6-12 CONCLUSION I3 VERIFICATION I4 CERTIFICATE OF SERVICE 14 ii TABLE OF AUTHORITIES West Virginia Constitution: Article 111, Section 16 11, 12 Article VI, Section 20 7 Article VII, Section 1 1,2,4,5,7,8,9,10 &13 Article Section 3 5 Statutes: Code 6-5-4 1,4,5,7,8,10 12 Cases: Deiardas v. County Court, 155 776, 186 847 (1972) 7 Frantz v. County Court, 69 734, 73 SE. 328 (1911) 7 Gribben v. Kirk, 466 147, 195 488 (W. Va., 1995) 10 Hickman v. Epstein, 192 42, 450 406 (1994) 6 Simms Satin-W?s, 85 101 SE. 467 (1919) 8 Siack v. Jacob, 8 657 (1875) 2,7 9 State ex rel. Blankenship v. Richardson, 196 726, 474 906 (1996) 6 State ex ret. Bronangk v. Parkersburg, 148 W. Va. 568, 573, 136 8.13. 2d 783, 786 (1964) 10 State ex rel. Brot/ierton v. Blankenship, 214 467 (1975) 7 State ex rel. Brotherton v. Moore, 159 934, 230 638 (1976) 5, 7 State ex rel. (I?asev v. Pauley, 158 W. Va. 298,2108.E.2d 649(1975) 9 State ex rel. Greenbrier ountv Airport Authority v. Hanna, 151 479, 153 284 (1967) 6 State ex rel. Kueera v. City of Wheeling, 153 538,170 367 (1969) 6 State ex rel. MeGraw v. West Virginia Ethics Comm 200 723, 490 812 (1997) 6 State ex ref. West Virginia Housing Deveiopment Fund v. Copenhaver, 153 636, 171 545 (1969) 6 State ex re}. W/ieeting Downs Racing Ass 'n v. Perry922 (1963) 10 State ex rel. Wiltiams v. Department ofMil. 212 407, 573 1 (2002) 6 State ex ref. Smith v. Gore, 150 W. Va. 71, 143 791 (1965) 8 State ex rel. Trent v. St'mS. 138 W. Va. 244, 77 122 (1953) 8, 9 Winkler v. State Scliooi Building Authority, 189 748, 434 420 (1993) 8 Other Authorities: Bastress, Robert M. The West Virginia State Constitution (Oxford Commentaries on the State Constitutions of the United States) (pp. 219 of 381). Oxford University Press. Kindle Edition. 1 iv QUESTION PRESENTED This petition presents the question whether Section 1 of Article VII of the West Virginia Constitution and Code 6?5?4 are mandatory nondiscretionary requirements that the Of?ceholder of Governor shall reside at the seat of government during the terms of of?ce, and keep there the public records, books and papers pertaining to that of?ce. STATEMENT OF CASE HISTORY OF SECTION 1 OF ARTICLE VII OF THE WEST CONSTITUTION West Virginia has had two constitutions. The ?rst rati?ed in 1863 and a second in 1872. The West Virginia Constitution of 1872 was rati?ed by the voters on August 22, 1872, which is the same constitution that governs the State of West Virginia today subject to certain amendments to it. Section 1 ofArticle ofthe West Virginia Constitution of 1872 provided the following: The Executive department shall consist of a Govemor, Secretary of State, State Superintendent of Free Schools, Auditor, Treasurer and Attorney General, who shall be ex of?cio reporter of the Court of Appeals. They shall, except the attorney General, reside at the seat of government during their terms of of?ce, and keep there the public records, books and papers, pertaining to their reSpective offices, and shall perform such duties as may be prescribed by the ?fth section of same article declares that "the chief executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed. 1934 amendment added the commissioner of agriculture to the list, and a 1958 amendment deleted the state superintendent of schools. The ?rst of those amendments also changed the inauguration date from March to January, in order to shorten an outgoing administration?s lame?duck period, and dr0pped an exception for the attorney general from the residency requirement.? Bastress, Robert M. Jr, The West Virginia State Constitution (Oxford Commentaries on the State Constitutions of the United States) (pp. 219 of 38 1 Oxford University Press. Kindle Edition. Petition for Writ of Mandamus Page 1 of 14 In 1876, three years after the voters of the State of West Virginia rati?ed the West Virginia Constitution, the Supreme Court of Appeals of West Virginia distinguished between nondiscretionary duties and discretionary duties in a case that centered around a legal f1 over legislation that moved the seat of government from the city of Charleston to the city of Wheeling. The Supreme Court set forth that the state constitution unequivocally requires that the Governor shall reside at the seat of government during his term of of?ce and keep there the public records of his of?ce, was a nondiscretionary duty. ?It was his duty to do so, in ?delity to his oath of of?ce to support the constitution of the State; and the constitution of the State unequivocally requires that he shall reside at the seat of government during his term of of?ce, and keep there the public records of his Of?ce, and commands him, as the chief executive of?cer, in whom is vested the chief executive power, to "take care that the laws be faithfully executed.? Slack 12. Jacob, 8 657 (1875). The 1875 language of Section 1 of Article VII of the West Virginia Constitution only granted discretion to the Attorney General regarding the place of residency of the Of?ceholder. All other members of the executive department where constitutionally bound by the nondiscretionary (mandatory) requirement that they shall reside at the seat of government. The discretion granted the Attorney General as to his place of residence was amended by the voters in 1934 and it is now a nondiscretionary (mandatory) constitutional requirement that the Attorney General also reside at the seat of government. RESPONDENT WAS ELECTED GOVERNOR SWORE AN OATH TO OFFICE On November 8, 2016, Respondent was elected Governor by the citizens of the State of West Virginia. On January 16, 2017, his Inauguration took place at 1:00 pm. at the West Virginia Petition for Writ of Mandamus Page 2 of 14 State Capitol, the seat of state govemment. Chief Justice Allen H. Loughry, II, administrated the oath or af?rmation of Of?ce for Governor to the Respondent, wherein he swore the following: James Conley Justice, 11, do solemnly swear that I will support the constitution of the United States ofAmerica, and the constitution of the State of West Virginia, and that 1 will faithfully discharge the duties ofthe office of Governor ofthe State of West Virginia to the. best of my skill and judgment, so help me God. RESPONDENT FAILS TO COMPLY WITH NONDISCRETIONARY REQUIREMENT OF GOVERNOR Respondent has not resided at the seat of government during his term of of?ce from January 16, 2017 through the ?ling of this Petition for Writ of Mandamus. Respondent, based on his own public admissions, has not spent more than a handful of nights, if any, at the West Virginia Governor?s Mansion located at 1716 Kanawha E, Charleston, West Virginia, since January 16, 2017 or at any other residence located within the seat of government, Charleston. In fact, Respondent continues to reside in Greenbrier County, West Virginia. When he decides to go to work, which is not a regular occurrence, at the seat of government he drives himself to and from Greenbrier County. Respondent has made consistent and repeated pubic remarks that has not, is not and will not reside at the seat of government.1 Members of the West Virginia Legislature have publicly raised concerns about the chronic absenteeism of Respondent and its effect on the productivity of state government that was a major cause ofthe various scandals by way ofa press release.2 Respondent has held press conferences publicly declared that he would not move into the Governor?s Mansion nor would he be reporting to work daily at the seat of government. Respondent further advised the public that he works from his residence in Greenbrier County, App: EX 1 2 App: EX 2; EX 4 Petition for Writ of Mandamus Page 3 of 14 West Virginia. It was implied by the Respondent that most of his records, books and papers pertaining to the of?ce of West Virginia Governor are scattered between Greenbrier County and Kanawha County. Speci?cally, Respondent stated in regards where he works, ?It doesn?t matter whether I do it in the back of a Suburban or from the t0p of the dome."3 Respondent further advised the public at a press conference that he doesn?t reside in Charleston, West Virginia, and ?I?ll only stay at the Mansion when it?s convenient to me.?4 Certain scandals, mismanagement of public monies, no communication with cabinet secretaries and a decrease in productivity of state government has occurred under the Respondent?s tenure as Governor. 5 Respondent has and continues at the time of the ?ling ofthis Petition, to violate his oath of of?ce and the nondiscretionary (mandatory) requirement that he shall reside and keep his records, books and papers pertaining to the of?ce of West Virginia Governor at the seat of government pursuant to Section 1 of Article VII of the West Virginia Constitution and Code 6-5-4. Respondent?s refusal to perform his nondiscretionary (mandatory) duties violates his oath of of?ce that he will support the constitution ofthe State of West Virginia and will faithfully discharge the duties of the of?ce of Governor of the State of West Virginia. As a result, Petitioner, as a West Virginia citizen and taxpayer, has been and continues to be injured by Respondent's poorjob performance due to habitual absenteeism. Lacking any other means of compelling Respondent to comply with his duties under the West Virginia Constitution, Petitioner now ?les this petition for a writ of mandamus to compel Respondent to perform his constitutional nondiscretionary duty that he resides West Virginia 3 App4App: EX 14 5 AppPetition for Writ of Mandamus Page 4 of 14 at the seat of government and keep all his records, books and papers pertaining to the of?ce of West Virginia Governor there, rather than Greenbrier County. SUMMARY OF ARGUMENT Petitioner is a citizen and taxpayer of the State of West Virginia, more particularly Pendleton County. citizen and taxpayer of this State has a right to maintain a mandamus proceeding in order to compel a public official to perform a nondiscretionary constitutional duty.? Syl. Pt. 1, State ex rel. Brotherton v. Moore, 159 934, 230 638 (1976). Section 1 of Article VII of the West Virginia Constitution and Code 6-5-4 impose nondiscretionary duties on Respondent to reside at the seat of government during his term of of?ce, keep there the public records, books and papers pertaining to his respective of?ce, and shall perform such duties as may be prescribed by law. ReSpondent began his four-year term of of?ce on January 16, 2017 and has not complied with this constitutional and statutory nondiscretionary mandatory duties. For these reasons, this Court should order Respondent to reside at the seat of government during his term of of?ce, AND keep there the public records, books and papers pertaining to his respective of?ce during his term of of?ce. STATEMENT REGARDING ORAL ARGUMENT AND DECISION Jurisdiction and venue are proper in the West Virginia Supreme Court of Appeals, which has original jurisdiction over mandamus proceedings pursuant to Section 3 of Article of the West Virginia Constitution. Petitioner states that any evidence needed to decide this matter would be very limited, if any is required at all, based upon the public statements made by Respondent, as reported by various news agencies, that he does not reside at the seat of government, will not move to the Petition for Writ of Mandamus Page 5 of 14 seat of government and will continue to work from his residence located in Greenbrier County, West Virginia. Oral argument is necessary pursuant to the criteria in Rule 18(a) of the Rules of Appellant Procedure. Petitioner is requesting a Rule 20 oral argument. This matter is suitable for a Rule 20 argument due to it being a case of ?rst impression; issues of fundamental public importance; and constitutional questions regarding nondiscretionary duties of an elected of?cial. ARGUMENT THE REQUIRED ELEMENTS FOR A WRIT OF MANDAMUS ARE SATISFIED "Mandamus lies to require the discharge by a public of?cer of a nondiscretionary duty." Syl. Pt. 3, State ex ref. Greenbrier County Airport Authority v. Hanna, 151 479, 153 284 (1967); Syl. Pt. 1, State ex ref. West Virginia Housing Development Fund 12. Copenhaver, 153 636, 171 545 (1969). Syl. Pt. 1, State ex ref. Wiffiams v. Department Qf'Mif. 212 407, 573 (2002). It is well-established that a writ of mandamus requires three elements: (I) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the thing which the petitioner seeks to compel; and (3) the absence of another adequate remedy. Syl. Pt. 2, State ex ref. Kacera v. City Qf?Wheefing, 153 538, 170 367 (1969); accord Syl. Pt. 2, State ex ref. Bfanftensftip v. Richardson, 196 726, 474 906 (1996); Syl. Pt. 1, Hickman v. Epstein, 192 42, 450 406 (1994); Syl. Pt. l,Stare ex ref. McGraw v. West Virginia Ethics Comm rn, 200 723, 490 812 (1997). A. Petitioner possesses a clear legal right to the relief sought Petitioner is a citizen and taxpayer of the State of West Virginia, more particularly Pendleton County. citizen and taxpayer of this State has a right to maintain a mandamus Petition for Writ of Mandamus Page 6 of 14 proceeding in order to compel a public of?cial to perform a nondiscretionary constitutional duty.? Syl. Pt. 1, State ex rel. Brotherton v. Moore, 159 934, 230 638 (1976); State ex rel. Brotherton v. Blankenship, 214 467 (1975); Delardas v. County Court, 155 776, 186 847 (1972). No special or pecuniary interest must be shown by individuals who sue in this capacity. Frantz v. County Court, 69 734, 73 8.13. 328 (1911). The Governor during his term of of?ce is to reside and keep there the public records of his of?ce at the seat of government is a nondiscretionary constitutional duty pursuant to Section 1 of Article VII of the West Virginia Constitution and Code 6?5?4. ?It was his duty to do so, in ?delity to his oath of of?ce to support the constitution of the State; and the constitution of the State unequivocally requires that he shall reside at the seat of government during his term of office, and keep there the public records of his of?ce, and commands him, as the chief executive of?cer, in whom is vested the chief executive power, to "take care that the laws be faithfully executed.? Slack 12. Jacob, 8 657 (1875). All the conditions have been satis?ed and Petitioner has a clear legal right to the relief sought in this petition. B. Respondent, during his term of of?ce, has a nondiscretionary constitutional duty to reside and keep the public records, books and papers pertaining to his public of?ce at the seat of government. Section 20 of Article VI of the West Virginia Constitution provides as follows: 6-20. Seat of government. The seat of government shall be at Charleston, until otherwise provided by law. Section 1 of Article VII of the West Virginia Constitution provides as follows: Executive department. The executive department shall consist of a governor, secretary of state, auditor, treasurer, commissioner of agriculture and attorney general, who shall be ex of?cio reporter of the court of appeals. Their terms of of?ce shall be four years, and shall commence on the ?rst Monday after the second Wednesday of January next after Petition for Writ of Mandamus Page 7 of 14 their election. They shall reside at the seat of government during their terms of of?ce, keep there the public records, books and papers pertaining to their respective of?ces, and shall perform such duties as may be prescribed by law. Code 6?5-4 provides as follows: Residence of of?cers. The Governor, Secretary of State, state superintendent of free schools, Auditor, Treasurer, Attorney General and Commissioner of Agriculture, shall reside at the seat of government during their term of of?ce, and keep there the public records, books and papers pertaining to their respective of?ces. Every judge of a circuit court shall, during his continuance in of?ce, reside in the circuit for which he was chosen. Every county and district of?cer, except the prosecuting attorney, shall, during his continuance in of?ce, reside in the county or district for which he was elected. And the removal by any such of?cer from the state, circuit, county or district for which he was elected or chosen shall vacate his of?ce. The constitution and statutory language are explicit, in plain ordinary clear English, in setting forth unequivocally that residing at the seat of government during the term of of?ce, and keeping there the public records, books and papers pertaining to that of?ce is a nondiscretionary duty of holding the of?ce of Governor. "Where a provision of a constitution is clear in its terms and of plain interpretation to any ordinary and reasonable mind, it should be applied and not construed." Syl. Pt. 3, State ex ref. Smith v. Gore. 150 W. Va. 71, 143 791 (1965). "Words used in a state constitution, as distinguished from any other written law, should be taken in their general and ordinary sense." Syl. Pt. 6, State ex rel. Want Sims. 138 W. Va. 244, 77 122 (1953). ?Questions of constitutional construction are in the main governed by the same general rules applied in statutory construction." Syl. pt. 1, Wink/er v. State School Building Authority, 189 748, 434 420 (1993). ?The provisions of the Constitution, the organic and fundamental law of the land, stand upon a higher plane than statutes, and they will as a rule be held mandatory in prescribing the exact and exclusive methods of performing the acts permitted or required." Syl. Pt. 2, Simms v. Sat-wars. 85 W. Va. 245, 101 SE. 467 (1919). Section 1 of Article VII of the West Virginia Constitution uses the word ?shall? reside at Petition for Writ of Mandamus Page 8 of 14 the seat of government during their terms of of?ce, keep there the public records, books and papers pertaining to their respective of?ces. The word shall when used in constitutional provisions has been determined to be used in the mandatory sense and not discretionary sense. "As used in constitutional provisions, the word 'shall' is generally used in the imperative or mandatory sense." Syl. Pt. 3, State ex rel. Mani v. Sims, 138 W. Va. 244, 77 122 (1953). "Courts are not concerned with the wisdom or expediencies of constitutional provisions, and the duty of the judiciary is merely to carry out the provisions of the plain language stated in the constitution." Syl. Pt. 3, State ex ref. Pattht-i 158 W. Va. 298, 210 649 (1975). The Supreme Court of Appeals of West Virginia has interpreted Section 1 of Article VII of the West Virginia Constitution to be nondiscretionary constitutional duty of the executive department. This has been the rule of land for over 140 years in this state. ?It was his duty to do so, in ?delity to his oath of of?ce to support the constitution of the State; and the constitution of the State unequivocally requires that he shall reside at the seat of government during his term of of?ce, and keep there the public records of his of?ce, and commands him, as the chief executive of?cer, in whom is vested the chief executive power, to "take care that the laws be faithfully executed.? Slack v. Jacob, 8 657 (1875). On November 8, 2016, Respondent was elected Governor by the citizens of the State of West Virginia. On January 16, 2017, his Inauguration took place at 1:00 pm. at the West Virginia State Capitol, the seat of state government. Chief Justice Allen H. Loughry, 11, administrated the oath or af?rmation of Of?ce for Governor to the Respondent at the Inauguration. ReSpondent has not resided at the seat of government, will not move to the seat of government and continues to work from his residence located in Greenbrier County, West Virginia. Respondent is violating nondiscretionary duties of holding the of?ce of Governor by Petition for Writ of Mandamus Page 9 of 14 refusing to reside at the seat of government during his term of of?ce and keep there the public records, books and papers pertaining to his respective of?ce, as mandated by Section 1 of Article VII ofthe West Virginia Constitution and Code 6-5-4. All the conditions have been satis?ed and Respondent is violating a nondiscretionary duty of holding the of?ce of Governor. C. Petitioner possesses no other adequate remedy Petitioner lacks any adequate alternative remedy, and the writ should issue. The existence of any remedy will not suf?ce. "Mandamus will lie, notwithstanding the existence of another remedy, if such other remedy is inadequate or is not equally bene?cial, convenient and effective." State ex ref. Wheeling Downs Racing Ass 'n v. Perry922 (1963). remedy cannot be said to be fully adequate to meet thejustice and necessities of a case, unless it reaches the end intended, and actually compels a performance of the duty in question." State ex rel. Bronaugh v. 148 W. Va. 568, 573, 136 SE. 2d 783, 786 (1964). ?Mandamus will lie against a State of?cial to adjust prospectively his or her conduct to bring it into compliance with any statutory or constitutional standard.? Syl. Pt. 2, Gribben v. Kirk, 466 147, 195 488 (W. Va, 1995). Petitioner is concerned about ReSpondent?s habitual absenteeism and its effect on the poor productivity of state government and declining morale among many state workers due to it. Petitioner strongly believes that the recent scandals that appear in the daily newspapers on a regular occurrence are due to Respondent neglect of his constitutional duties and the of?ce of Governor is not in prOper order. Petitioner is further concerned about the inability of citizens and taxpayers of West Petition for Writ of Mandamus Page 10 of 14 Virginia having access to the Governor of the State of West Virginia due to his habitual absenteeism. Section 16 of Article of the West Virginia Constitution provides as follows: 3-16. Right of public assembly held inviolate. The right of the people to assemble in a peaceable manner, to consult for the common good, to instruct their representatives, or to apply for redress of grievances, shall be held inviolate. Citizens have the right to assemble in a peaceable manner, to consult for the common good, to instruct their representative, or to apply for redress of grievances. In short, the right to speak with elected officials while they are performing their elected governmental functions is a constitutional right. To deny this accessibility hurts citizens and taxpayers? confidence in state government. An example would be the teacher and school service personal 9-day work stoppage earlier this year. Thousands of citizens came to the Capitol to assemble in a peaceable manner, to consult for the common good of their class, request change to their elected representatives and applied for relief over numerous grievances with their livelihoods. They wanted to address Respondent who had made several unpopular policy decisions with and pay increases that triggered the work stoppage. Theses citizens were disappointed daily due to Respondent not appearing at the seat of government on a regular basis during the work stoppage. No citizen, or legislator for that matter, knew the whereabouts of Respondent during that time. Petitioner believes that Respondent?s regular attendance at the seat of government would provide a greater con?dence in state government to the public and show empathy rather than the appearance of indifference or ?no one cares? image presented by Respondent. If Respondent is not present and does not reside at the seat of government then he is violating every West Virginia citizen and taxpayer?s constitutional rights. An individual cannot instruct and apply for a redress of grievances to an empty chair. This is not allowed under the West Virginia Constitution and Petition for Writ of Mandamus Page 1] of 14 every West Virginia citizen and taxpayer?s rights are being violated by Respondent. Petitioner is further concerned about who is providing Respondent with his daily reports of state government since he is not present to witness it ?rst hand and may be'only getting reports from one or two individuals that may have a desire to not keep him properly inform for other reasons. One of the individuals is a controversial adviser with ties to the Oil and Gas Industry, among other industries, that Respondent relies on signi?cantly, and possibly exclusively, to provide him with an update on state govemment.6 There has been a gag order placed on state government, so all information must go through one or two individuals before it reaches Respondent according to news reports. Habitual absenteeism and keeping one?s public records, books and papers pertaining to the reSpective office scattered across several counties in a disorganized manner is fret with problems that should be avoid. The West Virginia Constitution and Code have safeguards built into it to avoid these basic problems in the form of mandatory attendance of officeholders of the executive department when they hold that of?ce. Respondent has not and refuses to address his habitual absenteeism and chaotic book keeping of his records. If a writ of mandamus is issued against Respondent to adjust prOSpectively his conduct to bring it into compliance with the constitutional and statutory standards, then the aforesaid concerns regarding state government will be remedied. For the aforesaid reasons, Petitioner lacks any other adequate remedy. The writ of mandamus should be issued. 6 App: EX 13 Petition for Writ of Mandamus Page 12 of 14 CONCLUSION Petitioner respectfully requests that the Court grant a rule to show cause, enter an expedited brie?ng schedule, and after due consideration, grant Petitioner a writ of mandamus. Petitioner believes that the writ should compel Respondent to meet his nondiscretionary mandatory constitutional duty pursuant to Section 1 of Article VII of the West Virginia Constitution and Code 6-5-4 that he reside at the seat of government during his terms of of?ce, and keep there the public records, books and papers pertaining to his respective of?ce; award court costs and grant such other relief as the Court deems equitable. Given under my hand this 18?h day of September 2018. G. Isaac Sponaugle, Petitioner SPONAUGLE SPONAUGLE ATTORNEYS AT LAW P. 0. BOX 578 FRANKLIN, WEST VIRGINIA 26807 (304) 358-2337 isaac@sponauglelaw.com G. Isaa?? spfniem?g?: 111 State Bar #9720 Petitioner Petition for Writ of Mandamus Page 13 of 14 STATE OF WEST VIRGINIA COUNTY OF PENDLETON, to-wit: G. Isaac Sponaugle, Petitioner named in the foregoing Petition for Writ of Mandamus, being ?rst duly sworn, say that the facts and allegations set forth therein are true and correct, except insofar as they are therein stated to be upon information and belief, and insofar as therein stated to be upon information and belief, they believe them to be true and correct. G. Isaac Eponaugle, Taken, sworn to and subscribed before me, a Notary Public in and for the county and state aforesaid, this the 18lh day of September 2018. My commission expires I INICULCJW l_ at) 214? a II mi in, OFFICIAL SEAL NO TARY PUBLIC NOTARY PUBLIC STATE OF WEST VIRGINIA . I) .2 Miller 1392's Upper South Branch Rd Franklin, WV 26807 My commisslon explres March 1. 20211 CERTIFICATE OF SERVICE I, G. Isaac Sponaugle Petitioner, do certify that a true c0py of the foregoing Petition for Writ ofMandamus was served upon Respondent and the West Virginia Attorney General, as required by Rule 37 of the Revised Rules of Appellate Procedure, by hand delivering true copies to them on this the 181h day of September 2018. Petitioner Petition for Writ of Mandamus Page 14 of 14