Archive

Source Documents

WVDP YouTube livestream

Board of Appeals Hearing Recording — Powell v. Hively (February 16, 2024)

Recording of the initial Board of Appeals hearing. Powell presents testimony and documentary evidence. Hively does not appear. Board members ask questions. Board member Klein moves for production of the December 9, 2023 meeting recording, WVYD bank statements from November 2022 to present, and meeting minutes. The board adjourns to February 22.

Obtained
Format
VIDEO
Marion County Circuit Court public docket (WVPASS, Case No. CC-24-2026-C-45)

Circuit Court Filing Challenging Mayoral Eligibility and Residency Under W. Va. Code §§ 8-5-7 and 53-2-1 (Case No. CC-24-2026-C-45)

Formal request for review submitted by C. Renee Courtney and entered on the Marion County Circuit Court docket on August 31, 2026 in Town of Worthington v. Trudy Cain, Janet Lindsey, and Melvin Lindsey (Case No. CC-24-2026-C-45), challenging Melvin Lindsey's constitutional and statutory eligibility under W. Va. Code §§ 8-5-7, 8-5-10, and 53-2-1 to hold or claim the office of Mayor while residing outside Worthington in Monongalia County.

Obtained
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pdf
Exhibit to Powell v. Hively grievance filing

Constitution of the West Virginia Young Democrats (March 25, 2018)

Governing document adopted at the WVYD Annual State Convention in Morgantown. Defines organizational structure, officer positions, election procedures, vacancy provisions, and the composition and authority of the WVYD State Executive Committee (Art. VI). Contains provisions for annual conventions (Art. IV), officer appointments (Art. V, §7), and expenditure approval (Art. VI, §5).

Obtained
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pdf
Published by WVDP in publicly accessible Google Drive folder

Decision of the WVDP Board of Appeals — Powell v. Hively (February 22, 2024)

Eight-page adopted decision of the WVDP Board of Appeals. Contains 14 findings of fact, conclusions of law organized under five sections (A through F), and orders directing turnover of WVYD records, accounts, and funds. Cites the WVYD Constitution, the DNC Charter, DNC Bylaws, Six Basic Elements of an Open Party, and WVDP Bylaws. Hively did not file a response or appear at the hearing.

Obtained
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pdf
Justia

Dye v. County Commission of Marion County — WV Supreme Court (2021)

On October 28, 2021, the West Virginia Supreme Court of Appeals reversed the Marion County Commission's decision to invalidate a previously admitted will and remove its executor. The court found that county officials acted without statutory authority and denied the petitioner notice and an opportunity to be heard. The ruling documents a prior instance in which the same county commission exceeded its legal powers and violated due process. It provides important context for the commission's handling of Worthington's charter-forfeiture petition, although the two proceedings arise under different laws.

Obtained
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pdf
FOIA

Email from Marion County Administrator Kris Cinalli to Acting Mayor Melvin Lindsey — September 1, 2026

Email obtained via West Virginia FOIA showing Marion County Administrator Kris Cinalli privately informing Worthington Acting Mayor Melvin Lindsey that the County Commission had "no timeline for the dissolution hearing," praising the town administration because "you all have things moving in the right direction," and inviting Lindsey to call him to discuss "the best path forward for the town and the utility out there."

Obtained
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pdf
Party records

Formal Grievance Filed with West Virginia Democratic Party Board of Appeals (January 8, 2024)

Formal grievance filed January 8, 2024, with the West Virginia Democratic Party Board of Appeals. Raises concerns regarding the authority and eligibility of the president of the West Virginia Young Democrats. Cites organizational documentation and correspondence as supporting evidence.

Obtained
Format
pdf
Published by WVDP in publicly accessible Google Drive folder

Frankenberry Correspondence with Hively Attorney Godfrey (March 1 and 8, 2024)

Two emails from WVDP Executive Director Ryan Frankenberry responding to a letter from attorney Robin L. Godfrey representing Jacob Hively. March 1: Frankenberry requests documentation of Hively's purported resignation. March 8: Frankenberry states Hively's resignation email was sent only to Chase Jarrell after the February 16 hearing had begun, references communications with Jarrell regarding account balances, and sets a March 15 deadline for compliance with the BOA order.

Obtained
Format
pdf
Published by WVDP in publicly accessible Google Drive folder

Frankenberry-Hively Email Chain re: VAN Access and Document Requests (November 7-21, 2023)

Email chain between WVDP Executive Director Ryan Frankenberry and Jacob Hively. November 7: Frankenberry requests WVYD charter, convention minutes, YDA correspondence, and officer list. Hively responds he will compile the information. November 9: Frankenberry follows up. November 21: Frankenberry requests a meeting at WVDP HQ on December 1 with WVDP legal counsel Marc Williams present. Hively declines the meeting and states the WVYD will seek legal counsel.

Obtained
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pdf
Seth Sturm

Freedom of Information Act Request to the Town of Worthington — October 16, 2026

Formal public records request submitted October 16, 2026 to the Town of Worthington seeking records identifying attendees and invitations for the October 6 closed-door Town Hall dinner, records of any telephone poll or council vote to hire the water operator along with his employment contract, and communications between town officials and the Marion County Commission, the Public Service Commission, reporter Esteban Fernandez, and Andrea Zaleski. The town failed to respond within the five-working-day statutory deadline under W. Va. Code § 29B-1-3(c).

Obtained
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pdf
Party records

Google Drive API Metadata & Cryptographic Verification

Cryptographically verified digital metadata extracted directly from the Google Drive servers via the official API. This extraction establishes an immutable chain of custody, confirming the exact server-side upload timestamp (2024-01-08T01:02:54.000Z), the user account associated with the action (selina.vickers.wv), and includes a verified MD5 checksum matching the attached source document.

Obtained
Format
pdf
WVFOIA request filed February 20, 2026

Kanawha County Prosecutor FOIA Correspondence — Sturm Requests re: Hively Case (March 10-18, 2026)

WVFOIA email chain between Seth Sturm, FOIA officer Julie Chestnut, and Prosecuting Attorney Debra Rusnak. Sturm requests communications arranging the June 4, 2024, meeting, materials provided by complainants, and intake and disposition records from August 13, 2024, through February 25, 2026. Chestnut responds that the office has no responsive records for three of the five categories. Rusnak responds that members of her office "likely reviewed" records presented at the meeting, but that no one collected them. Produces the Pile-to-Rusnak email and declination email.

Obtained
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pdf
FOIA request to Kanawha County Sheriff's Office, filed February 20, 2026

KCSO Case No. 2024-00017430 — Hively Investigation and Declination

Kanawha County Sheriff's Office case report. Complainants: Ryan Frankenberry and Mike Pushkin. Suspect: Jacob Hively. Offense: sub-$1,000 fraudulent schemes (W.Va. Code §61-3-24(D)), six counts. Contains Detective A.C. Pile's supplemental narratives documenting a June 4, 2024 meeting with Kanawha County prosecutors, interviews with Hively (June 21), Lora Walker (June 24), and Chase Jarrell (June 27), and property records for six checks totaling $948.61. Includes Prosecuting Attorney Debra Rusnak's declination email dated February 25, 2026.

Obtained
Format
pdf
Marion County Circuit Court public docket (WVPASS, Case No. CC-24-2026-C-45)

Marion County Circuit Court Order Following Status Hearing on Petition for Writ of Mandamus — October 9, 2026 (Case No. CC-24-2026-C-45)

Order entered October 9, 2026 by Circuit Judge Patrick N. Wilson in Town of Worthington v. Trudy Cain, Janet Lindsey, and Melvin Lindsey (Case No. CC-24-2026-C-45). Finds that because two individuals agreed to council appointments and Melvin and Janet Lindsey decided to remain in office—with Melvin Lindsey acting as Mayor—the Town could hold meetings with a quorum and the mandamus petition appeared moot, ordering the Town to submit a dismissal order within 10 days without addressing the Lindseys' Morgantown residency.

Obtained
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pdf
Marion County Commission Facebook

Marion County Commission Agenda Recording $4,620.17 Paid on Behalf of the Town of Worthington

Marion County Commission meeting agenda Item 13 ("For the record, invoices paid on behalf of the Town of Worthington ($4,620.17)"), documenting the County Commission paying municipal expenses for the Town of Worthington while refusing to schedule a hearing on the pending charter-forfeiture petition.

Obtained
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image
Marion County Commission website

Marion County Commission Official Minutes — August 12, 2026

Approved minutes of the August 12, 2026 Marion County Commission meeting. Records (1) Thrasher engineer Kevin Watkins testifying that post-pandemic federal infrastructure funds have expired and grants are increasingly difficult to secure, with Commission President Linda Longstreth stating "All these small towns are having problems"; (2) Administrator Kris Cinalli announcing "no action" on the Worthington dissolution petition; and (3) Page 32, where County Attorney Charles Shields and Commissioner Ernie VanGilder declare commissioners are neutral judges who cannot advise Andrea Zaleski or take sides—followed seconds later by Cinalli offering to help Zaleski via email and Commissioner Bobby DeVaul instructing her to copy Shields.

Obtained
Format
pdf
FOIA

Marion County FOIA Response Withholding Worthington Records — September 18–21, 2026

Correspondence containing Assistant Prosecuting Attorney Charles A. Shields' September 18, 2026 FOIA response on behalf of the Marion County Commission and the September 21, 2026 statutory deficiency notice. Shows Shields withholding communications involving Andrea Zaleski and the Public Service Commission by asserting they do not meet the statutory definition of public records concerning "the conduct of the public's business."

Obtained
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pdf
Seth Sturm

Notice of Points of Order and Non-Waiver for June 6 WVSDEC Meeting

Formal notice from Seth Sturm, SDEC Member-Elect for the 2nd Senatorial District, identifying Points of Order to be raised during credentialing and seating at the June 6 WVSDEC meeting. The memorandum objects to seating the WVYD ex-officio representative and AAC-nominated delegates, preserves non-waiver, and states the basis for appeal if the objections are overruled.

Obtained
Format
pdf
Public filing submitted to the Marion County Clerk / Provided by Petitioner

Petition for Charter Forfeiture and Dissolution of the Town of Worthington

Verified petition filed August 5, 2026 with the Marion County Commission under W. Va. Code § 8-35-1 seeking charter forfeiture and dissolution of the Town of Worthington. Includes Exhibit A, the official June 10, 2025 Certificate of Result certifying that only eight legal votes were cast in the municipal election—below the 20-vote statutory threshold requiring forfeiture.

Obtained
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pdf
WVPSC Web Docket (Case No. 26-0715-S-P)

Petition to Determine the Town of Worthington Sewer Utility is Distressed (WVPSC Case No. 26-0715-S-P)

Petition filed August 5, 2026 with the Public Service Commission of West Virginia under W. Va. Code § 24-2H-6. Includes Exhibits A through C: Worthington's Plan of Corrective Action (documenting seven prior plan submissions, a drafted 20 percent sewer-rate increase, and the admission that initial financial resources were exhausted) and the April 24, 2026 WVDEP inspection report finding 10 effluent exceedances in a single month.

Obtained
Format
pdf
WVPSC Web Docket (Case No. 26-0715-S-P) / Provided by Petitioner

Petitioner's Objection to Staff Recomme

Petitioner Deborah Heflin's September 16, 2026 formal objection to the Public Service Commission Staff's initial recommendation to dismiss the Worthington distressed-utility proceeding without a hearing. Challenges Technical Analyst Lisa Bailey's omission of the town's admission that initial resources were exhausted, exposes the absence of any Utilities Division financial review in the docket, and objects to Staff's reliance on unverified telephone assurances from Interim Mayor Melvin Lindsey.

Obtained
Format
pdf
WVPSC Web Docket (Case No. 26-0715-S-P) / Provided by Petitioner

Petitioner's Response to Further Joint Staff Memorandum — September 25, 2026 (WVPSC Case No. 26-0715-S-P)

Petitioner Deborah Heflin's September 25, 2026 reply to PSC Staff Attorney Brendan Doneghy's Further Joint Staff Memorandum. Demonstrates under West Virginia Supreme Court precedent that an administrative DEP corrective plan and procedural Sewer Rule 10.3.1 cannot override the mandatory statutory hearings commanded by W. Va. Code § 24-2H-6(b), notes that "a disgruntled customer does not ask a state agency to come to her town and hear every customer, in public, on the record," and cites the Commission's full evidentiary hearings for a 27-customer subdivision in Hubbard Heights (Huntington Sanitary Bd. v. PSC, 2025).

Obtained
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pdf
Party records

Powell-Frankenberry Email re: WVYD Status (January 5-6, 2024)

Two-message email chain. January 5: Jarryd Powell emails Pushkin and Frankenberry asking about the WVYD's convention history, charter status, current officers, and whether the State Executive Committee has approved officer appointments or convention dates. January 6: Frankenberry responds with answers to each question, states the WVSDEC has not received any requests for approval, and includes a link to a Google Drive folder containing 13 supporting files.

Obtained
Format
pdf
Provided by Source

Town of Worthington Utility Bill Notice Confirming October 7 Water Operator Hire

Customer notice printed on Town of Worthington utility bills stating that after operating without a licensed water operator since May 30, 2026, "On October 7, 2026, a new Water Operator was hired" and pulled water samples that same day—directly contradicting the October 8 Times West Virginian report that no decisions were made at the October 6 Town Hall dinner and that hiring the operator still required council approval.

Obtained
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image
West Virginia Department of Environmental Protection

WVDEP Administrative Consent Order No. 10174 — Town of Worthington

Enforcement order issued by the West Virginia Department of Environmental Protection documenting 58 permit exceedances, fecal coliform discharges nearly 12,000 percent over legal limits, and a collection drum with holes drilled in it to drain wastewater directly onto the ground. Documents a base penalty of $77,200 reduced by 70.8 percent after state regulators reviewed Worthington's finances and determined the town lacked the ability to pay.

Obtained
Format
pdf
WVPSC Web Docket (Case No. 26-0715-S-P)

WVPSC Further Joint Staff Memorandum — September 23, 2026 (Case No. 26-0715-S-P)

PSC Staff Attorney Brendan Doneghy's September 23, 2026 memorandum moving to dismiss the Worthington distressed-utility petition without public hearings, calling further proceedings "a redundant waste of resources," characterizing Petitioner Deborah Heflin as "one disgruntled customer," and writing that "Worthington's system didn't change in five days; Ms. Heflin's office did."

Obtained
Format
pdf
WVPSC Web Docket (Case No. 26-0715-S-P)

WVPSC Initial and Final Joint Staff Memorandum & Engineering Report — September 9, 2026 (Case No. 26-0715-S-P)

Public Service Commission Staff Attorney Brendan Doneghy's September 9, 2026 Joint Staff Memorandum and Technical Analyst Lisa Bailey's August 26, 2026 Engineering Memorandum recommending dismissal of the Worthington distressed-utility petition without a hearing. Shows Bailey omitting the sentence from Worthington's corrective plan stating initial resources were exhausted, relying on a telephone call with Acting Mayor Melvin Lindsey claiming "no new or unresolved customer complaints," and asserting the Utilities Division found no significant financial problems despite no Utilities Division review appearing in the docket.

Obtained
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pdf
WVSDEC meeting recording downloaded from Facebook

WVSDEC Meeting Recording (September 30, 2023)

Recording of the West Virginia State Democratic Executive Committee meeting held at the Painters Union training facility. Includes roll call, filling of vacancies, audit committee elections, candidate recruitment discussion, resolutions, and chair's report. Jacob Hively answers roll call, raises a procedural question regarding proxy voting, and runs for the audit committee. Chair Pushkin addresses Hively on the record following the audit committee vote.

Obtained
Format
VIDEO
Public reporting archive and state filing comparison exhibit

WVYD Contact Channel Comparison

A side-by-side comparison showing that public-facing WVYD contact information differed from the official state filing, which continued routing correspondence through party-controlled infrastructure.

Obtained
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image
West Virginia Secretary of State records

WVYD F-4 Statement of Organization — Hively/Jarrell (August 2023)

Amended F-4 filed with the WV Secretary of State. Committee Name: West Virginia Young Democrats. Chairperson: Jacob Hively. Treasurer: Chase Jarrell. Type: Unaffiliated PAC. Contact information lists personal addresses, phone numbers, and email addresses for both officers.

Obtained
Format
pdf
West Virginia Secretary of State records

WVYD F-4 Statement of Organization — Pushkin/Frankenberry (January 23, 2025)

Handwritten amended F-4 filed with the WV Secretary of State. Committee Name: West Virginia Young Democrats. Chairperson: Mike Pushkin. Treasurer: Ryan Frankenberry. Type: Unaffiliated PAC. Contact information lists the WVDP mailing address, phone number, and email (finance@wvdemocrats.com). SOS scan metadata records receipt on January 23, 2025. Handwritten signature date lines read 2-23-25.

Obtained
Format
pdf
West Virginia Secretary of State public filing

WVYD January 2025 Amended F-4

An amended WV Secretary of State F-4 filing naming Mike Pushkin as chairperson of the West Virginia Young Democrats and routing official contact details to state-party channels.

Obtained
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image
West Virginia Secretary of State public filing

WVYD January 2026 Amended F-4

A January 2026 WV Secretary of State F-4 filing showing the WVYD's official mailing address, phone number, and email remained tied to West Virginia Democratic Party infrastructure.

Obtained
Format
pdf
Published by WVDP in publicly accessible Google Drive folder

YDA President Email re: WVYD Charter Status (September 29, 2023)

Email from Young Democrats of America President Quentin Wathum-Ocama to YDA staff. CC: Ryan Frankenberry. States that West Virginia is not currently chartered with YDA, that the last charter was completed in 2021 and expired in July 2023, and that the last president on file was Lora Walker.

Obtained
Format
pdf