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Court sides with West Virginia TV station over records on top official’s firing

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Court sides with West Virginia TV station over records on top official’s firing


CHARLESTON, W.Va. (AP) — A termination letter involving a former top official at the now-defunct agency that ran West Virginia’s foster care and substance use support services is public information, a state appeals court ruled this week, siding with the television station that was denied the letter.

The public interest in the firing of former Department of Health and Human Resources Deputy Secretary Jeremiah Samples — who was the second-highest-ranking official in the state’s largest agency — outweighs concerns about privacy violations, West Virginia Intermediate Court of Appeals Chief Judge Thomas E. Scarr said.

“Public employees have reduced privacy interests in records relating to their performance—especially when the records relate to the conduct of high-ranking officials,” he wrote in a Thursday decision, reversing a Kanawha County Circuit Court decision from last year.

The appeals court judges demanded that the lower court direct the department to release the letter penned by former health and human resources Secretary Bill Crouch to Huntington-based television station WSAZ.

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Crouch fired Samples in April 2022 while the department’s operations were under intense scrutiny. Lawmakers last year voted to disassemble the Health and Human Resources Department and split it into three separate agencies after repeated concerns about a lack of transparency involving abuse and neglect cases. Crouch later retired in December 2022.

After he was fired, Samples released a statement claiming the agency had struggled to “make, and even lost, progress in many critical areas.”

Specifically, he noted that child welfare, substance use disorder, protection of the vulnerable, management of state health facilities and other department responsibilities “have simply not met anyone’s expectation, especially my own.” He also alluded to differences with Secretary Crouch regarding these problems.

WSAZ submitted a public records request seeking information regarding the resignation or termination of Samples, as well as email correspondence between Samples and Crouch.

The request was denied, and the station took the state to court.

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State lawyers argued releasing the letter constituted an invasion of privacy and that it was protected from public disclosure under an exemption to the state open records law.

The circuit court sided with the state regarding the termination letter, but ruled that the department provide WSAZ with other requested emails and records. While fulfilling that demand, the department inadvertently included an unredacted copy of an unsigned draft of the termination letter.

In this draft letter, Secretary Crouch sharply criticized Samples’ performance and said his failure to communicate with Crouch “is misconduct and insubordination which prevents, or at the very least, delays the Department in fulfilling its mission.”

He accuses Samples of actively opposing Crouch’s policy decisions and of trying to “circumvent those policy decisions by pushing” his own “agenda,” allegedly causing departmental “confusion” and resulting in “a slowdown in getting things accomplished” in the department.

The agency tried to prevent WSAZ from publishing the draft letter, but in August 2023, the court ruled it was WSAZ’s First Amendment right to publish it once it was sent to the station. Samples told WSAZ at the time that he supports transparency, but that the draft letter contains “many falsehoods” about him and his work.

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In this week’s opinion, the appeals court judges said the fact that the draft letter was released only heightened the station’s argument for the final letter.

The purpose of the privacy exemption to the Freedom of Information Act is to protect individuals from “the injury and embarrassment that can result from the unnecessary disclosure of personal information,” Scarr wrote.

“The conduct of public officials while performing their public duties was not the sort of information meant to be protected by FOIA,” he said, adding later: “It makes sense that FOIA should protect an employee’s personal information, but not information related to job function.”



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West Virginia

Jerry West and Us – WV MetroNews

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Jerry West and Us – WV MetroNews


Feb 2, 2019; Morgantown, WV, USA; Former West Virginia Mountaineers player Jerry West is honored at halftime at WVU Coliseum. Mandatory Credit: Ben Queen-USA TODAY Sports

The news last week about the death of Jerry West was a stunner. Jerry West, dead? Of course, West, like the rest of us, faced mortality, but he was not like the rest of us, was he?

Unless we stopped to think about it, it just felt as though West would always be there. He was so etched in the psyche of West Virginians that he was immortalized.

Jerry West. Just saying his name in any sports conversation triggered stories. One old timer remembered seeing West play in the old Field House at WVU. Another remembered watching West’s heroics with the Lakers. Many others said West was their hero growing up.

As West Virginians, we clung to him desperately. Regardless of whatever disparaging remark was made about our state, no matter what struggles we endured, we always had Jerry West. His greatness was undisputed, and we basked in that.

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West fans suffered through WVU’s one-point loss in the national championship game to California in 1959 and the eight Laker losses in the NBA championships during his tenure, but West, by his own admission, internalized the losses as personal failures.

Finally, after the Lakers beat the New York Knicks to win the title in 1972, West said, “This is one summer I’m really going to enjoy.” However, that joy was short-lived since the Lakers lost the title game the following season to the Knicks.

Yet, through it all West was consistently recognized as one of the greatest players in league history. He is the only player on a losing team to be named MVP of the NBA finals (1969 loss to the Celtics). Perhaps that, more than anything, is indicative of his NBA career.

He is also regarded as one of the greatest sports general managers. He assembled the talent for the Laker dynasty in the 1980s and was responsible for the famous deal that brought free agent Shaquille O’Neal to Lakers, while drafting Kobe Bryant out of high school.

West was not a warm and fuzzy hero to us. As the New York Times wrote in West’s obituary, “Both [Roland] Lazenby’s biography and West’s own book depict him as a troubled perfectionist and a relentless, pitiless self-examiner—someone who, in West own words, was ‘aloof and inscrutable,’ possessed of ‘a demon-filled mind’ and unable to fully enjoy his many successes.:”

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That was on full display in West’s candid memoir, “West by West: My Charmed, Tormented Life.” He wrote of growing up in West Virginia, “I am the fifth of six children, raised in a home, a series of them actually, that was spotless but where I never learned what love was, and am still not entirely sure I know today.”

We wanted to meet him, talk to him, honor him, but West typically shied away from that.  He wrote, “I have always, all my life, experienced an odd sensation whenever I am singled out. I am embarrassed by the attention, uncomfortable with it.”

We did not know or fully understand this about our hero until that book was published 13 years ago, and we are fortunate that he had the courage to write so honestly about himself.  He gave us the opportunity to see him as more than a sports icon with GOAT statistics, but rather as a complicated, conflicted and tortured human being.

That autobiography was yet another example of West giving everything he had into a project, pushing through the emotional pain threshold to provide a brutally frank accounting of his life. Unfortunately, some will make judgements about West based on the inaccurate portrayal of him as a crazed and ill-tempered executive in the ham-handed HBO series “Winning Time: The Rise of the Lakers Dynasty.” West may have been driven to obsession, but he was not an angry maniac. West was deeply offended by the depiction, and we were too.

I wonder if West was ever able to appreciate what he gave to us? Whether he knew it or not, he carried us with him on those broad, square shoulders throughout his life. We celebrated his successes and suffered along with him at the defeats.

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Of course, he suffered more than all of us put together. That often comes with greatness; the agonizing belief that you are never quite good enough. But we know that Jerry West gave all that he had and more.

Even if he could not fully appreciate all that he accomplished, we as West Virginians did throughout his life, and we still can as part of his legacy.

 





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West Virginia city reminds residents of fireworks restrictions within city limits

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West Virginia city reminds residents of fireworks restrictions within city limits


WEIRTON, W.Va. (WTRF) — The City of Weirton is reminding residents that fireworks within city limits are restricted as stated in City Code 513.09.

Specifically, any incendiary device that makes an explosive sound, including but not limited to M80, M100, and silver salutes.

The Ordinance establishing fireworks guidelines is below:

Officials say any questions should be directed to the City of Weirton Police Department at 304-797-8500 ext. 1030.

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Cardinals win the West Virginia North-South Football Classic in historic overtime

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Cardinals win the West Virginia North-South Football Classic in historic overtime


Some of West Virginia’s best high school football players met at Black Eagles Stadium to compete in the historic All Star showdown between the North Bears and the South Cardinals.

A defensive first half was followed by a back and forth before the Cardinals held off the Bears at a goal line stand for a 21 – 20 victory in overtime.

The action began with the Cardinals on offense but it wasn’t long before the Bears were back in possession. Dylan Ours of Fairmont Senior made some progress up the field before being knocked out of bounds.

North made it to the red zone but were bested by the Cardinals’ defense after an incomplete pass when the Bears were 4th & Goal.

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The Bears tested the Cardinals’ defense, but the game remained scoreless going into the second quarter.

Midway through the second quarter, University’s Luke Hudson was able to evade two tackles to make a flick to Landon Frey of North Marion for a first down before Malachi Stromile of Weir High School was able to advance the ball past the 30-yard-line with a quick-footed run.

A Cardinals foul moved the Bears closer to the goal line. The penalty set up a scoring play for Ours, putting the Bears on the scoreboard.

After a field goal conversion, South attempted to make it downfield but was beat by the clock as the game went to half time.

At the half, the Bears led the Cardinals with nine first downs to the South’s one, with 78 rushing yards and 41 passing yards. The Bears also led in time of possession and had no penalties.

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The Cardinals were able to tie up the game with a huge 55-yard pass from Mingo Central’s Chris Ross to BJ Williams of Clay County.

The South then took the lead after Matt Frye of Scott unleashed RJ Hairston of Bluefield for a 67-yard touchdown, but The North quickly came back to tie things up with a 50-yard pass from Hudson to Ours.

For only the third time in the classic’s history, the game then went into overtime. The South Cardinals went ahead 21-14 but the South Bears got a touchdown soon after.

The Bears lined up but were unable to convert the two points against the Cardinals defense, securing 21 to 20 victory.

You can catch the full game below.

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