Francis M. Curnutte, III, Attorney at Law, for claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.


Claimants applied for revenue allocated from the Municipal Policemen's
and Firemen's Pension
and Relief Funds (W.Va. Code §33-3-14d) in April 1986. It is alleged
that the application and
the necessary fire reports were not timely received by the State Fire
Marshal. Claimant was not
certified to the Office of the State Treasurer. The claimant seeks
$4,575.93, the amount of funds
which it would have received had it been properly certified.

Walter Smittle III, the State Fire Marshal, testified that the Van
Volunteer Fire Department
was not certified to receive the funds mandated by W.Va. Code Chapter
33. He stated that the
Van Volunteer Fire Department failed to supply his office with the
necessary information required
by W.Va. Code §8-15-8a. The State Fire Marshal's office sent a duplicate
application to
claimant on June 12, 1986. His office also sent statements indicating
that the fire reports were
missing in October, 1985 and in February, 1986. The reports for August,
1985 and April and
May, 1986 were never received by the State Fire Marshal's office.

Robert J. Jarrell, Assistant Chief of the Van Volunteer Fire
Department, testified that he is
familiar with the day-to-day activities of the claimant. He stated that
he has had problems
mailing documents to the State Fire Marshal's office which the Fire
Marshal's office claims it has
not received. He has personal knowledge concerning the application in
question as he saw the
receipt from the postal system indicating that the application was sent
on April 23, 1986. He
stated that a second application was completed and mailed, but he has no
record of the mailing.
There are no records of the filings of the August, 1985, or April and
May, 1986 fire reports.

James Mark Long, recording secretary for the Van Volunteer Fire
Department, testified that
he fills out the fire reports. He stated that he filled out an
application for 1986 and sent it by mail
to the State Fire Marshal. After notice was received from the Fire
Marshal, he completed a
second application and mailed it. However, he has not record of when he
mailed the second
application. He stated, too, that he completed and sent the fire reports
which respondent alleges
it did not receive. After notice was received, he mailed the fire
reports a second time. Mr. Long
has been recording secretary for six years. This is the first instance,
to his knowledge, since he
has been the recording secretary, that the funds were not received by
the claimant.

It is the opinion of the Court that it cannot, in good conscience, deny
these funds to the
claimant. The claimant has shown that it made a good faith effort to
comply with the regulations
of W.Va. Code §8-15-8a. The Court, therefore, makes an award to the
claimant in the amount
of $4,575.93.

Award of $4,575.93.