Post by Gray Cope on Dec 28, 2012 22:56:55 GMT -8
Follow this link to read the letter I presented to the OPALCO board.
creativeconnections.com/Letter_To_Board_(Nov_ 2012).pdf
In part it addresses the legal reasons why a super-majority is needed to approve changes to our purposes to allow us to go into consumer broadband and the telecommunications business.
Last July after my editorials in the Journal and SanJuanIslander.com were published OPALCO publicized our Cooperative's legal counsel had determined the expansion into broadband was within our co-op's mission and purposes. Starting in August I have repeatedly requested this legal opinion in some written form so I can discern it without the filter of publicity or a board member's interpretation.
First it was promised to me as a written legal opinion to be available in November, then promised as a possible summary explanation in December, and now an informal response to be provided to me as soon as it is received from our lawyer. Which is pretty much an indication that it will never be presented. Possibly because it never existed as publicized.
I was recently told by a board member that this opinion exists in writing. Now it may be that it is not in a form that can be distributed to members. I just thought it would be something that could easily be made available given there is a fundamental issue at stake. The issue is whether our co-op should have its purposes altered away from providing electricity solely by the board or through the vote of the members.
So this left me to try and understand the legal issues and principles related to our cooperative on my own. That is how I came up with what I wrote in this most recent editorial and in my letter to our board. Originally I thought the board legally could alter our by-laws and make the decision on their own, but out of the principle of the matter should get the approval of at least a simple majority of the owners.
After learning about non-profit electric utility cooperatives and the 7 Rochdale Cooperative Principles we are organized under and reading our by-laws and articles of incorporation I have come to realize there are sound reasons both in principles and law why a super-majority is necessary to expand our purposes into consumer broadband/telecom.
More importantly that exploration has led me to understand and love our little cooperative a whole lot more than I had.
To be clear I do not intend to vilify anyone for those undelivered promises of a legal opinion in writing. I have attended the last 3 board meetings and I have a lot of respect and appreciation for the work our board and professional staff does. I like that our board is looking toward our future and thinking thoughts like eventually becoming a net producer of electricity decades down the road. This is the kind of leadership I like.
I think there are valuable lessons to be learned regarding the way this exploration into a consumer broadband initiative has been executed. Those thoughts will be saved for a later time.
creativeconnections.com/Letter_To_Board_(Nov_ 2012).pdf
In part it addresses the legal reasons why a super-majority is needed to approve changes to our purposes to allow us to go into consumer broadband and the telecommunications business.
Last July after my editorials in the Journal and SanJuanIslander.com were published OPALCO publicized our Cooperative's legal counsel had determined the expansion into broadband was within our co-op's mission and purposes. Starting in August I have repeatedly requested this legal opinion in some written form so I can discern it without the filter of publicity or a board member's interpretation.
First it was promised to me as a written legal opinion to be available in November, then promised as a possible summary explanation in December, and now an informal response to be provided to me as soon as it is received from our lawyer. Which is pretty much an indication that it will never be presented. Possibly because it never existed as publicized.
I was recently told by a board member that this opinion exists in writing. Now it may be that it is not in a form that can be distributed to members. I just thought it would be something that could easily be made available given there is a fundamental issue at stake. The issue is whether our co-op should have its purposes altered away from providing electricity solely by the board or through the vote of the members.
So this left me to try and understand the legal issues and principles related to our cooperative on my own. That is how I came up with what I wrote in this most recent editorial and in my letter to our board. Originally I thought the board legally could alter our by-laws and make the decision on their own, but out of the principle of the matter should get the approval of at least a simple majority of the owners.
After learning about non-profit electric utility cooperatives and the 7 Rochdale Cooperative Principles we are organized under and reading our by-laws and articles of incorporation I have come to realize there are sound reasons both in principles and law why a super-majority is necessary to expand our purposes into consumer broadband/telecom.
More importantly that exploration has led me to understand and love our little cooperative a whole lot more than I had.
To be clear I do not intend to vilify anyone for those undelivered promises of a legal opinion in writing. I have attended the last 3 board meetings and I have a lot of respect and appreciation for the work our board and professional staff does. I like that our board is looking toward our future and thinking thoughts like eventually becoming a net producer of electricity decades down the road. This is the kind of leadership I like.
I think there are valuable lessons to be learned regarding the way this exploration into a consumer broadband initiative has been executed. Those thoughts will be saved for a later time.