Wagner: Co-op Has Made Several Open Meetings Act Violations

By John Severance

SOCORRO – According to trustee Charlie Wagner, the actions taken at the last three Socorro Electric Cooperative are null and void.
One of the bylaw amendments passed at the annual meeting by members was the Open Meetings Act.
Wagner addressed a letter to Trustee president Paul Bustamante, dated on June 7 and the trustees have 15 days to respond to the claims. They were expected to respond at Wednesday night’s meeting, which occurred after the Mountain Mail went to press.
Wagner also sent copies of his letter to attorney general Gary King, district attorney Clint Wellborn, New Mexico Foundation for Open Government Executive Director Sarah Welsh and co-op general manager Polo Pineda.
Wagner says the co-op board has made numerous OMA violations at the three meetings since April 17.
• April 23, 2010 Violation Part II, 10-15-1 A. C. F. and G. Failure to make allowances for audio and video recording devices, failure to post proper notice, Failure to provide a timely agenda, failure to record minutes accordingly, failure to deliver timely draft minutes, etc, 10-15-3.
• April 28, 2010 Violation Part II, 10-15-1 A. C. F. G. H. and I. Failure to make allowances for video and audio recording devices, failure to post proper notice, failure to provide a timely agenda, failure to record minutes accordingly, failure to deliver timely draft minutes, Failure to state a proper purpose for closing a meeting, Failure to disclose items discussed and limited to a closed portion of a meeting etc, 10-15-3.
• May 26, 2010 Violation Part II, 10-15-1 A. C. F. G. H. and I. Failure to make allowances for video and audio recording devices, failure to post proper notice, failure to provide a timely agenda, failure to record minutes accordingly, failure to deliver timely draft minutes, Failure to state a proper purpose for closing a meeting, Failure to disclose items discussed and limited to a closed portion of a meeting etc, 10-15-3.
“The SEC Board of Trustees, under the provisions of the New Mexico Open Meetings Act (NMOMA), the membership made clear their intention to enhance the principal of democratic control by members,” Wagner wrote. “Just as taxpayers have a right to know as much as possible about the actions and deliberations of their governmental agencies, the member/owners of SEC whose capital is used to achieve at cost electricity have a right to the truth of all information possible.”
SEC attorney Dennis Francish drafted a letter to Trustee president Paul Bustamante and the other trustees last month that he wanted to test three bylaw amendments in court with one of them being the open meetings act. The trustees passed a resolution allowing Francish to go forward with his court filings.

Wagner: Co-op Has Made Several Open Meetings Act Violations