Co-op Files Suit Against Its Members

By John Severance

SOCORRO  -- Dennis Francish, the co-op attorney, finally filed suit to test the validity of three by-law amendments that were passed by members at the annual meeting on April 17.
The suit was filed in the 13th Judicial District Court in the County of Valencia on July 6 in a letter received at the Mountain Mail late Wednesday.
The SEC is listed as the plaintiff. And the defendants are Charlene West, members of the Socorro Electric Cooperative, the Mountain Mail and the El Defensor Chieftain.
The civil lawsuit was entered in court by the SEC, whose objective is to obtain the Court’s declaratory judgment and injunctive relief invalidating and voiding certain by-law amendments.
The bylaw amendments required the SEC to:
1. Abide by the New Mexico Inspection of Public Records Act and the New Mexico Open Meetings Act;
2. Permit the press and the members to participate in and be present during regular and special Board of Trustee meetings.
3. Guarantee transparency of actions with open access to SEC books, records, audits to members for a proper non-commercial purpose except those which would violate the Privacy Acts.
Francish had gotten the go-ahead from the Board of Trustees two months ago to submit the paperwork to test the validity of the bylaw amendments in a court of law.
“I think it’s a shame that the co-op board is following this gentleman (Francish) who is quite obviously after nothing but a good paycheck and really cares nothing about anyone involved on either side of this issue,” Mountain Mail publisher Gary Jaramillo said.
When reached Wednesday, West said, “unbelievable”.
“They are out to persecute me. It is a witchhunt and they have made me the witch.”

Co-op Files Suit Against Its Members