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June
Grand jury indicts former Pedernales General Manager, longtime lawyer

Filed under Finances + Investigation + Lawsuit

See the articles in the Austin American Statesman:

Grand jury indicts former Pedernales leader, longtime lawyer June 18

Many enablers led to indictments in scandal June 20

Indictments say pair directed co-op money to relatives of PEC executives June 20

 ::  Share or discuss  ::  2009-06-21  ::  admin

June
Clement, Landaker, & Cox win Board election

Filed under Board + Elections

In District 1, Cristi Clement won with 7,713 votes, defeating Mark A. Mayfield with 7,605 votes, Sandra P. “Sandy” Jenkins with 4,258 votes and Bill Wilcox with 2,812 votes.

In District 6, Larry Landaker won with 5,152 votes, defeating David Bethancourt with 4,488 votes, Linda Kaye Rogers with 4,285 votes, Daryl Losaw with 3,385 votes, Theresa Rourke with 2,343 votes and Robbi Boone with 2,271 votes.

District 7 incumbent Patrick Cox ran unopposed.

 ::  Share or discuss  ::  2009-06-21  ::  admin

June
Indictments issued in Pedernales Electric grand jury probe

Filed under Investigation

Original Austin American Statesman article

By Claudia Grisales | Wednesday, June 17, 2009, 04:28 PM
UPDATE:
The indictments are against Bennie Fuelberg, Pedernales’ former general manager, and Walter Demond, who works for PEC’s former longtime law firm, their lawyers confirmed.
“Bennie Fuelberg put his heart and soul into PEC for 30 years. He never stole one penny,” said Chris Gunter, Fuelberg’s lawyer.
Gerry Morris, who represents Demond, said there is “no question that they will be here to answer the charges.”
Both lawyers were at the Blanco County Courthouse this afternoon when the indictments were issued.
A Blanco County grand jury today indicted two people on felony charges related to the months-long investigation of past wrongdoing at the Pedernales Electric Cooperative. The Texas Attorney General’s Office said no names would be released until the two people were arrested.
Here’s the Attorney General’s statement: “The Blanco County grand jury has indicted two defendants on felony charges. These are the result of the Office of Attorney General investigation and the unlawful conduct at the Pedernales Electric Cooperative. “The grand jury charged two defendants with three felony charges. Both of them have identical charges.” The charges included misapplication of fiduciary duty in excess of $200,000; theft of property in excess of $200,000 and money laundering between $100,000 and $200,000. The first two charges are first-degree felonies, the statement said. The other is a second-degree felony.

1 comment  ::  Share or discuss  ::  2009-06-18  ::  admin

May
Ballots are arriving…

Filed under Elections

Ballots for the Board of Director elections have started arriving in mailboxes around the PEC service area.

Read the candidates’ bios in the mailer or on the PEC.coop website. Read their answers to the PEC4u.org Steering Committee’s 9 questions, and the Steering Committee’s endorsements. Ask your own questions of them directly or in our Candidates Forum. Inform yourselves, then make your own choices.

But don’t forget to VOTE!

Mail and online voting end June 12.  You can also vote in person at the Annual Meeting, June 20, 2 pm in Johnson city.

 ::  Share or discuss  ::  2009-05-11  ::  admin

May
Candidate Response: Patrick Cox

Filed under Board + Elections

Why do you wish to serve as a Director of PEC?

Since becoming a board member in July 2008, to fill the unexpired District 7 term, we have achieved meaningful improvements in a short time. The reforms achieved by the PEC are ones that I advocated in my 2008 campaign:

• Reformed the election process by instituting one member-one vote rules, requiring directors to reside within the district represented, balancing membership in director precincts, and eliminating the district advisory director position;

• Ratified new ethical standards, including policies addressing conflicts of interest for directors and key employees, along with whistleblower protections;

• Implemented a landmark open meetings/open records policy that provides access to PEC’s decision-making process, including posting of board meeting materials and video recordings of each meeting on PEC’s web site;

• Reduced the Board’s compensation package by an estimated 40 percent and implemented a sound reimbursable expense policy;

• Approved a long-term wholesale power agreement with the Lower Colorado River Authority that promotes transparency and the sharing of information on costs and rates; and

• Adopted goals that promote energy conservation and the increased use of renewable resources.

Please explain what you see as the proper role of a Director of PEC.

The December 2008 Navigant stated, “The lack of controls and effective Board oversight allowed PEC’s former Senior Management to enter into questionable transactions, receive significant compensation, and operate the Cooperative inefficiently, as well as on a basis contrary to the best interests of the Cooperative’s members.”
The bottom line - the board of directors, whether by intent or neglect, failed in their duties and responsibilities. This has cost the PEC millions of dollars and an immeasurable loss in the confidence of our members. Now, the task of the board of directors is to institute policies, provide direction to management, continue reforms and change in order to restore the viability of the organization and reestablish the trust of the members.

What do you see as the one or two greatest challenges facing PEC in the next year?

Restoring the integrity and viability of the PEC through a revision of the bylaws and adoption of financial reforms and a budget process consistent with best management standards and practices.

There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

As a member of the board of directors, I voted to support the Rose/Fraser bills and continue to support the goals in this legislation.

Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

Yes. I have stated this in public positions, in my announcement for reelection and will work for a revision of PEC bylaws with the new board of directors. I also worked to pass and adopt the open meetings, open records and other policies intended to restore trust and transparency in the PEC.

What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?

I have been an advocate of renewable energy initiatives and conservation since the 1990’s. I worked to advance the policy initiatives that established the conservation and renewable goals for the PEC that the board adopted in 2008. The Texas Renewable Energy Industries Association (TREIA) presented me an individual award in November 2008 for efforts involved in renewable energy and also recognized PEC for the adoption of our renewables policy.

Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

The actions of the previous board and management left us with many financial issues that still need to be addressed. Specifically, we should insure that we:

• Develop an Equity Management Plan that will balance the PEC equity and debt;

• Provide a Capital Expenditure Plan to assure the member’s money is spent wisely;

• Bring resolution to the Texland Electric Cooperative, Envision and
other third party transactions that resulted in millions of dollars of
costs to PEC and develop new strategic policies for any outside
agreements;

• Assure that PEC management adopts an appropriate budget process with clear accountability to the Board and members for any variances from that budget;

• Provide accurate financial reporting to the IRS and PEC members and secure new audit services; and

Should PEC adopt term limits for Directors?

Yes, but only after review and input from the members through a public hearing and publication on the PEC web site.

Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.

When the PEC formed in 1938, it endowed in its membership the power to effect change through the electoral process. For the past thirty years, I have been an advocate for responsible leadership and management at the PEC. For many years the election process perpetuated board directors, reinforced existing management, and prevented meaningful member participation. Changes to the electoral processes have once again provided members with an opportunity to participate in their cooperative.

Proving that the cooperative business model remains relevant and viable, our members cast their ballots for change in 2008 — a change in leadership, standards, and practices. We have begun in earnest to address that call for a newer and stronger PEC, and I look forward to working in that endeavor in the coming term.

Patrick Cox, Ph.D
512-217-2279

Please take all discussions to the Candidate Forum.

Comments Off  ::  Share or discuss  ::  2009-05-04  :: 

May
Candidate Response: Mark Mayfield

Filed under Board + Elections

Why do you wish to serve as a Director of PEC?

It would be my hope to restore the trust of the membership with its Cooperative leadership, and to continue to build upon the excellent utility service that has been provided over the years by the PEC.
Please explain what you see as the proper role of a Director of PEC.

Having served on several national, state and local Boards and public bodies, the role of a Director is primarily three things: 1) The creation of its public policy; 2) Public accountability and transparency within the implementation of that policy; and 3) Fudiciary responsibility unto its membership.

What do you see as the one or two greatest challenges facing PEC in the next year?

1) Restoring the public trust which will allow PEC to move forward and build upon its successes; 2) The creation and implementation of renewable energy policies as we face ever rising energy costs and climate change.
There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

Having read both bills, I would support HB3820. I completely support the public accountability provisions within both bills however I would be opposed to the regulatory oversight of the PUC and favor the consumer protection of the Attorney General. Having worked in a regulatory climate throughout my professional career, I understand the implementation and costs related to such regulation and approval processes. This cost ultimately is passed down to the membership, and in my opinion is generally unnecessary. I believe with real membership protection and participation, and a public accountability within the Co-op’s leadership, the people will govern effectively and efficiently.


Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

I do, and I would support this, because it goes to the heart of what a Cooperative is; open governance and service to a membership body. I do not support the concept of the creation of public policy that will affect the masses being created and implemented by a chosen few when the masses have not been called upon, heard and given due consideration. Just because you are a Board member doesn’t always equate to being right.
What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?

I believe PEC should be a leader in the research and creation of alternative energy sources, and I would support the funding for such.

Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

At this point, I believe the financial condition is adequate. However, as we have learned, the recent reduction of the bond rating presents some serious caution in moving forward. The Board recently approved a new audit firm which I support. Further, internal auditing practices and effective internal controls could assure financial viability and provide general public and member confidence.
Should PEC adopt term limits for Directors?

Only upon vote by the general membership; again at the very heart of Cooperative purpose and government.
Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.

Sure I do. Cooperatives should be about providing a utility service to its membership in the most effective and efficient manner possible. PEC has a proven record of this very activity. The lack of public accountability which has been its former model does not negate the fact that the membership has been provided with an excellent public utility at a fair price.

Mark Mayfield <mmayfield@txhf.org>

512.755.3024

Please take all discussions to the Candidate Forum.

Comments Off  ::  Share or discuss  ::  2009-05-04  :: 

May
Candidate Response: Cristi Clement

Filed under Board + Elections

Why do you wish to serve as a Director of PEC?

I want to help keep the reform momentum moving in the right direction. I know it will be challenging, but I have the tenacity to stick with it until the co-op is stabilized, on healthy financial ground, and more responsive to member/owners. I believe I can contribute constructive skills and will work with all board members for the common good of PEC.

Please explain what you see as the proper role of a Director of PEC.

I see a Director’s role as that of a guardian of member/owner interests and a contributor to the board to help establish policy and guidance for co-op management to implement and follow. I believe a Director fairly assesses General Manager performance, ensures good oversight of the financial health of co-op and may advise the General Manager on non-delegated authority areas in concert with the board. A Director maintains open lines of communication with members and is their voice on the board.

What do you see as the one or two greatest challenges facing PEC in the next year?

The number one challenge we face is to get an accurate assessment of the true financial position of the co-op and get expenses under control. Another area would be to asses how much “mission drift” we have and what areas may need to be assessed for consolidation, elimination or other efficiencies.

There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

I would have supported the Rose/Fraser bill although there are some requirements that I would like to see amended or given further consideration, such as the size standard. I would suggest dropping the size down to around 100,000 to ensure PEC would be included.The bill actually codifies the reforms to date at PEC and gives member/owners the best protections from backsliding by future boards. We now have a very hostile TX Senator/PEC member in our midst due to PEC management position on the bill. I have actively encouraged supporters to support the Fraser bill, and now the Rose companion bill.

Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

I am embracing the concept of Members’ Bill of Rights and think the idea can be developed to seek member participation and define the core elements for protection. I think it is a practical process to encourage member participation again and a great way to re-build the trust that has been trampled.

What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?

I believe PEC can and should be a promoter and perhaps partner along with LCRA to facilitate and provide incentive programs that encourage use of distributed generation systems. We have the goals, now we need the inertia to move toward them. It’s a step in the right direction.

Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

It appears to me that we may still not know our final true financial position, so I would select a cautious category of TBD - to be determined. Once our new auditors are on board and start digging into things, perhaps they can come up with a preliminary assessment that could be more encouraging. I am concerned with other unknowns that are NOT evidenced in our normal accounting channels. Senator Fraser speaks of possibly $50 million that may have been misused. I am interested in the facts of that view. Also I see little evidence of internal initiatives to address major cost cutting.

Should PEC adopt term limits for Directors?

Yes, I would suggest no longer than 3 terms.

Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.

The co-op model from the 1930’s still makes lots of sense to me. Just like in the REA days, we have sparsely populated service areas where our members need electricity. Private or public for-profit entities would not view those customers as attractive economically. We do have some mixed areas of urban/rural, but the co-op model still serves the common needs of all members. Margins, if any, always go back to the members so the co-op is better suited for our needs as opposed to a stockholder owned entity. We as a co-op, avoid the extra pressure to drive up the bottom line for higher profits for stockholders.

Please take all discussions to the Candidate Forum.

Comments Off  ::  Share or discuss  ::  2009-05-04  :: 

May
Candidate Response: Robbi Boone

Filed under Board + Elections

Why do you wish to serve as a Director of PEC?

When asked to run for the PEC Board, I accepted knowing my extensive experience with boards, ability to interpret and re-write by-laws, develop policy and my past uncovering of wrong doing (much like here at PEC) will be useful skills on our PEC Board. I offer the PEC membership a strong advocate for members needs – not big business.
I also want to be certain that those of us with limited resources have a voice in our electric cooperative. I will stand up for members needs, requests and concerns by bringing member concerns to the board, making open meeting and open records of paramount importance, creating easier and faster ways of accessing PEC information and acting as an advocate for lower rates, modern technology and economical policies.

Please explain what you see as the proper role of a Director of PEC.

The proper role of a PEC Director is to knowledgably work with other Directors and the PEC Management in a spirit of cooperative collaboration. Right now the most pressing concerns include developing new policies and expanding those just begun in order to put PEC back into a position of fiscal strength. It is also up to the board to revise our corporate by-laws. This is important as our by-laws currently allow for the board of directors to alter this document without the voice of the membership. This must be changed so that 7 people alone cannot control the way PEC operates.
While I envision this as cooperative, Board Directors are not to be a rubber stamp for management interests, but are elected to question, discuss and set policy for all PEC action in concert with management. The proper role is to work together as partners to achieve the best long term results with the least costs. I have done this successfully on numerous boards over many years of civic service.

What do you see as the one or two greatest challenges facing PEC in the next year?

The greatest challenges facing the new PEC Board are to actively prioritize and implement the findings of the Navigant Report. Thanks to the interest and hard work of concerned PEC members, positive change has begun. The coming year requires dedication and effort to implement and expand this change.
Using the Navigant Report we must set policy so that all aspects of PEC are handled professionally and according to standard accounting practices. We must be certain that PEC is totally transparent with its members; meeting must be listed on the website home page, records must be open and accessible, meeting minutes must be promptly available and PEC must actively solicit member input.

There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

Sitting at the April 6th Special PEC Board Meeting, I was very surprised that the board turned down the bill crafted by Fraser/Rose by a 6 to 1 vote. As our best advocates in the Texas House of Representatives and Senate, Fraser/Rose have been closely working with PEC to assure its future. We must elect forward thinking board directors so that PEC and other cooperatives will be protected legally. I believe the Fraser/Rose Bill (HB1390 and SB 921) best articulates requirements necessary for an electric utility as large as PEC and is the bill that requires open meetings.
The Swinford Bill, accepted by the current Board of Directors, is much weaker and does not require PEC to be inclusive of members. For example, with this bill, members will only be able to attend the portions of meetings designed for public comment. I believe our members should be allowed and encouraged to attend all PEC Board of Director meetings in their entirety with the exception of matters demanding confidentiality as outlined in the by-laws.

Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

The Member Bill of Rights is crucial for PEC members. I believe that the PEC membership – the true owners of our cooperative - must be encouraged to be actively involved in decision making. We must further open meetings, records and revise the new election system. We can become more responsive to members by creating policy permitting the direct election of directors by the people of their home district (to insure there is representation on the PEC Board that is elected by the members of the district), by setting term limits (I suggest three terms as an appropriate number for the board to discuss) and further developing the website for ease of member use (meetings posted on the home page, as an example).
I believe that any changes involving our by-laws and major policies must be voted on by the membership – not just the PEC Board of directors. Members are the real owners of PEC. It is not appropriate for an elected Board of seven Directors to be able change the entire governing document of the corporation by a 2/3 vote. While the Board of Directors is the appropriate group to initiate bylaw changes, it is the members who must vote on these alterations.

What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?

The PEC Board has the opportunity as the largest electrical cooperative in the nation to provide leadership in both solar and wind energy. I believe the new technologies should be encouraged, adopted as possible and rewarded where utilized. Members who conserve electricity should also be rewarded. Education of our members is also a big part of this effort and must be emphasized.
In the long run, promotion of solar and wind energy will result in savings and beneficial outcomes:

1. Achieving energy independence
2. Developing new industries in Texas
3. Creating a broader job base for Texans
4. Resulting in cleaner air and an increasing respect for the environment.

The technology exists. Now is the time and PEC can be the model to the benefit of our membership.

Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

I agree with the findings and the extensive information provided by Navigant, the consulting company hired to thoroughly review the current status of PEC. The financial position of PEC can be better managed and strengthened. By exercising responsibility, prudent action, closing financial loopholes, developing strict policies and disclosures, we can return PEC to a solid financial footing. Limiting board expenditures and investments in outside companies are two more things we can do to quickly turn PEC around.
PEC has excelled in customer service. We can also excel in financial management. Our new manager is headed in the right direction. The pending adoption of both Inside and Outside Auditors is also a big step in the right direction.

Should PEC adopt term limits for Directors?

Yes, PEC must develop term limits for directors. By carefully staggering terms, we will be assured of both well informed board members and a board that is responsible only to the membership and is not involved for its own personal interests. As mentioned above, I believe that three terms allows for board expertise and prevents entrenchment of the same people for too long a period of time.
At the same time, continuing leadership of PEC can be maintained by consistent management, professional staff and advisory board members who do not vote, but are available to advise the elected board.

Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.

Yes, I believe the cooperative model to be an excellent way to manage and keep costs low. The goal of a company (corporation vs.. cooperative) that is designed for profit is organized for the financial benefit of the company and its stockholders; it is not necessarily structured with the best financial interests of customers (members).
With intelligent and involved management, hired expertise and a capable Board of Directors, PEC can excel in customer service, develop fiscally responsible policies and develop 21st Century clean energies. I believe the Cooperative model is our best hope for low rates and the best service.

Robbi Boone
1610 FM 484, Canyon Lake, Texas 78133
210-240-6565 / clranch@gvtc.com

Please take all discussions to the Candidate Forum.

Comments Off  ::  Share or discuss  ::  2009-05-04  :: 

May
Candidate Response: Larry Landaker

Filed under Board + Elections

Why do you wish to serve as a Director of PEC?
I no longer wish to watch from the sidelines as PEC’s member interests remain jeapordized by a Board seeking to protect the status quo and business as usual in Johnson City. I believe the Cooperative’s business to be the business of its member-owners. The history of the PEC has been a history of secrecy, lack of accountability and expanding board power. That era is over, even though some holdover members do not yet realize it. I wish to bring about true financial accountability. I do not believe the PEC is operating as efficiently as peer cooperatives. I doubt that we are taking full advantage of an economy of scale as America’s largest electrical cooperative. As a former television executive in one of the most competitive industries in the world, I understand the pain involved in managing costs and I understand the proclivity of management to resist lean operations.
Please explain what you see as the proper role of a Director of PEC.
No board member should meddle in the day to day management of the cooperative. If we have hired excellent management, they should be free to operate. The proper role the Board is one of management oversight. I believe a Board’s duty is to listen to management and gain their perspective on all matters. Conversely, as Board members are sensitive and tuned to the political winds of the membership, they must guide and support management. Ultimately, the Board must then articulate clear, measurable, time-bound performance objectives to management that reflect the objectives and needs of the cooperative members. The Board must be prepared to hold management fully accountable. However, the Board must likewise be prepared to reward management for meeting or exceeding key objectives. Management and Board must understand that it is the member-owners who set the agenda for the company, not the other way around. That may be a difficult concept for some to grasp.

What do you see as the one or two greatest challenges facing PEC in the next year?

First, we must gain the upper hand in controlling costs. They are spiraling. Legal and accounting expenses have cost us dearly and there may be more to come. But we cannot keep raising rates. The wolf is at the door. Management and the board face tough decisions on controlling costs, particularly in the area of general and administrative and consumer accounting. Second, the Board must begin sewing the seeds of a new credibility with the membership. This is going to be a difficult task as there exists a near total lack of credibility now. Passage of Board member term limits and passage of a meaningful Members Bill of Rights would be a good start.

There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

I favored the Fraser-Rose bill and would have voted for it. I am for any bill that codifies the open meeting, open records actions the Board has approved, but could take away on a future whim. The Board actions of the past prove the Board cannot be trusted. They wish to be trusted but have shown not a particle of regret about the ethical train wreck over which they presided. I believe the PEC Board made a huge strategic error in going to Austin to publicly oppose Fraser-Rose. I am disappointed that Mr. Garza lent his considerable credibility to this losing proposition. It might have been reasonable to testify “on” the bill but not to oppose it. This was yet another critical decision made by the Board in opposition to our members’ best interests. The Board’s impulsiveness and arrogance may now result in a more onerous bill than even advocates of reform may have intended.

Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

Of course this is a good idea, so long as it is a meaningful Bill of Rights with teeth and can be changed only by a vote of all members, not by a By-Law change adopted by the Board. I will introduce such a resolution if I am elected.

What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?
My impulse is to favor investment in smart-grid technologies to improve service, increase efficiency and provide incentives to customers who use solar and wind. When a revolution is in progress, one can either lead, follow or get out of the way. The largest electrical cooperative in America, in my opinion, should lead.

Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

How about giving it a grade? I would grade it a B- for now. According to the Navigant Report, “while the Cooperative’s operating revenues have increased significantly, certain of its controllable expenses (i.e., Administrative and General Expenses) were increasing by even more.”

Even more compelling is the judgment of Fitch, Inc. who downgraded the Cooperative’s recent bond rating, saying, “The downgrade to A+ reflects ongoing pressures on PEC’s new management team and Board of Directors to implement management reforms and cost controls in response to past management practices and excessive costs.”

All arrows point to the need to control costs. I will come on the board prepared to do that. I am also concerned that we have not implemented a strategic plan…or a capital investment plan.

Should PEC adopt term limits for Directors?
Yes. And how many terms? A good and reasonable balance must be struck. We want seasoned experience with valued institutional memory in Directors. The question of how many terms warrants a healthy debate and some consideration.My mind is open on the matter. But this I do believe. Lord Acton had it right. Power corrupts and absolute power corrupts absolutely.

Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.
.
If we mean that member-owned cooperatives are firmly rooted in the communities they serve and are truly democratically governed businesses, then yes, I believe the cooperative model is viable. When cooperatives become fiefdoms for powerful boards who ignore the will of the members and operate in secrecy, then my answer is no.

It also strikes me that we must consider whether it is in our interest to advocate conservation or consumption. We seem to be trying to have it both ways. Let us look to which way the winds are blowing. Do the winds favor unbridled energy consumption or conservation? Clearly they favor conservation. Should we reward people who conserve energy with a lower rate? Or should the reward go to the heavy consumer? We need to pay attention. We can no longer be one size fits all.

Please take all discussions to the Candidate Forum.

Comments Off  ::  Share or discuss  ::  2009-05-04  :: 

May
PEC4u Steering Committee’s 2009 questions to the Candidates

Filed under Board + Elections

PEC4u’s Steering Committee sent the following questions to each of this year’s candidates.

Using the random order that the candidate’s names will appear on the ballots, here are the responses thus far to our 9 questions of 2009 (click on the names to read the response - if not highlighted, the candidate has not yet responded):

Director, District 1: Mark A. Mayfield, Bill Wilcox, Cristi Clement and Sandra P. “Sandy” Jenkins

Director, District 6: Theresa Rourke, Larry Landaker, Linda Kaye Rogers, Robbi Boone, David Bethancourt and Daryl Losaw

Director, District 7: Patrick Cox, Ph.D.


1. Why do you wish to serve as a Director of PEC?

2. Please explain what you see as the proper role of a Director of PEC.

3. What do you see as the one or two greatest challenges facing PEC in the next year?

4. There are currently pending two legislative bills in Austin regarding the governance of electric co-ops in Texas. One is known as the Rose/Fraser Bill (HB1390 and SB 921) and the other is the Swinford Bill (HB 3820). The PEC board voted on April 6 to support the Swinford Bill and to oppose the Rose/Fraser Bill. If you had been a Director, how would you have voted and why?

5. Some members have advocated what they call a “Bill of Rights” for PEC members. Basically the idea is to require that certain aspects of governance such as fair elections open to all members, Open Meetings, and Open Records provisions can be changed only by a vote of the members, not by a By-law change adopted by the board of directors. Do you view this as a good idea? Please explain briefly.

6. What role, if any, do you feel PEC should play in promotion of so-called “distributed generation” of electricity by members (solar panels, wind etc.)?

7. Based on the information available to you as a PEC member and candidate for Director, how would you rate the financial condition of PEC – strong, adequate, basically sound with a few problems, precarious, or other description. Please feel free to explain briefly.

8. Should PEC adopt term limits for Directors?

9. Do you think the cooperative model for electricity distribution service, first adopted in the 1930s, remains a viable model for the 21st Century? Please explain your views briefly.

Using the random order that the candidate’s names will appear on the ballots, here are the responses thus far to our 9 questions of 2009 (click on the names to read the response):

Director, District 1: Mark A. Mayfield, Bill Wilcox, Cristi Clement and Sandra P. “Sandy” Jenkins

Director, District 6: Theresa Rourke, Larry Landaker, Linda Kaye Rogers, Robbi Boone, David Bethancourt and Daryl Losaw

Director, District 7: Patrick Cox, Ph.D.

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