SEC trustees address legal matters
The question of how many attorneys are representing the Socorro Electric Cooperative was cleared up during the SEC’s board of trustees meeting on Tuesday, Jan. 12.
Newly elected trustee Donald Wolberg of Socorro’s District 3 asked for clarification on the matter, noting that attorney Dennis Francish was appointed last month before three new trustees took their seats on the board. He also read from the minutes of the Nov. 16 meeting, which state that the board had hired JoAnna Aguilar to handle matters dealing with contracts, employment and regulatory matters, and Paul Kennedy to address issues relating to redistricting, bylaw and policy.
Aguilar had served as the SEC’s primary attorney for several years before she submitted a letter of resignation weeks before the Nov. 16 meeting. Kennedy had been hired on retainer earlier in 2009.
Board President Paul Bustamante told Wolberg that Francish is the co-op’s only attorney.
“We never had two other attorneys,” he said, explaining the action. “It was part of the transition.”
In lieu of the meeting minutes from just two months before, Wolberg asked if there was anything on record that indicated that Aguilar and Kennedy were no longer representing the board.
Bustamante said there wasn’t.
Aguilar was seated in the audience during the meeting. While the board was in executive session, Aguilar told El Defensor Chieftain that she no longer represents SEC.
“I’m here as a member,” she said.
Phone calls to Kennedy’s Albuquerque office were not returned.
Wolberg still had questions regarding the attorney.
“I’m not being critical, but I’m concerned that our attorney represents another co-op. All I’m concerned about is that there’s the potential for a conflict of interest,” he said.
Wolberg said he’d like to get a legal opinion on the matter from an independent source — perhaps someone with the State Bar.
Francish said it’s true that he also represents another co-op in the state, but “there are ways to handle that,” he said of a potential conflict of interest.
Francish added that he had represented co-ops for a long time, including serving as the SEC’s attorney from 2002-2005, and had never encountered a situation where there was a conflict of interest.
Wolberg responded that he would still like to get a legal opinion.
Trustee Charlie Wagner agreed with Wolberg and had his own concern about Francish’s contract.
“We need a clear separation,” he said. “Mr. Francish’s agreement indicates he’s exclusive for a two-year period, and it’s up to him to hire help.”
Wagner added that the contract the board accepted last month was one that Francish wrote himself.
Lost in the clamor over who, and how many, attorneys represent the SEC, it was revealed that the co-op does have another set of attorneys at its disposal, although they have nothing to do with the day-to-day business of SEC.
In response to another question from Wolberg about expenditures, General Manager Polo Pineda said the law firm Lukas, Nace, Gutierrez & Sachs, which is based in McLean, Va., has expertise in the area of telecommunications.
Pineda said the SEC owns some frequencies that are no longer being used, but are worth about $1 million. He said the SEC could use the frequencies as a revenue source by leasing them.
Contact T.S. Last