Indeed, the SEC attorney has got to go
Socorro Electric Cooperative trustee Charlie Wagner, who went rogue against his fellow trustees in leading a successful movement to reform the Co-op, said it during a chaotic meeting of the board of trustees last week.
Referring to SEC attorney Dennis Francish, Wagner exclaimed, “This guy has got to go!”
We agree.
Francish has stated that as SEC attorney he does not represent the board of trustees, and does not represent the member-owners, but represents the interests of the non-profit public corporation as a whole.
Well, he’s certainly right about one thing. He does not represent the interests of member-owners, who overwhelming approved a bevy of reform-related resolutions at the annual meeting in April.
Nor does he appear to respect them, as he’s said in no uncertain terms that member-owners have “no business” attending board meetings, and those that do are “wannabe” trustees who couldn’t get elected to the board.
And it would appear his loyalties lie with a core majority of the board, who hired him six months ago under suspect circumstances.
Francish was named the new attorney at the trustees’ last meeting of 2009, approved for hire by six members of the current board and three outgoing members, who were the first victims of the reform movement having been ousted during district elections two months earlier.
Rather than wait two weeks and do what would be proper, polite, or at least gentlemanly — allow the three incoming trustees to have a say in who serves in the all-important position of co-op attorney — an indignant core and a vindictive trio of lame ducks stuck the co-op with “this guy.”
Dennis R. Francish is a seasoned attorney, with more than 40 years experience in the trade. He also serves as attorney for Continental Divide Electric Cooperative and is no stranger to the men who hired him, having previously served them during a three-year stint as the SEC’s attorney.
If it walks like a duck and quacks like a duck, chances are it’s a duck. And Francish walks and talks like an attorney who works for the interests of the trustees and against those of the member-owners.
Furthermore, the conflict he’s created is not in the best interest of the co-op, as now it appears the corporation is about to take itself to court.
It was Francish’s idea to do so. Based on his advice, the board voted at last month’s meeting to challenge in court three new bylaws aimed at assuring transparency with regard to how the Co-op goes about its business.
Francish actually gave the board three options as to what to do about bylaws that call for the board to follow the Open Meetings Act and Inspection of Public Records Act, allow members to inspect the Co-op’s books, records and audits, and allow members and the press to attend board meetings. They could take it to court, try to get the bylaws changed at the next annual meeting, or simply ignore the wishes expressed by member-owners when they voted so decisively for transparency.
There was another option Francish inexplicably failed to offer: draft bylaws that give member-owners what they want. His claim that the three new bylaws are illegal, unworkable and unreasonable is unfounded. The Mora-San Miguel and Kit Carson electric cooperatives have implemented measures to increase transparency in response to an outcry from their member-owners, and we can, too.
That our attorney — and we say our, because the corporation he claims to represent is made up entirely of owner-members — has not only failed to honor and respect the wishes of the people who make up the corporation but has chosen to fight against them is, indeed, a perversion of democracy.
In order for our Co-op to move forward and mend the wounds that have already been inflicted in the battle between the board and the member-owners they are supposed to represent, “this guy” has got to go.