Petition to recall co-op president validated
Paul Bustamante was again elected president of Socorro Electric Cooperative at a reorganization meeting on Tuesday, Jan. 11. But whether he will last much longer as a member of the co-op’s board is in question, due to an effort by some of his District 2 constituents to have him recalled.
That matter was the only other item discussed during the open meeting, which lasted less than 30 minutes but was filled with contentious moments.
In the end, the discussion seemed to leave more questions than answers. The only thing learned on the topic was that the petition was determined to be valid, as signatures of at least 10 percent of the district’s population of member-owners had been verified.
Debating Rights
Approximately 75 signatures were required to set the recall process in motion. Richard “Arf” Epstein of Pueblitos turned in a petition containing 115 names. The petition states that signees supported Bustamante’s recall for breach of fiduciary duty and no confidence.
Epstein, who lost to Bustamante in the 2008 District 2 election and who was present at Tuesday’s meeting, demanded to see the results of the vetting of signatures. He said he was told that about 30 names had been rejected and was surprised by that because everyone who signed told him that they were co-op members.
Epstein said he had made a verbal request to see which names had not been validated two weeks ago, and had submitted a written request dated Jan. 6, but still hadn’t received a response from the co-op. He said he was entitled to review the results of the signature verification and cited a bylaw passed last April that requires the co-op to follow the Open Meetings Act and Inspection of Public Records Act.
“I’m asking for something that’s not a favor from you,” he told the board. “We are asking for something that is our right. We have a right to inspect records.”
Epstein had an ally in trustee Charlie Wagner, who helped lead a reform movement that got the bylaw passed.
Wagner said there was no good reason why Epstein’s request should be denied and asked co-op attorney Dennis Francish if the co-op was following the bylaws.
Francish said bylaws were being followed, but “it’s my belief that a purpose has to be stated — that there would be a reasonable purpose that does not do harm to the co-op.”
Epstein objected again.
“The Inspection of Public Records Act does not require any citizen to ever give a reason for requesting information,” he said adamantly. “That is a part of open government.”
Bustamante sided with the attorney.
“I think you should state a purpose for why you want the names,” he told Epstein. “Are you going to go back there and harass the members?”
Bustamante ended what had become an emotionally charged debate over member’s rights by telling Epstein that his request would be considered.
“I’ll get an opinion from the attorney. I just don’t want the members harassed,” he said.
Tempers then flared as words were exchanged between audience members and a few of the trustees, and Bustamante hastily called for an executive session. While people filed out of the room both sides told the other to “shut up.”
Still Undetermined
Emotions ran high earlier in the meeting too.
When the matter of the recall first came up, Bustamante began defending himself against allegations made against him and Epstein stood up to protest.
“If you’re going to air your side of the story, instead of at the district meeting, you should let me give my side,” Epstein said. “If you’re going to do it, I should be allowed too, sir. Both sides have to be heard, sir.”
According to the portion of the co-op’s bylaws that addresses the recall of a trustee, both sides are to be heard at a special district meeting. Afterward, members would vote to either recall or retain the trustee.
When and where that meeting will be held hasn’t been determined. There was more debate over that matter.
Wagner said the board wasn’t following the recall process as prescribed in the bylaws and New Mexico Rural Utilities Act.
Attorney Francish read from the co-op’s bylaws and there’s no mention of a timetable for when the meeting should be held.
Bustamante said time was needed to give staff time to print the notice of the meeting and arrange for a facility at which to hold the meeting.
Trustee Leroy Anaya then interjected, alluding to a co-op reform group’s efforts to have five other trustees recalled. The reform group has also begun circulating petitions to have Anaya, Leo Cordova, Milton Ulibarri, Dave Wade and Donald Wolberg recalled.
“If all of us in our district are also going to be recalled, are we going to have a special election for each one of us?” Anaya asked. “What’s it going to cost our members for each election?”
With that, Wagner quipped, “It’ll cost less if you resign.”
“My members voted me in for four full years,” Anaya responded, while several other trustees suggested that Wagner was the one who should resign.
Bustamante ultimately decided the special meeting to address his recall would be placed on the agenda for the board of trustees’ next meeting. That meeting is scheduled for Wednesday, Jan. 26.
Contact T.S. Last