The Brighter Side Of The Settlement

Opinion

By Linda Kaye Rogers

There's plenty of injustice in the lawsuit settlement with the PEC now being weighed by members. But the class action lawsuit brought against PEC last year has already accomplished many of its goals. Members are now enjoying some of these changes.

Issues of transparency
Board meetings are now announced and posted three days in advance on the PEC Website. The agenda is also posted. Members may attend the meetings and address the Board and expect full disclosure (when appropriate).The actual meetings are being taped and made available at the PEC.coop website. The website itself has expanded and offers more insight into the co-op and it’s activities. Records have been opened, such as reports of compensation. An investigation/audit is underway and additional records will be available. The purchase price and continued costs of the subsidiary ENVISION is now available. Full disclosure regarding all aspects of ENVISION will be available to members.

Compensation
As part of the NAVIGANT audit/investigation, compensation to Directors and other Board members is being brought into line with other co-ops. This amount will be retro-active to March 2008. A committee has already been formed within PEC to survey national per diem rates and these are effective immediately. These will be almost identical to government per diem standards. The “Director Emeritus” compensation has been discontinued.

Resignations
GM Bennie Fuelberg, Asst. GM. Will Dahmann, and Board President W.W. Bud Burnett have all resigned. (The lawsuit asked for the resignation of ALL Members of the Board. This has not occurred.)

Audit of records
Although a more extensive audit was desired, records for the past 10 years will be Investigated. PEC has hired NAVIGANT for the audit and this has been approved by the judge and state Senator Troy Fraser, chairman of the Senate Business and Committee. The senate committee and the State Auditor will oversee and review the the investigation. The State Auditor's Office was unavailable for several months and the audit needed to commence immediately. It is hoped that there will be a preliminary report by the time of the annual meeting in June. It will include a full audit of ENVISION.

Return of Patronage Capital
Members are beginning to see their annual credit on their bills. Although it seems a small sum compared to the whole, it is a sum that does not jeopardize theoperations of the co-op. And while it may not be the fairest dissemination, it is happening.

Board Elections
For the first time in the history of the co-op, real elections are about to happen! Members will no longer receive a proxy, but a full ballot of candidates for election. The election is being managed by an outside source and PEC has no oversight or input into the process or results, beyond the initial by-law requirements. No more “ drawings” to bribe members into returning their proxies or attend the annual meeting. All members are encouraged to vote. Your presence at the annual meeting is still vital, and it is equally important that you VOTE by returning your ballot, vote online, or in person at the annual meeting.

While many aspects of the lawsuit are slipping through the cracks, it is important to recognize its accomplishments. The Plaintiffs were courageous to pursue this. As a member, I am very grateful for all that has been achieved. Finally, our wonderful co-op now appears to be truly operating within the principles of a co-op.

It only took 70 years.

Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.