Squabbles continue at MEA

By ANDREW WELLNER
Frontiersman
Published on Monday, May 11, 2009 11:04 PM AKDT

PALMER — With the co-op’s annual meeting more than two weeks past, Matanuska Electric Association board meetings haven’t seen the last of the protestors that attended meetings leading up to the vote.

On Monday, the same issue that the protestors came to speak on came up again when Kay Slack asked the board to stop holding what she considers to be illegal meetings.

“If there have not been open meetings you are in violation of the bylaws,” Slack said. Violating the bylaws, she said, jeopardized the co-op’s tax exemptions.

She also raised two issues that came up immediately following the election – the legitimacy of board president Lois Lester and board member Janet Kincaid.

Lester, her critics have alleged, should not have been eligible to take her seat since changes to the bylaws instituted a limit of three consecutive terms per board member.

Kincaid, her critics have said, should have stepped down because of tightened conflict of interest rules and the belief that her son is doing business with the co-op.

Board Attorney Robin Brena has said at previous meetings that, in his reading of the bylaws, no illegal meetings have been held and has requested anyone who thinks differently to explain exactly why they think so.

In previous interviews, Kincaid has said she has no conflict of interest because at present her son does no business with the co-op.

As for Lester, makers of the bylaw amendment thought it was to take effect after she was already seated. In essence they believed Lester was the beneficiary of a grandfather clause.

Dewey Taylor, who sits on the bylaw committee, said just that at the Monday’s meeting. He said it appears to him that a lot of members are confused about the bylaws. This might stem, he said, from a pair of factors that govern board procedures in addition to the bylaws – past practices and lawsuits that may have changed procedures without those changes being reflected in the bylaws.

“Those of us that looked at them closely for a number of months are also confused,” Taylor said of the bylaws.    

Another thing tripping up board members, Brena said, appears to be Robert’s Rules of Order. He said he spent some time researching good authorities on the rules and passed out copies of one resource he found useful.

Soon after, Slack stood up to raise a point of order, saying that the meeting being held was illegal because of the presence of Lester and Kincaid.

“Mrs. Slack you are out of order,” Lester said.

“No, you are,” replied a number of audience members.

Board member Larry DeVilbiss spoke in defense of Slack but was cut off by a request from Lester, who asked him to speak to the motion at hand, which dealt with the board’s meeting schedule.

“Please speak to the calendar,” Lester said, repeating her request as DeVilbiss attempted to go on.

“I guess if the board won’t support me speaking I will speak to the calendar,” he said and asked that next month’s meeting be moved up a week, a motion that passed.

Comments

38 comment(s)

    Get Educated Lap Dog wrote on May 19, 2009 11:03 PM:

    " The Lois Lester Board scheduled so many meetings they collected more per diem than any MEA Board ever. The Board's Anchorage attorney, Robin Brena, is socking away tens of thousands of dollars every month responding to the ignorant Board requests. MEA members will have to pay the piper for this Lester fiasco. This Board is ridiculous. Time for recall and rewire this Board. "

    Get Educated wrote on May 18, 2009 8:39 PM:

    " All I have to say is the person who goes by the handle "facts" clearly does not have a clue. You are really starting to get on my nerves. MEA management has messed MEA up so bad... you don't think that it was smart for the board to hire a lawyer... you just think they should try to fix all the crap Carmony has caused with out any legal counsel. I wouldn't be surprised if "facts" is Carmony in disguise. Everyone please get educated and don't listen to garbage like "facts". Trust me... "

    Dennis O. wrote on May 18, 2009 3:58 AM:

    " Being called irrelavant by a commie coward like you is a badge of honor. Feels great ! "

    Rusty wrote on May 17, 2009 10:11 AM:

    " Dennis O. is correct, New bylaws says: No member shall serve more than three consecutive terms. Ms. Lester is not elligible to be seated on the board after the election certification. The confused bylaws committee also made her or any other member who has served three consecutive terms also inelligible to run for the board again. Three terms and you are out, forever! Brilliant, bylaws committee! "

    Lysander_Spooner wrote on May 17, 2009 9:52 AM:

    " Irrelevance? Finally a topic you know a thing or two about, Oakland. How's it feel? Post away. "

    heartland wrote on May 16, 2009 4:56 PM:

    " It's pretty ironic that the crew that screwed up the bylaws are now carping when someone finally tried to iron out the twists and make them fair for all. It's good that Lois Lester serves with distinction and honor. I'm surprised she stands up to the riff raff crap so elegantly. Let's move on to finding the best possible power sources for all our futures. Put a sock in the petty bickering "Friends of MEA Enemies of Smart Energy." "

    Dennis O. wrote on May 16, 2009 3:44 PM:

    " Ya know Spooner, people might actually get a kick out of your foolish antics if you had the courage to use your real name. As it stands, your irrellevance is overshadowed only by your cowardice. "

    Lysander_Spooner wrote on May 15, 2009 9:08 PM:

    " Hey Oakland, you're killing me here! You wouldn't know a fact if it bit you in the butt. Your ignorance of how things are is breath-taking, but not surprising, considering your historyl

    But please, please keep posting. I appreciate the opportunity to continue pointing it out! "

    Concerned wrote on May 15, 2009 10:00 AM:

    " Since when can the MEA board of directors choose which bylaw changes to honor? In all of the years I've been a member, the bylaws changes have taken effect once the election has been certified; so all of the bylaw changes are now in effect, including the fact that the members of the board that were elected are now seated, however, the bylaws now state only three terms on the board, and lester is now in her fourth term, so she must leave the board. "

    PETE wrote on May 14, 2009 11:21 PM:

    " no ballot here "

    Dan O wrote on May 14, 2009 12:19 PM:

    " I am an MEA member and never received a ballot. I wonder how many other members did not receive ballots. "

    Pamela wrote on May 14, 2009 4:39 AM:

    " To "to actually no": Thank you for saying this. I am so tired of people coming to these boards and neither stating an opinion fairly nor making a reasoned argument of any kind.

    Too many think that coming here and making false, unsubstantiated smears against good people, or using profanities and hate-talk, or using the most inflamatory and sensationalistic language possible - makes them believeable or clever.

    They, very much, are neither believable nor clever, and their hate filled rants are nothing if not disturbing and a tremendously sad commentary on how low humanity can go. "

    Pamela wrote on May 14, 2009 4:26 AM:

    " The MEA board was elected fairly. Shamefully, and sadly, it is now being disrupted by those who appear to be sore losers, and on the side of the old MEA guard (Lee Jordan, Wayne Carmoney, Tucker Babcock, Larry Devilbiss, and so on). There is important business to be undertaken, and the new MEA board of directors needs to get on with it, and not be harassed by spoil sports and Carmony's puppets. Shame on Devilbiss for encouraging this unproductive harassment and smearing of good people who have been elected to serve us. Devilbiss should step down. "

    Gas Plant wrote on May 13, 2009 9:43 PM:

    " Whatever, the lights are sill on "

    Gas Plant wrote on May 13, 2009 8:53 PM:

    " Our motto:
    More Politics than Power Company,Don't worry, be happy, the lights are still on! "

    Dennis O. wrote on May 13, 2009 8:03 PM:

    " Fact 1: Bylaw states 3 consecutive terms and you're out. Fact 2: Lester has served three consecutive terms. Result: Lester is off the board. There are no caveats, no but's, no implementation date, no grandfather rights, no amount of interpretation that can save her. They are what they say they are, and due to the incompetence of the "confused" bylaws committee, Lester is OFF the board, like it or not. Brena KNOW's this, but he was hired to please the board.. "

    Facts wrote on May 13, 2009 3:57 PM:

    " Bylaw 1, Janet Kincaid's son does not work for MEA. Fact: Bylaw 6 - Term Limits was not retroactive and it did not state that it was so Lois stays in as President. Fact: You can't disenfranchise all the voters who voted for Lois Lester for an arbitrary decision on when Term limits were meant to start. # 6 - Term limits did not state that it was retroactive so therefore it is not. Those are the facts Dennis O. "

    Dennis O. wrote on May 12, 2009 10:31 PM:

    " Fact 1: Bylaw states 3 terms and you're out. Fact 2: Lester has served three terms. Spooner, which one of these statements is untrue? "

    To Actually No wrote on May 12, 2009 8:31 PM:

    " Lester won by over 15%. That's a wide margin. That being cleared up, instead of saying that Kincaid, Lester, and Brena are crooks, try offering some basic kind of argument. You know what an argument is, right? You state a premise and back it up with facts, not assumptions, insults, or more premises. Facts. What has Kincaid done that is illegal? If she has done something illegal, why hasn't she been arrested and tried? If she hasn't done anything illegal, how is she a crook? Same with the others? Press charges for an actual crime, or shut up. "

    Cheap junk in the MEA meeting wrote on May 12, 2009 5:35 PM:

    " All the stuff that was given away at the MEA meetings was cheap junk. I put the MEA water bottle in the top rack of the dishwasher and it actually shrunk!! No more cheap junk please. The propaganda on the spreadsheet was just that. It is easy to make it look like you have done well when you have ignored repairs that are needed, equipment repair and line repair not done. The truth will come out as to what MEA needs and things will not be looking so good anymore. "

    Almost dialed 911 wrote on May 12, 2009 5:25 PM:

    " The 1st man who spoke during persons to be heard was rude and aggressive towards Lois Lester. He used his past in the military as an example of his honor and I was not impressed. When he aggressively approached Lois and stuck his finger in her face I was 1 second from dialing 911. She handled it well, but this type of behavior is not acceptable. She is not doing anything wrong and people need to be civil or stay home. "

    Go to the meetings wrote on May 12, 2009 4:06 PM:

    " Don't listen to the negative people on this site. Go to the meetings, talk to the employees at MEA and the board members. Not just the management. Listen to the board meetings on the web site. You will get a better idea. The lawyer was very good explaining that the bylaws were not stated to be retroactive. Bylaw changes are not retroactive unless specifically mentioned on the ballot, as it was not. Kincaid has no family members working for MEA so no problems there. So what is the problem? "

    To Facts wrote on May 12, 2009 2:54 PM:

    " The MEA board does NOT know the law. That's why they hire an attorney to bend every possible law around so that they can get their way. Why hire a lawyer if you're following the rules? Because they are liars, bullies and criminals. They are breaking the very bylaws people JUST VOTED FOR. Including the 571 people that voted for Lester over Yoder or Nygard. In your goodie bag at the meeting, there was a spreadsheet showing income vs. expenditures since Carmony was hired. Read it. You will see that the coop has actually spent LESS since he began. "

    Actually no. wrote on May 12, 2009 2:50 PM:

    " No, what I'm saying is that the majority ALSO voted to enact a bylaw that states you CANNOT SERVE MORE THAN THREE TERMS. I find it appalling that so many voters are incapable of doing the math and concluding that that would eliminate Lester from being seated again. I my "allegations" that Lester and Kincaid are crooks are substantiated by the fact that they are ignoring the new bylaw changes by allowing themselves to remain on the board. For people who ran on "transparency", they sure do bend the rules a lot. Whatever they don't like, they change. How convenient. "

    Facts wrote on May 12, 2009 2:45 PM:

    " Lester won by 571 votes. Lester's information clearly stated 9 years on Board. Election was run by independent accounting firm. Past 3 elections won by current majority. Current majority is taking back control of MEA from Carmony. Some like Carmony and since they can't win a fair election, they whine on this web site. If you whinners believe what you are saying is true, Get a lawyer, go to court and prove you are right. Otherwise, you are just blowing hot air and wasting people's time. My bet is that the MEA Board Attorney knows the law and you don't. "

    Lysander_Spooner wrote on May 12, 2009 1:09 PM:

    " Still LMAO at Dennis O. Just because you say it is so, or think it should be, don't make it so. Exhibit A -- your silly failed borough proposition. Clearly, that debacle didn't teach you anything. "

    To Actually no wrote on May 12, 2009 12:33 PM:

    " You have not offered any substantiation for your allegations that Kincaid, Lester and Brenna are crooks. Resorting to name calling and defamation of character are not helping your point.

    Even a few hundred votes is a substantial margin where many local elections have been won or lost by less. In any case, are you suggesting that the votes of the majority should be thrown out and Lester unseated regardless of their wishes? That doesn't sound very democratic to me. "

    offsaopstone wrote on May 12, 2009 12:04 PM:

    " The circus we all know as MEA just goes merrily around. The part of this article everyone should be concerned about is Dewey Taylor's coment "past practices and lawsuits that may have changed procedures without those changes being reflected in the bylaws" well Dewey how about cleaning them up. If we need to vote on updated and correct bylaws then it needs to be done cost of doing business. I voted against ballot measure one this year because it should have included all of MEA's employee's and thier families. Also alawsuit waiting to happen. "

    Old-time MEA member wrote on May 12, 2009 11:39 AM:

    " Mr. Brena told the board that Prop. 1 should not go on the ballot. After he admitted he was wrong, it went on the ballot and passed. He's also wrong about Ms. Lester's and Ms. Kincaid's legitimacy. When I voted for Prop. 1 and to for term limits, I did not see any "grandmother" language saying, "except for Ms. Lester," nor did any other voter. Mr. Brena appears to interpret bylaws with a bias toward those that will keep him employed. "

    Actually no. wrote on May 12, 2009 10:32 AM:

    " To "Its time to move forward": Actually Lois Lester did not win "by a large margin". It was actually just a couple hundred votes. You are wrong. To "Wrong Again Dennis": If you're going to be immature and state that Dennis O is in fact the GM of MEA, perhaps you should get your names correct. His name is Wayne CARMONY. When you make simple errors like this, you just end up sounding like an ignorant fool. To everyone else: Lester and Kincaid are crooks. Brena is a bigger crook that WE are paying for. Get a clue. "

    Brena is a bully wrote on May 12, 2009 10:08 AM:

    " Robin Brena acts like a bully is stomping on every member wh dare to criticize the MEA Board. Lois Lester and Janet Kincaid cannot defend themselves,so they hire a $350 an hour attorney to explain why illegal meetings are no big deal. Brena appears to be just a high priced arrogant buffoon. "

    RZ wrote on May 12, 2009 9:52 AM:

    " As long as Kinkaid's son is not doing any work for MEA, she is fine. As for Lester, I didn't see anything about a "grandfather clause" on the bylaw change I voted for. I agree with Dennis O. I'm not confused and Lester is out. "

    MEA Audio Available wrote on May 12, 2009 9:49 AM:

    " If you listen to the MEA Board meeting audio, you will hear a clear explaination from the Board attorney as to the current status of the implimentation of the new Bylaws. You will also hear other important issues that everybody thinks they know all about including his opinion on Lois Lester's status. The Board Attorney has researched these issues and when he gives an opinion that means he expects to prevale in court if challenged. Next week, if adopted by the Board, his opinion will be posted on the web site. Bylaws have not been clear or followed for years. "

    JD wrote on May 12, 2009 9:35 AM:

    " When is the Next meeting? "

    Wrong again Dennis wrote on May 12, 2009 9:21 AM:

    " No rule was established regarding the 3 terms to include or preclude past terms, thus it will have to be decided in the courts or by resolution of the majority of the BOD, you need to go away Dennis Carmody. "

    Common Sense wrote on May 12, 2009 8:58 AM:

    " You can't invalidate an election with a bylaw change. Lois Lester was put on the ballot because she was found to be eligible to run. She was then elected by a vote of the members. The bylaw that passed, limiting terms to three, makes Lois ineligible to run again, it in no way can invalidate the election results. If you try to force her off the board due to this bylaw change, you over-stepping the recall petition process and saying the members' votes mean nothing. "

    Its time to move forward. wrote on May 12, 2009 7:38 AM:

    " MEA voters re-elected Mrs. Lester by a wide margin, so clearly expected her to be able to serve out this term before being term-limited out.

    Points of order can be raised by board members, but the audience should refrain from interrupting the business of the board and do their speaking during the times designated for public participation in the agenda.

    Those who choose to make allegations of wrong doing during that time should be specific and provide as much documentation as possible so the matter can be properly investigated, otherwise they are just spreading rumors and being disruptive. "

    Dennis O. wrote on May 12, 2009 6:40 AM:

    " Fact 1: Bylaw states 3 terms and you're out. Fact 2: Lester has served three terms. Result: Lester is off the board. I am not one bit "confused" about the bylaws. "

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