Jordan offers another view of MEA bylaws

Spectrum, by Lee Jordan

As chairman of the Bylaws Committee of Matanuska Electric Association, I must respond to the Spectrum piece of March 7 appearing under the headline, "Board member tackles utility's bylaws." Unfortunately, Director Michael Janecek grabbed a face mask when urging a "no" vote on ballots now being received by members. A number of incorrect interpretations stated there could mislead members, and therefore deserves a yellow penalty flag.

In the column, Director Janecek described "contradictions" in the bylaws that led to a dispute over his election to the board of directors. That dispute resulted in a lawsuit in which the court pointed out those ambiguities and ordered that Mr. Janecek be seated even though the majority of the board felt he was in violation of the association's campaign disclosure rules.

Subsequently, the board asked the bylaws committee to remedy the ambiguities. It also asked us to make our bylaws as consistent as possible with the rules of the Alaska Public Offices Commission. We did that.

Unlike the voters of this state, the members who own MEA are able to cast ballots by mail during a period of three or four weeks prior to the annual meeting. Because of that, the committee found that the current campaign contributions and expenditures reporting schedule was inadequate. The current schedule does not accomplish the objective of informing members in time for them to determine potential influences before casting their ballot. This requires that a report be made available early in the process. Like APOC, the proposed amendments would require more frequent reports as the final election date approaches.

Contrary to the opinion expressed by Director Janecek, the ability to correct reporting mistakes is retained under the proposed amendments. It is that provision, in fact, that necessitates a delay in the seating of new directors. Presently, those who receive the most votes are to be installed within hours of the announcement of election results. Delaying the installation allows adequate time for correction of reporting errors or response to questions about possible violations.

Just as is the case with the United States Congress, the Alaska Legislature and local governing bodies, it is the MEA Board of Directors that determines the qualifications of its members based on the bylaws (our constitution). Making the bylaws reasonable, just and consistent eliminates the likelihood of adverse court judgments. The proposal now before members meets that objective.

As for other concerns expressed in the March 7 Spectrum piece, I offer the following facts:

The proposal does not limit collection of campaign funds to a 12-month period. A person may begin collecting funds at any time after filing as a candidate, but must report such activity at the end of each 12-month election cycle.

Director Janecek is correct that the requirement to report contributions of $100 and under is more restrictive than APOC's rules. The committee, however, wanted to forestall efforts by cheaters who try to hide large contributions by wrongfully masking them as smaller individual transactions.

I was pleased to see that Mr. Janecek approves of the conflict-of-interest provisions. The committee was surprised that the existing bylaws did not contain such language.

The Bylaws Committee is comprised of seven dedicated and capable members from throughout the service area. They worked diligently to resolve the problem that led to costly litigation in Mr. Janecek's case. They also strove to make the campaign disclosure requirements as fair as possible for all candidates while meeting the objectives of keeping the members informed.

I ask your support of the bylaw amendments. If anyone has questions, I will be happy to discuss our work.

Lee Jordan is a Chugiak resident and a candidate for election to the MEA board.