MEA board member faces sanctions

PALMER -- Matanuska Electric Association board member Michael Janecek will be facing sanctions Monday, at the final meeting of his contentious three years on -- and off -- the board.

The sanctions stem from two events -- the first dating back several months. At the February MEA board meeting, board member Lois Lester, under the section of the meeting at which board members disclose meetings or discussions they have had with members of the International Brotherhood of Electrical Workers union, said she was contacted by IBEW Business Manager Gary Brooks, who said MEA Manager of Strategic and Governmental Affairs Tuckerman Babcock had, through another person, asked Brooks to ask Lester to resign.

"I am not a pawn of a union -- I am only here to benefit the members, and it baffles me a little bit because this is the second time in as many years this has happened," Lester said. "It leads me to believe that a capable and learned member of the board is a detriment."

Janecek did not report disclosures at that meeting, but told the MEA nominating committee, in a request for nomination to the board, that his attorney had spoken to IBEW and MEA. This disclosure prompted MEA board member Bill Folsom to ask Janecek to fully disclose to the board of directors by noon April 12 any previously unreported contacts or face sanctions.

Janecek, in the letter of disclosure, wrote that IBEW representatives contacted his attorney regarding a proposal made to the IBEW by MEA management.

"It was an offer to agree to approve a labor contract with the IBEW if I would resign from the board of directors," Janecek's letter states. "There were additional discussions, the details of which I was never apprised, concerning the resolution of ongoing litigation between the IBEW and MEA, if I would resign from the board of directors."

Janecek wrote that he disclosed the contact in February -- to Babcock.

"… MEA had actual knowledge that my attorney had been contacted by IBEW. I know that to be true, not only because MEA initiated the contact, through IBEW, but also because I had direct contact with Tuckerman Babcock about this issue." Janecek wrote. He added that he did not bring the contact forward to the board immediately because of comments from Babcock.

"I was led to believe that immediately publicizing these communications would jeopardize MEA's litigation with the IBEW," Janecek wrote. "That trial was just beginning. In fact, Mr. Babcock thanked me for my conduct concerning this matter."

Babcock said he had not met or talked to Janecek or his attorney until Feb. 9, the date of the MEA board meeting at which Lester made her disclosure. He said Janecek's mention in the April 12 letter of his February discussion with Babcock was not accurate.

"The conversation was exactly opposite of what he portrayed," Babcock said. He said Janecek told him of Brooks' approach to his attorney prior to an executive session at which Babcock was asked to be present. "I was shocked -- he tells me in the hallway that he's been talking to the union since July and doesn't disclose it to the board … I asked him what he wanted me to say at the executive session … If the union approached him, he did not immediately tell MEA management. Who was he trying to protect by doing that? It wasn't MEA."

Janecek stands by his version of the conversation, and said Babcock had indicated, through Brooks and to his attorney, that it was best he did not disclose the conversation between Brooks and his attorney. He said it's no surprise Babcock's interpretation differs.

"I anticipated Mr. Babcock would be dishonest about it," Janecek said.

Babcock said he had not made any overture to Lester or Janecek with the intent of getting them to step down in exchange for MEA's dropping the federal suit against IBEW.

"Whatever took place between Lois Lester and Gary Brooks or Michael Janecek and Gary Brooks, I don't know what that was. I know what Gary Brooks told me. Whatever steps Brooks felt necessary to take … he took," Babcock said.

Babcock said he made no suggestion to Lester or Janecek that they step down, nor did he ask Brooks to make such a suggestion.

"MEA never demanded the resignation of any board members for either contracts or lawsuits," Babcock said. "I didn't have any conversation with [Lois Lester]; what she said did not accurately reflect any conversation I had with Brooks."

Brooks would neither directly confirm nor deny Lester and Janecek's allegations.

"All of that was confidential between MEA and IBEW," Brooks said, adding that he was not going to comment on confidential negotiations. "I would just refer you to those board members -- if they want to comment about it, that's up to them."

He did say that he hadn't spoken with either Janecek or Lester since well before MEA elections. He said Janecek and Lester are not, as some MEA board members have said previously, shills for the union.

"We routinely make endorsements of candidates seeking public office, be it at a cooperative level, the assembly or the school board," Brooks said. "Just … because we endorse someone doesn't mean they are our stooge, or that we're controlling them. The fact that we endorse one candidate over the other is just a factor of who we feel is better to serve."

At the April MEA meeting, MEA board members heard an opinion from an MEA attorney who said Janecek's disclosure should have been made to the board immediately, whether it was filtered through an attorney or not. Some board members disagreed.

"I'm concerned that the legal opinion was delivered by an attorney who seems to get regularly bested by Mr. Janecek's attorney in court," said Board Member Scott Daugharty at the May meeting. "Mr. Janecek's actions, by his attorney, were because of MEA's actions. If anybody's at fault here, it's MEA … by approaching IBEW to settle a contract if they could get two members to resign."

Daugharty's comments were in response to a motion ready by Board Member Lee Jordan, relating to the conflict of interest disclosures. Jordan's motion stated that Janecek violated MEA's bylaws by failing to quickly disclose the communication to the board. He recommended the board consider in June what sanctions should be imposed.

After Jordan read the motion, Lester said she was concerned that she may be next.

"The only difference between Mr. Janecek's disclosures and my disclosure … is that I did not have an attorney," Lester said. "So it seems I'll be in the barrel the next time around."

Board Member Bill Folsom said he believed letting Janecek's actions stand could be damaging to the board in the future.

"If this is allowed to stand, in the future, anyone in executive session who wants to transmit anything to anybody, all they have to do is go to an attorney and transmit it," Folsom said. "This will let all board members, now and in the future, know that you cannot circumvent a bylaw just by going through an attorney. We need to take some kind of stand with Mr. Janecek."

Janecek countered that he had made disclosures, on his application for nomination and at the April meeting.

"I challenge you to find in the bylaws, what time frame you have to disclose information in," Janecek said. "This is a carbon copy of the battle I found myself in on day one [of my term]. What you're about to do is also illegal -- whether or not there is any reason to fight with you in court about this issue remains to be seen."

The motion to find Janecek guilty of violating MEA campaign bylaws passed, with Board President Larry DeVilbiss voting in favor to break a tied vote. Board members Folsom, Jordan and Linda Shattuck voted in favor of the motion and Janecek, Lester and Daugharty voted against. The motion to issue sanctions against Janecek at the June meeting passed with the same votes.

MEA bylaws do not specify what sanctions are appropriate for this instance.

"There is no precedent because this is the first application of the new bylaws," Babcock said. "Both of Lee Jordan's motions include the words 'if any.' I thought they would probably ask for recommendations from us or the attorney. They did not do that."

Contact Rindi White at rindi.white@frontiersman.com.