Image above: The Simpson's line up for Enron Ride. The Scummiest Guys in the Room article from (http://www.absurdandreport.com/2011/04/enron-scummiest-guys-in-room.html).
By Tek Nickerson for Representatives of KIUC Petiton -
KIUC held their regularly scheduled Board meeting yesterday, Tuesday, 7.26.11. In response to the Members' Second Petition and strong request for a verifiable count of signatures, KIUC simply issued a statement, defining a valid signature vs an invalid signature, plus a restatement of the count. They completely sidestepped the question about verification and that they might have a vested interest in protecting their own privacy how the determination was made on each signature.
I was the only one from the public signed in to talk, which was first on the agenda. Chairman Phil Tacbian said only members could talk and they could only talk in items on the agenda for three minutes.
I was called "to the stand." I introduced myself as the point person on the second petition (to recall the election). The chairman said the petition was not on the agenda, and therefore COULD NOT BE DISCUSSED, so I could not talk. I thanked him and sat down, setting my precedence for respect.
(It was later explained to me that items are put on the agenda five days prior to the meeting. The agenda is posted on the KIUC web site. Since Tuesday was the sixth day after they received the petition, they CHOSE to avoid the issue by ignoring it on the agenda.)
I sat and listened as each person at the table gave their report. Consulting Counsel Proudfoot reported that he advised the Board how to proceed in response to the Second Petition.
Paraphrasing:
"A point of order, Mr. Chairman! Mr Proudfoot just brought the subject of the Second Petition to the table! I may now speak on the subject!" "No, you may not."This is the second time the Chair CHOSE to be dismissive. Steve Raposo, Vice Chair and chairman of the Members Relations Committee, did not mention the Second Petition in his report. This was the third time that a KIUC elected representative chose to ignore their commitment to being open and reaching out to the public. During a break, Consulting Counsel Proudfoot approached Director Jan TenBruggencarte and me. He said he was intending to tell Jan something to tell me. Finding me pleasant and inviting his advice, he said that I could ask the Chair to wave the rule and allow me to speak. This is encouraging, especially coming from him. We showed each other we were reasonable men and could work with each other. Raposo's Members Relations report centered on defining exactly what their course of action would be for outreach with the public. After ten minutes of discussion, it was still a quandary for them what it would look like. Knowing that Raposo probably categorized me as an unreasonable obstructionist, I approached him with a suggestion. He was a bit taken aback, but he listened. I reminded him that history has taught us the approach that works under similar circumstances: the Dolley Madison solution of giving weekly parties for opposing political sides in the neutral territory of her home. I.e. Take the budget for talk-down "dog and pony shows" and apply it to island-wide regional parties, where the public is attracted first by the food and then by the opportunity to ask questions of their elected directors and opposing views one-on-one. Raposo listened. Time will tell if he is receptive to Dolley Madison's ingeniously iconic solution, used in the White House to this day. Raposo is one of the Gang of Five, who controls the direction that the board votes. (About the First Petition, he reportedly remarked that some people are only obstructionists. This is the third opportunity they passed up.) At each opportunity ANY one of the directors could have interjected an objection...and did not. The three up for re-election are Ben Sullivan, Stu Burley and Steve Raposo. Jan explained that if we vote out Stu and Steve with strong candidates, we'll have purged the Gang of Five with our own Five Alive. This is the light at the end of the tunnel. Meanwhile, sitting in the back of the room for a while was Free Flow Power representatives, Jason Hines and his assistant, Dawn. The chairman invited them to report an update on their progress. THIS WAS NOT ON THE AGENDA. Then we all took a break before they went onto Executive session. I took the opportunity to complain to Ben Sullivan that FFP should not have been given the floor, since they weren't on the Agenda. Ben said he let it go, because they wouldn't be taking a vote. That's contrary to their own rules! Thus, there is NO WAY in which the situation can be "corrected" if the Board can continue to "pick and choose" what it can do accordingly. Will KIUC consider the "possibility" of a forum approach in getting to the root of the matter discussed in a neutral venue with an opportunity for both sides of the issue to be in the planning process of determining what should be discussed and how both sides can be fairly presented? >
July 18, 2011 Kauai Island Utility Cooperative David Bissell, President & CEO T. Phil Tacbian, Board Chairman 4463 Pahee Street, Suite 1 Lihue, Hawaii 96766 Dear President Bissel and Board of Directors, KIUC members recently placed their names on a second petition under the heading: KIUC CO-OP MEMBERS PETITION TO RECALL THE BALLOTS AND REDO THE ELECTION, in response to the first petition. On July 13, 2011 through the Garden Island Newspaper we learned: “Kaua‘i Island Utility Cooperative on Wednesday announced that an insufficient number of valid signatures was submitted on a second petition received by the cooperative on Monday…At the completion of the verification process by KIUC and legal counsel. It was determined that of the 291 signatures submitted 185 were valid, requiring no further action by the KIUC Board of Directors,” a KIUC news release states. The statement that no further action is required by the board is the same dismissive attitude that brought about the first and now, second petition. Petitioners were surprised at the extremely high number of invalidated names reported, 106 according to your count alone. Over 2,000 members have questioned your recent decisions; in all fairness a legitimate obligation exists to follow through for these members who took the time to voice their opinion in a democratic process afforded by their KIUC By-laws, Article II, Sections 2 & 6, in accordance with the Hawaii Revised Statutes. In order for members to satisfactorily be assured that the verification process was handled in an independent and unbiased manner, we are requesting confirmation through: 1) A copy of the report with your findings that reflect a. how you conducted the verification process, b. who counted the petition names and c. if a third, independent party was involved. 2) A copy of the petition with page number and line item or checks in front of the names / signatures / addresses / account numbers that were deemed invalidated. 3) Please state the reason for each invalidation. We see this as a reasonable expectation in a democratic process and essential in putting to rest any lingering doubt about discrepancies. As well, this would be a clear indication that the mutual interests and responsibilities are transpiring with clarity, transparency and accountability in our shared quest to build trust. Please provide this information within 5 working days, addressed to: PETITIONERS C/O Tek Nickerson 6978-b Kokeanu Place, Kapaa, HI 96746 With kind regards,
1 comment :
Tacbian should have let you speak and you need not be a member to speak at the Board Meetings. Shows lack of good will on their part. When decision makers close themselves off from input, the quality of the decisions declines. KIUC is relying too heavily upon Federal debt and as a result probably will not be able to finish these hydro projects under the type of financing that these laymen Board members have been led to believe. Property members on Kauai should plan on solving their own electricity needs as KIUC is likely to be unreliable in the not too distant future. [BTW, Ben, this is why most professionals don't waste their time trying to come down their to try to speak to you guys at your meetings.]
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