Bylaws modifications will be presented for approval to the members of East Central Oklahoma Electric Cooperative, Inc. at the Annual Meeting scheduled for July 25, 2024. These modifications are recommended by the East Central Board of Trustees to update Article IV, Section 3 of the current Bylaws, Trustee Qualifications.
Item No. 1: extend the length of membership from one (1) year to five (5) years. This change will encourage members with more experience with their cooperative and their community to provide guidance for the Cooperative.
Item No. 2: clarify definition of “close relative” as it pertains to Trustees. This change will bring our cooperative more in line with other organizations that are governed by the members.
Item No. 3: allow the current Board of Trustees to remove an individual that fails to meet all the qualifications. Current Trustees interact with each other on a regular basis and will know if someone no longer meets all the qualifications.
Item No. 4: updated qualifications language. Revised the qualifications section to help everyone understand the words without changing the content.
Existing Version
LAST AMD 2019
SECTION 3. QUALIFICATIONS. No person shall be eligible to become or remain a Trustee of the Cooperative who:
(a) is not a member of the Cooperative or has not been a member continuously for at least one (1) year prior to nomination; or
(b)who ceases to be a member of the Cooperative after election as a Trustee; or
(c) who does not receive electric service from the Cooperative at his/her primary permanent residential abode in the Trustee District from which he/she was elected as Trustee; or
(d) is in any way employed by or financially interested in a competing enterprise or a business selling electric energy, services or supplies to the Cooperative or its subsidiary businesses; or
(e) is the incumbent of or candidate for an elected public office in connection with which a salary or compensation in excess of $1000.00 per annum is paid; or
(f)has been convicted, pled guilty or pled nolo contender to a felony; or
(g) is, becomes, or was an employee of the Cooperative, a subsidiary of the Cooperative or a labor union which represents, or has represented, or has endeavored to represent any employee of the Cooperative during the preceding five (5) years prior to time of filing or being nominated; or
(h) is, and if elected and seated as a trustee will continue to be, a close relative of an incumbent trustee or of an employee of the Cooperative. A “close relative” means a person who is related to the principal person, by consanguinity or affinity, to the third degree or less - that is, a person who is either a spouse , child, grandchild, great grandchild, parent, grandparent, great-grandparent, brother, sister, aunt, uncle, nephew, or niece, by blood or by law of the principal.
Proposed Version
SECTION 3. QUALIFICATIONS.
A. No person shall become or remain a Trustee of the Cooperative who:
i.has not been a member continuously for the previous five (5) years; or
ii.ceases to be a member of the Cooperative after election as a Trustee; or
iii.does not receive electric service from the Cooperative at the Trustee’s primary, permanent residence in the Trustee District from which the Trustee is elected or appointed; or
iv.is in any way employed or financially interested in any manner in an enterprise or a business competing with the Cooperative or its subsidiaries or which sells or provides services or supplies to the Cooperative or its subsidiaries; or
v.is the incumbent of or becomes a candidate for an elected public office which pays a salary or provides compensation in excess of $1000.00 per year; or
vi.has been convicted of a felony or who has pled guilty, no contest or nolo contendere to a felony, whether such plea results in a conviction or not; or
vii.is or becomes or was an employee of the Cooperative or of a subsidiary of the Cooperative or a labor union which represents or has endeavored to represent an employee of the Cooperative or its subsidiaries withinthe previous five (5) years; or
viii.is or becomes a “close relative” of another Trustee, or of a current employee of the Cooperative, or of a person who was an employee of the Cooperative within the previous five (5) years A “close relative” is a person who is related to the Trustee, by consanguinity (blood) or affinity (marriage), to the third degree such as a spouse, child, grandchild, great grandchild, parent, grandparent, great grandparent, brother, sister, aunt, uncle, nephew, or niece by blood or marriage and also any person who resides with the Trustee.
B.No person shall be eligible to remain a Trustee of the Cooperative who:
i.does not meet or continue to meet the qualifications of Section 3 (A); or
ii.does not follow all Cooperative policies acting in good faith to represent the best interests of the Cooperative as a whole.
C.When a Trustee does not comply with the Trustee qualifications of this Section 3, the Board of Trustees shall have the responsibility and authority to remove such non-compliant Trustee by a majority vote of the other Trustees. The Trustee who allegedly does not comply with the Trustee qualifications may participate in the removal meeting but shall not vote on removal.