By Donna Hales
Phoenix Staff Writer
April 23, 2008 09:52 pm
—
No hearing date was set Wednesday for a federal injunction that could bar Saturday’s election at Lake Region Electric Cooperative, Inc.
Plaintiff Michael Linehan, et al., states, in a Tuesday filing, the Board of Trustees has the power to bind Lake Region with any contracts entered into or loans granted. Any contracts or loans made by a newly elected board likely could not be set aside if the election isn’t stopped, the filing states.
Plaintiffs request an expedited hearing.
It would cost about $80,000 to cancel the election of two trustees and other events in conjunction with the election, said Lake Region CEO Hamid Vahdatipour.
“That would be wasteful — it would be $80,000 going down the drain,” he said. “But we’ll do whatever the court says to do.”
Linehan, et al., filed a federal lawsuit last week seeking to unseat Cooperative board members Gary Cooper, Bobby Mayfield, Jim Loftin, Jack Teague, Kenneth Shankles, Lynn Lamons and John Hopkins. Particulars of those allegations were not listed in the filed complaint.
This week’s filing also lists alleged voting irregularities including:
• Lack of polling places, lack of absentee ballots and lack of voting instructions. Lake Region services a seven-county area, yet there is only a single polling place in Hulbert, where all the current board members reside and have strong influence.
• By-laws provide for voting “in person except as otherwise provided by law.”
• Members have not received any voting instructions as to hours of voting and specific polling place.
• Board members have not complied with Oklahoma’s Open Meetings Act and Open Records Act.
Plaintiffs Michael and Sherry Linehan “have been and continue to be, prevented from attending LREC board meetings.”
• Plaintiffs said they are unable to review minutes of meetings, or, if they are allowed to look at them, the minutes are nearly completely redacted. One of the issues up for vote in the election is whether trustees can serve for life. Plaintiffs have been denied the opportunity to review the compensation packages for the board members, so are being denied an informed vote.
• Upon information and belief, LREC loans money to businesses, actions of which directly or indirectly provide pecuniary benefits to the LREC board members individually. Plaintiffs have been denied the opportunity to look at LREC loan documents.
• There is no mechanism for an impartial entity to count the votes. In the past, the current board members counted the votes themselves, taking the voting box containing the ballots away from the polls at regular intervals.
• There have been no check-and-balance systems in place to verify voting members, creating voting irregularities.
• Plaintiffs and another witness will testify they have firsthand knowledge and documents proving that people have voted more than once and that even the dead have voted.
The filing states a board election was halted in 1991 due to election irregularities.
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