Change EMC bylaws to prohibit further abuse
December 04, 2011 12:00 AM | 1076 views | 6 6 comments | 9 9 recommendations | email to a friend | print
DEAR EDITOR:

Thursday’s MDJ front page included a story reporting that former Gov. Roy Barnes wants a judge he appointed to Cobb Superior Court (Robert Flournoy) to prevent ex-Cobb EMC CEO Dwight Brown from being tried on charges of the theft of millions of dollars from Cobb EMC.

My blood boiled when I read your story about Barnes’ motion to toss out the second grand jury criminal indictment against Brown. Barnes claims the grand jury had a conflict of interest because several members get their electricity from Cobb EMC.

What about the conflict of interest Judge Flournoy has? As governor, Barnes made him a Superior Court judge. At Barnes’ request Flournoy tossed out the first indictment of Brown on an alleged technicality.

To avoid a serious conflict of interest charge, Judge Flournoy should remove himself from this case, and let Judge Stephen Schuster hear Barnes’ motion.

Without getting into the conflict of interest claims, it burns me up that we, the members of Cobb EMC, have to pay the inflated attorney fees charged by Barnes and the other more than 25 lawyers who have been paid to fight both the civil and the criminal cases.

However, the current bylaws of Cobb EMC require and mandate that all expenses of litigation, including attorney fees, of officers and directors must be paid by Cobb EMC, even if a grand jury indicts an officer or director for stealing money from Cobb EMC. There is no limit on how many lawyers Dwight Brown hires or how much he agrees to pay them. The bylaws require that Cobb EMC reimburse him for all litigation and attorney fees.

The only way to stop paying Brown’s attorney fees is to change the Cobb EMC bylaws. It takes a membership meeting and a two-thirds vote of the members present to enact a new bylaw. The next membership meeting will be on Feb. 18.

The bylaw changes which I call “Cobb EMC Members’ Bill of Rights” will do that and much more.

How many more thousands of dollars of attorney fees will Cobb EMC have to pay for Brown until the “Cobb EMC Members’ Bill of Rights” is adopted by the membership?

Fletcher Thompson
Cobb EMC Member
Former Congressman
East Cobb
Comments
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Also Concerned
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December 05, 2011
@ Pat H- IF u look @ the # of memebers that turn out to the elections only around 3000 of the 190,000 members seem to really care, the rest are probably just happy that Cobb EMC provides wonderful service to them.

Every member should carefully read MR. Thompson's "Bill of Rights" before voting & be very cautious.

MDJ you are so quick to publish every little detail when it comes to the Thompson/Pounds, CEOA, etc.. Why have you not provided the public with a copy of this Oh So Wonderful "Bill of Rights" ?
Concerned Member
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December 04, 2011
Is this "Bill of Rights" something that we'll have to vote on to understand what's in it? Knee jerk reactions to fixing problems often cause more problems than the ones that were intended to be fixed. I'm very suspicious as what this "Bill of Rights" is intended to do........how about publishing this "bill" way in advance of the meeting so that we can read it and prepare questions. The way in which the EMC Owners vetting process worked was not a shining example of transparency, I suggest we all consider anything, especially this "bill" with caution.
EMC Observer
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December 04, 2011
The indictments need to include all board members who approved the Cobb Energy siphoning of our money, including the late Dr. Frank Boone. His estate and funds from all board members need to be tapped for each and every self-helping of funds to them and Brown that should have been credited to our capital accounts.
Bill Clements
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December 04, 2011
Congressman Fletcher Thompson is absolutely "on target" - a complete revamp of Cobb EMC Bylaws is absolutely required to stop the member abuse and return, forever, the ownership, transparency and accountability of our co-operative to the rate payer Members. Now what is on the agenda for the February 18, 2012 Membership meeting ?
anonymous
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December 04, 2011
Mr. Thompson, I share your disgust for Dwight Brown and the Current EMC board. You are not specific as to just what you want changed in the by-laws, but you should know that no one in their right mind will be interested in serving on the board if they may be personally liable for legal fees incurred to protect themselves against lawsuits against the MEC in which they have also been named.
Pat H
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December 04, 2011
You have 200,000 members who agree with you, Mr. Thompson.

Cobb EMC should appoint one attorney, at a reasonable agreed on monthly allowance, and anything over Brown should pay if he wants a high priced team. I would not be surprised if there are kickbacks to him for the privilege of being on the EMC payroll. Brown has 20 million of our money in the last 2 years and should be made to pay all his expenses.

Hopefully, Flournoy is toast in the next election. We cannot afford to keep such a biased judge on the taxpayer largess.
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