Cobb EMC clique continuing power grab
by Don McKee
MDJ Columnist
March 02, 2010 09:57 AM | 1297 views | 10 10 comments | 15 15 recommendations | email to a friend | print
Don McKee
Don McKee
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The clique that’s been running the Cobb EMC for far too long keeps coming up with new ways to prevent the members from upsetting management’s chokehold on the cooperative.

The message that’s been sent over and over to members is that they don’t really own the co-op -- it belongs to the management. So the members are told, in effect, sit down and shut up.

If more proof were needed, it’s provided in new bylaw changes. One of these anti-member changes requires EMC members to submit in writing any issue or proposal to be considered at an annual meeting 70 to 100 days in advance -- supposedly. But read for yourself the language of the new bylaw as follows:

“To be timely, a member’s notice for such matters must be delivered to the Secretary of the Cooperative at the principal office of the Cooperative in proper written form not less than seventy (70) days and not more than one hundred (100) days prior to the first anniversary of the preceding year’s annual meeting of members; provided, however, that if, and only if, the annual meeting or substitute annual meeting is not scheduled to be held within a period that commences thirty (30) days before such anniversary date and ends thirty (30) days after such anniversary date, such member’s notice must be delivered by the later of (A) the twentieth (20th) day following the Annual Meeting Announcement Date (as hereinafter defined) and (B) the date which is seventy (70) days prior to the date of the annual meeting or substitute annual meeting. In no event shall any adjournment, deferral or postponement of an annual meeting or substitute annual meeting or the announcement thereof commence a new time period for the giving of a member’s notice as described above.” (Check it out at www.cobbemc.com)

Attorney Pitts Carr, representing plaintiffs in a lawsuit against the EMC, got it right when he said the “brain teasing equation can have one goal and one goal only -- to make it virtually impossible for members to meaningfully bring up new business at the annual meeting, a right specifically reserved to the members by the EMC act."

Carr’s law partner, David Cohen, called it “a pure power grab and effort to tighten management's control over the entire EMC and its funds. It is wrong.”

If there is ever another annual meeting -- we’re two behind already -- the members themselves should rewrite the bylaws to allow election of all the directors at the same time and then vote all of the current board out and elect a new one.

comments (10)
« D Dotson wrote on Thursday, Jul 08 at 07:37 PM »
This is not unlike the behavior of Etowah Water and Sewer Authority in Dawsonville. Small clique of individuals who started and "own" this entity that purports to be a public entity. Small town dealings have resulted in years past in the taxpayers paying for land for the authority's water treatment facility just behind the Rockcreek Park.

It seems between Cobb and Dawson there is no end to the reaching out to take from the local citizens to enrich these cliques.
« PowerlessConsumer wrote on Saturday, Mar 06 at 11:35 PM »
It's good to see this update in the MDJ. I thank you for keeping up with the egregious behavior of the Cobb EMC board. Brown and his buddies have found a nice little hiding place from any kind of fiscal oversight or ethical accountability, and they've been using it to increase their personal wealth for many years, at the expense of helpless consumers who have no choice but to keep writing the checks.

It is dismaying to me that we've heard NOTHING regarding Pat Head's investigation of the EMC for NEARLY A YEAR. Whether this means there was such a wealth of malfeasance that his office is overwhelmed or simply that the Cobb County Good Ol' Boy machine is hard at work is anygody's guess, but in the absense of facts Cobb EMC's misinformation campaign and the board members' other considerable means of influence will prevail, I'm afraid. So much for consumer protection in Georgia...
« Mike Jones wrote on Friday, Mar 05 at 06:57 PM »
Did you know if you want to run for a position on the Board of Directors, you have to interview with the board and get permission first..(here is the best part) You have to get interview with and get permission from the person you want to replace on the board...
« Mike Jones wrote on Friday, Mar 05 at 06:54 PM »
Did they (Cobb EMC Board). Even give you permission to right this article? I'm sure they have some sort of Bylaws that would prevent it. If they don't they will soon.
« AngerinAcworth wrote on Friday, Mar 05 at 04:34 PM »
I still contend that hundreds of people were overcharged for power....people who paid for service in 2009....but no longer have EMC accounts. If current members get a rebate, shouldn't EVERYONE who bought over-priced power be reimbursed.
« PresHoaxNChains wrote on Friday, Mar 05 at 10:27 AM »
The problem with Cobb EMC is there is no competition. If you live in an area where Cobb EMC is the only power provider, you suffer at the whims of the EMC. So, say what you want about meeting dates, airing grievances, etc. the bottom line is it does not matter because the customer has no choice.

« EMC Member wrote on Thursday, Mar 04 at 10:13 AM »
Member/Owner...The difference between Cobb EMC and a typical stockholder company is that Cobb EMC is a non-profit, member-owned, co-op. Not a corporation. Cobb EMC is not regulated by the public service commission...only by the members. That is why the Georgia legislature wrote in the EMC statutes that members would be able to raise issues at the government mandated annual meetings.
« member/owner wrote on Wednesday, Mar 03 at 12:53 PM »
I was at the annual meeting 2 years ago, and it became a zoo because of the issues raised by those who had an agenda! Cobb EMC is big business. All stockholder companies of which I am familiar require stockholder comments to be pre-filed before an annual meeting. This is just good business. It keeps a handful of disenchanted people from hi-jacking an annual meeting. I say keep up the good work directors and let's get on with the business of serving this community!
« Customer/owner wrote on Wednesday, Mar 03 at 11:04 AM »
The only way for the owners/customers to control Cobb EMC is for the EMC's to be deregulated just like natural gas was several years back. All of us can pick up the phone and change our natural gas supplier with a phone call. We should be able to do that with our electrical supplier as well. If the government serves us, then this should be done. Once Cobb EMC's monopoly is taken away from them, let them make all the changes they want to. It won't matter.
« Slice wrote on Wednesday, Mar 03 at 08:26 AM »
I would venture to say that Dwight Brown, Sam Kelly or paid P.R. professional Carol Cooksley couldn't interpret this lawyer driven, greedy power grab bylaw to explain it the real owners of the company, the Cobb EMC members.

Another Gordian Knot to choke the owner/customer..oh, but we did a 15 dollar rebate lest we forget Cobb EMC's timely generosity in the face of additional lawsuits.