Member’s Bill of Rights

Published 10-01-2010 by Citizen Andy

As not only a customer, but an owner of a co-op, you ought to have certain rights-- rights that shareholders in corporations routinely have, but are often denied to co-op members. These rights include voter protections, open records and open meetings requirements. This bill of rights was successfully passed in the Pedernales Co-op in Texas, the largest electrical co-op by membership in the US. You can get them passed, too!

Member Bill of Rights

Section 1 – Nature of the Bill of Rights. This Article embodies the core elements of Cooperative governance that, because of their fundamental importance, cannot be amended without the consent of the membership. Sections within this Article may not be amended or repealed except by an affirmative vote of two thirds (2/3) of the Board of Directors and the approval of two thirds (2/3) of those Members of the Cooperative voting at a Member Meeting on their own behalf in person, by mail, electronically or by any other method authorized by the Board.

Section 2 – Voting and Election Safeguards. A Member has the right to fair and open Director elections, with nomination to the Director ballot by petition. Proxy ballots are prohibited for use in any Director election.

Section 3 – Open Meetings. A Member has the right to attend every regular, special, or called meeting of the Board of Directors and its committees, except for executive sessions as allowed by policy or law. All meetings shall be called with proper notice, and any final action, decision, or vote on a matter shall be made in an open meeting.

Section 4 – Open Records. A Member has the right, on written request, to examine and copy at the Member’s expense the records of PEC, except those records exempted from disclosure for reasons of: privacy; attorney-client privilege; real estate subject matter; personnel subject matter; security; or, matters that are clearly competitive, when the Board determines in good faith that disclosure presents a compelling risk of likely harm to the Cooperative or its members.”