Archive for September 13, 2008
All Aboard … An Energy Board
by Chuck Ring
Councilor John Abrams was elected to the Edgewood Town Council in March of this year (2008) and he hit the proverbial ground at a high run seeking to put Edgewood on the map as one of the first, if not the first town to have its own renewable energy system/department. Working with Ms. Mahalick, Edgewood Planning and Zoning Director, Councilor Abrams sought a grant for financing the beginning of a study for the feasibility of such an endeavor. Councilor Abrams asked Mayor Stearley to appoint a board to pursue the energy project, so the town could be assured of prioritizing steps to bring the project to fruition.
The initial request was not fulfilled by the mayor and the request was made again by Councilor Abrams within the last two months. Councilor Abrams was not present for the last council meeting due to illness, but a citizen spoke to the mayor and the remaining council members during the public comment portion of the meeting to ask that Councilor Abrams’ request be honored. During the same meeting it was announced that a renewable energy grant applied for by Edgewood through the State of New Mexico had been denied due to a plethora of applicants and scant grant resources in total.
It would seem that there is no good reason not to appoint the committee requested by Councilor Abrams and a potential time and monetary gain to be realized if we start the process without undue delay. The sun and wind may not see a price increase, but many of the required materials and supplies will see substantial increases as we reflect (solar) and spin (wind).
Here’s a link to information from the New Mexico Public Regulation Commission PRC Renewable Energy Information
Board Members Beware
by John Weckerle
Given the amount of interest (and correspondence) generated by our earlier article on the tax exempt status of the Moriarty Chamber of Commerce, we find this recent letter in the Albuquerque Journal rather interesting. In the letter, the author, Linda Drilling of the Country Club Homeowners Assocation in Deming, expresses the opinion that a judge’s recent decision renders null and void certain state laws associated with “so-called immunity” for the directors of nonprofit organizations.
Little information is easily available on the case – it’s apparently a recent case, and disputes involving homeowners associations may fly a little below the broad radar of journalism - and the specifics are perhaps less important than the broader issue in any case. “So-called immunity” is perhaps a better choice of words than Ms. Drilling realizes; the statute does grant some level of immunity, but specifically excludes situations in which:
- the director has breached or failed to perform the duties of the director’s office; and
- the breach or failure to perform constitutes willful misconduct or recklessness.
Altogether too many people, including nonprofit board members, are under the impression that there is a blanket immunity granted that essentially prescribes that those who do good can do no wrong. This is in error. The law does appear to grant some protection to those who find themselves in difficulty due to innocent mistakes and the acts of others, but that protection can be tenuous, and there is no protection for those who choose to “play it fast and loose” with the law and ethics associated with serving on nonprofit boards. The short course I took on this issue earlier this year through Jean Block Consulting in Albuquerque was very informative, and I highly recommend that those serving on nonprofit boards consider taking this or similar training to learn just what is expected of them by those who can award damages.