Saturday, October 4, 2008

Temporary injunction granted in co-op fray

Gerald Garner Jr. El Defensor Chieftain Editor, ggarner@dchieftain.com

The woman who is leading the petition drive for reform of the Socorro Electric Cooperative will be allowed to attend future co-op meetings, provided she minds her P's and Q's, and parks her vehicle in some other location.

The co-op — through counsel Joanna Aguilar — had filed for a preliminary injunction and a restraining order against Charlene West for "threatening" and "intimidating" members of the co-op's board of trustees during and immediately after a pair of recent meetings.

The co-op's board had sought to prevent West from attending co-op meetings because it claimed she was creating a disruptive atmosphere not conducive to conducting its business when she spoke out of turn.

After listening to more than four hours of testimony on both sides of the issue, 7th Judicial District Judge Matt Reynolds ruled Thursday, Oct. 2, that while West's actions were unacceptable, the co-op sought an overly broad injunction by seeking to bar her from future meetings was too excessive.

"I'm granting the temporary injunction (against Charlene West), but I'm not going to touch what goes on in these meetings," Reynolds said. "Charlene West can attend (the meetings), but she is prohibited from approaching or talking to members of the board of trustees immediately after a Socorro Electric Cooperative meeting in which all are in attendance.

"The other point I want to make is that I don't want anyone hurt so I don't want you (West) driving in the parking lot; you are prohibited from doing so before or after co-op meetings," he added.

Reynolds concluded Thurs-day's proceedings by encouraging both sides to work things out in a "peaceable fashion."

Spinning their

collective wheels

According to nine affidavits filed by co-op trustees, West, while behind the wheel of her car, made threatening advances toward two board members and physically opened another trustee's car door following an early July board meeting.

The paperwork — filed earlier this month in the 7th Judicial District Court — also notes that West violated co-op protocol for voicing concerns or objections when she was not entitled to do so by hurling an expletive at least one member of the board during a Sept. 8 board meeting.

According to board policy, members are only allowed to address the board when they've submitted a request and have been placed on a meeting agenda.

The consensus of the majority of the trustees is that West's actions led them to fear for their individual and collective well-being.

The affidavits were filed by board chairman Paul Bustamante, vice chairman Leo Cordova, and trustees Juan Gonzales, David Wade, Harold Baca, Herman Romero, Manuel Marquez, Milton Ulibarri and Leroy Anaya.

Conversely, West claimed that she never tried to run anyone over and that she merely tapped on a car window. She also stated that her outburst at the Sept. 8 meeting was predicated on the fact that members were promised a chance to talk about redistricting — a primary component of the petition for reform — but were denied that opportunity by a board that "operates in secret."

While neither the co-op nor West left Thursday's hearing completely satisfied, the judge attempted to lay a foundation for resolution.

The injunction or temporary restraining order issue could eventually go to trial, although no date and no timeline were discussed.

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