12/12/2006

Electric City Power-Who are the Officers?

Electric City Power, Inc., is a Montana "public benefit corporation" organized under Title 35, Chapter 2 of the Montana Code Annotated. This corporation is wholly 'owned' by the City of Great Falls, and was formed to operate the City's utility business, and secure the "availability of secure, reliable and economic supplies of electricity at stable, cost-based rates for all residential, commercial, industrial and other electric consumers within the City."

According to Montana law, a corporation shall have "a president, a secretary, a treasurer, and any other officers appointed by the board," unless the Articles of Incorporation or Bylaws of the Corporation provide otherwise.

The Articles of Incorporation do not provide for any officers other than required by statute.

The Bylaws provide that an Executive Director, duties not otherwise specified, shall serve as Secretary of the Corporation. The Bylaws provide for a Chair of the Board and a Vice-Chair. The Bylaws are otherwise silent about the officers of the corporation that are required by Montana law.

At the first meeting of the Board of Directors, the Board elected a Chair and a Vice-Chair of the Board, as well as an Executive Director (who will also serve as secretary).

So, my questions are these: Who is the President of Electric City Power, Inc.? Probably more important, who is the Treasurer?

Now, I don't mean to be overly picky, but this is an entity that is proposing to administer projects in the hundreds of millions of dollars. First, I find that the entity was involuntarily dissolved, apparently for failing to file required reports with the Secretary of State. Now, it appears that the corporation is failing to strictly abide by statutory organizational requirements.

Based upon other management issues at the City, including the failing golf courses and Explore: The Big Sky, can we really afford to get sloppy on a project of this magnitude?

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