4 minute read

SECTION 5 – VOTING

damaged by the member, or by any other person when the member’s reasonable care and surveillance should have prevented such, the member shall indemnify the Cooperative and its employees, agents and independent contractors against death, injury, loss or damage resulting therefrom, including but not limited to the Cooperative’s cost of repairing, replacing or relocating any such facilities and its loss, if any, of revenues resulting from the failure or defective functioning of its metering equipment. The Cooperative shall, however, in accordance with its applicable service rules and regulations, indemnify the member for any overcharges for service that may result from a malfunctioning of its metering equipment or any error occurring in the Cooperative’s billing procedures.

SECTION 9. Membership List, Records and Information. 1.Membership List. The Cooperative, or the Cooperative’s agent, shall maintain a record of current members in a form permitting the Cooperative to: a. Alphabetically list the names and addresses of all members and the federal tax identification numbers of all entity members; and b. Indicate the number of votes each member is entitled to cast.

Advertisement

Unless otherwise determined by the Board or otherwise provided in these Bylaws, a member may inspect, copy, or receive a copy of the Membership List or any similar list of members upon five (5) business days’ prior written notice or request and: a. At a reasonable time and location specified by the Cooperative, a member may inspect and copy the names and addresses included in the Membership List; or b. If reasonable, as determined by the Cooperative, and upon a member paying the Cooperative a reasonable charge determined by the Cooperative covering the Cooperative’s labor and material cost of preparing and copying the Membership List, the Cooperative shall provide to the member a copy of the names and addresses included in the Membership List,

If, and to the extent that: a.The member’s demand is made in good faith and for a proper purpose; b.The member describes with reasonable particularity the member’s purpose for inspecting or copying the Membership List; and c.The Membership List is directly connected with the member’s purpose.

Without the Board’s consent, a member may not inspect, copy, or receive a copy of, the names and addresses included in the Membership List for any purpose unrelated to the member’s interest as a member. Without the Board’s consent, the names and addresses included in the Membership List may not be: a.Used to solicit money or property unless the money or property is used solely to solicit member votes; b.Used for any commercial purpose; or c.Sold to, or purchased by, any person.

Page 9

2.Records and Information

Rural Electric Cooperative, Inc., its Board of Trustees, its employees, agents, or other representatives, shall not by oral, written or electronic means, release to any person or entity, except under proper means, release to any person or entity, except under proper order of a court, commission or state or federal agency, any information, records in part or whole, without the prior written consent of the member, his, her or its legal guardian, attorney or personal representative, executed in the form and manner required by the Cooperative, and on file with the Cooperative.

ARTICLE II RIGHTS AND LIABILITIES OF MEMBERS

SECTION 1. PROPERTY INTEREST OF MEMBERS.

Upon dissolution, after (a) all debts and liabilities of the Cooperative shall have been paid, and (b) all capital furnished through patronage shall have been retired as provided in these Bylaws, the remaining property and assets of the Cooperative shall be distributed among the members and former members in the proportion each bears to the total patronage of all members.

SECTION 2. NON-LIABILITY FOR DEBTS OF THE COOPERATIVE.

The private property of the members shall be exempt from execution or other liability for the debts of the Cooperative and no member shall be individually liable or responsible for any debts or liabilities of the Cooperative.

SECTION 3. EASEMENT FURNISHED BY MEMBER

Members Grant Easement in Load Management Programs. Each member shall, upon being requested so to do by the Cooperative, execute and deliver to the Cooperative grants of easement or right of way over, across, under and/or on such lands owned, or leased by or to, or mortgaged to, the member, and in accordance with such reasonable terms and conditions, as the Cooperative shall require for the furnishing of service to him or other members, or for the construction, operation, maintenance or relocation of the Cooperative’s electric facilities. Each member shall participate in any required program that may be established by the Cooperative to enhance load management or more efficiently to utilize or to conserve electric energy, or to conduct load research, and shall comply with all related rates and service rules and regulations.

Members grant to the Cooperative the right to enter into agreements for the shared use of the poles and other equipment located on the easements granted by members to the Cooperative and authorizes the Cooperative to make such charges and other considerations it deems appropriate for such joint or shared use.

Page 10

This article is from: