BCDA faces election conflict
March 12, state Rep. Johnny Mack Morrow facilitated a press conference at the Bear Creek Development Authority.
The purpose of this press conference, Morrow said, was to give BCDA Chairperson Tricia Montgomery a letter from concerning her position as chairperson of the board and recent events that challenged that position.
In attendance at the press conference were chief examiner of public accounts Rachel Riddle, deputy director of the legal division of legislative services John Treadwell, Montgomery and BCDA board member Mark McNatt, among others.
Morrow said he received the letter from Treadwell March 9 and put together the press conference to share its contents.
Treadwell’s letter detailed events that led to Montgomery losing her position as chairperson to Connie Morrison by a vote taken at a Feb. 9 board meeting and the investigation into that election afterward.
Jan. 8 Shannon McKinney emailed the board of directors to schedule a meeting for Jan. 12. That meeting was canceled because of inclement weather. Jan. 31 McKinney emailed the board of directors again and scheduled a meeting for Feb. 9.
“Neither of the emails from Shannon McKinney stated that an election of officers would take place at the meeting,” Treadwell said in his email.
Nevertheless, an election of officers was held at the meeting, at which nine of the 14 board members were in attendance. Morrison was reportedly elected by a 5-4 voice vote to be the new chairperson.
Certain BCDA board members brought to Morrow’s attention that the proper procedures for conducting meetings and votes were not followed. An investigation with the Legislative Services Agency followed, and March 9 Treadwell sent the letter to Morrow explaining three potential challenges with the board of directors’ actions.
“It seems that things were not done according to the bylaws,” Morrow said.
First, he manner of voting was mentioned. Bylaws state that an election of officers must be conducted by a secret ballot and “chosen by a plurality of the votes cast.” At the Feb. 9 meeting, secret ballots were not used.
Second, the notice of the meeting was mentioned. BCDA bylaws state every regular meeting must be prefaced by a written notice with the time, date, place and purpose of the meeting. The notice is to be mailed with the postage prepaid at least 10 days prior to the meeting. Since the Feb. 9 meeting was notified by email and not written mail, it can be subject to challenge.
Third, the notice of the purpose of the meeting was mentioned. In the notice of the Feb. 9 meeting, an agenda was attached, but it did not mention an election of officers, which violates the bylaw stating that the purpose of the meeting must be in the notice.
“The board has got to make some decisions now. It appears to be a dysfunctional system,” Morrow said.
According to Treadwell’s letter, “legislation could be drafted to dissolve or reform the Bear Creek Development Authority to revise the membership of the authority.”
Alternatively, a “sunset review” could be conducted to review the BCDA. This would include an “in-depth review of the activities of the board, including the board of directors and an evaluation… regarding finances and compliance with certain legal requirements.”
“The BCDA is important to the people, and I want the facilities to be the best. For that, there has to be a good board and good employees to make it happen,” Morrow said.
Calls to Montgomery for comment were not returned prior to press deadline.
