On Wednesday, Cobb EMC and the plaintiffs of the 2007 derivative lawsuit found themselves back in front of Cobb County Superior Court Judge Stephen Schuster to argue whether or not the board of the directors can rehire former president/CEO Dwight Brown. Attorneys for the EMC claimed that while the settlement agreement forced Brown to retire by February 28, 2011 and not seek employment with the EMC, there was nothing preventing the board of directors from offering Brown his old job back. However, lawyers for the plaintiffs contested that claim, saying the intent of the language was clear: Brown was not to seek employment or be rehired as president/CEO of Cobb EMC.
Both sides presented their arguments and Cobb EMC brought several witnesses to testify to the co-op’s ability to rehire Brown. Judge Schuster did not give a timetable for a decision in the case. Schuster himself was unclear of how he could rule on the issue, as the case was settled in December 2008. When a decision is reached, Take Back Cobb EMC will immediately notify our supporters.
Knowing that the board of the directors has full intention of rehiring a man who, up until recently, faced multiple theft and racketeering charges, further demonstrates the need for new leadership at Cobb EMC. Take Back Cobb EMC is continuing our efforts to pursue new leadership at Cobb EMC through our ongoing petition drive. If we can collect 10% of EMC members’ signatures, we can force Cobb EMC to hold a special meeting and hopefully elect new representation to the board of directors. You can learn more on our website on the “Take Action” page.
To sign the petition online, click HERE.
We can’t wait on the courts to bring new and accountable leadership to the EMC. Only when customers stand up for our rights will we be able to bring Cobb EMC back under member control in which we all have a say in the decisions of our cooperative.
Many other legal issues remain in the fight to Take Back Cobb EMC. We are still awaiting word on if and when the Georgia Supreme Court will hear the appeal of Dwight Brown’s indictment. Sometime in the summer the Georgia Supreme Court will rule on the appeal regarding board elections at Cobb EMC. As soon as any news becomes available, we will bring it to you. Until then, keep checking us on Facebook, Twitter and our website for the latest information.