Section 1. Qualifications and Obligations. Any individual or entity may become a member of the Cooperative by:
- Paying the membership fee hereinafter specified;
- Agreeing to purchase from the Cooperative electric service by executing a membership agreement in a form proposed and approved by the Cooperative; and
- Agreeing to comply with and be bound by the Articles of Incorporation of the Cooperative and these bylaws and any amendments thereto and such rules and regulations as may from time to time be adopted by the Board of Directors, provided, however, that no individual or entity shall become a member unless and until accepted for membership by the Board of Directors. No individual or entity may own more than 1 membership in the Cooperative.
An “entity” includes any domestic or foreign: business or nonprofit corporation; cooperative; unincorporated association; limited liability company; partnership; trust; estate; and local, regional, state, federal, or national government, including an agency or division of a government.
Married individuals may jointly become a member and their application for joint membership may be accepted in accordance with the foregoing provisions of this section provided both spouses comply jointly with the provisions of the above subdivisions (a), (b), and (c). Except as otherwise provided in these bylaws, a joint member has and enjoys the rights, benefits and privileges, and is subject to the obligations, requirements, and liabilities of being a member. For a joint membership:
(a) Notice of a meeting provided to a joint member constitutes notice to both members.
(b) The presence of a joint member or both joint members at a meeting constitutes the presence of one member at the meeting.
(c) If only one joint member votes on a matter, signs a document, or otherwise acts, then the vote, signature, or action binds the joint membership and constitutes one vote, signature, or action.
Section 2. Membership Fee. The membership fee shall be $25, payment of which shall make the member eligible for one or more service connections.
Section 3. Purchase of Electric Service. Each member shall, as soon as electric energy shall be available, purchase from the Cooperative electric energy used on the premises specified in said members' application for membership, and shall pay therefore monthly at rates which shall from time to time be fixed by the Board of Directors; provided, however, that the Board of Directors may limit the amount of electric energy which the Cooperative shall be required to furnish to any one member. It is expressly understood that amounts paid for electric energy in excess of the cost of service are furnished by members as capital and each member shall be credited with the capital so furnished as provided in these bylaws. Each member shall pay to the Cooperative such minimum amount per month regardless of the amount of electric energy consumed, as shall be fixed by the Board of Directors from time to time. Each member shall also pay all amounts owed by said member to the Cooperative as and when the same shall become due and payable.
Section 4. Non-Liability for Debts of the Cooperative. The private property of the members of the Cooperative shall be exempt from execution for the debts of the Cooperative and no member shall be individually liable or responsible for any debts or liabilities of the Cooperative.
Section 5. Expulsion of Members. The Board of Directors of the Cooperative may, by the affirmative vote of not less than 2/3 of the members thereof, expel any members who shall have violated or refused to comply with any of the provisions of the Articles of Incorporation of the Cooperative or these bylaws or any rules or regulations adopted from time to time by the Board of Directors. Any member so expelled may be reinstated as a member by a vote of the members at any annual or special meeting of the members. The action of the members with respect to any such reinstatement shall be final unless and until a new cause for expulsion arises.
Section 6. Withdrawal of Membership. Any member may withdraw from membership upon payment in full of all debts and liabilities of such member of the Cooperative and upon compliance with such terms and conditions as the Board of Directors may prescribe.
In the event a membership is terminated, canceled, withdrawn, whether voluntarily or involuntarily, the former member’s rights and interest in the assets of the Corporation will not be forfeited.
Section 7. Transfer and Termination of Membership.
- Membership in the Cooperative and a certificate representing the same shall not be transferable except as hereinafter otherwise provided, and upon the death, cessation of existence, expulsion or withdrawal of a member the membership of such member shall thereupon terminate, and the certificate of membership of such member shall be surrendered forthwith to the Cooperative. Termination of membership in any manner shall not release the member from the debts or liabilities of such member to the Cooperative.
- A membership may be transferred by a member to himself or herself and his or her spouse, as the case may be, jointly upon the written request of such member and compliance by such married individuals jointly with the provisions of subdivisions (b) and (c) of Section I of this article. Such transfer shall be made and recorded on the books of the Cooperative and such joint membership noted on the original certificate representing the membership so transferred.
- When a membership is held jointly by married individuals, upon the death of either spouse such membership shall be deemed to be held solely by the survivor with the same effect as though such membership had been originally issued solely to him or her, as the case may be, and the joint membership certificate may be surrendered by the survivor and upon the recording of such death on the books of the Cooperative the certificate may be reissued to and in the name of such survivor; provided, however, that the estate of the deceased shall not be released from any membership debts or liabilities to the Cooperative.
Section 8. Removal of Directors and Officers. For removal of an Elected Director, any member may file charges against any officer or director by delivering a written statement of such charges to the Secretary of the Cooperative accompanied by a petition signed by not less than 5% of the total membership of the Cooperative, requesting a hearing and trial of the officer or director on the charges and/or any amendments thereto prior to the trial at the membership meeting - regular or special - as requested in the petition. At such hearing the member or members filing the charges and the charged official or director shall present evidence and argument in support of any defense of the charges either in person or by counsel. A majority vote of the members present shall be required to sustain the charges and remove such director or officer.
Section 9. Membership List. The Cooperative shall maintain a record of current Members in a form permitting the Cooperative to alphabetically list the names and addresses of all members (“Membership List”).
Upon five (5) business days prior written notice or request to the Cooperative, a member in good standing may: (1) inspect and copy the Membership List at a reasonable time and location determined by the Cooperative, or (2) pay the Cooperative a reasonable charge determined by the Cooperative covering the labor and material cost of preparing and copying the Membership List, and the Cooperative must provide the member a copy of the Membership List. A member may inspect, copy, or receive a copy of the Membership List only if, as determined by the Cooperative: (1) the member’s notice or request is made in good faith and for a proper purpose; (2) the member’s written request describes with reasonable particularity the purpose for which the member will use the Membership List, and acknowledges that the Membership List will not be used for any other purpose; and (3) the Membership List is directly connected with the member’s purpose. Except as otherwise provided by the Board, a member may not: (1) use the Membership List for a purpose unrelated to the member’s interest as a member, (2) use the Membership List to solicit money or property, (3) use the Membership List for a commercial purpose, or (4) sell the Membership List.