Arguments heard in suit against East Side Water

By: ELIZABETH WEST
Associate Editor

Randall Brown’s suit against East Side Water System made its way into Judge Gary Ortego’s court room Tuesday.
Brown, who is being represented by attorney Jonathan Vidrine, decided to bring the suit against East Side Water System after the board created a new requirement for validating elections. The board created a policy that stated that at least 50% of people who purchase their water from East Side Water System must vote in a board election for the election to be considered valid. Brown was also suing for access to some of East Side Water System’s records.
Vidrine stated, “Historically there has never been a 50% turnout for an East Side Water vote.” This fact concerned Brown and others who receive water from the East Side Water System.
Roy Fontenot, a concerned member of the East Side Water System, said, “Board members will be there for life if 50% of voters have to vote to validate an election because we have never had that high of a percentage turn out.”
According to Fontenot, only 21% of voters voted in the most recent election held to fill a vacancy on the seven person board.
Once settling into court, Judge Ortego gave attorneys from both sides a chance to argue their case.
Jacob Fuselier, who is representing East Side Water System, was first to argue his case. When addressing Brown’s suit, Fuselier stated, “You are required to have at least 5% of the total shareholders agreeing with Mr. Brown and then they can petition in writing to see the books. Mr. Brown is only a single share holder.”
Fuselier then continued by saying, “If they got enough signatures they would then have to say what they exactly want to look at in the books.” According to Fuselier, all of this information cannot just be turned over to shareholders because there is private information about employees in these books.
Fuselier said, “One shareholder cannot show up at an Exxon board meeting and begin telling the board what to do because just like East Side Water System they are not a public governed body.”
When addressing the changes made to voting by the East Side Water System, Fuselier added, “Changes made to voting happened in 2003.”
In a situation like this someone only has two years since discovery or three years since the incident to file a suit against a corporation.
Fuselier requested for the judge to order the removal of the opposing party’s pleading to the court concerning this matter because by law to much time has passed.
When it was Vidrine’s time to speak he opened up with, “Maybe if the courts or legislators in Texas would have let Exxon shareholders say something thousands of people wouldn’t have lost their jobs.” He then stated, “We are prepared to add the required amount of names and file as a Writ of Mandamus.”
According to Vidrine, the change in the process of voting took place in 2015, not 2003.
The court proceedings ended with Judge Ortego giving Vidrine and his client 30 days to amend their current suit and file using proper procedure. Judge Ortego also gave Fuselier 15 days to acquire the minutes from all East Side Water System board meetings held in 2014 and 2015.
Judge Ortego will look through the minutes himself. “We are going to do what is right and fair by everyone involved,” said Judge Ortego..