Bertrand questions Eastside Water operation
James Bertrand, owner of a bonding service in Ville Platte, said he was recently hired as a private investigator to look into the Eastside Water System and the way its board conducts business.
Bertrand claimed the board holds closed meetings and does not allow “members” (those served by the water system), to attend these meetings. Bertrand stated he believes the way the board holds its meetings is illegal and it should be open to all “members” of the water system. In a written statement, Bertrand said, “I hold a membership at the Eastside Water System. By being a member, I am a stockholder. And by membership, I am allowed to be on the property as long as I am not causing a disturbance or inciting negative behavior.”
In addition to the attending of meetings, Bertrand claims the board has failed to produce financial information requested by “members.” This includes payroll records, expense reports and disconnection of water service records.
Bertrand also said he believes the board should follow state election laws when holding its board member election, something he said they are not doing. He claimed that since they are using state furnished polling machines that they should have to follow state election laws, which means board members should not be allowed within a certain distance of the polling machines, as well as all other state regulations.
While The Gazette was unable to discuss the election process with board members or the board’s legal counsel, attorney Jacob Fuselier, the paper did receive a copy of an attorney general’s opinion, courtesy of Bertrand, that states “it is the opinion of this office that Eastside Water System Inc., a non-profit corporation, is not subject to Louisiana’s Open Meetings Law or Public Records Law.” This opinion clarifies that while the board does not have to hold open meetings or produce records at the request of “members” due to its classification, according to the rules set forth in the board’s articles of incorporation and by-laws, it does have to notify “members” of upcoming meetings and give them the opportunity to attend these meetings, as well as allow “members” access to review records of the corporation.
Bertrand said he is currently circulating a survey that asks “members” to rate various aspects of the operation of the Eastside Water System on a 10-point scale.
According to Fuselier, who serves as the board’s legal counsel, “members” are allowed to attend the annual shareholders meeting, which was held on Monday, February 16, on the day of the board member elections.
What Bertrand said he hopes will happen is that the board will begin opening its doors to “members” and be more forthcoming with its records. However, Bertrand also stated prior to the recent election that he would be visiting “members” of the water system with a petition to have the current board removed and to “start fresh” with a new board.