About Board of Director Qualifications- La Jicarita Rural Telephone Cooperative

The MISSION and VISION of La Voz de Mora has been: INFORM, COMMUNICATE, EDUCATE, REFLECT AND SHARE YOUR OPINION on different topics of local interest and State as well.

OPINION THE MEMBERS ABOUT THE BYLAWS

 This is a very interesting subject of interpretation and application of the Jicarita By-Laws. We spoke with other members and they would like to see more transparency with the application of the bylaws. 

Reading the Bylaws, the Article IV, Section 5 of the By-Laws, has a precise rule for Board Qualifications: a.- “The member must reside in the service area from which he is a candidate.” There is not any reference to the State Status (1-1-7 Residence; rules for determining). Maybe is time for amendments and make clarifications about it –  

Although, The 2015 New Mexico Statutes, Section 1-1-7 , have some guidance about rules of residences, that rules are only for voting rights,  and  we quote: “1-1-7. Residence; rules for determining. For the purpose of determining residence for voting, the place of residence is governed by the following rules:

2015 New Mexico Statutes
Chapter 1 - Elections
Section 1 Definitions and General Provisions
Section 1-1-7 Residence; rules for determining.

Universal Citation: NM Stat § 1-1-7 (2015)

1-1-7. Residence; rules for determining.

For the purpose of determining residence for voting, the place of residence is governed by the following rules:

A. the residence of a person is that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return;

B. the place where a person's family resides is presumed to be his place of residence, but a person who takes up or continues his abode with the intention of remaining at a place other than where his family resides is a resident where he abides;

C. a change of residence is made only by the act of removal joined with the intent to remain in another place. There can be only one residence;

D. a person does not gain or lose residence solely by reason of his presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation;

E. no member of the armed forces of the United States, his spouse or his dependent is a resident of this state solely by reason of being stationed in this state;

F. a person does not lose his residence if he leaves his home and goes to another country, state or place within this state for temporary purposes only and with the intention of returning;

G. a person does not gain a residence in a place to which he comes for temporary purposes only;

H. a person loses his residence in this state if he votes in another state in an election requiring residence in that state, and has not upon his return regained his residence in this state under the provisions of the constitution of New Mexico;

I. "residence" is computed by not including the day on which the person's residence commences and by including the day of the election;

J. a person does not acquire or lose residence by marriage only.

So, the interesting questions for the Board of Director, and the Members owners of La Jicarita Cooperative are:

 1.-  What is the real residence of the Board Member which qualifications that are in question and, has he one or two residences? 2.- Does he have the right to vote as a member of the Cooperative; and, does he meet the qualifications to remain as a Board of Director? 3.-Should the members in regular or special meeting exercise the right to amendment the By-laws of La Jicarita, Article XII or start a petition signed to remove officers?

Remember the term of the directors is not for life time, and is not inherited. You  can run to become a Board of Director in September 2022. What do you want to do? The power is in your hands!