Sources tell PEC Truthwatch that a lawsuit filed by Director Chris Perry against PEC has been dropped by Mr. Perry. It is unclear, however, whether a countersuit reportedly filed against Mr. Perry by PEC has been also been dropped.
Mr. Perry did not return my phone call to him seeking clarification on this matter.
It was reported on PEC Truthwatch (August 14, 2015) and subsequently on (September 12, 2015) that PEC Director Chris Perry had gone to District Court court seeking summary judgement in a lawsuit (Chris Perry vs. PEC, Cause No CV07876) that he had filed against the cooperative. He and his lawyers, along with PEC attorneys, appeared before District Judge Evan C. Stubbs in mid-August.
The court issued a judgement against the plaintiff, Mr. Perry, denying his traditional motion for summary judgment.
According to a copyrighted article that appeared in Texas Electric News on June 25, 2015, Mr. Perry sued PEC early this year requesting that “PEC be compelled to furnish all requested information; that certain code of conduct provisions be declared invalid; and the plaintiff be awarded reasonable attorney’s fees for bringing this action”.
The article further reported that “after his re-election in 2013, Perry sought access to information about the contract PEC has with LCRA, which supplies up to 84% of the co-op’s power. As the information was not readily provided and the Board proposed to charge for Perry’s staff time, Perry sued the board in early May, 2015.”
Mr. Perry’s personal legal fees for his suit are reportedly in the $40,000 range. If Mr. Perry asks PEC members to pay his fees it is unclear what action the board may take. Such an action would almost certainly require a board resolution. Of course PEC’s legal fees defending Mr. Perry’s lawsuit will also be substantial and members will be obligated to absorb those costs.
It is time now for PEC to be fully transparent about this matter and report to the members on the status of these lawsuits and their estimated legal fees.
Mr. Perry is in the final year of his second term. Word on the street is that former Hays County Judge Jim Powers intends to run for his seat.