14 members of the Decatur County REMC have taken legal action against the CEO and Board of Directors of the Decatur County REMC. A complaint was filed in Decatur Superior Court and a statement has been released from the Decatur Courty REMC. Attorneys for the Plaintiffs have laid out allegations in a 23 page document and a request made for a jury trial.
Count 1 alleges fraud involving a report known as the Molly McPherson report. According to the court document, plaintiffs and other members of the DCREMC Board of Directors were told the purpose of the report was to create a communication plan between the DCREMC and its members but that the stated purpose was false.
Count 2 alleges Breach of Contract involving the CEO.
Count 3 alleges Fiduciary Duty on the part of all defendents by failing to act in the best interest of the DCREMC and its members.
Count 4 alleges Fraud involving favortism in rate making.
Here is the statement released today from the Decatur County REMC.
Greensburg, Indiana – February 28, 2025 – The Decatur County REMC Board of Directors is aware of the recent legal complaint filed against members of our board and CEO. Our firm response to the filing is that there are no valid claims in the complaint and that the allegations are simply untrue. Since the filing of the complaint, a petition has been created calling for the removal of a board member. The petition contains the same untruthful claims used in the original complaint and have not been validated by any court. In both the complaint and the petition, the issues cited by the plaintiffs have already been addressed by our staff and board members, and in many cases multiple times, over the course of the past several months (and years.) Following board policy, written questions and letters submitted to our board have received factual, written responses, however the plaintiffs are unsatisfied with the answers and have filed the complaint to express that dissatisfaction. Additionally, the board views the petition as just another tactic from a group of disgruntled members who insist on forcing the board to meet their demands. Our board follows the rules, policies and procedures of the REMC’s bylaws to govern the cooperative in a fair, responsible and legal manner. Those bylaws will not be overlooked to meet the demands of any individual or group. Working with our legal counsel, we will file a response to address each specific item in the complaint and look forward to resolving this matter. During the course of this civil litigation process we cannot provide additional comments regarding the complaint, but consistent with any applicable legal rules, we will release new information as it becomes available. The board and management team are committed to making decisions that are in the best interest of our entire membership and to providing safe and reliable power to each and every one of our 6,800 members. Our Board of Directors were elected to govern and guide the cooperative and will continue to do so — putting the operations of the cooperative and service to our members first.
End of Statement from Decatur County REMC
According to a letter to the Decatur County REMC Board from Matthew Land with the Law Firm of Waldron/Tate/Bowen/Land on behalf of his clients – May 20th of last year, answers to 5 concerns were sought. According to court documents, the response was that the Board of Directors would like to thank them for their questions, interaction and clarifications requested for additional information regarding current DCREMC tariffs and solar rates. Based on information provided to DCREMC staff, the board believed the questions had been addressed and answered. According to court documents, the plaintiffs state that they have been given generic answers to questions submitted throughout 2024.
The court case was filed January 28th. On February 24th, the defendents filed for an extension of time to answer the complaint.
