To: board@tva.gov
July 24, 2018
Mary Margaret Painter
TVA Senior Board Services Specialist
Ms. Painter,
This is a follow-up to my letter of July 20, 2018. Please inform the TVA Board that I have reluctantly filed a whistleblower complaint against TVA for targeting me for removal from the TVARS Board of directors through passage of the following amendment to Section 3(2) of the TVARS rules:
"An individual is eligible to serve as a director of the board (either elected, appointed, or selected) no more than three full 3-year terms. Any partial term less than 3 years for which an individual has been elected, appointed, or selected under the provisions of this section 3(2) for the unexpired portion of a predecessor’s term does not count toward this term limit of three full 3-year terms. Notwithstanding the above, any individual who has already served as a director for three full 3-year terms as of the effective date of this provision will be eligible to continue as a member of the board for the remainder of the director’s current 3-year term."
This amendment is structured in such a way that of the current TVARS directors, I am the only one who is disqualified from ever serving on the TVARS Board again. This is quite clever, but underhanded. It disqualifies any director who has already served more than three full terms, of which I am the only one. Furthermore, this amendment is structured in such a way that TVA-appointed directors can easily serve an unlimited number of future years, while employee-elected directors would find this very difficult. TVA-appointed directors can easily be removed and appointed by TVA at will. A TVA-appointed director can be appointed by TVA to serve an indefinite number of future partial terms of an “unexpired portion of a predecessor’s term” which “does not count toward this term limit of three full 3-year terms.” Employee-elected directors could only do this if a current employee-elected director resigns and a time-consuming election process is undertaken to fill the remaining term.
I would like to ask the TVA Board to please veto this amendment and stop adding to the damage this has already done to TVA’s image and reputation.
Sincerely,
Leonard J. Muzyn, Jr., CFA
TVARS Board Director
TVA Energy Market Analyst III
July 24, 2018
Mary Margaret Painter
TVA Senior Board Services Specialist
Ms. Painter,
This is a follow-up to my letter of July 20, 2018. Please inform the TVA Board that I have reluctantly filed a whistleblower complaint against TVA for targeting me for removal from the TVARS Board of directors through passage of the following amendment to Section 3(2) of the TVARS rules:
"An individual is eligible to serve as a director of the board (either elected, appointed, or selected) no more than three full 3-year terms. Any partial term less than 3 years for which an individual has been elected, appointed, or selected under the provisions of this section 3(2) for the unexpired portion of a predecessor’s term does not count toward this term limit of three full 3-year terms. Notwithstanding the above, any individual who has already served as a director for three full 3-year terms as of the effective date of this provision will be eligible to continue as a member of the board for the remainder of the director’s current 3-year term."
This amendment is structured in such a way that of the current TVARS directors, I am the only one who is disqualified from ever serving on the TVARS Board again. This is quite clever, but underhanded. It disqualifies any director who has already served more than three full terms, of which I am the only one. Furthermore, this amendment is structured in such a way that TVA-appointed directors can easily serve an unlimited number of future years, while employee-elected directors would find this very difficult. TVA-appointed directors can easily be removed and appointed by TVA at will. A TVA-appointed director can be appointed by TVA to serve an indefinite number of future partial terms of an “unexpired portion of a predecessor’s term” which “does not count toward this term limit of three full 3-year terms.” Employee-elected directors could only do this if a current employee-elected director resigns and a time-consuming election process is undertaken to fill the remaining term.
I would like to ask the TVA Board to please veto this amendment and stop adding to the damage this has already done to TVA’s image and reputation.
Sincerely,
Leonard J. Muzyn, Jr., CFA
TVARS Board Director
TVA Energy Market Analyst III
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