MEA Director Janet Kincaid will be reprimanded for violating MEA's bylaws by releasing confidential information to her son, a local electrical contractor. MEA's Board of Directors voted without objection to direct President Lois Lester to write Mrs. Kincaid a letter of reprimand for inadvertently releasing information about a confidential matter discussed in executive session.
According to information provided by MEA, Mrs. Kincaid's son, David Kincaid, called an MEA employee after the Aug. 8 Board meeting and asked for details about a specific change in business practices being made by MEA. The employee said he didn't know anything about it.
The employee said David Kincaid then told him "he had talked to his mom (Janet Kincaid) and she told him that they had decided to go to (confidential/redacted) to save money."
The employee said that after he spoke with his supervisor, Director of Engineering Eric Sanford, who also was unaware of the Board's executive session, he talked with David Kincaid again.
"I told David that I had spoken to Eric and that he had not heard anything during the Board meeting. David responded by saying, ‘O.K., I'll check and see what more I can find out.'"
The details of the conversation were reported to General Manager Wayne Carmony, who advised the Board of the breach of confidentiality. "Director Kincaid's release of confidential information is aggravated and made more serious by the potential financial benefits that flow to her own immediate family as a result of the Board's adoption of the Equity Management Plan, Version B (which contains the confidential change in business practices)," says a memorandum from Carmony to the Board.
Carmony said Kincaid released "confidential information of a financial nature...that has a direct economic impact on the business of her son, David Kincaid, owner of Utility Construction of Alaska."
Kincaid's detractors and defenders spoke during the public comments section of the meeting. Former Board member Bill Folsom, representing an organization of former Board members called Friends of MEA, read a prepared statement calling for "the most severe penalty" if the present Board found that Kincaid violated MEA's bylaws. Other MEA members called for her resignation.
Former Director Michael Janecek defended Mrs. Kincaid and praised her actions, as did several other MEA members.
{mosimage}Kincaid also addressed a report that she violated a Board policy ("102-1(E)") that forbids directors from discussing "management and personnel issues with the Staff or employees of the Association," instead directing them to contact the General Manager, the sole MEA employee who works for the Board.
The Board heard an explanation from Kincaid, then voted 4-1 not to sanction Kincaid for violating that policy. Directors Hurley, Burchell, Lester and Kincaid voted against sanctioning Director Kincaid on allegations of violating the Board policy.
Carmony was not asked for any additional information and did not participate in any of the discussion regarding the allegations of Director Kincaid's misconduct.