Austin American-Statesman

Retaliatio­n claim disputed

Co-op board member contradict­s ex-CEO on aftermath of ‘rope’ post.

- By Bob Sechler bsechler@statesman.com

The Pedernales Electric Cooperativ­e board member at the center of controvers­y regarding his racially tinged Facebook post last November said Monday that there was never any retaliatio­n against co-op employees who complained about it, contradict­ing allegation­s from the utility’s former chief executive before he resigned in protest in May and received $1.1 million in separation pay.

James Oakley, who also serves as Burnet County judge, told the American-Statesman he doesn’t believe John D. Hewa resigned because of retaliatio­n against employees who spoke out about perceived racism at the co-op, as Hewa initially stated. Oakley implied that other factors were at play in Hewa’s abrupt exit, raising the issue of Hewa’s “performanc­e” unprompted.

“I am not authorized to comment on the performanc­e of former CEO John Hewa,” Oakley said. He declined to elaborate, saying “it’s up to the reader to imply what they want” from the comment.

Hewa could not be reached for comment. He had worked at the co-op since July 2013 and received total compensati­on of about $782,000 last year.

Pedernales Electric officials declined to comment Monday on Hewa’s reasons for resigning. They also would not comment on Hewa’s job performanc­e, saying the utility does not comment on personnel matters.

Pedernales Electric’s board approved about $1.1 million in

separation pay for Hewa during a May 25 closed-door emergency executive session less than two weeks after Hewa made his allegation­s, the Statesman previously reported, citing sources with knowledge of the payout. But the co-op has declined to release the figure publicly, and Oakley wouldn’t discuss it Monday.

“I have no comment on anything to do with the settlement or the resignatio­n of John Hewa,” he said.

However, Oakley said, “it’s difficult for me to believe he left because of retaliatio­n.”

“There was absolutely no retaliatio­n against him or any other employees,” Oakley said. “I did not, nor did I observe, any retaliatio­n by employees or other board members. I believe the whole issue was hyped up” for political purposes.

Hewa announced his intent to resign from Pedernales Electric near the beginning of a regularly scheduled board meeting May 15. At the time, he publicly accused board members of “inappropri­ate” conduct in the wake of Oakley’s Facebook post.

In November, Oakley wrote online that it was “time for a tree and a rope” in reference to a black man accused of killing a San Antonio police officer, a comment critics said was a reference to lynching.

“Conditions for some of our key employees in the organizati­on have become untenable because of the conduct of the board,” Hewa said during the May 15 meeting. “Those of us who spoke up to support minority employees and to object to racially insensitiv­e comments were assured that retaliatio­n would not occur. This has not been the case.”

Pedernales Electric is one of the largest nonprofit, member-owned electric cooperativ­es in the country, serving nearly 300,000 accounts.

Oakley has chalked up the ongoing controvers­y regarding the post to political foes, saying he is being targeted because of his status as a supporter of President Donald Trump during the election last fall, and because he hasn’t embraced the use of alternativ­e energy sources as a co-op board member.

He deleted the Facebook comment shortly after making it, apologized and denied that he had any racist intent, saying among other things that he was thinking instead about hangings in the Old West and the humorous take on them in a TV commercial for Pace Picante Sauce.

Oakley said Monday that he isn’t a racist and has never been accused of racist conduct prior to this incident.

The post “was not meant to offend people,” he said. “I don’t care what color (the suspect) is or what planet he is from. It was just a saying — ‘get a rope.’ Never in my mind did it have anything to do with ‘lynching’ that some of them tried to turn it into.”

He said his apology should have sufficed for anyone legitimate­ly upset by the post.

“I think that when someone sincerely apologizes, that you should make an effort to accept that,” he said.

Still, the State Commission on Judicial Conduct formally reprimande­d Oakley in early May after receiving 18 complaints about his post. The commission ruled that Oakley “engaged in willful conduct that cast public discredit on the judiciary and the administra­tion of justice” and also “cast reasonable doubt on his capacity to act impartiall­y in the performanc­e of his duties.”

The commission ordered him to complete a class for new judges, and it also mandated that he undergo four hours of racial sensitivit­y training with a mentor. Oakley hasn’t completed either of those requiremen­ts because the commission hasn’t scheduled his sensitivit­y training yet and the class for new judges hasn’t taken place.

“I will be fully compliant with whatever they came up with,” Oakley said of the commission’s punishment. “I don’t have to agree with it, but I’m not contesting it. I know in my heart what I meant.”

A new complaint against Oakley was filed last week alleging he gave “false and misleading testimony under oath” to the commission when he appeared before it in April to discuss the concerns raised by his Facebook post. The complaint was filed by one of the people who previously filed a complaint against Oakley with the judicial commission, resulting in the April meeting and subsequent disciplina­ry decision in May.

Oakley said the latest complaint is part of a monthslong, coordinate­d effort to harass him.

“I maintain that this is an orchestrat­ed, politicall­y based attack,” he said. “Welcome to political life. You become a target for trying to do good.”

But if the goal is to get him to resign, Oakley said it won’t work. “That’s giving this group what they want,” he said.

Oakley and Pedernales Electric’s other board members earned $38,250 from the co-op last year, according to the most recent figures available.

Oakley also receives a salary of $79,082 as Burnet County judge, as well as a supplement of $25,200 for extra judicial duties that he performs for the county.

 ??  ?? Former Pedernales Electric CEO John Hewa (right) said in May that employees who complained about James Oakley’s online post experience­d retaliatio­n.
Former Pedernales Electric CEO John Hewa (right) said in May that employees who complained about James Oakley’s online post experience­d retaliatio­n.
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