Jemez Mountains Electric Cooperative Inc

“The cooperative was formed by the members to provide electric service at cost on a cooperative basis.”

“The members of the cooperative vote on the board of trustees on a district basis at the respective district meetings. The members also vote on the one "at large" trustee on a cooperative wide basis as part of the annual meeting. Elections are done on a one member one vote basis.”

“The following acts require approval of the members of the cooperative: 1. Dissolution/liquidation of the cooperative 2. Merger or consolidation of the cooperative with another organization 3. Disposal of a substantial portion of the cooperative's assets 4. Amendment to the articles of incorporation 5. Amendment to the bylaws”

“The cooperative has no committees with authority to act on behalf of the governing body. Therefore, and pursuant to form 990 instructions, the question has been answered "no".”

“Management reviews the form 990, then provides a copy to the board of trustees for discussion and review.”

“Officers are required to review and be familiar with the policies outlined in the cooperative's conflict of interest policy. Officers are required to disclose any action or situation that might violate the policy to the full board of trustees as soon as possible. Additionally, the bylaws disqualify a trustee from serving on the board if he/she is, in any way, financially interesed in a competing enterprise or a business selling electric energy or major supplies to the cooperative.”

“When determining the compensation of the general manager, the board of trustees utilize a compensation survey to obtain compensation data for general managers of other electric cooperatives located in the cooperative's geographic region. Adjustments to compensation are deliberated and approved by the board of trustees. The board and the general manager use the expertise a compensation survey when determining the compensation of the cooperative's other employees meeting the definition of officer and key employees, if any. The survey includes salaries from similarly situated cooperatives located in the cooperative's geographic region. Adjustments to compensation are deliberated and approved by the board of trustees.”

“The cooperative provides a summarized copy of the financial statements to the members of the cooperative at the annual meeting. Addditionally, the articles of incorporation, bylaws, board policies (including the conflict of interest policy), and the most recent completed set of audited financial statements are located on the cooperative's website at www.jemezcoop.org.”

“The cooperative annually provides each trustee who served on the board during the year a questionnaire and time log. The completed questionnaires and time logs are used to complete the applicable questions on the form 990 pertaining to business relationships among trustees, officer and key employees, as well as to determine if there are any transactions which must be reported in detail on schedule l - transactions with interested persons. If the cooperative was unable to obtain a completed questionnaire and/or time log, the cooperative relied upon the completed information for the prior year. Trustees marquez, naranjo, h trujillo, and jarmillo retired from the board and did not complete a questionnaire. Therefore, their prior year questionnaire was relied upon while preparing the return. There were no known changes from 2020 to 2021.”

“In order to provide retirement benefits to its employees, the cooperative has established a defined contribution plan under section 401(k) of the internal revenue code. The cooperative contributes based on a percentage of the participating employee's salary as determined under the plan document. Employer contributions are available to participating employees, including officers and highly compensated employees, meeting the eligibility requirements of such plan. The cooperative also provides health, dental, and life insurance to eligigle employees through a qualified plan. The amounts reported on part vii, column (f) for officers and highly compensated employees are comprised of the contributions to the 401(k) deferred contribution plan and the insurance premiums paid for their benefit.”

“Patronage dividends result from the purchase of wholesale power from a generation & transmission cooperative. Patronage dividends also result from the payment of interest from cooperative banks and the purchase of supplies and services from other cooperative organizations. The expenses associated with purchases from and payments to such cooperative organizations are a direct component of cost of the electric service provided by the cooperative to its members.”

“The coronavirus aid, relief, and economic security act (cares act) established the paycheck protection program (ppp) to provide loans to small businesses as a direct incentive to keep their workers on the payroll. The loans are forgiven if all employee retention criteria are met and the funds are used for eligible expenses. During 2020, the cooperative applied for and received a loan of $1,418,344. After fulfilling the requirements of the program, the cooperative applied for and was granted loan forgiveness. Because the nature of the program is comprised of a bona fide loan followed by loan forgiveness, the amount forgiven was recorded as income. Although the instructions to form 990 state that the amount of ppp loans that are forgiven may be reported on line 1e as contributions from a governmental unit, the cooperative has chosen to report the ppp loan forgiveness as other income on line 11a.”

“In general, when an electric cooperative bases the patronage dividend calculation on its net book income/(loss), page 1, part i, line 19 - revenue less expenses - will be $0. For the current year, page 1, part i, line 19 reports net income of $855,516, which is the effect of net margins offsetting prior year losses. The following schedule is provided to further explain the impact of this transaction: (a) - net income on page 1, part i, line 19 $ 855,516 (b) - benefits paid to members (i.e. Patronage dividends), part i, line 14 $ -0- total 2021 net margin per financial statements (a + b) $ 855,516”

“The accounting records of the cooperative are maintained on the accrual basis using the rural utilities service's (rus) prescribed uniform system of accounts (usoa). The usoa does not record expenses in the general expense categories provided on part ix lines 1-23. The cooperative separately reports salaries and wages, employee benefits and payroll taxes that are allocated in accordance with its accounting system, but other expenses that are described in lines 1-23 are reported on line 24 under the expense categories required by the usoa.”

“Salaries and wages are allocated to asset, liability, and expense accounts based on the accounting system described above. The following schedule reconciles amounts reported on lines 5-7 to the total wages accrued and/or paid: total per lines 5-7 $ 5,912,390 less: trustee fees reported on forms 1099-nec (86,768) less: employee officer benefits included in line 5 (21,534) plus: salaries and wages capitalized directly to plant 986,654 plus: salaries and wages capitalized/expensed indirectly through clearing and other accounts 507,079 total wages accrued and/or paid $ 7,297,820”

“Administrative and general expense is comprised of the following: administrative & general salaries, benefits, & other $ 1,732,826 office supplies 40,383 outside services 154,611 injuries & damages 210,949 information technology 328,114 duplicate charges (credit) (120,595) miscellaneous general 1,119,664 trustees 135,023 trainings & meetings 216,058 rate rider 964,647 maintenance of general plant 239,847 total admin & general exp per financial statements $ 5,021,527 less: reclass of donations to part ix, line 1 (3,456) less: reclass of trustee fees to part ix, line 5 (86,768) less: reclass of labor to part ix, lines 5 & 7 (1,291,938) less: reclass of benefits to part ix, lines 8-10 (349,967) total admin & general expense per form 990, part ix $ 3,289,398”

“Pursuant to the form 990 instructions, the amount of patronage dividends paid to the members (hereinafter referred to as "patrons") should be reported on part ix, line 4. The phrase "patronage dividends paid" refers to the process, subsequent to year-end, by which the cooperative allocates patronage capital to and, therefore, operates at cost with its patrons. The cooperative's tax exempt purpose is to provide electricity to its patrons and to do so on a cooperative basis. Tax law defines "operating on a cooperative basis" as subordination of capital, democratic control, and operation at cost. The cooperative operates at cost through the allocation of true patronage dividends (also referred to as allocations of patronage capital) to its patrons. Patronage dividends are considered paid if the allocation is made (1) pursuant to a pre-existing obligation, (2) from the margins produced from the transactions done with or for patrons, and (3) in a fair and equitable manner on the basis of patronage (i.e. Purchases). Additionally, the allocation of patronage dividends should be made within a reasonable time period after the close of the cooperative's year-end of december 31. Each one of these requirements for a true patronage dividend is provided for in the non-profit operation article of the cooperative's bylaws. The amount reported on part ix, line 4 represents the amount of patronage capital that is to be allocated to the patrons resulting from their purchase of electricity from the cooperative for the 2021 calendar year. Because patronage dividends are the process by which the cooperative operates at cost with its patrons and thereby a key component to accomplishing its exempt purpose, the cooperative has reported such amounts as an expense for form 990 reporting. Patronage dividends are not an expense for financial statements prepared in accordance with generally accepted accounting principles, however.”

“Other expenses is comprised of the following: other deductions $ 15,796 taxes 742,975 transmission 15 total other expenses per form 990, part ix $ 758,786”

“Net change in memberships 710. Capital credit reclassification -289,194. Patronage capital retired -113,856.”

“Appointed members of the board of trustees serve on the audit committee. This committee is responsible for overseeing the financial statement audit and for recommending the independent financial statement auditor to the full board of trustees. Procedures remained unchanged during the year.”