Committee to Remove
the Pacifica Board
"When contempt and
arrogance rule, Pacifica loses its soul, its purpose, its values."
-- the late Samori Marksman, former WBAI
Program Director
WE WON!
Settlement Agreement
returns Pacifica Board to defenders of Pacifica’s founding principles – Interim
Board created to address the many critical issues facing the Pacifica Radio Stations
& to begin the rebuilding (see summary below) – New bylaws to be adopted for
election of local and national boards.
Now – Please help
us pay off the remaining legal expenses it took to win this hard-fought 2-1/2
year legal battle – We still need roughly $100,000 to pay for the tremendous
full-time dedication of our lawyers & their staff of paralegals,
secretaries, and research assistants to bring us to this long hoped for
conclusion. Thank You!
Important -- We
can't do this without you!
There are 2 funds supporting the listeners' suit --
tax-deductible & non-tax
deductible. If you don't itemize your taxes or don't need the deduction,
please choose the non-tax deductible option in order to save us a small
administrative overhead fee. Thanks!
NON TAX-DEDUCTIBLE gifts to our legal fund can be made payable and mailed to:
Committee to Remove the Pacifica Board
1136 Wild Rose Drive
Santa Rosa, CA 95401.
or on-line through Paypal go to http://www.paypal.com/. You will need to
give them our email address: wildrose@pon.net.
Or ... TAX DEDUCTIBLE gifts in any amount can be made payable and mailed to:
Marin Health Fund/Public Media Initiative
(you can abbreviate: "MHF/PMI")
P.O. Box 5402
Mill Valley, CA 94942.
You will receive tax deduction receipt from them. Also, the MHF/PMI has a
special account to receive gifts of stock in support of the listeners' lawsuit.
For details contact Linda Remy at mhf1982@pacbell.net
MHF/PMI can an receive gifts on line at
Web Page: http://www.guidestar.org/helping/donate.adp?ein=94-2860344
Thank you!
California Attorney General and Pacifica
Radio Listener-Sponsors' Lawsuit
To Restore Pacifica to its Founding Principles
And to remove the illegally seated Pacifica
directors, and for democratic bylaws and elections of directors and local
station boards at Pacifica's five radio stations,
and for legal "membership" status and voting rights for Pacifica
Radio's listener-sponsors.
Sign a
Declaration to the Court supporting our suit click here. Please copy & distribute
Declaration forms at meetings, demonstrations, etc. We will continue collecting these declarations until trial in
January.
Subscribe
to our email news -- send the word "subscribe" please tell us what station you listen to, too.
Contribute
to our legal fund
Legal
Documents Archive -- To read documents served
and received to date (as quickly as we can get them scanned) click here.
|
Important -- We can't do this without you! |
|
Read the California Joint Legislative
Audit Committee Report on Pacifica issued June 2000. Click
here. |
|
"But seriously, I was under the impression there was support in the proper quarters, and a definite majority, for shutting down that unit and re-programming immediately." -- Pacifica Director Micheal Palmer From Principles to Principals: The Fight for Free Speech Radio -- by Lyn Gerry, from Alternative Media Review, Spring 2000 |
|
ENDGAME
AT PACIFICA? THE
WASHINGTON MANAGEMENT TARGETS AMY GOODMAN (With
a Call to Action) [10/20/2000] |
|
"I left because the Pacifica....I had ...fallen in love with....no longer existed. and I left because I refused to lend my name...my voice... my energies to a farce." -- Verna Avery-Brown, "Sometimes the View is Better from the Rear View Mirror" |
|
"The concern, though, is that the Pacifica board has zeroed in on the tradition of feisty public affairs and journalism as what has to go if they want to please the grant makers, foundation heads and politicos in Washington. That seems to be the only audience they care about." -- Robert McChesney, "Media Matters: Monopolies, Pacifica, NPR & PBS" |
|
"As Pacifica Radio News Director last year, I found myself in meetings with representatives from Microsoft, from Public Radio International, from the Corporation for Public Broadcasting. [They were] telling Pacifica about news coverage or how to restructure the network or how to sell stations or how to subcontract out station management if a sale is not politically possible or why to receive corporate underwriting, or why to shift entirely to webcasting." -- Dan Coughlin, "The Digital Divide: What Price the Satellite?" |
December 13, 2001
PACIFICA LAWSUITS SETTLED!
Dear Friends,
An "official" announcement will come from the
plaintiffs in the 4 lawsuits soon. We were all so tired at the end of 2
days at the court (14 hours on Tuesday & another 6 hours on Wednesday)
working with the judge, our lawyers, the defendants & their lawyers, to
come to a settlement agreement -- and with planes to catch, phone calls to
make, going in to KPFA
for on-air statements, etc., etc., etc., -- we just couldn't put together
a joint statement. The full text of the settlement agreement is posted at
www.savepacifica.net.
But, you've probably heard the news. The lawsuits are
settled!
I am deeply happy -- feeling almost serene for the moment.
Everything that we could have accomplished through the legal process, I believe
we did accomplish -- I believe we got everything we need in order to restore
Pacifica.
"We" now have control of the Pacifica Foundation
Board of Directors. By "we" I mean that we now have at least a
9 to 6 majority of dedicated, vibrant, intelligent people of good will who are
committed to restoring Pacifica to fulfillment of its mission at all 5 Pacifica
stations. That means lots of work ahead to solve many serious problems
facing the
Foundation and each of the 5 stations. But, with the help of many people
-- staff, producers, volunteers, listeners, LAB members, managers – everyone
who cares -- I believe we can begin a great work in progress.
As Leslie Cagan said on KPFA today -- "we believe the
door is now wide open & we all need to step through it." I'm in
a celebratory mood. Tomorrow & the next day and for the next 15 months,
I'll be rolling up my sleeves as a member of the "interim board"
(chosen by the KPFA LAB) to help get the job done. And I know there will
be pain and trouble along the
way -- but nothing I believe is insurmountable.
The interim board will have 15 members -- 5 appointed by the
outgoing board majority (we should know within a few days who they will be) – 5
members appointed by the former board dissidents minor (an announcement will be
made in the next couple of days as to who they will be) -- and 5 members chosen
by the current LABs. The 5 chosen by the LABs will include 4 chosen by
LABs that joined the LAB lawsuit (all by Houston) and will be people we know
are dedicated to the restoration of Pacifica. The Houston LAB may choose
someone more aligned with the former board majority, but that remains to be
seen.
A brief summary -- we worked out a way to override the
"veto" power the FORMER board majority wanted to retain on the
interim board -- there will be 3 ways to pass a motion: (1) by 2/3rds
majority of all present & voting, (2) by "balanced majority",
i.e., one vote from each of the 3 appointed groups, and (3) by simple majority,
ratified by Judge Sabraw. We feel very confident after working with Judge
Sabraw throughout the settlement conference that he will approve any reasonable
action by a board majority, and would not attempt to substitute his judgment
for that of the board majority unless we started attempting to act in an
irresponsible way without reasonable process.
While all of us would have preferred a simple majority rule – without necessity
of approval from Judge Sabraw -- after working with the Judge for 14 hours on
Tuesday, we all felt confident that (1) he understands the unique and important
purposes of Pacifica (2) he understands that major changes will be needed
swiftly to restore financial stability and to address the crises that have
undermined public support for the Foundation, and (3)
that he believes in majority rule & would only overturn a majority vote if
we did something stupid and obviously harmful to the foundation -- which we
will not do..
We have so many people to thank -- but right now, I most want to thank Taylor
Carey from the California Attorney General's office, who backed our suit
unequivocally & who eloquently expressed to the judge the unique value of
Pacifica and its importance to the preservation of free speech rights and
political dialogue in our country. Mr. Carey's support throughout this
battle -- and Attorney General Bill Lockyer's support -- made an essential
difference to our being able to carry the day & to convince the judge to
work with us to achieve a settlement that truly would permit the restoration of
this national treasure.
Also, thanks to all the lawyers for all the plaintiffs -- they have been a
magnificent team! Terry Gross and Adam Belsky of Gross & Belsky (for
the listeners' suit), Tim Fox of Kerr & Wagstaffe as well as Gene Majesky
& Alex Teu of Ropers & Majesky (for the directors Moran/Cagan/Bramson),
Ken Frucht (for directors Robinson & Kriegel), and Dan Siegel of Siegel
& Yee for the LAB suit.
And thanks to Robbie Osman and Barbara Lubin (of Friends of Free Speech Radio),
Directors Tomas Moran, Pete Bramson, Leslie Cagan, and LAB Chairs Dave Adelson
(KPFK), Sherry Gendelman (KPFA), and Miguel Maldonado (WBAI) -- who went
through these grueling negotiations together with me and whose wisdom, courage
and
humor are indescribable.
I know you will all have many questions. I will try to answer more of
them soon. But for now, I can say that I sincerely believe we have
created the opportunity we needed ... and now we will just have work together
to make the Pacifica we all want a reality.
Finally, most of all, thank you to the thousands of listeners across the
country who supported us, never let down, never gave up -- have been constant,
faithful and true. We could never have done this without you.
Blessings on all your Good Works,
Carol Spooner
Trial Set for January 7, 2002 in Alameda County
California Superior Court. We are now
actively preparing for trial -- subpoenaing and reviewing documents, preparing
for depositions, etc. We expect it will
be necessary to bring motions to compel production of documents. Very time intensive work.
Grassroots
Action Works!
What you can do NOW: Sign a Declaration to the Court -- please print a copy of the form declaration to remove the board for your station area click here, (if you listen to an affiliate station or online, just hand write that in on the form) fill it out, sign it & mail it in -- and make copies and distribute them at every Pacifica-related meeting you go to -- or anywhere else where concerned people may be. Thank you!
The Purpose of
Our Lawsuit
The purpose of this action is to
restore Pacifica to conformity with its founding purposes, as set forth in its
Articles of Incorporation, to remove directors for breach of charitable trust
and gross abuse of authority and discretion, as well as directors who have been
unlawfully seated under unlawful bylaws, and to bring a democratic governance
structure to Pacifica in conformity with the requirements of law and
appropriate to the nature, size and operations of the Pacifica Foundation. We
seek to safeguard Pacifica from ever again being subverted from within by a
small conspiratorial cabal, and to vest the listener-sponsors with voting
rights and legal membership status in the Pacifica Foundation. We believe the
listener-sponsors, who have cherished, built and supported Pacifica for more
than 50 years, are best-suited to insuring the faithfulness of Pacifica to its
founding purposes as Pacifica enters its second half-century and the new
"digital broadcasting" age.
REMEDIES WE ARE
SEEKING FROM THE COURT
Removal of All
Directors on the Executive Committee During the KPFA Lockout -- for breach of trust and gross abuse of
authority -- and to assess damages against them in the amount of the
extraordinary expenses incurred in the lockout. Those directors are Mary
Frances Berry, June Makela, Andrea Cisco, Frank Millspaugh, Ken Ford, Michael
Palmer, David Acosta, Robert Farrell. We are also seeking damages against
former Executive Director Lynn Chadwick for her role in the lockout. (Because
of their wrongdoing, none of these directors would be eligible for election as
directors in the future - see below.)
Removal of All
Directors Illegally Seated on the Board Since October 1999 -- The Pacifica Articles of Incorporation
specify that there shall be 5 directors, only. The bylaws currently provide
that the station boards (LABs) from the 5 stations have the right to elect the
directors. There are currently 17 or 18 directors on the board, and through an
illegal self-selection process the board has placed 8 directors on the board
over the past year: Tomas Moran, Karolyn van Putten, Wendell Johns, John
Murdock, Bertram Lee, Leslie Cagan, Beth Lyons, and Valrie Chambers. (These
directors would be eligible for election as directors in the future - see
below.)
Removal of
Directors Illegally Seated for Other Reasons (there is some overlap here) -- David Acosta and Ken Ford
are acting as directors after the expirations of their terms on 3/99 and 6/00,
respectively. Frank Millspaugh, Andrea Cisco & Robert Farrell are acting as
directors after having been voted off the board by the LABs that originally
elected them.
Accounting -- We are asking for an accounting of all
Pacifica funds from 1994 to current, as we believe there have been
misappropriations of funds that should be recovered from those responsible.
Amendment of
Bylaws & Election of New Directors -- We are asking for Court orders requiring those directors then
still remaining in office, Pete Bramson, Rob Robinson and Rabbi Aaron Kriegel,
plus two additional "interim directors", to carry out a year-long
process of bylaws revisions to bring the bylaws into conformity with California
nonprofit corporations law -- meeting with and forming committees in all five
station areas including listeners, LABs & staff. The minimum requirements
of these bylaws revisions would be that Pacifica station listener-sponsors be
given legal "membership" status and voting rights in Pacifica -- the
legal right to elect a majority of the LAB members for their station, and,
perhaps, some or all of the directors, the right to remove directors and LAB
members (by vote, rather than expensive lawsuits), the right to review
Pacifica's books and records, the right to Pacifica's membership lists for
proper communication with other members. Election of new directors would take
place under the new bylaws within 1 year. (All of the Directors removed for
Breach of Trust and Gross Abuse would be ineligible for election as directors.)
###
THERE ARE CURRENTLY 2
OTHER LAWSUITS PENDING
1) The LAB Suit - filed July 13,
1999: Brought by 21 members of the Local Advisory Boards ("LABs")
from 4 of the 5 Pacifica stations (all but KPFT in Houston), this suit requests
the court to nullify the unlawful 1997 & 1999 bylaws changes that purported
to abolish the LABs' rights to elect directors. This suit also brings a claim
for damages for "unfair business practices" & seeks to remove any
directors found culpable of wrongdoing.
2) The Directors' Suit - filed
September 19, 2000: Brought by Pacifica Directors Rob Robinson (WPFW) and Rabbi
Aaron Kriegel (KPFK), this suit seeks to remove the board executive committee
and to restore the pre-1997 bylaws and the LABs' right to elect directors, and
a court declaration regarding the board's illegal practice of extending
directors' terms by appointing them as "officers".
All three suits share the common
objectives of overturning the 1997 & 1999 illegal bylaws amendments &
removing some of the directors. We believe that each suit amplifies and
strengthens the other and that the presence of all three suits in court is a
powerful trilogy -- and that it is essential that the listener-sponsors'
interests be represented in court to assure that the ultimate solution to
Pacifica's autocratic governance problems will involve broad listener-sponsor
participation and oversight. Our three attorneys are working cooperatively to
coordinate our actions.
###
THE COMMITTEE TO REMOVE THE PACIFICA BOARD
This listener organized committee
is dedicated to the task of removing the current Board of Directors of The
Pacifica Foundation. See more on the Committee below, also join
the Committee. We are an
ad hoc committee of correspondents, with no formal structure or meetings. All
are welcome to join!
Our commitment is to removing this
destructive board so that an interim board can be installed that will work with
the many interested parties across the country to amend The Pacifica Foundation
bylaws to provide a democratic structure. A democratic structure is necessary
to prevent a small elite group from ever again commandeering and diverting The
Pacifica Foundation from its mission and purpose.
GROUNDS FOR REMOVAL
OF THE BOARD:
The legal grounds for removal of
directors of a California nonprofit public benefit corporation (such as The
Pacifica Foundation) are: "fraudulent or dishonest acts or gross abuse of
authority or discretion with reference to the corporation..."
(Cal.Corp.Code §5223)
The factual bases for removal of
the Board include, but are not limited to, the following well known acts (or
ratification by silence):
(1) installing armed guards from
IPSA International, a corporate intelligence and security service, at
KPFA, where journalists report on international corporate crimes and abuses;
(2) conducting citizens arrests
of peaceful demonstrators against the Board's actions;
(3) arresting KPFA Berkeley
station personnel for "trespassing", and taking all regular
programming off the air;
(4) conducting closed Board
meetings and refusing to make Foundation books and records available for
reasonable inspection by members;
(5) virtual elimination of local
community affairs and news programming at KPFT Houston, contrary to the
purposes stated in the Articles
of Incorporation;
(6) engaging in "union
busting" tactics at WBAI New York, contrary to the purposes stated in the Articles of Incorporation;
(7) purporting to amend the
bylaws, by unlawful and dishonest acts, to create a self-perpetuating,
self-selecting Board of Directors;
(8) soliciting contributions
from the public under false pretenses with intent to use such funds for
purposes contrary to those stated in the Articles of Incorporation;
(9) wasting Foundation assets
and public contributions to carry out the above abuses and thereby threatening
the Foundation with insolvency; and
(10) imposing a "gag
rule" on personnel at the five radio stations to prevent them from
alerting the class members to these alarming and unlawful acts.
Sign a Declaration to the Court
Notice to All Listeners -- Please click on the call letters for the
notice form for your station area, print the page, fill it out, and mail it to
the address on the form -- and please make copies and ask 10 of your friends or
acquaintances to sign and send in their declarations too!
KPFA - Berkeley, California
KPFK - Los Angeles, California
KPFT - Houston, Texas
WBAI - New York, New York
WPFW - Washington, D.C.
PACIFICA AFFILIATE STATIONS - Fill in station call letters
5750 Declarations
(as of 06/10/01) in support of court removal of the board have been signed and
returned by listener-sponsors from across the country and beyond --
AUSTRALIA: Adelaide, Brighton, Wellington
CANADA: Calgary, Coquitlam, Montreal, Toronto,
Vancouver
CZECH REPUBLIC: Brno
ENGLAND: London
FINLAND: Helsinki
GERMANY: Schonebeck, Walldorf
MEXICO: La Paz, San Miguel
NETHERLANDS: Amsterdam
NEW ZEALAND: Wanganui
NORWAY: Stamsund
PORTUGAL: Lisbon
SOUTH KOREA: Seoul
SPAIN: Madrid
ARIZONA: Flagstaff,
Tempe, Tucson, Scottsdale
CALIFORNIA: Alameda,
Albany, Alhambra, Alpine. Altadena, Anaheim, Anaheim Hills, Angwin, Annapolis,
Antioch, Aptos, Arcata, Atherton, Bay Point, Belmont, Belvedere, Ben Lomond,
Benecia, Berkeley, Bethel Island, Beverly Hills, Bodega, Bodega Bay, Bolinas,
Boonville, Boulder Creek, Boyes Hot Springs, Brisbane, Burbank, Burlingame,
Calabasas, Calistoga, Calpella, Camarillo, Campbell, Canyon, Capitola,
Carlsbad, Carmarillo, Carmel, Carmichael, Castro Valley, Cazadero, Ceres,
Chatsworth, Chicago, Chico, Citrus Heights, Claremont, Cloverdale, Clovis,
Commerce, Concord, Cool, Cordelia, Corte Madera, Costa Mesa, Cotati, Crockett,
Culver City, Cupertino, Cypress, Daly City, Davenport, Davis, Del Mar, Dixon,
Downey, Duncans Mills, East Los Angeles, El Cerrito, El Sobrante, El Verano,
Emeryville, Fairfax, Fairfield, Felton, Forest Knolls, Forestville, Foster
City, Fremont, Fresno, Fullerton, Garberville, Garden Grove, Gasquet, Geyserville,
Glen Ellen, Glendale, Glendora, Goleta, Grass Valley, Graton, Greenbrae,
Gualala, Guerneville, Half Moon Bay, Hayward, Healdsburg, Hercules, Hermosa
Beach, Hillsborough, Hollister, Hollywood, Huntington Beach, Huntington Park,
Ignacio, Inglewood, Inverness, Irvine, Isla Vista, Kagel Canyon, Kelseyville,
Kensington, Kentfield, Kenwood, La Honda, La Mesa, La Mirada, La Verne,
Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lagunitas,
Lakeport, Lakewood, Larkspur, Lemon Cove, Livermore, Lomita, Long Beach, Los
Altos, Los Altos Hills, Los Angeles, Los Gatos, Lucerne, Malibu, Mammoth Lakes,
Marina Del Rey, Martinez, McKinleyville, Mendocino, Menlo Park, Middletown,
Midpines, Mill Valley, Millbrae, Milpitas, Miramonte, Mission Hills, Monrovia,
Monte Rio, Montebello, Monterey, Monterey Park, Montrose, Moraga, Morgan Hill,
Moss Beach, Mountain View, Mt Hamilton, Muir Beach, Napa, Nevada City, Newark,
Nicasio, North Fork, Northridge, Novato, Oakhurst, Oakland, Oakley, Occidental,
Oceanside, Ojai, Orange, Orinda, Oroville, Oxnard, Pacifica, Palo Alto,
Panorama City, Pasadena, Penngrove, Penryn, Pescadero, Petaluma, Philo,
Piedmont, Pinole, Pittsburg, Placerville, Playa Del Rey, Pleasant Hill,
Pleasanton, Point Arena, Point Reyes, Point Reyes Staton, Point Richmond,
Porterville, Potter Valley, Prunedale, Redlands, Redondo Beach, Redwood City,
Reseda, Richmond, Rio Nido, Rocklin, Rodeo, Rohnert Park, Rosemead, Ross,
Sacramento, San Anselmo, San Bernardino, San Bruno, San Carlos, San Clemente,
San Diego, San Francisco, San Geronimo, San Jose, San Juan Capistrano, San
Leandro, San Lorenzo, San Luis Obispo, San Marino, San Mateo, San Pablo, San
Quentin, San Rafael, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita,
Santa Cruz, Santa Monica, Santa Paula, Santa Rosa, Santa Ynez, Saratoga,
Sausalito, Seaside, Sebastopol, Shaver Lake, Sherman Oaks, Silverado, Sonoma,
Soquel, South Gate, South Pasadena, South San Francisco, St. Helena, Stanford,
Stanton, Stinson Beach, Stockton, Studio City, Sun Valley, Sunland, Sunnyvale,
Sylmar, Tarzana, Terra Bella, Thousand Oaks, Three Rivers, Tiburon, Tollhouse,
Toluca Lake, Tomales, Topanga, Torrance, Truckee, Tulare, Turlock, Tustin,
Ukiah, Union City, Vacaville, Valencia, Valinda, Vallejo, Valley Center, Valley
Ford, Van Nuys, Venice, Ventura, Villa Grande, Visalia, Walnut Creek,
Watsonville, West Hollywood, Whittier, Wilbur Springs, Willits, Windsor,
Winters, Witter Springs, Woodacre, Woodland, Woodland Hills, Woodside,
Yorkville, Yountville, Yucca Valley
COLORADO: Bayfield,
Boulder, Colorado Springs, Denver, Ft. Collins, Golden, Lafayette, Longmont,
Niwot
CONNECTICUT: Hampton,
Norwalk, Old Lyme, Wilton
FLORIDA: Boca Raton, Clearwater, Gainsville,
Gibsonton, Orlando, Sarasota, St. Petersburg, Tampa, Tarpon Springs
GEORGIA: Athens, Atlanta, Decatur, Statesborough,
Stone Mountain
HAWAII: Honolulu, Kalaheo, Kiheii
IDAHO: Ketchum
ILLINOIS: Bartlett,
Champaign, Chicago, Crystal Lake, Elgin, Evanston, Mt. Prospect, Urbana
INDIANA: Griffifth, Indianapolis
IOWA: Iowa City
KANSAS: Bluff City
KENTUCKY: Louisville
MAINE: South Berwick, Stockton Springs
MARYLAND: Annapolis,
Baltimore, Bethesda, Boston, Cabin John, College Park, Columbia, Germantown,
Greenbelt, Mpls, Rockville, Saverna Park, Takoma Park, Valley Lee
MASSACHUSSETTS: Belmont, Brookline,
Cambridge, Cherry Valley, Dartmouth, Dorchester, Hull, Jamaica Park, Milton,
Northboro, Northampton, Quincy, Shelburne, Somerville, Weston
MICHIGAN: Ann Arbor, Canton,
Hancock, Hillsdale, Port Huron, Ypsilanti
MINNESOTA: Holland,
Hopkins, Minneapolis, Shoreview, South Minneapolis, St. Cloud, St. Louis Park,
St. Paul
MISSOURI: St. Louis
MONTANA: Billings, Helena
NEVADA: Las Vegas, State Line
NEW JERSEY: Bayonne, Bloomfield,
Bradley Beach, Bridgewater, Clifton, East Orange, East Windsor, Fair Lawn,
Frenchtown, Hackettstown, Hoboken, Irvington, Jersey City, Lake Hopatcong,
Lawrenceville, Lincoln Park, Livingston, Mahwah, Montclair, Neshanic Station,
New Brunswick, New Milford, Newark, Orange, Paterson, Princeton, Ridgewood, Rutherford,
Scotch Plains, Somerset, Union City, Wallington, Wanaque, Washington Township,
Wayne, West Orange
NEW MEXICO: Albuquerque,
Cimarron, Las Vegas, Rio Ranch, Santa Fe, Silver Springs
NEW YORK: Amityville, Astoria,
Blauvelt, Broadalbin, Bronx, Brooklyn, Buffalo, Central Islip, Central Nyak,
Chappaqua, Clifton Park, Cold Spring, E. Patchogue, East Meadow, Fallsburg, Far
Rockaway, Flushing, Forest Hills, Franklin Square, Freeport, Germantown, Glen
Oaks, Goshen, Hastings, Huntington, Ithaca, Jackson Heights, Jamaica, Jericho,
Jersey City, Little Neck, Long Island City, Malverne, Massapequa, Middletown,
Neponsit, New Pa He, New York, Plainview, Pomona, Port Jefferson, Pottersville,
Putnam Valley, Rego Park, Richmond Hill, Riverdale, Rochester, Roslyn, Heights,
Shoreham, South Plymouth, South Salem, Spring Valley, Staten Island, Sunnyside,
W. Hurley, Waterloo, White Plains, Whitestone, Woodside, Woodstock, Yonkers
NORTH CAROLINA: Durham, Greensborough,
Rocky Mt.
OHIO: Columbus
OKLAHOMA: Agra, Norman
OREGON: Aloha, Ashland, Cave Junction, Corvallis, Hillsboro,
Milwaukie, Oregon City, Portland, Tillamook
PENNSYLVANIA: Belefonte,
Kutztown, Narberth, Philadelphia, Pittsburgh
RHODE ISLAND: Providence
TENNESSEE: Loretto, Memphis
TEXAS: Austin, Bellaire, Belton, Cedar Creek,
Dallas, Duncanville, Galveston, Houston, Missouri City, Spring
VERMONT: Chester,
Marlboro, M'pelier, Plainfield, Putney
VIRGINIA: Annadale, Chantilly,
Clifton Forge, Fairfax, Hampton, Leesburg, Richmond, Springfield, The Plains,
Vienna
WASHINGTON: Bainbridge Island,
Bothell, Olympia, Seattle, Spokane, Vancouver
WASHINGTON, D.C.
WEST VIRGINIA: Hinton
WISCONSON: Arena, Black Earth,
Madison, Milwaukee, Tomah
___________________________________________
COMMITTEE TO REMOVE THE
PACIFICA BOARD
FOR IMMEDIATE RELEASE
DATE: JULY 26, 1999
CONTACT: CAROL SPOONER - (707) 526-2867 - wildrose@pon.net
THE COMMITTEE TO REMOVE THE PACIFICA BOARD ANNOUNCES ITS FORMATION TODAY TO END
THE GRIP OF TYRANNY ON THE 50 YEAR OLD RADICAL INSTITUTION FOUNDED BY VISIONARY
PACIFISTS TO SERVE AS A MEDIUM FOR ARTISTS, THINKERS AND DISSENTERS IN AMERICA.
THE PACIFICA BOARD HAS BECOME AN INTOLERABLE ADVERSARY OF THE FOUNDING
PRINCIPLES OF THE PACIFICA FOUNDATION AND MUST BE REMOVED.
OUR GOAL IS THE REMOVAL OF THE ENTIRE PACIFICA BOARD OF DIRECTORS -- EITHER
VOLUNTARILY BY RESIGNATION, OR INVOLUNTARILY BY COURT ORDER.
While a few board members have criticized recent "tactics" in
Berkeley, none have disavowed the board agenda that is driving these outrages.
Our campaign is national in scope as The Pacifica Foundation is a national
organization with stations in New York (WBAI), Washington D.C. (WPFW), Houston
(KPFT), Los Angeles (KPFK) and Berkeley (KPFA).
To join the Committee -- email wildrose@pon.net with "JOIN COMMITTEE"
in the subject line. Send us your name address, email address, fax, phone #,
any other information you would like us to know -- and your suggestions. Please
tell us whether we can list your name and city of residence as a member of the
Committee.. ALL ARE WELCOME AND NEEDED.
PARTIAL
LIST OF COMMITTEE MEMBERS:
David Abel (Portland,
OR), Lee Altenberg, Ph.D. (Kihei, Maui, HI), Beverly Alexander (Petaluma, CA),
John Anastasio (San Rafael, CA), John Biello (New York, NY), Carolyn M. Birden
(New York, NY), Nancy Brant (Gibsonville, FL), Peter William Brown (Oakland,
CA), Nina Byers (Santa Monica, CA), Carolyn G. Carroll (Houston, TX), Heidi
Chesney (Sebastopol, CA), Mitchell Cohen (Brooklyn, NY), Ken Cornett
(Washinton, CT), Janet and Michael Costello (Bodega, CA), Richard Orrin Cross
(San Carlos, CA), James D. Curtis (Santa Rosa, CA), Evan Davis (Columbus,
Ohio), Roger Dittman (Anaheim, CA), Matthew Dougherty (Houston, TX), Thomas F.
Edson (Huntington Beach, CA), Gary Evans (Sonoma, CA), James Wayne Evans
(Richmond, CA), Ruth Fallenbaum (Oakland, CA), Ted Friedman, Ph.D. (San
Francisco, CA), Michael R. Geymont (Phoenix, AZ), Lyn Gerry (Waterloo, NY),
Brian Gifford (Seaside, CA), Martha Glaser (Sebastopol, CA), Mary A. Gorden
(Lemoncove, CA), Arturo Griffifths (Washington, D.C.), Kurt Guerdrum (Spring,
TX), Dick Hague (San Francisco, CA), Leigh Hauter (The Plains, VA), Patty
Heffley (New York, NY), Adam Heilbrun (Oakland, CA), Jeff Higley (Los Angeles,
CA), Craig Hill (Plainfield, VT), Ed Jacobus (Hackettstown, NJ), Edwin Johnston
(Houston, TX), Florence Clark Kadagian, (Wilton, CT), Tom Klammer (Overland
Park, KS), Maggie Knowles (Hawthorne, CA), Marcello Aurelio Lanfranchi
(Oakland, CA), Louis Lasher (Plainfield, NJ), R. Anthony Lee (Lafayette, CO),
Linda Mahns-Wooliever (San Jose, CA), Brad Mayer (Oakland, CA), Ted McKinnon
(San Carlos, CA), Barbara MacQuiddy (Nevada City, CA), Sean McLaughlin (Scotia,
NY), Doug McMillan (Canyon, CA), Barry Miller (Champaign, IL), Joe Mustich
(Washington, CT), Alan Naumann (Orem, UT), Brigid O'Dowd (Richmond, CA), Conrad
OHO (Fairfax, CA), Mia Ousley (Richmond, CA), Doug Page (Walnut Creek, CA), Ron
Parker (Stone Mountain, GA), David Pearson (Rohnert Park, CA), Rick Potthoff
(Houston, TX), Bradley Rader (Los Angeles, CA), Kellia Ramares (Oakland, CA),
Rafael Renteria (Los Angeles, CA), Mitch Ritter (Concord, CA), Margaret Rogers
(Sacramento, CA), Michael G. Rose (St Paul, MN), Mercedes Ruiz (Valley Lee,
MD), Marco Schneck (Santa Rosa, CA), Phyllis Schneider (San Francisco, CA),
Chuck Scurich (Oakland, CA), James Sheldon (Santa Cruz, CA), Brian Sheppard
(New Hyde Park, NY); Ken Skead (Bow, WA), Carol Spooner (Santa Rosa, CA), Craig
W. Stephens (Santa Rosa, CA), Alice Shields (New York, NY); Heinz J. Strunk
(Burbank, CA); Anne Sussman (Berkeley, CA), Ron Swart (Long Beach, CA), Joe
Wanzala (San Francisco, CA), Harold (Bill) Warner (Porterville, CA), John
Whiting (London, England), Marta Williams (Graton, CA), Gregory Wonderwheel
(Santa Rosa, CA)
###
WHO
OWNS THE PACIFICA FOUNDATION?
In a for-profit
corporation, the intents and purposes of the owners (shareholders) can be
fairly stated as being to make a profit by engaging in certain business activities.
In a nonprofit public benefit corporation -- such as the Pacifica Foundation --
the intents and purposes of the owners (members and financial contributors) are
CONCLUSIVELY presumed under the law to be those stated in the Articles of
Incorporation. (See Article II of The Pacifica Foundation Articles of Incorporation )
Corporate executives
and managers are trusted by the owners to run day-to-day operations in
accordance with the intents and purposes of the owners. To the extent that the
executives and managers do that successfully, generally owners stand back and
advise occasionally and set policy through a board of directors that they (the
owners) elect.
There is an interesting
and unfortunate glitch in the California law governing nonprofit public benefit
corporations -- such as The Pacifica Foundation -- they are not required to
give voting rights (i.e., legal "membership" status) to all financial
contributors. (For-profit corporations are required to give voting rights to
all their shareholders.)
In fact, nonprofit
public benefit corporations are allowed to limit voting rights
("membership" status) to the board of directors, only, or to any
other defined and select group. Because of this provision of the law, those
corporate "members" who have voting rights are considered to be
"trustees" for the public benefit and are legally required to carry
out the public benefit purposes of the corporation as stated in the articles of
incorporation. If they act contrary to those purposes by "fraud, dishonest
acts, or gross abuse of their authority or discretion" then they can and
should be removed from office by the court.
Lew Hill, the founder
of Pacifica, had the idea that the owners -- the listeners/sponsors -- could
vote with their dollars, and that, therefore, they did not need
"membership" status or voting rights to elect and/or remove the board
of directors. Lew Hill believed that the "dynamic tension" between
staff and the listener-sponsor would keep Pacifica true both to its purposes
and to the listeners. Hill's idea has been perpetuated to this day. It worked
pretty well with many storms and controversies over the years that kept
Pacifica dynamic, creative, interesting and infuriating.
However, the board of
directors of the 1990s has sought ways to circumvent the listeners' power to
vote with their dollars. They have sought other funding sources to carry out
purposes the listener-sponsors might not (probably would not) support. This
gives them (the directors) the ability to ignore or to "fire" the
owners and to choose different "owners" such as the Corporation for
Public Broadcasting and various other private corporate funding foundations.
This is at the crux of
the issue we are confronting, finally, now. Who are the "owners" of
the Pacifica Foundation -- the listeners or some other funding source? There is
no question in my mind that the board of directors has chosen different
"owners" and that they are carrying out the purposes of those
"owners" -- not the listeners. If we do not reclaim The Pacifica
Foundation for ourselves, the listener-sponsors, then our interests will become
totally irrelevant to the direction of the foundation.
That it why we must do
two things: FIRST, the current board, in its entirety, must be removed for
embracing the plan to "fire" the listeners, and SECONDLY, the
Pacifica Foundation must be restructured to give voting rights to the listeners
both to elect and to remove the board of directors.
This second objective
cannot be accomplished in reality without the first, but both goals must be
pursued concurrently.
In addition, The
Pacifica Foundation Board has violated the public trust they hold by the
following well known acts (or ratification by silence):
(1) installing armed guards from IPSA International , an international corporate
intelligence and security service, at KPFA, where journalists report on
international corporate crimes and abuses;
(2) conducting citizens arrests of peaceful demonstrators
against the board's actions;
(3) arresting KPFA Berkeley station staff for
"trespassing", and taking all regular programming off the air;
(4) conducting closed board meetings and refusing to make
Foundation books and records available for reasonable inspection by members;
(5) virtual elimination of local community affairs and
news programming at KPFT Houston, contrary to the purposes stated in the
Articles of Incorporation;
(6) engaging in "union busting" tactics at WBAI
New York, contrary to the purposes stated in the Articles of Incorporation;
(7) purporting to amend the bylaws, by unlawful and
dishonest acts, to create a self-perpetuating, self-selecting Board of
Directors;
(8) soliciting contributions from the public under false
pretenses with intent to use such funds for purposes contrary to those stated
in the Articles of Incorporation;
(9) wasting Foundation assets and public contributions to
carry out the above abuses and thereby threatening the Foundation with
insolvency; and
(10) imposing a "gag rule" on the staff at the
five radio stations to prevent them from alerting the listeners/supporters to
these alarming and unlawful acts.
--Carol Spooner
Committee to Remove The
Pacifica Board
Links:
Coalition for a democratic Pacifica Coalition for a democratic Pacifica-New York
Various Articles and Proposals to Reform Pacifica