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.

Read it here

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.

The Plaintiffs are: The Attorney General of the State of California (where Pacifica is incorporated) and Amburn R. Hague, Barbara MacQuiddy and Carol Spooner (for KPFA listeners), Charles P.H. Scurich and Ronald Swart (for KPFK listeners), John D. Biello, Carolyn M. Birden and Patricia Heffley (for WBAI listeners), Kurt Guerdrum and Richard Potthoff (for KPFT listeners), and Arturo Griffifths and Leigh Hauter (for WPFW listeners).

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!

"LISTENERS' LAWSUIT" LEGAL FUNDS
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
###

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)

Edward S. Herman

[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

  ___________________________________________

MORE ON THE COMMITTEE:

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)

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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:

SavePacifica              Free Pacifica             

Coalition for a democratic Pacifica                   Coalition for a democratic Pacifica-New York

Various Articles and Proposals to Reform Pacifica

Pacifica Articles of Incorporation

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