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Update on WHAT IS HAPPENING AT KPFK and what can be done & elections

by Jan Goodman via IMC repost Monday, Oct. 05, 2015 at 12:39 AM

This is a repost of a message to a list, then forwarded to the LAAMN list, and now here.

* Recently, people have been asking me "what is going on with Pacifica" and

"is there anything which can be done about it?" So I thought that I would

take this opportunity to let those who are interested know. *

*​I apologize for such a long letter, but as Mark Twain said, I didn't have

time to make it shorter.​*

*(If you think that you are or may be a member of KPFK, please let me know,

by replying to this email, since we will want to be assured that people get

their ballots, if they are actually sent out.*

*​ (If you already notified me, responding to the last email, that is

sufficient).​*

​First: Election Issues--are you eligible to vote?

A number of people responded to my last email, with a number of questions

regarding the elections, so I am responding to those questions here, since

lots of people will have the same questions:​

*​The "Date of Record", the date on which you need to have been a member

to vote in this election is ​​ August 17, 2015. ​*

*​So if you weren't a member by Augut 17th, you won't be able to vote in

this election (should it actually happen). But we do encourage you to

become a member (/person) and you will be able to vote in future

elections (& maybe even this one, in case it is postponed again).​*

*​ You may donate online by clicking here

http://kpfk.org/pledge/KPFK_PayPal_Gateway.html>​*

*​,​*

*​If you are not sure whether you are a member or not, call "Cookie" at

KPFK, she is the Local Election Supervisor (LES) and discuss the matter

with her. Call (818) 985-2711

*KPFK LES KPFK-les@pacifica.org KPFK-les@pacifica.org>>, Joy Williams -

National Election Supervisor 2015 nes@pacifica.org nes@pacifica.org>> &

please send a cc to me--JanJerry2@gmail.com JanJerry2@gmail.com>, with the

heading: Pacifica Membership Issues*

*If you donated or more, than you and your partner are each entitled to

vote. You should immediately call and write and ask for two ballots.(cc me

on that also, same heading Pacifica membership issues.*

If you would be willing to get involved in any way in supporting KPFK and

our station staff either by helping organize listener support, going to a

meeting or demonstration, being involved in legal actions, in case more

actions are necessary, or whatever, please let me know.

A QUIET COUP

*Essentially, a quiet coup has taken place at Pacifica, and the results are

disastrous. The Board of Directors of Pacifica is in the process of

fundamentally changing the nature of our station and our network. It is on

the brink of bankruptcy, and which is the moving force, the intent to

change it, or the financial issues is not clear. But you should know that

Pacifica has now lost 2 years of Corporation for Public Broadcasting (CPB)

funding, in the amount of million, due to Pacifica's accounting records

being in such disarray. *

*As part of this coup, A new manager, of KPFK has been appointed: Leslie

Radford. She has fired key staff people, including our webmaster, Ali

Lexa, All but one of the full time staffers have been put on 1/2 time,

including the engineers and people who keep the station going-- and the

atmosphere in the station is deadly. *

*The staff at KPFK are devastated and totally demoralized, not only by the

firings and pay cuts but by the attitude and actions of Radford. ​*

* Those who are left see the handwriting on the wall and unfortunately for

us, many are looking for positions elsewhere. I got a call from a key

volunteer programmer today, who said that she couldn't stand it, and was

contemplating quitting. And Beto Arcos and others quit this week.*

*It is a pretty horrible state of affairs, and those who know about it have

been tearing their hair out, trying to figure out how to steer our network

away from the brink.*

*IS DEMOCRACY KILLING PACIFICA?*

​​Recently, there have been people, among them good friends of mine, who

have been indicating that they think that one of the big problems with KPFK

and Pacifica is democracy-- that the fact that members of Pacifica get to

vote, albeit indirectly, on who sits on the Board of Directors of Pacifica

is the problem. The problem, as I see it is just the reverse. THE PROBLEM

IS THE LACK OF DEMOCRACY, THE LACK OF BYLAW MANDATED ELECTIONS at

Pacifica.

*HOW DID THE COUP TAKE PLACE?*

According to its Bylaws, Pacifica is supposed to have elections every 2 out

of 3 years, but Pacifica has cancelled the elections which should have

taken place in 2013 and 2014. Thus the terms of more than half of the

people sitting on the National Board have expired, and within 80 days, all

of their terms will have expired.

And now, Pacifica has cancelled or postponed the election scheduled to

have taken place in this month (September, 2015).

1. In the KPFK Signal Area/Los Angeles, the failure to hold

elections is even more grievous: In the 2012 delegate election in the KPFK

Station area, the number of votes did not reach quorum.

a. The Pacifica Bylaws state that when elections do not reach quorum in

any of the 5 Local Station Board elections, the delegates who are then

seated on the LSB, whose election failed to reach quorum remain delegates

until the next “regularly scheduled election” (Bylaws, Article 4 Section

5)—which should have been 2013 (at which point all of the delegate

positions would have been open, since the last election had taken place in

2010). However, despite the Bylaws mandating elections every 2 out of 3

years, regular elections were not held in 2013, nor 2014 (nor any elections

at all). Thus, in Los Angeles no successful election has taken place for

five years --since 2010--thus, everyone seated on the KPFK Local Station

Board is sitting in an expired seat, since the term of each seat is only 3

years-- which could be extended by one year, if an election didn't reach

quorum.

2. By failing to hold elections, and/or postponing elections,

members of the Pacifica National Board *de facto* have extended their own

terms in office and their seats on the National Board, keeping themselves

in control of Pacifica, as a result.

3. *Within 80 days, each and every Delegate of every board in

Pacifica, including the Pacifica National Board will have exceeded their

term if a new election is not held.*

* Luckily, The California legislature recognized the importance of the

democratic process in the organization and management of Nonprofit

corporations when it enacted Sec. 5617 of the Corporations Code, which

specifically gives the court the ability to order that new elections take

place, and to determine, among other things, the persons entitled to the

office of director, etc. The Pacifica Foundation (“Pacifica”) is such a

non-profit organization. I have pasted the statute below, just in case

you want to look at it.*

AN IMMEDIATE ELECTION IS BEST

BUT WE ARE PREPARED, TO HAVE A JUDGE ENFORCE OUR RIGHT TO ELECTIONS

A collective of Lawyers and other supporters have become involved in trying

to make the democratic process work for Pacifica. We feel that the fastest

, least expensive way to turn this ship around is to follow our bylaws

which would allow us to *elect* new, responsible leadership. When it was

announced that the elections, planned for September had been "postponed"

but no new date for ballots to be sent out had been set, we sent a letter

to Pacifica demanding that a date be set. Shortly thereafter, a date was

set. As recently as a few days ago, there was discussion on the National

Elections Committee about whether there was enough money to pay the ,000

deposit needed to get the ballots sent out. If Pacifica didn't have an

income of of more than ,000,000/year (yes, million), such a search

for 2% of its income wouldn't be so maddening. We are really hoping that

they find the funds to pay the deposit so the election will happen

​ WITHOUT FURTHER DELAY. ​

But, for some reason, we don't have a lot of confidence that the deposit

will be made and that the election will actually take place. So, we have

prepared a set of legal papers, on behalf of KPFK members requesting that a

judge order that the Board follow the Bylaws and set an election.

We will also be asking the judge to

​​

determine* if the people who are now sitting in expired seats should be

removed,* THAT WOULD INCLUDE ALL OF THE KPFK Local Station Board, and our

four representatives on the National Board, since the statute provides

that the court "may determine the person entitled to the office of director."

Jan

The statute is set out below.

*California Corporations Code - CORP*

*TITLE 1. CORPORATIONS [100 - 14631]** ( Title 1 enacted by Stats. 1947,

Ch. 1038. )*

*DIVISION 2. NONPROFIT CORPORATION LAW [5000 - 10841]** ( Heading of

Division 2 amended by Stats. 1978, Ch. 567. )*

*PART 2. NONPROFIT PUBLIC BENEFIT CORPORATIONS [5110 - 6910]** ( Part 2

added by Stats. 1978, Ch. 567. )*

*CHAPTER 6. Voting of Memberships [5610 - 5617]** ( Chapter 6 added by

Stats. 1978, Ch. 567. )*

*5617. *

(a) Upon the filing of an action therefor by any director or member, or by

any person who had the right to vote in the election at issue, the superior

court of the proper county shall determine the validity of any election or

appointment of any director of any corporation.

(b) Any person bringing an action under this section shall give notice of

the action to the Attorney General, who may intervene.

(c) Upon the filing of the complaint, and before any further proceedings

are had, the court shall enter an order fixing a date for the hearing,

which shall be within five days unless for good cause shown a later date is

fixed, and requiring notice of the date for the hearing and a copy of the

complaint to be served upon the corporation and upon the person whose

purported election or appointment is questioned and upon any person (other

than the plaintiff) whom the plaintiff alleges to have been elected or

appointed, in the manner in which a summons is required to be served, or,

if the court so directs, by registered mail; and the court may make such

further requirements as to notice as appear to be proper under the

circumstances.

(d) The court, consistent with the provisions of this part and in

conformity with the articles and bylaws to the extent feasible, may

determine the person entitled to the office of director or may order a new

election to be held or appointment to be made, may determine the validity

of the issuance of memberships and the right of persons to vote and may

direct such other relief as may be just and proper.

*(Added by Stats. 1978, Ch. 567.)*

Jan Goodman

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