Judge orders contempt hearing after Pacifica ignores injunction

On Friday, June 3, an Alameda County Superior Court judge ordered the Pacifica National Board to seat SaveKPFA-affiliated representatives Laura Prives and Dan Siegel, and scheduled a contempt of court proceeding against Pacifica next month.

Both Siegel and Prives were elected as delegates from KPFA’s Local Station Board to the Pacifica National Board (PNB) last January. But the PNB majority had refused to seat Siegel, claiming his relationship with Oakland Mayor Jean Quan constituted an “appointed political office” (even though it clearly was not), which made him ineligible. The PNB barred Prives on the grounds that Siegel’s vote had tainted her election, while it illegally extended the terms of two other KPFA representatives more friendly to the PNB majority.

Some of the hundreds of listeners who pledged to restore the Morning Show

Superior Court judge Frank Roesch quickly rejected Pacifica’s arguments in March, and issued a preliminary injunction requiring Prives and Siegel to be seated. Bizarrely, Pacifica attorney Richard Phelps (who also serves on KPFA’s Local Station Board) convinced the Pacifica National Board to appeal the ruling, and to defy the injunction pending the appeal’s outcome. On Friday, the judge re-affirmed his original injunction, and ordered PNB Chair Summer Reese (who is from Los Angeles) and PNB Secretary Carolyn Birden (who is from New York) to appear in person to face a contempt proceeding on July 1.

Reese has now sent Dan and Laura notices that they are (finally!) being seated as members of the Pacifica National Board. Their terms were supposed to begin six months ago.

In a separate action, Phelps is suing several SaveKPFA members for their role in collecting $63,000 in financial pledges to restore The Morning Show. (That’s right — he’s suing them for fundraising!) Phelps alleges the fundraising activity was “disloyal” to Pacifica, and he’s demanding $800,000 in damages.

Attorneys at Siegel & Yee sought to have the suit dismissed as a SLAPP (Strategic Lawsuit Against Public Participation), but a Fremont-based judge allowed it to move forward. Phelps filed the lawsuit in Fremont, presumably to avoid landing in the Oakland courtroom of the judge who has repeatedly ruled against him. Phelps already lost one SLAPP motion when he brought a harassing suit against SaveKPFA rep Dan Siegel — the judge in that case ordered Phelps to pay Siegel $10,000 in attorney’s fees.

Call for “evidence-based” programming, while KPFA’s manager blames staff and listeners for funding decline

Aileen Alfandary, co-director of KPFA’s News, explained to local KPFA board members on May 21 how top-down program changes have damaged the station. | LISTEN TO 4 MINUTE AUDIO CLIP

She asked the station’s board to require management to adhere to “evidence-based” decisions, and presented the graph at the right comparing hour-by-hour fund totals for the first two weeks of the recent fund drive to those a year ago (when the Morning Show was on 7-9am).  Here’s an audio clip of Alfandary’s comments at the meeting.

Thanks to all of you who gave during KPFA’s fund drive. It was the longest in over a decade, but the projected shortfall was dramatically reduced in the final week as listeners answered a call from KPFAWorker.org (supported by SaveKPFA) to pledge in support of KPFA’s staff.

Morning fundraising averages per on-air host, KPFA spring fund drive

The entire shortfall came from a decline during the morning hours of 6-10AM, in the wake of the cancellation of the Morning Show and related program moves. “Year over year, fundraising during those hours dropped by more than $5,000 per day — $90,000 over the course of the drive,” according to a detailed analysis of pledges by KPFAWorker.org, “and likely would have dropped much more if KPFA programmers (and former Morning Show staffers) Philip Maldari, Mitch Jeserich, and Brian Edwards-Tiekert hadn’t stepped in to fundraise during those hours.”

Just published Arbitron ratings show that during the last 3 months, KPFA’s audience share has declined once again — a sign that listeners are tuning out. KPFA’s audience dropped from 139,200 in February 2011 to 113,100 in April 2011.

Unfortunately, during the last week of the fund drive, interim general manager Andrew Phillips unleashed an on- and off-air attack on the KPFA staff and listeners who were working so hard to raise those funds, calling them a “fifth column” which constituted an enemy within the station. Phillips was brought out from New York and installed by Pacifica’s Arlene Engelhardt as KPFA’s interim manager just 3 months ago. Here’s an audio clip, or you can watch a short video with excerpts of his performance from the board meeting captured on cell phone here or listen to the entire 4 hour recording.

Hourly average pledges during 8am "special programming" period of fund drive

Phillips, along with interim program director Carrie Core, was installed by Pacifica’s Arlene Engelhardt with no input from the KPFA community. Here’s the full story, including audio of Phillips and responses to his claims. (If you’d like to respond too, you can do so here.)

The SaveKPFA-affiliated majority on KPFA’s local station board wrote a letter to Phillips in April emphasizing the need to consult objective evidence, such as Arbitrons, in making programming changes. SaveKPFA has also presented management with its survey of nearly 1,000 listeners showing overwhelming dissatisfaction with Pacifica’s autocratic changes.

KPFA fund drive ends, thanks to all who contributed

UPDATE: The fund drive is over. Your pledges made a real difference during the last week, pulling the station out of an expected $150,000 deficit to an a smaller $80,000 shortfall, and raising $10,000 alone in the last hour of the drive during the Evening News.  Thank you!  You can still donate anytime at KPFA’s online site.

To support KPFA’s Spring Fund Drive, the station’s staff passed the hat at union halls, and circulating fundraising appeals online at KPFAWorker.org. They raised over $13,000 for on-air challenges “in support of KPFA’s workers.” Those pledges, raised during the last week of the drive, were announced on air and matched — and then some — by others who also called in with their support.

Soon, SaveKPFA will launch some exciting initiatives that you’ll need to be a voting member of KPFA to participate in — so stay tuned, and sign up for our email alerts if you haven’t yet.

General manager calls KPFA’s staff and listeners a “fifth column”

So, has Pacifica’s hand-picked KPFA manager Andrew Phillips welcomed the extraordinary off-air fundraising efforts by KPFA’s workers? Nah.

At the May 21 meeting of KPFA’s local station board, Phillips (who’d taken a week-long vacation in the middle of the fund drive), accused the station’s staff of making the fund drive fail because of their “dissent,” referred to KPFA’s workers and listeners as a “fifth column” (a reference to fascist infiltration of loyalist forces during the Spanish Civil War), and asserted that KPFA could operate without any paid workers at all.

This, from a person who refused to accept $63,000 of listener pledges to restore the Morning Show, and whose own salary is among KPFA’s highest. When the audio from the public local board meeting is available, we’ll post it so you can listen for yourself.

Judge calls Pacifica back into court for contempt hearing

The Pacifica National Board has removed elected SaveKPFA listener delegates Dan Siegel and Laura Prives in apparent defiance of an injunction from Alameda County Superior Court Judge Frank Roesch. Roesch has scheduled a hearing on enforcing his injunction for June 3, and a contempt of court proceeding against Pacifica and two of its board officers for July 1.

Morning “Mix” to return

Just before the fund drive started, KPFA managers announced that the ill-conceived replacement for The Morning Show — called the Morning Mix — would end. They also announced sweeping changes to KPFA’s programming that listeners overwhelmingly rejected. According to a memo sent to staff on Friday, management is now backing off its programming changes, but also extending the Morning Mix’s lease on life.

PRESS CLIPS: California Labor Federation on KPFA fundraising | David Bacon’s Letter to Labor Activists