KPFA recall vote

Recall response: we called it!

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Return KPFA to us nowSIGN THE PETITION HERE
In our last newsletter we pointed out that, when Tracy Rosenberg used a lawsuit to scuttle the count of recall ballots, her own court filings argued that it would cost KPFA very little money to fix the recall’s procedural problems by sending out a new ballot in the same envelope as the general election ballots due to be mailed on November 6.

Here’s what Rosenberg’s legal filing says: “It is understood that that PACIFICA has incurred expenses in conducting the present recall….However, the cost to Pacifica of a new election can be mitigated since it is about to begin a general election, and it is possible that a recall election can be conducted in tandem therewith, thereby avoiding some duplication in cost.”

We also predicted that, having won an injunction from the court, Rosenberg would make a 180-degree turn and try to prevent KPFA from doing just that — conducting a quick, cheap re-vote by stuffing an extra piece of paper in each ballot package.

True to form, Rosenberg delivered, arguing during the last meeting of KPFA’s Local Station Board that it would be too expensive to include a re-done recall ballot on November 6. (You can listen to the October 6 meeting here: part a, part b, part c, part d, part e. The recall discussion occurs in part d.)  And she wonders why KPFA listeners want her out of Pacifica?

It’s time for listeners to once again speak up. TAKE A MOMENT TO SIGN THIS PETITION, asking Pacifica’s election supervisors and national board allow all KPFA listeners to have a vote on the recall as part of this fall’s general election.

And after you’ve done that, please help us spread the word by forwarding this newsletter to friends who may be KPFA listeners. Thank you!

Mark your calendars: recall ballot count in court Sept. 11

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Pacifica treasurer Tracy Rosenberg filed suit last month to halt the recall vote count, charging that Pacifica had delayed the vote too long. The recall was initiated nearly a year ago when over 800 KPFA listeners signed SaveKPFA petitions demanding a recall vote on Rosenberg. Over our repeated protests, Pacifica delayed the recall election past December 31, 2011 — which was the date called for in its own rules and bylaws.

Now Rosenberg is asking a judge to throw the recall out, and for Pacifica to pay her attorneys’ fees, because of the delays. But Pacifica’s legal counsel Andrew Gold writes in an August 27 brief to the court that Rosenberg “is complicit in the actions of the PNB that caused the delay in the selection of an election supervisor and thus the delay in the distribution of ballots. As a result, she cannot benefit from that delay.”

“Plaintiff Rosenberg participated in all of the PNB meetings where the recall election was discussed,” writes Gold, “and personally opposed one of the proposed election supervisors….Despite her intimate knowledge of the procedures, and her involvement in all of the decisions being made, Ms. Rosenberg never objected to the delay in appointing an election supervisor, never raised any issue concerning the record date…and never questioned the timing of the distribution of the ballots. Instead, she waited until the very end of the process to file her complaint.” | READ MORE at the court’s website; enter case number RG12641585. (Gold’s brief is dated 8/27/12 and titled Opposition to Application for Preliminary Injunction Filed.)

NOTE DATE CHANGE: The case will be heard on Tuesday, September 11 at 2:30pm in D-514 in the Hayward Hall of Justice (directions). The public is welcome to attend, so mark your calendars!

In early August, a large number of ballots was picked up by the election supervisor from the Berkeley Post Office, and as witnesses watched, transferred under court order to safe deposit boxes at nearby banks (see photo here).

Rosenberg sues over KPFA recall, ballot count delayed

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It’s been almost a year since SaveKPFA submitted over 800 signatures from KPFA listener-members seeking the removal of Pacifica Treasurer Tracy Rosenberg — the architect of Pacifica’s purge of the Morning Show. Against our wishes, and over our repeated protests, Pacifica delayed the recall election past December 31 — which was the date called for in its own rules and bylaws. That bought Rosenberg’s supporters six months to raise money for a “no” campaign mailing.

In a bizarre turn of events, Rosenberg has now sued Pacifica over that very delay. Her legal argument? That the gap between the voter eligibility deadline Pacifica set when it verified the recall petitions, and the date Pacifica actually mailed the ballots, is too long. Her suit asks for the recall election to be thrown out altogether, and asks the judge to make Pacifica pay her attorneys’ fees. Don’t expect Pacifica’s attorneys to defend this one too vigorously…

On August 1, an Alameda County Superior Court judge issued a temporary order to place all recall ballots under seal until a hearing on Rosenberg’s lawsuit, now scheduled for September 10. On August 4, SaveKPFA observers documented the retrieval of recall ballots from a Berkeley PO box, and their sequestration in a nearby safe deposit box. They report what appears to be a VERY LARGE number of ballots waiting to be counted (see photo at above). SaveKPFA offers a few thoughts on these latest developments:

  • Rosenberg could have raised her procedural concerns much sooner — perhaps even before ballots were mailed. The suit doesn’t appear to be the action of someone who wants a smooth election process, but rather that of someone seeking maximum delay.
  • Rosenberg filed the suit just before ballots were to be counted, and sought an order to prevent the counting itself (rather than to prevent Pacifica from acting on whatever the count was). This indicates Rosenberg expected to lose the vote count.
  • Any remedy likely to come from her lawsuit — including an entirely new election — is unlikely to produce a different result. So Rosenberg appears to be playing for time.

Rosenberg told the East Bay Express that the vote was too expensive, but KPFA listener-member Mark Spindler told the Daily Californian that “the question should be why is Pacifica teaming with anti-union attorneys” to use donations to fight listeners and staff. He added that Rosenberg “needs to be held accountable for what she has done, and this recall is the vehicle for that.”