legal

KPFA donors file complaint against Pacifica with Attorney General over recall vote

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Charging that the Pacifica Foundation has failed to follow its own rules in holding a listener-prompted recall election, a group of KPFA listeners has filed a formal complaint with the state Attorney General‘s office, which oversees California nonprofits.

“It’s ironic and disturbing to see these tactics from a network founded to uphold progressive values of free speech and participatory democracy,” said Ying Lee, a longtime Berkeley activist and KPFA supporter. “Whatever their views on station politics, listeners should be outraged by Pacifica’s flagrant violation of its own bylaws.”

In September, hundreds of KPFA members signed petitions calling for the recall of Tracy Rosenberg, who serves as treasurer of the Pacifica National Board. Among other things, Rosenberg was the architect of Pacifica’s destruction of what was the station’s top fundraiser — the KPFA Morning Show.  She also pushed through measures that denied KPFA’s elected representatives their seats on the Pacifica National Board until they were overturned by court injunction. Read KPFA Local Station Board chair Margy Wilkinson‘s YES on KPFA recall, as delivered to the Marin Peace and Justice Coalition.

KPFA management certified the signatures as valid on November 1, triggering a December 31 deadline — under Pacifica’s own rules — to mail recall ballots to all KPFA listener-members. But no ballots were ever sent.

That may change soon:  SaveKPFA filed its complaint with the Attorney General on Tuesday, February 28. By Wednesday, Pacifica National Board chair Summer Reese indicated she was prepared to hire someone to run the election, and that ballots would be mailed soon — but she did not specify when.

Democracy when? Still no ballots and paychecks bouncing

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Still nothing from Pacifica on when ballots will go out in the  recall of Tracy Rosenberg. As a reminder: Pacifica’s own rules for recall elections required it to send out ballots no later than December 30, 2011. That’s nearly 6 weeks ago!

One thing Pacifica’s delay has accomplished (probably by design): it’s bought Rosenberg time to build a campaign machine, and for the Pacifica-imposed interim manager at KPFA to start using station resources to support her efforts.

Thank you to those who have signed the online petition (over 1100 currently) or written letters to Pacifica demanding an impartial recall supervisor. SaveKPFA is also considering legal options for forcing Pacifica to comply with its own rules.

Now Pacifica’s bouncing paychecks, too
KPFAWorker.org has published an email from KPFA’s union, CWA Local 9415, sent to Pacifica management. The message spoke to two issues: bounced paychecks and the network’s illegal withholding of retirement contributions. Several employees across Pacifica’s stations — including one at KPFA — took their paychecks to the bank in January and got nothing to show for it but a bounced check fee. There’s been no explanation from management to staff about why it happened, or what Pacifica is doing to prevent a recurrence. Bouncing paychecks is a criminal offense.

This comes on the heels of revelations by KPFA’s union last fall that Pacifica had been diverting workers’ contributions to their retirement plans in order to pay other bills. At the time, Pacifica promised workers it would 1) catch up on payments to their accounts — which it eventually did, 2) pay them the legal minimum interest rate on the catch up payments — which it hasn’t yet, and 3) make timely contributions in the future. On that last point, KPFA workers report that their retirement accounts should have had two deposits from Pacifica in January — they’ve had none.

Pacifica National Board votes to waste listener dollars

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The Pacifica National Board met in Los Angeles during the last weekend in January 2012, spending the majority of its time in executive session consultations that were closed to the public.

Of the actions reported publicly, there are two concerning KPFA. First, the board  authorized its chair, Summer Reese, to appoint an elections supervisor to run the KPFA recall vote — something that should have happened two months ago. Reese said she’d “try” to do it within two weeks.

Secondly, Pacifica’s board has decided to appeal the court injunction that compelled it to seat SaveKPFA representatives Laura Prives and Dan Siegel last year. Such appeals have a very low likelihood of succeeding. What’s more, Siegel and Prives have already completed the terms the injunction applied to — and been re-elected to the national board — so the issue is now moot. We would call this another bid to disenfranchise KPFA’s duly-elected representatives, but it actually looks like something more petty: a quixotic waste of listeners’ money and SaveKPFA‘s time.

KPFA’s Local Station Board met on February 4, and among other actions, overwhelmingly passed this resolution with bi-partisan support criticizing Pacifica’s board for its money-wasting legal appeal and demanding it reverse course. The vote was 14-2 (the two voting against the measure were Anthony Fest and Janet Kobren). You can listen to the entire 5-hour-long KPFA board meeting here: part 1 | part 2