Rosenberg sues over KPFA recall, ballot count delayed

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.”

This weekend: Come to PNB meeting to demand no more cuts!

It’s been three years since the Pacifica National Board met in Berkeley — and the first time the board has had to face our community since Pacifica killed the Morning Show, claiming financial necessity. The board is coming here this weekend.

At this moment, Pacifica is trying to impose $300,000 in new cuts on KPFA. KPFA’s manager estimates this would entail cutting 7 to 8 positions. He hasn’t specified which, but it would be enough to eliminate Letters & Politics, Against The Grain, UpFront and Hard Knock Radio — nearly every daily program produced at our radio station.

These cuts are completely unnecessary. KPFA’s financial statements show that, as of June, KPFA’s bottom line is slightly better than budget, and the station is on track to run a six-figure surplus by September 30, the end of the fiscal year. (See this Pacifica audit story for a fuller picture of the network’s finances.)

The 22 members of the Pacifica National Board need to hear from KPFA listeners, when they meet July 20-23 at Berkeley’s Durant Hotel, 2600 Durant Avenue (@Bowditch in Berkeley | MAP). Pacifica hasn’t posted an agenda yet, and sadly, it looks like the board may spend most of its time in “executive session,” behind closed doors. Some of these board members refused to even read KPFA listener emails earlier this year.

SO PLEASE JOIN US AT THE BOARD MEETING SATURDAY AFTERNOON, 7/21 — that’s when we expect the board to have open sessions and take public comment. Come then and you’ll meet up with KPFA staffers like Letters and Politics host Mitch Jeserich, Against the Grain co-host Sasha Lilley, KPFA News anchor John Hamilton, and many other SaveKPFA supporters who will be at the meeting.

There is also an OPEN RECEPTION for the board at the station Friday night, 7/20 from 7-10pm. (Address: KPFA, 1929 Martin Luther King Jr. Way, Berkeley) Please attend if you can – you’ll be able to talk directly with PNB members there!

Pacifica’s long-awaited audit shows where the money goes

get out of bed with scott walkerPacifica’s audited financial statements for the years ending September 2010 and 2011 have finally been released. You can download the reports at Pacifica’s website. The independent auditor raises “substantial doubt” that Pacifica can continue as a “going concern” without making changes in the way it operates.

The audit shows that of the network’s five stations, KPFA is the wealthiest, with net assets of $3.2 million. KPFK in Los Angeles is the only other station in the black. The rest are underwater. Worst of all is WBAI in New York, which has been operating under Pacifica-installed management for nearly four years. WBAI has a current net worth of NEGATIVE $3.3 million — with a deficit of $750,000 in 2011 alone.

You can also see from these audits that Pacifica’s National Office raises very little of its own funds. The lion’s share of Pacifica’s budget — $2,001,298 — comes from imposing a “levy” on the 5 stations (KPFA, KPFK, KPFT, WPFW and WBAI), of which KPFA pays roughly one quarter.

Where’d Pacifica’s $2 million go? The National Office doesn’t produce any programming of its own, but it carries personnel costs of about $1.1 million — mostly in management-level salaries. And it’s been spending increasing amounts on “legal fees.” In 2010, legal fees came to $328,433. In 2011, they grew to an astonishing $538,417. Some of it has been spent on expensive lawyers fighting legal actions sparked by Pacifica’s heavy-handed tactics at its member stations. In addition, SaveKPFA’s review of legal bills reveals that Pacifica has paid attorneys up to $500 per hour to come up with legal strategies for obstructing the KPFA recall election currently underway, and blocking dissident board members’ legal right to inspect records (such as legal bills).

Since 1999, the costs of supporting Pacifica’s national bureaucracy has grown from 9% to 20% of the network’s total income. To give some perspective, the National Office’s budget is twice the size of either KPFT or WPFW, and it’s nearly the same size as each of the other three stations (KPFA, KPFK and WBAI). Pacifica was meant to be a coordinating body to provide support and reduce costs, but it has become the opposite of that. It produces no radio programs, but spends huge sums on executive salaries and costly, unproductive board meetings. KPFA could operate much more easily if it did not have to pay 20% of its listener contributions to Pacifica.

PLEASE JOIN US AT THE BOARD MEETING SATURDAY AFTERNOON, 7/21 — that’s when we expect the board to have open sessions and take public comment. Come then and you’ll meet up with KPFA staffers like Letters and Politics host Mitch JeserichAgainst the Grain co-host Sasha LilleyKPFA News anchor John Hamilton, and many other SaveKPFA supporters who will be at the meeting.

There is also an OPEN RECEPTION for the board at the station Friday night, 7/20 from 7-10pm. (Address: KPFA, 1929 Martin Luther King Jr. Way, Berkeley) Please attend if you can – you’ll be able to talk directly with PNB members there!

For background, read Brian Edwards-Tiekert‘s open letter on layoffs and our report on Pacifica’s demand for $1 million in cuts at the stations.