Summer Reese

Judge denies TRO to Pacifica board members backing terminated executive

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gavelToday, 9 members of the Pacifica National Board tried to convince an Alameda County Judge to overturn the actions of the democratically-elected majority sitting on that board. They lost.

The plaintiffs are Janet Coleman (WBAI), Carolyn Birden (WBAI), Manijeh Saba (WBAI), Luzette King (WPFW), Richard Uzzell (KPFT), Kim Kaufman (KPFK), Janet Kobren (KPFA), Heather Grey (Affiliates) and Janis Lane-Ewert (Affiliates). They were out-voted when the new Pacifica majority began making changes last month, such as renewing its programming and listener base, and terminating interim executive director Summer Reese, who reacted by breaking into Pacifica’s offices with bolt cutters and refusing to leave. Coverage appeared in the San Jose Mercury News and Reuters, among other places.

Those suing had gone to court without following basic due process requirements: they didn’t communicate their intent to file a lawsuit beforehand; they didn’t even serve notice on the board members they are suing.

They had so badly mangled the procedural part of filing the lawsuit, that Judge Ioana Petrou didn’t even get into the merits of their argument. She denied their motion for a Temporary Restraining Order, and scheduled the next phase of the lawsuit — a preliminary injunction hearing — for May 6.

At one point, the plaintiffs’ attorney, Amy Sommer Anderson, asked for more time. “On very short notice, you put this on my calendar” the judge chastised her.

Pacifica National Board chair Margy Wilkinson said, “I hope today’s decision will encourage the plaintiffs to express dissent with their voices and their votes, not litigation. Pacifica is in a fragile state, and can’t afford the time or expense of this lawsuit.”

Hundreds of Pacifica’s listeners apparently agree, as they are signing and commenting on a petition demanding Reese and her supporters respect the majority’s decision.

Some still clinging to the past

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Reese using a bolt cutter to break into Pacifica's offices
Reese using a bolt cutter to break into Pacifica’s offices

[UPDATE 4/9/14 @10:05 am: The national board minority’s attempt to get a Temporary Restraining Order to allow Reese to keep her job has been DENIED by the Alameda County Superior Court. More news as we have it.]

Pacifica’s former interim executive director, Summer Reese, remains barricaded in her former office, which she broke into with bolt cutters four days after the elected Pacifica National Board voted 11-7 to end her employment. In violation of California law, she’s still illegally blocking elected members of Pacifica’s Board of Directors from entering the premises to look at financial records.

Over the past week, Reese made moves to sabotage Pacifica’s funding from the Corporation for Public Broadcasting by complaining to the organization’s Inspector General about financial problems that either took place while she was running the organization, or that she failed to fix during her tenure. Reese has also signed a lengthy declaration as part of vague, rambling lawsuit against Pacifica brought by her supporters on the national board (Carolyn Birden, Janet Coleman, Heather Gray, Kim Kaufman, Luzette King, Janet Kobren, Janis Lane-Ewart, Manijeh Saba and Richard Uzzell).

Not coincidentally, on the day those board members filed suit against Pacifica, they also filibustered a meeting of the Pacifica National Board that was intended to retain counsel for the foundation — an apparent attempt to sabotage the foundation’s ability to defend itself. National board members reported that the litigants were so disruptive in the closed portion of the meeting that they prevented the board from even approving its agenda before its mandatory adjournment time.

Terminated interim executive Summer Reese and her supporters have been generating prodigious amounts of misinformation, from wild allegations of corruption that she never raised before her termination, to breathless reports of police interventions that never actually occurred. The treasurer of the KPFA local station board has released a statement rebutting Reese’s charges of financial improprieties. All of KPFA’s financial information is publicly available.

SaveKPFA has prepared a concise Q&A that cuts through the smoke and deliberate obfuscation that seem to be a standard part of Reese’s game plan. The Q&A is also available as a PDF flyer you can download and distribute.

What you can do: Join the over 600 Pacifica network staff and listeners who have signed this open letter demanding Summer Reese leave peacefully. Signatories include former Pacifica National Affairs correspondent Larry Bensky, community activist Ying Lee, KPFA’s UpFront’s Brian Edwards-Tiekert, former Pacifica board chair Sherry Gendelman, KPFA’s Aileen Alfandary, labor journalist David Bacon, Alameda County School superintendent Sheila Jordan, KPFA’s Philip Maldari, former KPFA GM Jim Bennett and former KPFA iGM Andrew Phillips.

Comments by petition signers have been pointed. Listener Benjamin Balthaser wrote, “I am embarrassed by the actions of Reese and hope the station returns to its mission of providing critical and informative programming.” Lee Block wrote, “Pretty selfish of you to bring down the whole network because you feel dissed. You’re as bad as a Koch Brother.”

“This destructive behavior serves no purpose,” noted listener Saraswathi Devi. Listener and Free Speech Movement activist Lynne Hollander Savio captured the conclusion many observers have reached: “Unbelievable behavior, which just confirms the wisdom of the Board’s decision.” You can add your own name and comments here. | DOWNLOAD PDF FLYER OF OPEN LETTER

 

The truth about KPFA’s financial records, from the station’s treasurer

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KPFA-radio-dialThis is a statement released on 4/2/14 by KPFA’s elected Local Station Board treasurer, Barbara Whipperman.

“The business manager at KPFA is working on a complicated reconciliation of the KPFA financial records. The complications center around the records of income from credit card donations, many thousands of records. There are statements from credit card processing companies involved, as well as the monthly bank statements.

“The temporary controller from the national office wanted to take all records out of the KPFA office, saying she would complete the reconciliation in the national office. Neither the business manager nor I (KPFA LSB treasurer) agreed to this. In other words, we refused to turn over this function to the national office.

“There has been no refusal to prepare for the necessary audit, the preparations are under way. As treasurer, with many years experience in this kind of work, I have been assisting the business manager where possible. Any claim that all the other stations are completely ready for the auditors is completely false, and those in the national office who are
saying so, know that it is not true.

“I have personally examined the records in the KPFA business office. All records are complete and in order, in preparation for and up to the reconciliation to the bank statements, which, as I have said is well under way.”

Barbara Whipperman
KPFA LSB listener representative and Treasurer

FLYER: An open letter to Reese | FLYER: What’s happening at KPFA & Pacifica?