LSB minutes - December 2004

Minutes
Regular Meeting of the KPFA Local Station Board
December 18th, 2004 at the Freight and Salvage Coffee House, Berkeley
Final meeting of the outgoing LSB – First meeting of the incoming LSB

Minutes were recorded by Eric Klein, FSRN Tech Producer.

Members present constituting a quorum: Gerald Sanders, Willie Ratcliff, Riva Enteen, Bonnie Simmons, Marnie Tattersall, Mary Berg, Ted Friedman, Michael Lubin, Max Pringle, Fadi Saba, Max Blanchet, Sepideh Khosrowjah, Howard Beeman, Sarv Randhawa, Anne Hallatt, William Walker, Mark Hernandez, LaVarn Williams, Miguel Molina, Lisa Rothman, Debbie Speer, Carol Spooner.

Absent: Steve Conley, Jane Jackson, Willie Thompson.

Meeting commences at 11:20am.

I. Introductions and Announcements

LSB Chair, Riva Enteen convenes the meeting and the Board members introduce themselves.

II. Review/Approve Agenda

Carol Spooner moves to approve agenda.

Mark Hernandez moves that agenda item 17 (to continued the vote count to determine the new alternate Program Council listener representative to replace Attila Nagy) be moved to precede the seating of the new member.  This would allow the outgoing members to vote on it rather than the new members.

Seconded.

Call to end debate.

13 in favor, 6 opposed. Agenda approved as amended.

III. Review/Approve Minutes of Meetings of 9/11 and 11/6

Carol Spooner moves to approve both minutes of  9/11 and 11/6.

Seconded.

Sarv Randhawa moves to strike from the minutes of 11/6 the Chair’s reprimand of him.

Motion for a roll call vote on Sarv’s motion.
17 in favor.  1 opposed. Motion for roll call vote approved.

Roll Call vote to strike reprimand from minutes of 11/6.

Howard Beeman: yes
Mary Berg :  yes
Max Blanchet:  no
Riva Enteen: abstain
Ted Friedman:  no
Ann Hallatt: yes
Mark Hernandez:  yes
Sepideh Khosrowjah:  no
Michael Lubin :  no
Miguel Molina:  no
Max Pringle:  yes
Sarv Randhawa:  yes
Willie Ratcliff:  yes
Lisa Rothman:  yes
Fadi Saba : no
Gerald Sanders:  no
Bonnie Simmons:  yes
Debbie Speer:  yes
Carol Spooner:  no
Marnie Tattersall:  yes
William Walker: yes

12 in favor. 8 opposed. Motion to strike reprimand passes.

Ted Friedman proposes the following motion:

·          Whereas the outgoing KPFA LSB conducted a vote for community representatives for the Program Council,

·          and whereas Attila Nagy was elected the alternate community representative in that vote,

·          and whereas Attila has been elected to the LSB and for that reason cannot serve as alternate community representative:

·          Therefore we request that the vote counting of our original votes for community representatives for the Program Council be continued to determine the next runner up in order to identify the next alternate community representative.

Seconded.

William Walker proposes amendment that funds be allocated to count the STV votes by computer software.

Amendment passes without objection.

Move to Unanimous consent to the amendment.

Motion passes 17 to 1.

Miguel Molina raises a question regarding the legitimacy of the election of staff representatives to the LSB because a large proportion of staff members never received ballots.  Molina submits a letter from Solange Echeverria and others challenging the legitimacy of the KPFA staff election.

Echeverria’s letter challenging the staff election is included in Appendix  1.

Miguel Molina moves that in view of the question about the legitimacy of the staff election, that the LSB not seat the new staff representatives at this meeting.

Seconded. Debate ensues.

Amendment to the main motion by Carol Spooner: that the new staff representatives not be seated until the National Election Supervisor provides an official resolution to the challenge to the staff election filed by Solange Echeverria.

Seconded.

William Walker proposes an amendment that neither the new staff nor listener representatives be seated until the National Election Supervisor provides an official response to the challenges to the election.

Seconded. Discussion.

Motion to end debate on Walker’s amendment.

16 in favor. 1 opposed. Debate is ended.

Call for roll call vote.  Passes without objection.

Roll Call vote on Walker’s amendment.

Howard Beeman: no
Mary Berg :  yes
Max Blanchet:  no
Riva Enteen: abstain
Ted Friedman:  no
Ann Hallatt: yes
Mark Hernandez:  abstain
Sepideh Khosrowjah:  no
Michael Lubin :  no
Miguel Molina:  no
Max Pringle:  abstain
Sarv Randhawa:  no
Willie Ratcliff:  no
Lisa Rothman:  no
Fadi Saba : no
Gerald Sanders:  no
Bonnie Simmons: no
Debbie Speer:  no
Carol Spooner:  no
Marnie Tattersall: no
William Walker: yes
LaVarn Williams: no

3 in favor. 16 opposed. 3 abstentions.  Amendment fails.

Unknown member moves to amend main motion so that outgoing staff reps shall remain seated until the staff election challenge is resolved by a ruling by the National Election Supervisor.

Call to end debate.  17 in favor.  1 opposed.  Debate is ended.

Call for roll call vote on amendment that outgoing staff reps keep their seats.

Howard Beeman: yes
Mary Berg :  yes
Max Blanchet:  yes
Riva Enteen: abstain
Ted Friedman:  yes
Ann Hallatt: no
Mark Hernandez:  yes
Sepideh Khosrowjah:  yes
Michael Lubin :  yes
Miguel Molina:  yes
Max Pringle:  abstain
Sarv Randhawa:  yes
Willie Ratcliff:  yes
Lisa Rothman:  abstain
Fadi Saba : yes
Gerald Sanders:  yes
Bonnie Simmons: yes
Debbie Speer:  yes
Carol Spooner:  yes
Marnie Tattersall: yes
William Walker: abstain
LaVarn Williams: yes

17 in favor. 1 opposed. 3 abstentions. Amendment passes.

Main Motion as amended:

New staff delegates shall not be seated, and the current staff delegates shall remain seated, until the National Election Supervisor provides an official resolution of the challenge to the staff election as filed by Solange Echeverria.

Roll call vote on Main Motion as amended:

Howard Beeman: yes
Mary Berg :  no
Max Blanchet:  yes
Riva Enteen: abstain / yes
Ted Friedman:  yes
Ann Hallatt: no
Mark Hernandez:  no
Sepideh Khosrowjah:  yes
Michael Lubin :  yes
Miguel Molina:  yes
Max Pringle:  no
Sarv Randhawa:  no
Willie Ratcliff:  no
Lisa Rothman:  no
Fadi Saba : yes
Gerald Sanders:  yes
Bonnie Simmons: no
Debbie Speer:  abstain
Carol Spooner:  yes
Marnie Tattersall: no
William Walker: no
LaVarn Williams: yes

11 in favor.  10 opposed.  Amended motion passes (with the Chair breaking the tie).

IV. Former LSB listener representatives step down. New listener representatives are seated

The following newly elected listener reps are seated:

 Joe Wanzala, Richard Phelps, Attila Nagy, Chandra Hauptman, Sherry Gendelman, Rosalinda Palacios.

The following former members step down:

Mark Hernandez, Michael Lubin, Willie Thompson, Gerald Sanders, Steve Conley (not present), Jane Jackson (not present).

Members of the Local Election Committee reviewed the ballots for the Community Representatives on the Program Council and Les Radke announces that an error was made in the count reported last month.

V. Public Comment

Commences at 12:50 pm

Ends at 1:23 pm

VI. Chair Reads a Statement

Chair Riva Enteen reads a statement.

Ted Friedman moves that the statement be accepted into the record.

Seconded.

11 in favor. 9 opposed. 2 abstentions. Motion passes.

Chair’s statement appears in appendix.

VII. Report from General Manager

KPFA General Manager Roy Campanella presents the GM Report.

Questions and discussion ensue.

Carol Spooner asks to move the agenda.

12 in favor. 4 opposed. Agenda is moved.

Meeting recesses: 1:55 - 2:10 pm

VIII. Election of LSB Officers

Max Blanchet moves to delay the election of officers until after the staff election challenge is resolved.

Seconded. Debate ensues.

Amendment by Sherry Gendelman that interim officers be elected today.

Seconded.

Amendment by Ted Friedman that current staff members be retained until new staff members are seated.

Seconded.

Max Blanchet moves to end debate.

18 in favor. 4 opposed. Debate is ended.

Vote on whether to insert language that interim officers be elected into the main motion.

15 in favor. 4 opposed. Amendment is approved.

Motion as amended:

That the LSB will not elect permanent officers until the challenge to the seating of the staff reps is resolved, and that interim officers be elected today.

19 in favor.  1 opposed.  Motion is approved.

Nominations commence.

Sherry Gendelman nominates Rosalinda Palacios for Chair pro tem.

Carol Spooner nominates Chandra Hauptman

LaVarn Williams nominates Richard Phelps

The Board casts votes.

Rosalinda Palacios is elected and assumes the Chair.  Riva Enteen steps down.

Fadi Saba moves to excuse absences.

Motion retracted when it is noted that there are no absences.

IX. Treasurer’s Report

LaVarn Williams presents the Treasurer’s Report.

X.  Election of Vice Chair pro tem

Fadi Saba nominates Ted Friedman for Vice Chair pro tem.

Howard Beeman nominates Bonnie Simmons.

The Board casts votes.

Bonnie Simmons is elected Vice Chair pro tem

XI. Training and Scheduling of Meetings

Fadi Saba moves that the LSB meet on January 8, and thereafter that the LSB meets at the 4th Saturday of each month.

Seconded.

Lisa Rothman reports on LSB training

Lisa Rothman moves that a Training/Tutorial Retreat for the LSB be held at the Center for Non-Violent Communication on January 22.

Max Pringle suggests LSB be queried to see how many can meet at various possible dates.

Carol Spooner moves to amend motion:

(1)   to set the next meeting separately from the others,
(2)   members rank their choices on possible meeting days,
(3)   that the Delegates meeting be held on January 9 in time for the PNB meeting in Los Angeles.

William Walker moves that the Training Retreat be held in place of the regular LSB meeting on January 22.

Chandra Hauptman proposes amendment that the LSB meet an hour earlier for a meet and greet session on January 22.

Carol Spooner proposes amendment that the four hour facilitated retreat be held on January 22, and that the LSB holds a regular meeting on January 29.

Seconded.

17 in favor. 2 opposed. Amendment passes.

Vote on Main Motion as Amended:  Training/Tutorial Retreat for the LSB be held at the Center for Non-Violent Communication on January 22 and that the next regular LSB meeting be held on Jan 29.

18 in favor.  None opposed. 4 abstentions. Motion as amended passes.

Lisa Rothman moves to amend that the parliamentarian training be conducted two hour prior to LSB meeting on January 29.

Seconded.

Mary Berg moves to amend that the regular meeting on January 29 will be a maximum of two hours 30 minutes, proceeded by a two hour parliamentary training.

Seconded.

15 in favor.  2 opposed. 4 abstentions. Amendment passes

Motion as amended: That the LSB hold a regular meeting no longer than two hours 30 minutes on January 29 be preceded by a two hour parliamentary training session.

18 in favor.  0 opposed. 2 abstentions. Motion as amended passes.

XII Treasurer pro tem elections

Sepideh nominates Max Blanchet for Treasurer pro tem.
Sarv nominates Marnie Tattersall
The Board casts votes.
Max Blanchet is elected Treasurer pro tem.

XIII Secretary pro tem

Sepideh nominates Ted Friedman
Max Pringle nominates Mary Berg
Board casts votes.
Ted Friedman is elected Secretary pro tem

XIV KFCF report

Debbie Speer presents the KFCF report, followed by questions and answers.

XV. Election Committee Report

Les Radke presents Election Committee Report.

Richard Phelps proposes a motion:

The KPFA LSB encourages the PNB to reactivate the National Elections Committee immediately to investigate, review and report back on what went wrong with the election and make recommendations to avoid such problems in the future.

William Walker proposes to amend the motion so that the process should be completed by March 2005.

Max Blanchet proposes to amend the motion so that the investigation shall be completed and submitted to all of the stations no later than May 2005.

Debates ensues.

There is a motion to end debate.
The motion to end debate passes without objection.

Max Blanchet's amendment passes without objection.

The main motion as amended:

The KPFA LSB encourages the PNB to reactivate the National Elections Committee immediately to investigate, review and report back on what went wrong with the 2004 station elections and make recommendations to avoid such problems in the future.  This report shall be completed and submitted to all of the stations no later than May 2005.

The main motion as amended passes without objection.

XVI. LSB RADIO SHOW REPORT

Tracy Rosenberg presents a report on LSB Radio Show scheduled on December 27, 2004. Followed by questions and answers

Meeting adjourns at 4:35 pm.

 Submitted by Ted Friedman, LSB Secretary

Approved by KPFA LSB on January 29, 2005

APPENDIX I
Letter Challenging KPFA Staff Election

TO:         KPFA FM 94.1 and Pacifica Foundation

FROM:  Solange Echeverria

To           Kenny Mostern, National Election Supervisor;
               Dan Coughlin, Pacifica Executive Director;
               Marty Durlin, Chair of the Pacifica National Board;
               Brian Johns, Local Election Supervisor;
                Riva Enteen, Chair of the KPFA Local Station Board;
               Nicole Milner, Chair of the Local Election Committee:

TO ALL PARTIES CONCERNED:

Please consider this to be a formal demand /request to redo the staff election from the undersigned staff members and all other staff members who we haven't heard from yet who also didn't receive a ballot or didn't receive a ballot in a timely fashion to exercise their right to vote or threw away their ballot when they received it after November 15, 2004.

It is well established that this election was not properly conducted in many ways. The bylaws required that the ballots be mailed to the voters on October 15, 2004. It was announced on the air that if you didn't receive a ballot by November 12, 2004 you could call a number and a replacement ballot would be sent 1st class. Many people called that number and the recorder was full. On or about November 16, 2004 it was made public that the ballots weren't mailed until November 2, 2004. The ballots were mailed 3rd class.

The final day to receive mailed ballots was extended from November 15, 2004 to November 29, 2004. When the ballot didn't start to come in until late in November the deadline date was extended again to December 4, 2004. Sometime after that it was announced that contrary to the initial rule, ballots could be dropped off at the station on December 4, 2004. It was decided that the ballots would be counted on Monday December 6, 2004.

A few days before December 6, 2004 the rule was changed again so that people that didn't get ballots could vote on Monday December 6, 2004 at the vote counting location. The time that this location was to open changed from morning to noon sometime after that date was chosen.

Printed on the ballot was a notice that the last day for votes to be received was November 15, 2004. Some ballots were mailed in envelopes that identified them as SEIU ballots.

Given all the confusion, caused by changed final dates of ballot return (11-15, 11-29, 12-4 & 12-6)  and methods of returning a ballot (mail only, drop at station on last day, bring in to vote counting location two days after third last day) is it any wonder that someone that works at the station occasionally and/or doesn't live near the station and didn't get a ballot or got it after November 15, 2004 wouldn't know what to do? Calls by staff to inquire about missing ballots were not always responded to promptly, if at all. The week before the election the word was out at the station that lots of staff had not received a ballot. As far as we know nothing was done to cure the problem.

On a personal note, I telephoned Brian Johns on several occasions in the weeks leading to the election and left message after message that I had not received a ballot and that there were serious issues regarding the election. I never got a call back until after the election.

The bylaws require that the election calculate the votes using the Single Transferable Voting method. The purpose of this is to make sure that a majority will not easily claim all the seats on the board. In this election the last candidate confirmed as a winner won by a very small margin over the next runner-up. The votes of those signed below that didn't receive a ballot could have and probably would have changed the outcome.

The fact that many staff members didn't receive a ballot makes this staff election invalid. The bylaws require a quorum of 25 percent to make the election valid. This is based on the assumption that voters received ballots and that only so many chose to vote. Given the small number of votes each staff vote is very important. In this staff election enough voters to change the results of the last seat didn't receive ballots. Bonnie Simmons acknowledged less than a week before the end that many staff members hadn't received ballots and there was discussion about redoing the election. Given the small staff size, under 250, it would be inexpensive to redo this election with 1st class mail and do it right in very little time.

KPFA is at a critical juncture. There is no way we can move forward bring us together as a community if there is even a slight suspicion of election fraud or incompetence. We have no business criticizing the failures in Ohio if we ourselves do not hold ourselves to the exacting high standards that honorable elections deserve.

This staff election must be redone and redone correctly in order to have results that are credible. Thank you.

 

The following is a list of those that did not receive their ballots. This list may not be complete, as many staff were not available to survey.

 

NAMES                                                              DATE

Dennis Bernstein                                               12/13/04          did not receive ballot

also challenging election

Miguel Gavilan Molina                          12/13/04          did not receive ballot

also challenging election

Waylen Southen                                               12/13/04          did not receive ballot

Maya Orozco                                                   12/13/04          did not receive ballot

The list of those that did not receive the ballot is in no way complete. You will be receiving signatures of others challenging the election, however, we are sending this in so that the challenge is processed properly.

Respectfully,

Solange Echeverria
Miguel Molina
Dennis Bernstein

APPENDIX II

Statement from outgoing LSB Chair Riva Enteen

This has been a very difficult year for democracy at Pacifica, including this LSB.  It has also been a horrifying year politically, highlighted with continuing massacres in Iraq and Palestine, a US/French led coup d’etat in Haiti and now massacres there, and what appears to be a stolen US Presidential election, which the Right now calls a mandate to continue its plunder.

In each of these issues, Pacifica has shown itself to be invaluable as well as sorely inadequate.  We need to build on our strengths and overcome our weaknesses.  I intended the recent forum at La Pena to be such a dialogue.  130 people attended that event.   I would like to again raise some of the issues discussed there.

The LSBs and PNB are unusual in that they obtained their governing authority through a court settlement.  It is clear that some members of staff as well as some board members throughout the network, do not accept this new reality.

Bill Mandel has said “The entrenched staff act as a disciplined voting block which prevents the new governing board from being more than the advisory board that preceded it.  The biggest problem facing the national board from accomplishing anything, especially regarding programming, is breaking the stranglehold that senior paid staff now have on the stations.”

I agree.  One of my greatest frustrations this year is that I still see an incredible lack of transparency.  How are national programming decisions made, such as coverage of the DNC, RNC, 9-11 Truth Commission and Ohio Voter Fraud hearings?  Is it just Dan Coughlin, Pacifica’s executive director?  What I see is critical, is ending what Gus Newport called our culture, and lack of system.  We need a transparent system, which sets standards, develops editorial policy, evaluates programs, and solicits new programs.

At La Pena, James Vann received tremendous applause when he said listeners don’t want to hear news off the AP wire.  The KPFA news subcommittee has begun to work on influencing the news department, but has met great resistance.  Aileen Alfondary told me several months ago that President Aristede wasn’t kidnapped because he walked onto the plane.  Where is the mechanism where those decisions are made, and can be questioned?

At the beginning of my term as Chair, I said to one of the staff reps on the board, “Let’s hope our work will help make the station stronger.”  She said, defensively, “The station is already strong.”  I said “It might be strong, but at this time in history, it must be as strong as possible.”  Gus Newport said “The saddest thing about Pacifica is how good it could be.”  Let’s try to get there together.

Riva Enteen, KPFA LSB Chair
December 18. 2004

Appendix III
KPFA Local Station Board
Finance Committee Report

Saturday, December 18, 2004
 
            Total revenue of $4.4 million dollars and total expenses of $3.1 million including central services of $0.7 million
            Total excess income over expenses is $608 thousand dollars

    KPFA Income Statement for the Fiscal Year Ending September 30, 2004

m       The station enjoyed a successful fund drive in October with pledges exceeding $977 thousand dollars plus internet pledges exceeding $30K

m       The surplus includes the required one month of operating reserves of approximately $300K

            Total revenues are better than budget by $387 thousand dollars or 9.6% due primarily to successful fund drives and community events
            Total expenses are worse than budget by $(194) thousand dollars or (6.6)% due to:
            
                 Salaries and consultant expenses are worse than budget; offset by 403B matching contributions
                Administrative Expenses: Expenses are worse than budget due primarily to Conferences and travel; LSB elections are over budget by $(15.5) thousand dollars due to failure to adequately outlook costs for listener elections
                Programming Expenses: Satellite fees over budget due to NPR satellite fees $(6.3)K.
                Development Expenses: Premium costs and shipping over budget due to increase in listener support (some may be premiums from last fiscal year)
            
                Community Events Expenses: January 18 (Franken) and April 15 (Goodman) events were not in budget - both income and expenses are over budget
                Central Services expenses directly related to Listener Support (20%)

o       KPFA FY 2005 Budget
        
            KPFA Budget approved by the Local Station Board in a vote of 16 YES to 0 NO with one abstaining; budget opportunities to be addressed as part of the motion follow.
            Total income is revised upward to $4.6 million dollars that is approximately $0.1 million higher due to additional CSG funding.  KPFA is now designated a minority station by the CPB. Total CPG/CSG funding is now approximately $0.5 million and total approximately 10% of total income. Total income is budgeted at 10% higher than Fiscal Year 2004 Forecast and 15% higher than FY 2004 Budget.  Net excess income over expenses total $0.7 million dollars and include one month of operating expenses of approximately $0.3 million dollars.

o       KPFA FY 2005 Budget Opportunities to be Addressed
        
            The funding of sustaining programs  – the need to fund relatively new programs that are currently not funded in this year’s budget but have a successful format established
            Cash flow projections for FY2004 and FY2005 for KPFA and the network
            Preliminary legal debt retirement plan does not address missing periods during FY2002 and needs additional information
            The need for Title 24 and ADA upgrades, improvements and requirements to pass an ADA audit and Title 24 audit
            The total cost of building improvements for the station and the former restaurant property
            National policy on additional assessments to stations during funding shortages to be provided by CFO to determine future exposures in budget and in the network central services
            Prior year inter-station transfers to be provided by CFO to determine possible opportunities in budget
            Pacifica National revenue forecast methodology to be provided by CFO for review to determine possible opportunities/exposures
            Headcount and consultant detail for 2004 and 2005 to be provided by KPFA interim General Manager
            Marketing Plan for station and promotional activities
            Race and Nationality Committee policies implementation

Respectfully submitted,

LaVarn Williams
LSB Treasurer and Chair Finance Committee

LSB Election Info

KPFA Local Election Supervisor

  • 510-848-6767 ext 266

 

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