Documents

An Open Letter to Bob Farrell From Pacifica Reporters Against Censorship, October 19, 2001

Letter from Democracy Now! Staff to Pacifica National Board and Management, August 20, 2001

An open letter to Amy Goodman from KPFK's FIRED, BANNED, or DRIVEN OUT: (June 10, 2001)

Official Text of Congressman Major Owens Speech in Congress Regarding WBAI and Pacifica, March 8, 2001

Resolution of the KPFK Local Advisory Board-Unanimously Approved February 1, 2001

Ms. Magazine Writes To Pacifica, December 1, 2000

Marcos Frommer: The Scoop on KPFK

"Y2K Compliant" KPFK Programming Agreement, March 2000

"My Way or the Highway" -- July 12, 1995

Palmer Memo Suggesting Reprogramming and Sale of KPFA -- July 12, 1999

Joint Legistlative Audit Committee Report --August 20, 1999 Hearing (released 12, June 2000)


An Open Letter to Bob Farrell From Pacifica Reporters Against Censorship

-October 19, 2001

 

Date: Fri, 19 Oct 2001 19:04:13 -0700
Subject: An Open Letter to Bob Farrell From Pacifica Reporters Against Censorship
From: "PNN strikers" <pnnstrikers@igc.org>
To: Alfigo@aol.com

==============================================================

October 19, 2001

An Open Letter to Pacifica National Board Chair Bob Farrell
>From Pacifica Reporters Against Censorship

Dear Mr. Farrell,

We thank you for being the first representative of Pacifica national to acknowledge our strike against Pacifica Network News (PNN). Our formal response to your recent "Peace Initiative" is as follows:

We struck PNN in January, 2000 in response to rampant censorship which had become a way of life throughout a network founded on principles of free speech and open debate (see our Chronology of Censorship below).

Since we first launched our strike against PNN, hundreds of progressives around the country still refuse to give comment to PNN, while reporters around the world continue to honor our strike line. Our strike cast, Free Speech Radio News, is now carried by over 50 community stations, at least 41 of whom are Pacifica affiliates who have cancelled PNN (by contrast, PNN is now carried by only 19 stations). Further, FSRN is a testament to the time-honored Pacifica tradition of hard-hitting, truly progressive news reporting long-abandoned by the now-mainstreamed, hollow sound of PNN.

Our strike took place within months of the attempt to silence and reprogram Berkeley station KPFA, and shortly after Pacifica purged progressive voices from its newscast. Much to our dismay, the censorship from the highest levels of the network which first motivated our strike continues to this day.

Producers at several sister stations continue to be harassed, banned and fired for speaking out against an illegally-constituted corporatist board, and against management policies which aggressively stifle speech. New York station WBAI has been systematically dismantled as a progressive voice since its December 2000 midnight lock-down. Democracy Now!, the network's most popular program, has had its progressive content attacked by Pacifica's former national program director and other managers working on management's behalf. The network's national program Sunday Salon was censored and taken off the air one week after a segment included a KPFA staff statement as well as information concerning Pacifica's secretive finances.

Management has barged onto the air at regular intervals to broadcast dishonest and misleading reports to the listeners, reports which have consistently distorted the work of the powerful, national, grass-roots Save Pacifica Movement. These reports have also demonized the broad success of the Pacifica Campaign and its call for a national boycott. This management continues to hemorrhage millions of dollars of listener funds for market research, corporate credit cards, "security" costs, high-priced inside-the-Beltway lawyers--all the while attempting to conceal its financial malfeasance from the very listeners paying its bills.

The most recent violation to the vital spirit of Pacifica's historic anti-war mission came within days of the World Trade Center crisis. WBAI's interim general manager censored WBAI producers by ordering them over several weekend days not to cover the crisis, but instead to play "healing music."

We are part of a powerful constellation of national forces working to democratize this network, and will consider settling the strike once the following conditions are met:

1. We demand an end to the alteration and suppression of news stories and public-affairs programming; to programs being silenced; to the ousting of the network's award-winning signature voices; to dissident purges; to the elimination of program diversity; to left-cleansing and to censorship throughout the network.

2. We demand that the national board settle the claims against it regarding its illegal by-laws changes.

3. We demand the immediate reinstatement of all fired staff network-wide, and the immediate and permanent lifting of all bans which have kept staff members and listeners out of the station or off the air. We call for an end to all gag rules, for the removal of security guards, all security apparatus and for the restoration of regular programming.

4. We demand that Pacifica's local and national governance structure be democratized, and that general managers are selected bottom-up to guard against future purges. We also demand a guaranteed legitimate governance role for Local Advisory Boards

5. We demand that Democracy Now! be returned to Pacifica's air, according to the terms it deems fit to best protect the program and its staff. We demand that Sunday Salon also be restored as a national program with its former host.

6. We demand that Pacifica guarantee that all staff, paid and unpaid, be included in the collective bargaining units at all sister stations.

As a group of reporters our work speaks for itself. We are dedicated to truly informing the American people, a mission first animated by Lew Hill, and now being decimated by Pacifica's current management. We look forward to your written response at your earliest convenience. You can reach us at: pnnstrikers@igc.org.

Sincerely,

Pacifica Reporters Against Censorship Strike Committee
Martha Baskin, Seattle, WA (member, AFTRA Seattle)
Patrick Beckett, Copenhagen, Denmark
Aaron Glantz, Berkeley, CA
Miranda Kennedy, New York, NY
Sputnik Kilambi, New Delhi,
India Rafael Krafft, Occupied Palestine
David Landau, Berkeley, CA (KPFA Reporter)
Travis Lea, Mexico City, Mexico
Matt Martin, Berkeley, CA (KPFA Reporter)
Jade Paget-Seekins, Berkeley, CA
Kent Paterson, Albuquerque, NM
Leigh Robartes, Moscow, ID
Lisa Rothman, Berkeley, CA (member, CWA 9415)
Jeremy Scahill, New York, NY
Andrea Sears (member, NWU Local 1; WBAI News Editor)
Eileen Sutton, New York City (member, NWU Local 1; banned WBAI Reporter)
Vanessa Tait, Berkeley, CA (member, NWU Local 3 & CWA 9119, KPFA Reporter)
Robin Urevich, Los Angeles, CA (member, CFI-CWA; banned KPFK Reporter)
Randi Zimmerman, Tampa, FL (WMNF Reporter)

cc: Pacifica National Board; Executive Director Bessie Wash;
National Program Director Utrice Leid

Encl.: Chronology of Censorship

===============================================================

Fear and Favor at Pacifica: An Incomplete, But True, Chronology of Censorship At "Free Speech" Radio

Prepared by Pacifica Reporters Against Censorship January, 2000

* On March 31, 1999, Pacifica Radio Executive Director Lynn Chadwick orders the news department at Pacifica's flagship Berkeley station KPFA not to report on the dismissal of General Manager Nicole Sawaya, saying it does not constitute "news." The KPFA news team defies the order. The move comes two weeks before KPFA and Pacifica are to celebrate their 50th Anniversary.

* On April 9, Executive Director Lynn Chadwick fires veteran broadcaster Larry Bensky and cancels his national program, after he raises the issue of Sawaya's dismissal on his weekly show, Sunday Salon. Chadwick says Bensky violated a Pacifica rule barring the airing of "dirty laundry."

* On April 16, Pacifica station KPFK in Los Angeles pulls CounterSpin, a weekly half-hour program produced by Fairness and Accuracy in Reporting (FAIR), a media-watchdog group. The program includes an interview with recently fired broadcaster Larry Bensky.

* Pacifica station WPFW in Washington, D.C., interrupts the same CounterSpin program on April 19. Managers play music which continues throughout the show's normal timeslot.

* On June 18, Pacifica's national office cancels KPFA producer Robbie Osman's program after he speaks out against the firing of Nicole Sawaya and Larry Bensky. Community protests mount.

* On June 26, citing security concerns, Pacifica installs round-the-clock armed guards inside KPFA. Staffers denounce the move as an unwarranted escalation of the crisis and an attempt to stifle dissent at the station.

* On July 13, Pacifica locks out KPFA staff and community, and reprograms the station. Fifty-two are arrested, including KPFA news directors.

* On July 14, Pacifica managers pull the network's most popular program Democracy Now! from KPFK, WPFW and KPFA. The main story on the show that day addresses the crisis at KPFA. Executive Director Lynn Chadwick is interviewed live on the program and replies to critics.

* Pacifica chief Lynn Chadwick bars the July 14th edition of Democracy Now! from being put up on Pacifica's web site. Chadwick also blocks the Pacifica Radio archives from selling or distributing copies of the July 14th program.

* KPFK management restricts the KPFK News Department from reporting on the crisis at KPFA in Berkeley. Only AP wire stories on the crisis can be aired and only KPFK General Manager Mark Schubb, and approved programmers, discuss the issue on air.

* On July 16, KPFK edits a CounterSpin broadcast featuring KPFA local advisory board member J. Imani and media critic Norman Solomon to include commentary on Pacifica from KPFK station manager Mark Schubb.

* On July 21, WPFW carefully cuts out a story about the KPFA crisis on the Pacifica Network News (PNN), leaving the impression of a "seamless" show, strangely truncated in length. News director protests the alteration, charging that it constitutes a fraudulent misrepresentation of authorship.

* On July 23, Democracy Now! airs the same PNN piece by Verna Avery-Brown and Laura Flanders. Just before the story comes on, a WPFW announcer tells listeners that there are "technical problems" and switches to music. Once the story about the KPFA crisis is over, WPFW returns to the program. The station also airs a disclaimer following Democracy Now!

* One day after the 17-day KPFA lock-out ends, 10,000 rally in support of KPFA and free speech in the largest East Bay protest since the Vietnam War.

* Enfoque Latino, the only Spanish-language public affairs show on KPFK, is canceled in August following the airing of an item about a protest against Pacifica. The show is eventually reinstated after widespread protests.

* On September 1, KPFK chief Mark Schubb bans veteran award-winning news reporter Robin Urevich from the station. Schubb says Urevich breached journalistic norms by authoring an op-ed piece about the Pacifica crisis in RandomLenghts, an independent, bi-monthly publication.

* Radio Chicana, a weekly program on KPFK dealing with Chicano, indigenous and Mexican issues, is canceled after anchor John Martinez airs a segment on the KPFA crisis.

* On Nov. 1, PNN News Director Dan Coughlin is summarily removed as national news director. After airing a news brief on a Pacifica-affiliates boycott of Pacifica programming. Pacifica News anchor Verna Avery-Brown walks off the job in protest.

* On Nov. 9, WPFW interrupts CounterSpin in the middle of an item about the "reassignment" of PNN News Director Dan Coughlin. Managers play music over the story and return to the show once the item is over.

* In early December, WPFW cancels CounterSpin, FAIR's radio show. At the time, WPFW offers no rationale for its actions. Later, a Pacifica press release claims the show did not raise enough money on the listener-sponsored station.

* In mid-January, 2000, signature Pacifica voice Verna Avery-Brown officially leaves the network after 11 years as a reporter and anchor. Avery-Brown decries censorship and the disturbing trend away from progressive coverage in Pacifica's national news.


 

Letter from Democracy Now! Staff to Pacifica National Board and Management, August 20, 2001

 

TO: Pacifica National Board and Pacifica management FROM: Democracy Now! Staff
DATE: 8/20/01
RE: safety

As you know, the Democracy Now! staff spent last week negotiating with Pacifica management over how our safety could be guaranteed. The talks came after two attacks, one physical and one verbal.

On Friday, August 10, WBAI Station Manager Utrice Leid physically assaulted Amy Goodman. On Monday, August 13, the Operations Director Sidney Smith and morning show host Marjorie Moore began yelling at Amy as soon as she entered the station. They followed her to her office, and when Democracy Now! producer Brad Simpson closed the door after her, Smith used his master key to re-enter. They continued to yell at us as we tried to prepare for the morning's program, until the on-air host came out of master control to tell them to stop disturbing his broadcast.

We left after our broadcast, believing we could no longer safely work at WBAI. We waited for a response to our Friday e-mails to management about the first attack. When no response came, we wrote our second letter laying out why we felt we had no recourse, but to find an alternative space from which to broadcast and produce Democracy Now! It was only then that management responded.

For the next three days, the Democracy Now! staff negotiated in good faith, attempting to reach agreement with management on a minimum set of safety guarantees for our return. We agreed not to comment publicly during the negotiations.

Meanwhile, the situation at WBAI deteriorated. On Thursday morning before Democracy Now!, the newly installed morning show staff used the time to encourage listeners to attack Amy and Democracy Now! As further evidence of the increasingly unprofessional and hostile workplace, when people voiced their support, the hosts either mocked them or cut short their calls with the sound of a flushing toilet.

On Saturday, the verbal harassment reached a peak, when producer Clayton Riley said on the air: "When you talk about the enemy, you find the enemy, you isolate the enemy and you destroy the enemy. These people have put themselves in the position of being the enemies. This conflict is not going to end, in my judgment and let me be clear about that, until the dissidents, until the so-called exile community is destroyed. Unequivocally."

This echoes Station Manager Utrice Leid's own oft-repeated comments, some of which aired around the nation on NPR's Morning Edition of June 21st:

"I need you stalwart soldiers out there. This is a call to arms. I told you, it's a war." Leid said that some of those who she says were sabotaging the station are right here with us.

These inflammatory comments are not just words. Several months ago, Clayton physically moved in on WBAI reporter Robert Knight for coming to Amy's defense, shouting repeatedly "Stop kissing the ass of that white bitch." Minutes later, he assaulted Knight in Utrice Leid's office, while she looked on.

Riley has also threatened to pay a hitman $400 to break the legs of Democracy Now! engineer Anthony Sloan. He has screamed obscenities at former Democracy Now! producer Terry Allen. In each case, we informed WBAI and Pacifica management of these incidents. Management never responded.

Furthermore, Clayton was not disciplined, but rewarded: Utrice Leid has since doubled the air-time of his weekly program. The hate- filled, violent on and off-air harassment and intimidation only intensified after Leid's assault on Amy.

While Pacifica management has offered to post a statement asserting that WBAI is a nonviolent workplace, they refused to prohibit the on-air personal attacks, which gives a green light for the kind of assault and harassment we experienced last week. They also have refused to give Amy a key to the station or even to her own office. She is locked out until she hands over her home and cell phone numbers to the very person who assaulted her. We have an interim solution. As we have communicated, we have a safe and even technically superior studio from which to broadcast. Democracy Now! will continue to work at Downtown Community Television until our safety at WBAI can be guaranteed in a meaningful way.

This will:

- preclude further intimidation, harassment and assault
- de-escalate the situation
- provide us with a technically superior studio at no cost
- lessen Pacifica's liability

It also answers Leid's demand. On the air, she has said we will throw the unwanted tenants out. Off the air, she has stormed into our office, insisting that we find an alternative studio.

There is ample precedent for this arrangement. At least three men broadcast from offsite studios daily for Pacifica and WBAI: Gary Null (M-F, 12-1 pm), Armand DeMille (M-F, 1 to 2 pm), and Pacifica Network News correspondent Bob Hennelly (daily for PNN and weekly for WBAI).

For these men, broadcasting from an alternative site is a convenience. For us, it has become a necessary safety precaution.

We feel it is our responsibility to continue to provide Democracy Now! to the Pacifica stations and affiliates, as we have for nearly six years. Because WBAI is presently an unsafe workplace, last week we broadcast from DCTV.

The programs were technically perfect, of higher broadcast quality than even WBAI provides. But most importantly, we are safe.

Until we feel our safety is guaranteed at WBAI, the incidents we described are adequately investigated and dealt with, and the on-air personal attacks stop, we see no other option but to continue to produce and broadcast Democracy Now! in this manner.

Our safety is non-negotiable. We hope you agree.

Signed,

Amy Goodman, host of Democracy Now!
Kris Abrams, producer of Democracy Now!
Brad Simpson, producer of Democracy Now!
Anthony Sloan, engineer of Democracy Now!


An open letter to Amy Goodman from KPFK's FIRED, BANNED, or DRIVEN OUT:

Dear Amy,

We have seen the recent letter sent to you by the programmers of KPFK, i.e., those who have benefited from the removal, firing and banning of, by Mark Schubb's own estimate, over 150 programmers and staff from KPFK since 1995.

There are a few things you should be aware of when considering their appeal to you.

First, KPFK is what you describe WBAI as, the studios of the fired and the banned. However, it is not the studios of its listeners. Over the past several years KPFK has seen it's fundraising revenues nearly double. But total subscribership still remains in the range of 14,000 subscribers, well below its peak of approximately 16,000 in the eighties, when KPFK made a genuine effort to be a voice of diverse communities. But money is what matters now. It is the main measure of success.

This increase in funding has coincided with:

* Elimination of the station folio
* The decimation of the community calendar (from twice daily to once weekly now)
* The destruction of the internship program
* The loss of a functioning local news department, with local news replaced by a third daily airing of the ever more tepid Pacifica Network News
* The removal of all programmers of color from drive-time public affairs programming, and the reduction of all local public affairs programming by people of color to fewer than four hours a week total, in a city in which a majority of people are people of color.

In addition, the station no longer has a program director, a news director, a development director, or an on-site engineer.

Where is all the money going?

Current programmers have been silent about purges that have taken place at KPFK since the mid-nineties- purges of Native-Americans, African-Americans, Latinos, Asian-Americans and white programmers who didn't appeal to their desired target market. They do not like your raising the specter of those purges to their target market. They comfort themselves with the illusion that they are somehow more professional in their conduct than those who were displaced to make room for them, and they want the money to keep flowing in, even though with every additional dollar that comes in the community seems to get less and less service, and the audience becomes more and more a commodity.

Now the public affairs programmers during "peak drive times" -- are all white with one exception: Earl Ofari Hutchinson, who stepped happily into the 7 PM Tuesday spot vacated when Ron Wilkins was banned for attempting to notify the listeners of the purging of African-American and Latino programmers at Pacifica in 1996.

Nearly all the 'diversity' of KPFK's broadcasters comes through music programming. But more importantly, the range of political perspective represented by the public affairs programmers signing this letter is so narrow that only they themselves are likely to imagine it represents a broad swath of political thought. And of course, there are no signatures from news broadcasters at KPFK because there is essentially no functioning local news department at KPFK.

So yes, they are disturbed that your message to the listeners about what is being done with their money may be heard. They don't want the listeners to ask questions about what is being done to community radio. They want the listeners to buy the product. The money tells these programmers they are right, and you telling the truth threatens that money.

We - those programmers and staffers fired, banned, removed, or driven out of KPFK - thank you for your courage, and urge you to stand by your principles and speak the truth without fear.

In solidarity,

Blase Bonpane, Ph.D.,
Former Senior KPFK Programmer
Focus on the Americas
1969-1995
Fired for no reason 1995.
(Message of termination received on his answering machine).
Resurrected by News Director, Frank Stoltz to be News Commentator. 1996-1998. Went on strike after constant annoyance by management -1998.

Ken 'Dedon" Carr
1983-1994 programmer and executive producer, "Freedom Now".
Held positions as chair and vice-chair to the Local Advisory Board and served on the National Board. Purged so Pacifica could make way for the more affluent westside European-American listener at the expense of the Africian Self Determination Community

Wanda Coleman and Austin Straus Poetry Connexxion 1982 on the air 15-16 years

Bill Davila Approx 15 years from 1981 - 1996 at KPFK, "Journey Through the Realms of Music" Fired by the General Manager for being a white-male producer - who was brought back on-air by the support of listeners and staff who circulated a petition and wrote letters.

Bill Gallegos
Volunteer programmer approx. 8 years, "Read All About It" At the time the only early morning Chicano programmer. His program was put on "hold" without discussion or notice.

Lyn Gerry
Former production engineer, union steward and independent producer from 1988 - Sept 1995 (fired and
banned)

Lee Siu Hin
Former KPFK Los Angeles, WBAI New York Reporter/Programmer 1992-1999
Walked away from KPFK in solidarity with John Martinez in October, 1999

Vince Ivory
Tuesday Community Calendar
14 year volunteer purged for exercising free speech outside KPFK December, 1999

Miya Iwataki
"East Wind"
13 year volunteer
KPFK Producer/Programmer/Staff Purged for, among other reasons, not confining program to Asians- only (Management insisted on sitting in studio for my last program so I wouldn't blast KPFK)

Roz & Howard Larman
Folkscene
After almost 31 years at KPFK, we were cancelled for only the greed of Mark Schubb. If there was a format change, we could live with the cancellation.

Arturo Lemus
Volunteer programer for the Colectivo Latinoamericano from 1981 to 1985 and a coordinator for a program called "Flor Y Canto". The Colectivo Latinoamericano spanish programming was dismantled by the then KPFK station manager, Susan Anderson, in 1985

John Martinez
'Radio Chicana'
7 Year Volunteer KPFK Producer/Programmer/Staff Purged for Airing a Half-Hour Documentary on the Pacifica Crisis October 1999

Loraine Mirza
Islamic Perspectives and newsroom reporter for KPFK for 5 years January 1995

Oly Mogollan
Long Time Volunteer
1986 - 1994 "Producciones Pajaro Latino"
1994 -1999 "Enfoque Latino"
Cut in the middle of on air interview and censored for political content

Shel Plotkin
Southern California Federation of Science
15 years at KPFK, "The Wizard Show"
Was given a time-slot they could not accept - 8am Sunday morning. This was a science show and they gave him the gospel hour.

Raymundo Reynoso
Alternative Media Agency Trade Editions (AMATE) and a former producer at KPFK

Robin Urevich
KPFK News volunteer between 1992 and 1999 and, a contributor to Pacifica Network News from 1993 until 1999. Barred from the station after publishing an article critical of KPFK and Pacifica. The offending article was published in the "Random Lengths."

Fernando Velasquez
20 years KPFK
Programmer/Producer
Spanish-English News/Public Affairs
Purged in 1999 after participating in a protest in front of KPFK in solidarity with the "KPFA Free Pacifica Community".

Ron Wilkins
Continent to Continent: An African-Issues Magazine 1983- February 26, 1996
Banned for Speaking on Air about African-Americans and Latinos being purged from the Station

In memory of Michael Taylor From his friends
News Room Intern
FIred 1995


Individual Letter from Al Huebnerm former host of "The Health Department"

An Open Letter to Amy Goodman.

Dear Amy,

You are to be congratulated for the excellent job you do on Democracy Now!, a program that is
must-listening for me. I'm aware that you are working under difficult conditions, to say the least. I hope my words will assure you that your efforts are deeply appreciated.

I saw a copy of the letter that some current KPFK broadcasters sent you before the recent fundraising. It was nauseatingly sanctimonious, self-serving, and worst of all, lacking in concern for a comrade under attack.

Let me describe my background at KPFK. In 1995, after more than 21 years of doing a program on the
politics of science and health, my program was terminated. I had closed my one-hour broadcast with a
four-minute commentary on the sudden disappearance of the Station Manager and the Program Director. The LA Times reported in a brief, easily missed piece that they had been fired, the acting Station Manager wrote in the program guide's "report to the listener" that they had resigned. Workers at the most anti-labor corporation are treated no worse. In my commentary I went on to deplore the fact that it was chiefly, but not exclusively, the listener- sponsors who were deceived by the new management. Remarkably, management didn't seem to see any contradiction between this deplorable behavior and the concepts of free speech and progressive politics that the station purports to serve.

As for the other Pacifica stations, I would have no idea of what's going on at KPFA and WBAI except for reports and commentary in The Nation, Extra!, Toward Freedom, Censored Alert (Project Censored), and The Humanist, two of which I write for. Even your remarks about the banned and the fired, and comments by Michael Moore and a few other guests, would remain obscure to me had I not read material from non-Pacifica sources -- that apparently means sources that can't be censored by Pacifica.

I admire your courage and I hope you win both your near-term and long-term struggles.

Best,

Al Huebner


Official Text of Congressman Major Owens Speech in Congress Regarding
WBAI and Pacifica, March 8, 2001.

 

RADIO FREE SPEECH IS BEING DENIED IN NEW YORK CITY

 

Mr. Speaker, tyrants in control of totalitarian countries like China, Serbia and Iraq consider control of the airwaves an absolute necessity. They ruthlessly enforce censorship of a kind few of us in America can imagine. On last Monday, however, I had the weird and frightening experience of being gagged by a radio station manager in my own home city of New York. It started with a routine request that I call in for a phone interview on a show hosted on Radio Station WBAI by Ken Nash which focuses on union and labor news and features. The name of the show which commences at 2 P.M. was "Building Bridges." As the Ranking Democrat on the Workforce Protections Subcommittee I welcome the chance to appear on shows related to working families or unions.

It is important to note that Radio Station, WBAI is a non-profit station which runs primarily on contributions solicited from its mass of diverse listeners. Since last December this station has experienced considerable turmoil internally and long-term producers and hosts have been fired or locked out of the station. Like many New Yorkers I am concerned about the present and future of this vital outlet for free speech on the radio. Without knowing all of the specific tensions and confrontations within the station I have indicated my interest in working toward the resolution of the problems hampering the continuation of the unique and robust programming at WBAI.

It is important to note that I am presently seeking ways to get more avenues opened for radio free speech in my City. Five low-powered Haitian stations have been shut down. The survival of WBAI is vital for the entire movement seeking more access to the airways. The bully monopolies of commercial radio provide the continuing roadblocks. My knowledge of the reputation of certain recent appointments to the Board of Pacifica Network, which is the parent non-profit institution responsible for WBAI, leads me to conclude that there is a clear and immediate danger that attempts will be made to sell WBAI to a commercial owner. Such a sale would mean the loss of a vital voice for working families in NYC.

My beliefs and point-of-view are considered heresy by Station Manager Utrice Leid. Without explanation or apology she shut down the microphones and proclaimed that she had to intervene because it was her job to allow only the "truth" over the airwaves. The following is a summary of the statement I would have made had I not been censured and shut off:

The situation at WBAI has implications far beyond this one station. Freedom of speech over the airwaves via radio, broadcast television, and cable television is presently quite limited for the majority of Americans. We have a problem of great magnitude that is not being appropriately addressed. The WBAI arrangement and structure offered one model to be emulated. As a listener supported station with a very diverse set of programs, procedures and guests, WBAI represents the optimum use of radio in the service of ordinary people.

When I attended the memorial service for the late Samori Marksman, former WBAI Station Manager, last year in that great hall at St. John's Cathedral, I saw a more diverse assembly than I have seen anywhere in New York City. Folks from all races, religions, income levels and political persuasions were there. There were intellectual snobs who support programs broadcasting esoteric operas mingling with radical, grassroots political activists. Indeed, as a politician, one immediate reaction I experienced as I contemplated all of that diversity with solidarity was a concern that some people in powerful places would perceive WBAI as a threat. The term "power structure" applies to forces that are very real. And I felt that this "power structure" would seek to destroy what the WBAI Community has created.

WBAI represents radio freedom of speech that does not make a profit for anyone. There are those who see profits being made via WBAI and other Pacifica stations. There are others in powerful places who feel that only commercial stations should exist; or if there are public stations, they should be indirectly controlled by corporate grants and benign corporate advertisements.

Some of the persons who have recently been appointed to the Pacifica Board represent such powerful commercial interests. In my opinion, WBAI is an endangered station as long as such business predators are on the Pacifica Board. Persons far removed from the original ideals and philosophy of the founders of the Pacifica chain are not likely to promote the original intent of this very well conceived system.

A basic question which must be tested as soon as possible in the courts is: Who owns a non-profit entity and who has a right to sell non-profit radio stations? Does the original charter or licensing by FCC permit any group of trustees or directors to treat Pacifica and WBAI as if they are commercial entities?

While the Pacifica turmoil is raging, I strongly urge WBAI to seek to preserve its free speech function in New York City by exploring the necessary steps to become independent of Pacifica. As a non- profit entity WBAI should use the university structure as a model. It should elect a Broad of Trustees through a voting process utilizing its contributors and supporters as the voters. The Trustees should be responsible for basic business operations while the producers and staff should be given a role similar to the faculty at a university. Basic freedoms similar to academic freedom and tenure should be conferred upon longstanding producers and long- term paid and unpaid staff participants.

I offer this as one model to preserve WBAI as a bastion of radio free speech. We need to broaden the efforts to promote such free speech via radio. New technology that permits small low powered stations to broadcast at low costs has provided new possibilities for greater avenues to radio free speech; however, five Haitian stations have been shut down in my district and been declared to be "pirate stations". There is a great need to test the long accepted rules and regulations of the FCC. Too much of the status quo as reinforced by the 1996 Telecommunications Act borders on the unconstitutional denial of freedom of speech.

There is a larger free speech war to be engaged; however, first we must preserve the solidarity and diversity on the airwaves as represented by WBAI.

 


RESOLUTION OF THE KPFK LOCAL ADVISORY BOARD
UNANIMOUSLY APPROVED FEBRUARY 1, 2001:

Whereas the current structure of the Pacifica Foundation provides no means for Pacifica listener-sponsors to know about or to influence decision-making regarding the fate and uses of the stations and the foundation they support,

 

Whereas the Pacifica National Board (PNB) has undertaken to amend its by-laws in recent years to empower itself to entirely select its own membership and is presently facing three lawsuits challenging the legality of this undertaken change and the status of many current PNB members,

 

Whereas Pacifica administration (Executive Director, National Program Director, Station Managers, and other top staff) have for years systematically removed from the network without due process large numbers of volunteers and staff people, including many on the grounds that they notified the listenership of matters of importance regarding the status and policies of the Pacifica Foundation,

 

Whereas recent actions of the PNB and the Pacifica Administration - particularly the lockout at KPFA in 1999 and the recent abrupt removal of key station staff from WBAI without following long-standing station procedures for such removals, as well as the imposition of security guards, the changing of station locks, and the threat of installation of surveillance equipment at WBAI - have provoked widespread objection, outrage and unrest among the station's supporters, workers, and the progressive community at large,

 

Whereas the aforementioned outrage, objection and unrest appear to be increasing rather than abating, threatening the reputation and financial stability of the entire Pacifica network,

 

Whereas the Pacifica administration and PNB have been unwilling to engage in good-faith efforts to respond to the objections being raised by other Pacifica stakeholders,

 

Whereas the PNB is presently contemplating substantial revision of the Foundation By-laws at a time when the legitimacy of its board, the legality of the By-laws and procedures it is presently operating under, and the reconfiguration of the network that it has undertaken are being questioned in both the legal arena and the court of public opinion,

Whereas the contemplated By-law revisions contain a large number of substantive changes that run counter to Pacifica's tradition of shared governance and instead concentrate power, without accountability, in the hands of the dominant faction of the PNB, which stands to gain extraordinary powers over the use and disposition of Pacifica assets at the expense of other Pacifica constituencies by their passage,

 

Whereas the objectionable portions of the proposed By-laws apparently include features that:

1. Allow hired Pacifica executives to be members of the board;

2. Allow key decisions to be made by as few as three board members;

3. Permit the sale of Pacifica assets (i.e. stations like KPFA and WBAI, estimated to be worth at least $250 million to commercial broadcasters) by a vote of the executive committee only, as long as the sale does not include "all or substantially all of the assets or property of the Foundation";

4.Fail to reflect the board resolution affirming the commitment not to sell any of the Pacifica radio stations;

5.Allow directors to be hired by Pacifica to perform professional services;

6. Allow non-board members to be officers of the Pacifica Foundation board;

7. Reduce Pacifica board meeting notice time from seven days to virtually minutes;

8.Reduce the notice required for Pacifica board meetings, from mail or delivery to fax, e-mail or phone message;

9.Allow Pacifica board meetings to be conducted entirely by telephone, eliminating public observation;

10.Impose no independent requirement to give public notice of Pacifica board or committee meetings;

11.Allow the Pacifica board to delegate full unreviewed corporate and contractual authority to board committees;

12. Allow the national Pacifica board to appoint 1/3 of local advisory boards members;

13.Deny membership on any Local Advisory Board to any Pacifica "volunteer";

14.Deny Local Advisory Board membership to all Pacifica or station staff;

15. Ban elected local advisory board members (as at KPFA) from serving on the national board;

16. Reduce the minimum vote for removal of a board member from two-thirds to 51 percent;

17. Eliminate a board member's right to due process in the event his or her removal from the board is sought;

Whereas inadequate time is available prior to the upcoming PNB meeting in March to fully evaluate the impact of the proposed By- laws changes and for affected Pacifica constituencies to register their views and for these views to be thoughtfully incorporated,

Whereas Pacifica, as the largest and most important non-state, non-corporate controlled independent broadcast media in the U.S. if not the world, - with an historic mission to promote peace and justice and built by generations of visionaries and activists - must remain above reproach,

Be it therefore resolved that the KPFK Local Advisory Board (LAB) urges the following:

A. That no action on the proposed By-laws be taken at the upcoming Pacifica National Board meeting, to be held in Houston this March, 2001.

B. That the PNB instruct Pacifica executive staff to enter into good-faith negotiations with members of the WBAI community, including fired and banned programmers, to attempt to de-escalate the conflict at WBAI, and further, commit to following long-standing station procedures for the hiring and firing of station staff.

C. That the PNB and Pacifica executive staff cease their efforts to exclude listeners, subscribers, unpaid and paid staff, and Local Advisory Boards from knowledge of and influence over decisions about the direction and uses of the network, and instead work to institute processes that include all Pacifica stakeholders in a meaningful role in determining Pacifica's future.

UNANIMOUSLY ADOPTED AND APPROVED THIS FIRST DAY OF FEBRUARY 2001.


Ms. Magazine Writes to Pacifica

Friday, December 01, 2000 8:06 PM
Subject: MS. MAGAZINE WRITES TO PACIFICA

December 1, 2000

To Bessie Wash, Pacifica executive director,
David Acosta, chair,
And all members of the Pacifica National Board:

We are writing to voice our protest at the sudden and unexplained
severance of Valerie Van Isler, General Manager of Pacifica
station WBAI in New York. As members of the media committed to the
freedom of speech, we protest the actions of
Pacifica's management and demand greater accountability to the
community. Because Van Isler was given an unattractive job
offer with the implicit assumption that she would not accept it; and
due to the recent history at Pacifica, such as the censorship at
Berkeley station KPFA and the firing of a producer at Houston station
KPFT, among other acts of malfeasance; we fear this
action represents a larger plan to de-politicize and silence WBAI.

WBAI is a vital unique voice: without it, New Yorkers will have
nowhere to turn for progressive programming. WBAI's
award-winning news department, its ground-breaking morning show
Wake-Up Call, and programs like Democracy Now!,
which comes out of the WBAI studios, are essential to keeping diverse
voices and opinions alive. In the mornings, New Yorkers
want to hear real news and there is absolutely nowhere else to get it.
In these times of multinational conglomerates and
corporate-owned media, it is more essential than ever that community
radio survive, especially in this, the media capital of the
world.

We at Ms. magazine have followed with distress the deepening crisis at
the country's first listener-supported community radio
network. Over the last year and a half, Pacifica's management has
increasingly interfered with programming decisions, engaged
in acts of censorship, and made retaliatory personnel moves,
disenfranchising listeners and local advisory boards, in order to
impose its often regressive decisions on the network. We fear that
the Pacifica National Board is turning toward profit and
away from democracy.
We demand that Pacifica return to its founding ideals of free speech
and progressive community radio.


Marcos Frommer: The Scoop on KPFK

Sent: Monday, October 18, 1999 4:32 PM
Subject: the scoop on KPFK from Marcos Frommer
Date: Wed, 13 Oct 1999 23:37:33 -0800
From: Marcos Frommer <marcosf@earthlink.net
Subject: kpfk.

Dear Friends,

Thanks for your email and kind wishes. Sorry it took so long to write back I had about 400 messages to return, but I did manage to read them all.

thank you.

Many of your emails wanted more information about the reasons I left, my thoughts on the Pacifica crisis, and what's going on at KPFK. Hopefully this will answer some of those concerns. *********WARNING!********** This letter is for those of you who wanted details. While many of you requested this post mortem, I realize that there are many others who do not share the same interest in the bizarre politics of KPFK and Pacifica, and I don't want to burden you with them. If the forensics of kpfk are not for you, PLEASE READ NO FURTHER and accept my apology for sending this to you . I totally respect your decision to DELETE. Frankly, for me, it's all in the past tense anyway. My comments will cover two separate but related issues: what's happening at Pacifica, and what is happening at KPFK. Keep in mind: I do not pretend to bring you the full story here; this is only synoptic. First, before going on, it's important to emphasize that I was not forced out. I made a conscious choice to leave based on a number of reasons, both personal and political. But primarily among them was the fact that ten years at an instituion such as KPFK is enough. I never expected to be in one place ten years, and I really like the idea of change. Secondarily, I had serious disagreements with how the general manager and program director manage - some would say mismanage - the station. I do not believe their management style reflects well on the mission we purport to serve. But again, this was only secondary in my decision process. It's important to understand one thing about Pacifica: it has always been in crisis since the day it was born. That's because many bright and very opinionated people have walked through its doors and tried to mold it into what they believe to be the proper execution of political will. There is little to no money involved, staff are generally overworked, and all you have is your opinion. That immediately causes problems. Furthermore, Pacifica's governance structure is reminiscent of the Soviet politburo: self perpetuating bodies feeding on self-perpetuating bodies. Democracy never was really a part of the plan. And finally, let's recall that Pacifica's founder, Lew Hill, committed suicide. Talk about crisis! There have been many battles at KPFK and Pacifica during the last ten years, and many, many more before that. They seem to come in cycles, somewhat like el nino or the plague. They usually involve: 1) protests against undemocratic decision making; 2) charges of racism; and 3) charges of selling out. Usually, at the core of these, you will find: 1) huge egos and poorly formed personalities; 2) lack of vision and political strategy; and 3) complete incompetence. Unfortunately, many people who claim to be progressive, liberal, left, etc., are as intolerant, corrupt, and unethical as those of any other political stripe. The current "crisis" at Pacifica is mostly due to "core issues" #2 and #3: lack of political strategy and complete incompetence. Lynn Chadwick, Pacifica's executive director, acted with unrestrained arrogance in her decisions regarding KPFA. Since she doesn't seem to have the sense to gracefully resign, she needs to be fired. Her incredible miscalculation about the reaction of KPFA listeners indicates that she does not have the judgement, intelligence, or insight to run Pacifica or any other politically charged organization. Mary Frances Berry, on the other hand, is not an enchilada shy of combo plate as is her executive director. She is a smart person, a professional civil rights activist, and well respected in certain circles. Unfortunately, her incredible hubris has led her into the morass. She also greatly miscalculted the situation. And now she finds herslef in a no-win situation: either leave and admit defeat, or stay and prolong the crisis. Her standing among her peers is at stake. And given her professional involvement in the civil rights struggle, she does not want this to be a blemish on her otherwise "spotless" record. Hopefully, she'll realize that the longer she stays the worse that blemish will get until that's all she is remembered for. That would be unfortunate for her, and for Pacifica. Clearly, she needs to depart with all due haste. Adding to the crisis is the crazy fringe of people who make up a small but vocal portion of the anti-Pacifica crowd. Ironically, they are a mirror image of Lynn Chadwick. Although the majority of protesters are reasonable people making some pretty basic demands, there is an element to the anti-Pacifica groups that is arrogant, intolerant, and worst of all, misinformed. They react to every bit of unsubstantiated website gossip as if it were the golden shining truth. They have spread huge amounts of disinformation, made grossly exaggerated claims, and offered illogical and blatanly offensive analyses of the situation. Comparing Pacifica leaders to Nazis, claiming to stand for democracy when their own groups are not, and believing any change at all is some conspiracy by the CIA and NPR have left them with almost zero credibility. People who truly want Pacifica to be a responsive, progressive network will not only have to work to get rid of the current management, but they will also have to work to illiminate or at least subdue the rabid vocal fringe. What Pacifica and its stations really need - more than hyper-active democracy - is 1) proper oversight; 2) accountability; 3) consistency in policies; and 4) the ability of management to accept and welcome constructive criticism. Although many on the rabid fringe have confused "professionalism" with "selling out," Pacifica is not exempt from the principles that govern all well-run organizations, non-profit and profit alike. These elements must be in place for a station to function, to retain bright people, to attract quality volunteers, and most importantly, to live up to its mission statement. Otherwise, you end up with a totalitarian style of management, total chaos, or both! And that is not a happy prospect for a radio network that is facing some of the most serious challenges of its fifty-year existence. FM radio will soon be phased out - is pacifica ready for the digital era? Internet and satellite radio are taking off - is pacifica up for the challenge? To keep up will take lots of money, demand detailed planning, and need sharp people to implement change. All of this is in addition to making sure that what comes out the radio is still solid, mission-driven programming. Which brings us to KPFK. There are many people working at KPFK who I respect and admire. Most of them never get the true recognition they deserve. We've been through some rough times over the last decade - the recession of '91 combined with bad management led to mass layoffs. We made it through some spirit-draining lackluster fundrives, and eventually fought our way back to economic health. Oddly though, the more recent years of economic prosperity have been some of the most combative. Much of it has to do with the management style of the current general manager, Mark Schubb, whose rather unique mix of nixonian paranoia, frequent retaliation, and campaigns of intimidation has left the staff divided and has caused the departure of some of the best staff members and volunteers. I've never met anyone quite as bright and socially inept at once, kind of a management idiot-savant, able to deal with complex technical and administrative issues, completely incapable of dealing with human beings. While many of the things Schubb has done have benefitted the station, he has also deeply alienated many good people who have come through the doors of K. It is not an exaggeration to say that Mark is deeply paranoid - he really believes that people are out to get him! He is unwilling and unable to accept any criticism, and if such criticism is brought up in a meeting, it usually ends with him screaming, shouting, and exiting the room. He is openly disdainful and scornful of listeners who would be so bold as to complain about any aspect of the station. And he has come down especially hard on those who have voiced concern about the direction of the station. Schubb has banned volunteers from the station who have written criticial pieces about kpfk in the press, and he has attempted to silence those who have raised concerns about unethical management practices. There is absolutely no room for disagreement at the station. It all adds up to The Mark Schubb School of Management. Just to give a few examples of what has transpired as a result of the Mark Schubb School of Management over the last few years (just a sampler): Schubb brings in a well-known union-busting management consulting firm to negotiate a contract with the union; when criticism pours in from alternative media outlets, he claims ignorance. Schubb's scream-n-exit negotiating style leads to a three year impasse in union negotiatons; a near strike by the union brings frustrated former Pacifica exec. director Pat Scott to the station who kicks Mark off the negotiating committee and signs a contract within two days. ·

Schubb fires a union member whom the program director can't get along with (there are many people program director Kathy Lo can't seem to get along with) and then tries to claim that she's not a union member (and thus not subject to progressive discipline); on legally shaky ground, he decides instead of firing her to make her life so miserable that she's forced to resign; he tells me in a "confidential" meeting "it doesn't matter how she performs: I'm going to fire her anyway." ·

As a result of this incident, the union sends a letter to Schubb complaining about his harassment of union members; his response is an intimidation campaign in which he claims that he's just "investigating harassment;" he is forced to quit his intimidation tactics in order to avoid a national labor relations board complaint by the union, and promises to write a letter acknowledging that federal law protects "concerted union activity";the letter is still not written. · Although Schubb has frequently accused the union of violating the union contract, he himself violates the contract with regularity. Mark has run "spin" campaigns in which he "confidentially" tells staff members about restricted personnel matters in order to win people over to his agenda - sharing confidential personnel information is a violation of the contract and federal law; he has also attempted to dilute union membership by placing non-union workers in union positions, a move he justifies by claiming they are "confidential" employees. · Although no apprenticeship training program has been run at the station in the last five years, Schubb continues to accept money from its State sponsor, the California Arts Council; no accounting has been made for the estimated $50,000 given by the council during that period.

These are just a few examples of how K has been run during Schubb's tenure. What's truly incredible and has at times been a great source of humor is his constant attempt to spin everyone on his agenda. Putting his former career as an actor to good use , he'll float ideas and positions in a way that makes them seem very appealing. He's quite good at it. Even on the second or third try after he has forgotten that he already tried to spin you on it! The scary part is that he is starting to believe his own stories. Maybe you're thinking, "well, if schubb is this bad, why doesn't everybody just get on the radio and say so." While a survey would find about eighty percent of those who work or volunteer at kpfk have qualms with one or more aspects of his management style, most people believe that kpfk is such a unique and vital resource that going to the air with dirty laundry would only serve to undermine their ability to cover other more important issues. (It's difficult to argue that pacifica's dirty laundry is on par with militias in e.timor, for example.) Fighting over the air does not make for good radio. Remember the last time kpfk went to the air with dirty laundry in the early 80's - it ran out of money, went off the air, and almost ceased to exist. There are those who support Schubb - he does enjoy a thin layer of insulation. Most importantly among schubb's supporters (and really the only one that matters) is Mark Cooper, who has offered Schubb complete loyalty in the battle against those who would oppose him. Mark and Mark are very good friends and Cooper feels strongly about supporting his friend. Cooper and I have had some pretty intense (that's probably not the correct adjective) discussions about Schubb. His feeling is that Mark Schubb may be an asshole in some respects, but he's doing what no other manager has done: bring order and financial health to kpfk. This is definitely true to some degree: compared with other managers, he has gotten a lot done and deserves credit. Then again, you'd be hard pressed to try to do worse than past managers - Pacifica was never very good at picking them. But ultimately, one has to decide if it's all right to claim the mantle of progressivism and leftishness while acting like the very people you claim to oppose. While I greatly disagree with Cooper's support for Schubb and believe that he has not exercised the same journalistic scrutiny found in so much of his other reporting, I also respect his position because he is willing to engage the issue and argue it, a rarity at the station. I don't believe we ever convinced each other of anything in our exchanges, but at least we spoke face to face about it and actually still talked to each other after it was all over. I can't say the same for Schubb, whose scream'n'exit style and penchant for constant spin mode allows him to maintain his perpeutual state of denial. Ultimately, this goes back to proper oversight and accountablility. Petty tyrants like Chadwick or Schubb would not exist in a well-run organization. But it's probably unlikely that Pacifica will ever be a well-run organization - there are just too many competing demands and agendas for it to really offer visionary leadership. That doesn't mean that you shouldn't demand that Pacifica live up to its mission statement. To the contrary, you have to keep the pressure on, though phone calls to the general manager may be more effective than picketing, if done well. What's really important, however, is the air: when you turn on the radio to kpfk, do you continue to receive in-depth discussions of the relevant topics of the day? If the answer is yes, then the station deserves your support. Looking back at ten years at the station, I have to say I learned alot, met alot of great people, engaged in battles that were worth fighting, shared alot of hilarious laughs, and enjoyed it thoroughly. What I've written here about kpfk's current management is just one small aspect of the experience at kpfk. Despite the lo-lifes - there will always be some - I have seen so much positive energy and committed political activity expressed in the work of staff and volunteers at KPFK that it makes up for everything else that attempts to dilute it. I wish KPFK the best of luck. ·

Marcos Frommer October 1999


 

"Y2K Compliant" KPFK Programming Agreement

KPFK is ready to Webcast, but before we can begin, copyright clearances must be resolved. Pacifica Foundation/KPFK has successfully negotiated Internet agreements with major music publishers ASCAP, BMI and SESAC, which allows KPFK to stream music on the web. This agreement was not only needed to Webcast music shows, but our news, talk programs and even on-air announcements use music affected by copyright issues.

After broadcasting for so many years, certain rights are established based on past practice; so as long as we were "just broadcasting," there wasn't much problem with our agreements with programmers and volunteers. However, the web is a new frontier and old agreements and past practices do not fully protect us. The purpose of this agreement is to allow us to enter into new technologies and protect KPFK , staff and volunteers from legal liabilities. Completing this "Y2K Compliant KPFK Programming Agreement" will clear the way for KPFK to begin Webcasting and to explore other technologies that may emerge to supplement or even ultimately replace traditional FM broadcasting.

The Pacifica Foundation/KPFK is a non-profit educational organization dedicated to a mission of bridging understanding between people and has a rich history of vigorously defending its 1st Amendment rights to broadcast controversial material. Content and editorial decisions at KPFK are made under the direction of the station Program Director, and the Pacifica Foundation reserves the full extent of its rights under the 1st Amendment to provide programming in keeping with its mission.

KPFK's volunteer programmers provide an invaluable community service by contributing to Pacifica's mission-driven programming. This agreement and other programming guidelines are designed to clarify roles and responsibilities and to maintain the highest standards of professionalism and accountability. KPFK has strict standards for non-commercial broadcasting and expects programs and programmers to be uncompromised by conflicts of interest or even the appearance of conflicts of interest or commercialism.

Programmers may not receive money or any type of consideration or goods in exchange for air-time or even consideration of air-time. Any such offer is considered a bribe -- called "payola" -- and must be reported immediately. All KPFK programmers must disclose conflicts, commercial ties, business enterprises and organizing or leadership roles they engage in that may affect the content of their programming or could appear to be a conflict of interest. After full discussion with the Program Director, any real or potential conflicts of interest must be fully disclosed on-air. KPFK listeners must be informed of potential conflicts so they can trust that KPFK program content is presented based on merit and not motivated by personal gain.

FCC and Pacifica standards for quality, content, language and decency must be maintained at all times. More information about these standards may be requested from the Program Director.

KPFK's website can be found at www.kpfk.org and serves as a chief gateway to bring listeners to web-delivered audio, information related to our mission and programming, and links to programmers, people, music and issues presented on our air. Although program often inform listeners about other websites related to program content, no website that a programmer operates, has an interest in, or profits from can be promoted on-air by the programmer without the explicit written permission of KPFK. When appropriate, KPFK will establish links to those websites so listeners may reach them through www.kpfk.org. Whenever possible, non-profit www.kpfk.org should be the gateway address programmers promote on-air.

In consideration for their work, programmers and volunteers at KPFK may receive training, use of facilities, access to air time and/or valuable work experience. Unless there is an explicit written agreement to the contrary, for the purposes of copyright all work performed for programs and programming at KPFK is as a "work for hire" whether such work or services are paid or unpaid. All rights to content and all copyright interests in any and all material produced under this Policy Agreement are assigned to Pacifica/KPFK. Pacifica's rights shall include the world-wide right to distribute the work on any current and/or future communications medium, including the Internet. Programming created for and/or executed in the KPFK studios or with KPFK equipment is solely owned by Pacifica/KPFK, unless otherwise agreed upon in writing.

Any questions or concerns about following these policies should be clarified immediately with the KPFK Program Director. It is the responsibility of programmers and station volunteers to be familiar with and abide by these policies and other programming guidelines provided by the station.

I have read all of the information above and agree to and will abide bythe policies set forth herein. I understand that if I breach this agreement, Imay lose the privilege of producing at KPFK.

____________________________________________ ________________ NAME .............................................................................DATE

____________________________________________
SIGNATURE


My Way or the Highway

MEMO

* ALL PACIFICA ADVISORY BOARDS ARE FROZEN AS OF MAY 15, 1995.

TO: ALL LOCAL ADVISORY BOARDS OF DIRECTORS
FROM: EXECUTIVE COMMITTEE OF THE PACIFICA NATIONAL BOARD
DATE: JULY 12, 1995

In light of the vast changes that are to occur at all stations, the Executive Committee of the Pacifica Foundation National Board believes it is necessary to issue an interim set of guidelines that supercede the local station By-laws so that you will have a clear understanding of our expectations of your role during this period.

We feel it necessary to remind you that the local Station Board is responsible to the National Board and, in fact, serves at the will and direction of the National Board. The local station Board of Directors' main responsibility is to carry-out the directives of the National Board and abide by its decisions.

At the October, 1994 National Board meeting, the Board mandated that the station managers re-configure programming to better serve core listeners in each signal area, to develop more relevant and professional programming and to, thereby, increase the audience. We were mindful that this would unfortunately inconvenience, if not distress, some staff, board and audience members. It will mean that there will be many alterations to current and long-standing practices at the stations. This may include the elimination of aspects of the traditional program format, the repositioning of others, and the development of new and innovative programs.

To date, we are satisfied that the General Managers have taken steps to implement requisite changes in programming and thus meet Pacifica's mandate and goals. They, along with the Program Directors, have the authority to make such alterations without the approval or disapproval of the local Board. However, the National Board expects the members of local Boards to assist and support the Manager and his/her when asked and as needed.

The Station Board must perform a specific function during this period in order to assist the Managers. Mindful of our responsibility to give you direction as stated in the Board Position Description:

The Station Advisory Board shall have duties, responsibilities and powers as from time to time may be set out by the by-laws, policy or other statements of the Board of Directors. No actions may be taken by the Station board that would pre-empt, in whole or in part, the authority or responsibilities of the Board of Directors.

The Local Advisory board is, hereby, directed not to take action that will impede the plans of the station staff. Members of any local Board who do not feel that they can assist Pacifica in its present mission are advised to resign. If there are indications that actions are being taken collectively or individually to countermand the policies, directives, and mandates of the Pacifica Board, the Board will take appropriate steps.

Since we are responsible for your performance and behavior as a Board and a Board member we are setting a set of guidelines which you are to follow. These guidelines supersede, but include some of the responsibilities stated in the document Pacifica Foundations Station Board Position Description.

General Guidelines for all stations:

1. To act as a primary support body for the General Manager and station.

2. To establish a committee by 1 August 1995 that will raise money through direct financial contributions and/or fundraising for the activities of the station.

3. To establish a committee by 1 August 1995 that will review, make recommendations, and monitor the implementation of approved budgets.

4. To establish a committee by 1 August 1995 that will develop a plan for general development activities at the station.

5. To establish a committee by 1 August 1995 to assess and make recommendations about the space, technology, and equipment needs of the station.

6. To establish a committee by 1 August 1995 that will evaluate the membership of local boards with the view to make recommendations about further recruitment of members. (MEMBERSHIP TO LOCAL ADVISORY BOARDS IS FROZEN UNTIL NEW GUIDELINES ARE APPROVED AT THE OCTOBER BOARD MEETING. PLEASE CONTINUE TO DEVELOP INFORMATION ON CANDIDATES.)

7. To send to the Executive Director minutes of each local meeting. (Boards should have received by this time a directive that specified the manner in which Board meetings are to be conducted from the National Chairperson, Jack O'Dell.)

By 15 August 1995, the Executive Director, Pat Scott, should receive from the local Board Chairperson a copy of the committee rosters. By 15 September,1995, the Executive Director should receive from the Board Chairperson a report of the plan and progress of each committee.


 From: Palmer, Micheal @ Houston Galleria,
mpalmer@cbrichardellis.com
To: 'Mary Francis Berry', ma@igc.org

Hello Dr. Berry,

I salute your fortitude in scheduling a news conference opportunity in the beloved Bay Area regarding one of the most pressing issues of our time............

But seriously, I was under the impression there was support in the proper quarters, and a definite majority, for shutting down that unit and re-programming immediately. Has that changed? Is there consensus among the national staff that anything other than that is acceptable/bearable? I recall Cheryl saying that the national staff wanted to know with certitude that they supported 100% by the Board in whatever direction was taken; what direction is being taken?

As an update for you and Lynn I spoke with the only radio broker I know last week and his research shows $750,000-$1.25m for KPFB. There would be a very "shallow pool" of buyers for a repeater signal such as this and it would be difficult to do a marketing effort quietly due to the shortage of buyers. So there is no profound latent value to that asset. The primary signal would lend itself to a quiet marketing scenario of discreet presentation to logical and qualified buyers. This is the best radio market in history and while public companies may see a dilutive effect from a sale (due to the approximate 12 month repositioning effort needed), they would still be aggressive for such a signal. Private media companies would be the most aggressive in terms of price, which he thinks could be in the $65-75m range depending on various aspects of a deal. It would be possible to acquire other signals in the area, possibly more than one, to re-establish operations, but it could take a few years to complete if we want to maximize proceeds from the initial license transfer, or leave only $10-20m in arbitrage gain when purchase(s) is complete. None of this reflects tax consequences. This broker, just like any other that would undertake such an effort, would need certain agreements in place prior to starting.

Mary I think any such transfer we would ever consider requires significant analysis, not so much regarding a decision to go forward, but how to best undertake the effort and to deploy the resulting capital with the least amount of tax, legal and social disruption. I believe the Finance Committee will undertake a close review of the Audigraphics data provided recently to determine what it is costing us per listener, per subscriber, per market, per hour of programming...in order give the Executive Director and the General Managers benchmarks for improvement. Even with that data my feeling is that a more beneficial disposition would be of the New York signal as there is a smaller subscriber base without the long and emotional history as the Bay Area, far more associated value, a similarly dysfunctional staff though far less effective and an overall better opportunity to redefine Pacifica> going forward. It is simply the more strategic asset.

With this in mind I would encourage frank description of the realities of the media enviornment we operate in and of Pacifica's available resources to participate and have impact in the evolving media world. The Executive Committee, at a minimum, should have access to experts (whether from Wall Street, NPR/CPB, Microsoft or otherwise) to get a strong reality check (me included) about radio and Pacifica's position in it so that informed decisions can be made. My feeling is that we are experiencing a slow financial death which is having the normal emotional outbursts commensurate with such a disease. We will continually experience similar events, in fact we have been experiencing similar events over the past several years, primarily because we are not self supporting through subscriber contributions and have a self imposed constraint on asset redeployment that leaves us cash starved at a time when our industry is being propelled in new directions, each requiring capital outlays of consequence. We're boxed in at our own will. This board needs to be educated, quickly, and to take action that will be far more controversial that the KPFA situation. How can we get there?

So, now I've exhaled more than I should, but you know where I'm at. Let's do something.

MDP


 

Pacifica/KPFA - Joint Legislative Audit Committee Report! complete text

POST HEARING BRIEFING: The Pacifica Foundation and the Crisis at KPFA Listener Sponsored Radio

Report of the Joint Legislative Audit Committee Public Hearing Conducted August 20, 1999 – Oakland, California Assemblymember Scott Wildman, Chair

Prepared by Maria Armoudian, Chief Consultant With Special Thanks to Sherry Novick and Hans Hemann

Introduction

Early in 1999, volunteers and members of the programming staff of the Berkeley-based non-profit community radio station, KPFA, were forcibly removed from the station where they had been producing radio programming for Bay Area listeners. Subsequently, armed guards hired by the Pacifica Foundation prevented the programmers and volunteers from reentering the station where they had been working. Instead of the regular community programming, executives from KPFA's parent organization, the non-profit Pacifica Foundation (Pacifica), arranged for programming to air from an ISDN (Integrated Services Digital Network) line, which had been installed immediately after the lockout. The lockout appears to have been a direct violation of Pacifica's agreement with its employee's union, Communications Workers of America Local 1941 (CWA). Additionally, the growing conflict that culminated in the lockout warranted a further legislative investigation of pertinent issues, both in regards to Pacifica's actions and to the role of the State of California in its regulation of non-profit charitable corporations. Along with KPFA, the Pacifica Foundation owns, operates, and holds the broadcast licenses for FM radio stations KPFK in Los Angeles, KPFT in Houston, WBAI in New York, and WPFW in Washington D.C. Each of these stations raises funds locally through direct appeals to listeners. Each station is required to give 17 percent of locally generated fundraising proceeds to Pacifica for central services. Funds raised by local stations account for most of Pacifica's $10-12 million annual budget. Pacifica also receives annual funding from the Corporation for Public Broadcasting (CPB) along with various other grants for special projects. In the case of KPFA, its local fundraising efforts have resulted in an operating budget that is based on approximately 85% locally-raised funds with CPB contributing roughly 13% of the local operating budget. While not as pronounced as the lockout and conflict at KPFA, the other four stations have also faced problems with executives of the Pacifica Foundation. In fact, members of four of the five Pacifica station Local Advisory Boards (LABs) have filed suit against Pacifica alleging illegal changes in its bylaws, misconduct of the Pacifica Board, and unfair business practices. In part because of the stations' long-standing commitment to noncommercial programming and civic awareness, several members of the California Legislature became concerned about the Pacifica conflict, the behavior of Pacifica executives, and the future of these important institutions. On July 15, 1999, 24 legislators submitted a joint request to the Joint Legislative Audit Committee (JLAC) to hold public hearings to discuss the sources and solutions of the conflict. Particularly, the legislators wanted to examine whether Pacifica may have violated its charter and tax-exempt status by taking the following actions: 1) Voting to disenfranchise its Local Advisory Boards 2) Using funds for purposes inconsistent with its charter. 3) Violating the operative collective bargaining agreement with the Communications Workers of America, Local 9415, which contains a clear no lock-out/no strike provision.

The JLAC convened a hearing on August 20, 1999, at the Elihu Harris State Building in Oakland, California. JLAC requested the appearance of Pacifica executives along with board members, local advisory board members, staff members and volunteers. Testimony was provided by the following individuals:

· Matthew Lasar, author, Pacifica Radio: The Rise of an Alternative Network · J. Imani, Member, KPFA Local Advisory Board · Susan Stone, KPFA employee · Bill Harvey, Communications Workers Association, AFL-CIO · Peter Bramson, Member, Pacifica National Board David Adelson, KPFK Local Advisory Board Acting-Chair Meigan Devlin, KPFA employee · Nicole Sawaya, Former KPFA Station Manager · Sherry Gendelman, Member, Local Advisory Board · Edward Klein, Senior Tax Counsel, Franchise Tax Board · Belinda John, Deputy Attorney, Office of the Attorney General

The JLAC had requested the appearance of three Pacifica representatives: Pacifica Chair Mary Frances Berry (Berry), Executive Director Lynn Chadwick (Chadwick) and Controller Sandra Rosas. Unfortunately, although Pacifica, through its attorney Dan Rappaport, had agreed with the JLAC to be represented at the hearing by at least Chadwick, none of the Pacifica representatives appeared. Both Berry and Chadwick failed to return calls to the JLAC. In lieu of appearance, Chadwick opted to submit written testimony, which was read publicly by JLAC Chair Scott Wildman (Wildman).

"To the honorable chairman and members of the committee, thank you for the opportunity to present this written testimony. Pacifica radio and community radio across the United States were founded on the principal of independence of non-commercial broadcasting, free from unnecessary intrusion by governmental and political bodies. This tradition has been shared by Pacifica and KPFA for fifty years. It has been a principal I have worked to preserve during my twenty-seven year involvement in community radio. Of course Pacifica is responsible to the Federal Communications Commission and other governmental bodies in the course of the work we do and we follow all local, state and federal laws and regulations. Because I value the principal of independence of undue political interference in public broadcasting, I will not appear as a witness during today's hearing. Also our attorneys advised us that the Joint Legislative Audit Committee was created to oversee governmental and public bodies. Since the Pacifica Foundation is a non-profit corporation, we believe this committee does not have the jurisdiction over our operations. However, in the spirit of cooperation and conciliation, I offer this written testimony to the committee to provide information about the recent events at KPFA. All the extraordinary actions and expenses that Pacifica has undertaken have been ... a reasonable response to the extraordinary actions taken against the station. It was unfortunate the committee chose to not consult with me or any of the Pacifica national staff in preparation of the KPFA Radio chronology of events, there are significant omissions that need to be corrected as well as several misrepresentations of the facts."

The JLAC's Role

Due in part to Chadwick's assertions about JLAC's authority, Wildman explained the JLAC's role to the more than 200 audience members. "The Joint Legislative Audit Committee (JLAC) is an investigative body of the State of California. It is governed by Government Code 10500 et seq. and the Joint Rules and has very broad authority to investigate matters of concern to the State. Wildman elaborated during his opening remarks. [The JLAC] is a committee that has the broadest authority of any committee in the State Legislature in California We at the Joint Legislative Audit Committee have two functions. One is to perform investigations. And those investigations deal with issues of efficiency and also issues of performance related to public entities in the State of California - actually living up to what the intent of the legislation that created them was. So, essentially, the issue here is going to be, for us to discuss and find out, in general terms, exactly what the relationship is between KPFA, Pacifica, and other stations in the Pacifica network [are] and also the relation to the legislature. We have the added authority to be able to direct the office of the California State Auditor, the Bureau of State Audits in California. That department is independent of the executive branch and conducts performance audits, performs financial audits, and has the authority to essentially stand in the shoes of any public agency or any state or local agency. So any regulatory agency that has any involvement with either Pacifica Foundation or KPFA, is an agency that we can direct to provide us with the information that we need to conduct our investigation. The authority is very clear in our minds [and] in the mind of the legislature - and the fact is that this situation, with respect to the issues of freedom of the press - constitutional issues that are involved,[issues] which are sacrosanct in this society – [consequently] we will do all we can to get to the bottom of this and to try to help resolve the situation."

The Attorney General and the Franchise Tax Board

Because the Pacifica Foundation is a non-profit, public benefit corporation registered with the office of the Attorney General and the California Franchise Tax Board, it enjoys certain benefits – primarily its tax-exempt status. Belinda John, Deputy Attorney General from the Charitable Trust Section, explained. In order to maintain its status, a non-profit must adhere to certain legal principals, primarily that "the assets of the charities are used for their intended purpose. The role of the Attorney General's office is to represent the public beneficiary of a charity who can not sue in their own right."

The Board of Directors is responsible for implementing the purposes stated in the Articles of Incorporation in a manner they believe to be in the best interest of the corporation. However, if the purposes are broadly written, a board would naturally have more discretion to act, as long as it's not clearly inconsistent with its stated purposes. Further, a charitable trust, such as Pacifica, must also apply for tax exemption with the California Franchise Tax Board (FTB) and the Federal Internal Revenue Service. The FTB examines the applicant's organizational structure, proposed operations and evaluates whether its purpose, as described, is consistent with State regulatory requirements. It further ensures that the applicant has agreed that its assets will remain in a charitable component forever [emphasis added].

Pacifica Foundation's Mission

In 1946, pacifist Lewis Hill (Hill) created the Pacifica Foundation in an effort to "promote community dialogue, generate a sense that people could resolve their ideas, or at least come to what was called lasting understanding of different people... [and] their ideas," according to historian and author Matthew Lasar (Lasar).

Hill had apparently believed that resolution of controversial issues on a local level could lead to increased dialogue and greater understanding, Lasar told JLAC. At that time, Pacifica's activities weren't restricted to radio. Lasar explained. "What the original Pacifica Foundation's Articles of Incorporation came out, it wasn't just for radio stations. Go to the schools, and newspapers, book stores at one point they had some discussions about opening up a chain of restaurants."

Pacifica's mission statement, as written in its Articles of Incorporation, in fact, states its goals as the following: § To establish a Foundation organized and operated exclusively for educational purposes, no part of the net earning of which inures to the benefit of any member of the Foundation. § To establish and operate for educational purposes, in such manner that the facilities involved shall be as nearly self-sustaining as possible, one or more radio broadcasting stations licensed by the Federal Communications Commission and subject in their operation to the regulatory actions of the Commission under the Communications Act of 1934, as amended. § In radio broadcasting operations, to encourage and provide outlets for the creative skills and energies of the community; to conduct classes and workshops in the writing and producing of drama; to establish awards and scholarships for creative writing; to offer performance facilities of amateur instrumentalists, choral groups, orchestral groups and music students; and to promote and aid other creative activities which will serve the cultural welfare of the community. § In radio broadcasting operations, to engage in any activity that shall contribute to a lasting understanding between the individuals of all nations, races, creeds and colors; to gather and disseminate information on the causes of conflict between any and all of such groups; and through any and all means compatible with the purposes of this Corporation, to promote the study of political and economic problems and of the causes of religious, philosophical and racial antagonisms. § In radio broadcasting operations, to promote the full distribution of public information; to obtain access to sources of news not commonly brought together in the same medium; and to employ such varied sources in the public presentation of accurate, objective, comprehensive news on all matters vitally affecting the community.

In 1948, while "tangled up in license and tax obligations," the founders wrote an internal document "to remind themselves" of their purposes – in large part mass media pacifist "war resistance" programming. KPFA began its operation in1949, as, according to Lasar, the first radio outlet worldwide to seek support solely from listeners and to "function independently of the academy, the state, the corporation or the church." Hill wanted to avoid the commercial structure of radio, as he believed that when programmers were charged with "delivering" an audience, it "prevented ethical communications," according to KPFK Local Advisory Board Acting Chair David Adelson (Adelson). Hill, instead, created the following paradigm. "a structure where programmers should be in front of microphones with [ethical] purposes the people who would have a stake in having that occur would be listeners and they would pay for it and that therefore they had to be active participants in the process in order to allow that space to exist."

The funding theory was put to test, and Pacifica grew to own and operate five radio stations, at least one of which was gifted to the Foundation -- New York station WBAI. WBAI was valued in 1996, as being worth approximately $90 million, Adelson told JLAC. In recent times, however, it appears that the Pacifica Foundation has modified its mission, which is represented on its website at http://www.pacifica.org as follows: "Pacifica Foundation created the world's first listener-sponsored radio as Lew [Hill] and a group of conscientious objectors sought a medium in which to speak out against the military force of World War II. The organization's mission is to: § Promote cultural diversity and pluralistic community expression; § Contribute to a lasting understanding between individuals of all nations, races, creeds and colors; § Promote freedom of the press and serve as a forum for various viewpoints; and, § Maintain an independent funding base.

Governance: The Changing Role of the Local Boards

"As the licensed holder, the Pacifica Foundation Board has three primary areas of responsibility. To make sure that all stations are meeting FCC regulations, to be 'fiduciarily' responsible and to ensure the stations are fulfilling their public service mission as stated in the Articles of Incorporation. Anything more than that is gravy, or dangerous, depending on the intent of the leadership."

Another of Pacifica's innovations was the local station board, which is now called the Local Advisory Board (LAB), according to Lasar. In fact, the National Board was not created until the 1960's after both New York's WBAI and Los Angeles' KPFK were created, he told the JLAC. Originated as a support structure for the local networks, the National Board was intended to: "provide assistance in the areas administration, technological development, fundraising and also produce compelling national programming that could be used by local stations as well as affiliates that are independent stations throughout the country who subscribe to Pacifica for programming," according to KPFA local advisory board (LAB) chair Sherry Gendelman (Gendelman). "The birth of the national office was predicated upon the idea that it would strengthen and aid the development of local networks. There was no stated intention to diminish or remove community input from the local station," she said.

Historically, each of the station boards, now termed LABs, elected two of its members to the governing board of Pacifica, allowing the community needs and opinions to guide the governance of the foundation, according to Gendelman. The local boards and stations, in fact, had a great deal of responsibility, Gendelman told JLAC. "[The] Local stations hired and fired their staff [and] local advisory boards [had] input into certain hiring. Members of the local advisory board staffing committee reviewed who they were considering for the selection of station general managers. While the local advisory boards were not elected by the membership or subscribers, the listening audience, actual and potential, was considered"

The ultimate intent in creating such a locally-dominated governing board, Gendelman said, was "to retain community input and control over the Pacifica network," which she maintains, until recently, remained "solid." For many years, Pacifica struggled with the "effective balance" between the national and local boards but never, until recent times, suggested any alteration to the original structure, Lasar told the JLAC. However, in October 1994, Pacifica's direction appears to have shifted from that of a community dialogue to a more centralized agenda with centralized control, according to KPFK LAB Adelson. Adelson discussed Pacifica's five-year plan that first emerged during that time and what he perceived to be the plan's intent.

"The five year plan if it's read carefully, I think describes a process of what I think of as a seduction of the governing board by visions of leveraging Pacifica's assets to create an extensive alternative media network that is put at the disposal of the people who are making the decisions about what it shall be used for. The recognition that the board and the administration, I believe, recognize that the reconfiguration required to bring about growth of the type that they had in mind is expressed, for example, in the envious descriptions of the growth Christian Broadcasting They recognize that [it] would require substantially greater funding and sources and money. And the existing audiences and subscribers who were attracted to the network on the [current] dynamic would very likely be alienated."

Shortly thereafter, Pacifica former executive director Patricia Scott (Scott) asserted authority over the local station boards (now LABs). Adelson read from Scott's internal memorandum. "We feel it necessary to remind you, the local station board is responsible for the national board and, in fact, serves at the will and direction of their national board. The local station board of directors' main responsibility is to carry out the directives of the national board and abide by its decision."

However, Adelson maintains that Scott's assertions in that memo were altogether false. He explains. "The FCC Communication Act states that the local station board, the advisory board's role, is to review the significant policy decisions, the programming goals and the service provided by the station. And subsequent CPB audits of Pacifica indicated that there had been interference in serving that mission. I should also note that at this time and up until recently, two-thirds of the governing board were elected by advisory board. So this is like threatening the shareholders. If you don't do what we like, we can get rid of you. And indeed, that happened at various stations."

The end result, Adelson told the JLAC, was that Pacifica took authority over local programming issues, dissolved the station boards and created a less authoritative body, the LAB. A memorandum was circulated to voting board members in order to explain the changes. Adelson read from the memorandum.

"At an October 1994 national board meeting, the board mandated that station managers reconfigure programming to better serve more listeners in each single area, to develop more relevant and professional programming and, thereby, increase the audience. We were mindful that this would, unfortunately, inconvenience, if not distress, some staff or audience members. . . . The local advisory board is hereby directed not to take action that would deplete the ranks of the station staff. Members of any local board who do not feel that they can assist Pacifica in its present mission are advised to resign. If there are indications that actions are being taken collectively or individually to countermand the policies, directives and mandates of the Pacifica board, the board will take appropriate steps.

In January 1995, Pacifica "took over the Los Angeles station KPFK, seized control of its votes, suspended contract negotiations and initiated other management controls," Gendelman told JLAC. The new effort was intended to "eliminate as much of the community input as possible," she said. By January 1997, at a "retreat," Pacifica "announced plans to reduce the amount of representatives elected by the local advisory boards . . . [which would] give the national governing board the ability to appoint a two-thirds majority," according to Gendelman. No longer could LABs elect two-thirds of the governing board, as they had been doing. Instead, Pacifica proposed that the LABS would only "nominate" two people from each board from which the governing board would choose one, followed by an appointment of its own choosing and from its own pool of candidates. " thereby giving itself complete control of two-thirds of its own membership because it also controlled over five at-large members and left [elective] control over the