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An Open Letter to Bob Farrell From Pacifica Reporters Against Censorship -October 19, 2001
Date: Fri, 19 Oct 2001
19:04:13 -0700 ============================================================== October 19, 2001 An Open Letter to Pacifica
National Board Chair Bob Farrell 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,
cc: Pacifica National
Board; Executive Director Bessie Wash; 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. |
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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 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:
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
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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 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., Ken 'Dedon" Carr 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 Lyn Gerry Lee Siu Hin Vince Ivory Miya Iwataki Roz & Howard Larman Arturo Lemus John Martinez Loraine Mirza Oly Mogollan Shel Plotkin Raymundo Reynoso Robin Urevich Fernando Velasquez Ron Wilkins In memory of Michael
Taylor From his friends 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 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 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,
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Official Text of
Congressman Major Owens Speech in Congress Regarding
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. |
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RESOLUTION OF THE
KPFK LOCAL ADVISORY BOARD 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. |
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Ms. Magazine Writes to Pacifica Friday, December 01,
2000 8:06 PM December 1, 2000 To Bessie Wash, Pacifica
executive director, We are writing to voice
our protest at the sudden and unexplained WBAI is a vital unique
voice: without it, New Yorkers will have We at Ms. magazine
have followed with distress the deepening crisis at |
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Marcos Frommer: The Scoop on KPFK Sent: Monday, October
18, 1999 4:32 PM 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 |
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"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 ____________________________________________ |
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MEMO * ALL PACIFICA ADVISORY BOARDS ARE FROZEN AS OF MAY 15, 1995. TO: ALL LOCAL ADVISORY BOARDS OF DIRECTORS
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:
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:
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. |
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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 remaining one-third. This is the transfer of ownership. Subsequent statements by the board indicate they believed they voted on changes in governance at that retreat." The Change in Bylaws Article 9 of Pacifica's bylaws addresses the procedure in which the bylaws can be amended. It reads, "These bylaws may be amended, altered or repealed in whole or in part at any meeting of the Board of Directors, provided that the proposed changes have been submitted to each member of the Board of Directors with the notice of the meeting and provided further that the right of waiver of notice of meeting shall not apply." However, it became clear at the 1997 "retreat, where votes cannot be taken," that Pacifica hoped to change the structure, according to Adelson, who added that on two occasions, because of "public outrage... the plan was deferred." Later, the "retreat" action was treated as if it were an official vote, he explained. "Subsequently, however, Roberta Brooks, who was Secretary of the Board [National Board] at that time, sent a memorandum to [one] local advisory board trying to explain to them issues of these governance changes She says 'The first item of business in the committee meeting was to receive consensus that the proposed guidelines of governance had indeed been passed in Houston and our job was one of implementation.' She's saying that a vote occurred at a retreat, where votes cannot occur. And it had been agreed to and they were just creating language that hadn't existed about what it was they had done. She also says that, 'Pacifica's attorney suggested that we separate nomination and election processes into two separate elements under Article 3, since that had not been previously noted as we were required to table it.' But that feature is talking about the removal of the rights of the advisory boards to [elect] governing board members, and instead reclassifying what advisory boards did as nominating." The Catalyst: The Corporation for Public Broadcasting On September 14, 1998, in a letter to Scott, Corporation for Public Broadcasting (CPB) President, Robert Coonrod (Coonrod), opined that concurrent service of LAB members on the Pacifica National Board might violate either the letter or spirit of the Federal Communications Act of 1934, as amended. Subsequently, on February 24, 1999, new Pacifica Executive Director Chadwick received a letter from CPB Vice-President, Richard Madden (Madden) emphasizing this opinion, Adelson told the JLAC. He read from the letter. "You have asked about how flexible CPB might be. That was the purpose of our Sept. 14 letter. CPB made a first payment on Pacifica's FY 1999 grants on the assumption that Pacifica would resolve this issue promptly. It is now five months later and I am not aware that Pacifica has adopted a plan to achieve compliance. What CPB wrote then, I repeat now: 'compliance with this portion of the law gives little wiggle room to CPB in its interpretation. If we are to comply with the law and apply it equitably – that is, as we have other grantees – then CPB has no choice but to withhold Pacifica's second FY 1999 payments for each of its five stations, due for release in mid-March, unless the Pacifica board chooses to bring itself into compliance with the requirements of the law." However, the notion that Coonrod's opinion suggesting that LABs could not have a role in governance is open to question, and in fact, Coonrod clearly omitted one section of the law, Adelson informed the JLAC. "There is a single clause in between those two quotes, which he omits. It says that the 'community advisory board shall be solely advisory in nature, except [to the extent] that other responsibilities are delegated to it by the governing board of the station,' [emphasis added], which means the advisory board could perfectly well have roles involving governance as long as they did not grant the advisory the right to have any authority to exercise control of the daily management of operations." In 1998, CPB continued to interpret the law in its document, Communication Act and Certification requirements for CPB Station Grant Recipients, as follows: "The law segregates the management and operation functions of the governing board from the advisory board's functions to assure a clear demarcation between the governing board and the advisory board." Meanwhile, it appears that CPB's threat to withhold funding and the proposed bylaw changes were sent after Pacifica sent its board members notice of opinion. According to Adelson, Pacifica Board members at this point could only vote the bylaws proposal up or down. Adelson questioned the timing of the letter. "There wasn't, to my knowledge, further action, at least there's no memo to further action, until immediately before the governing board meeting at which the board was going to vote on a proposal of altered governance structure to be in compliance with CPB." At the time of the vote, Chadwick allegedly told the Board that the stations faced the loss of all CPB funding if it failed to comply with the Communications Act, according to witnesses. She subsequently asked station managers to report to the Board the possible effect of such a financial loss. Those reports led members of the Board to vote for the bylaw change, they admitted. " the elimination of staff was what was used to force wavering governing board members to vote for it, who weren't going to vote for it. I know of at least some that were going to vote to continue the matter, to consider alternative proposals at subsequent meetings. But threatening to lose CPB funding, to hear what managers were telling you, if we lose this funding we're going to lay off three quarters of our staff, which would be a blood bath. Without considering any other alternatives, on February 28, 1999, the Pacifica National Board voted to alter Pacifica's structure and bylaws. In combination with the bylaw change, that Pacifica asserts occurred at their September 28, 1997, National Board meeting, it appears that the vote gave the National Board exclusive control of its own membership, as it essentially removed the voting rights of LAB members of the Board of Directors and prohibited concurrent membership on both the LAB and the National Board. Members of the National Board expressed their regrets to the JLAC. "I voted in support of that bylaw change, which was a mistake. I was faced with a very difficult decision, as a member of the board, to maintain compliance as it has been told to me" Local station supporters were especially troubled by this Board action and viewed it as an intentional act to reduce or even eliminate the participation of local stations. (Note: Until the February 1999 vote, Pacifica had always received a CPB "waiver" ruling, apparently, in part, because its structure predated CPB, according to Bramson.) Further, it appears from at least one document read before the JLAC that Pacifica may have withheld and even misrepresented the proposed changes to its members, staff, volunteers and subscribers. Adelson read and explained the item. "[the] first ever Communications Director of Pacifica, Burt Glass writes ' please do not make and distribute copies to others' people are being trained to respond to public inquiries about why this governing change was necessary, including a before and after 'we tell you what it is' plan of what to say. Before we tell you what it is, say you don't know yet." The "Gag Rule" " to promote the full distribution of public information and to employ such varied sources in the public presentation of accurate, objective, comprehensive news on all matters vitally affecting the community." [emphasis added] It appears that the groundwork was first laid for the "gag rule" in or about June 1995 when Pacifica closed "future finance committee meetings of the governing board from the public, stating that the minutes were confidential," which Gendelman maintains was "[an] action eventually held to be in violation of the Federal Communication law." Additionally, Pacifica appears to have closed its books to anyone other than confidential employees, specifying that union members would no longer have access to the books, according to Adelson. Shortly thereafter, Pacifica Executive Director sent a memorandum to the LABs threatening removal from the Board for LAB members who did not accept the reconfiguration, Adelson told the JLAC. Soon the "gag rule rose to new heights," Adelson said, when KPFK management posted a statement not only prohibiting any on-air discussion about Pacifica's internal policies but also disallowing "a listener calling in to speak or to announce events at which such policy would be discussed. So absolutely no knowledge to the listeners could get out. And 'this is one of the few rules we have that will absolutely lead to permanently being removed from the station.' And if the people were permanently removed from the station, they wouldn't notify the listeners. At approximately the same time, all five station folios, which were monthly communications to subscribers, were eliminated, thereby truncating communication between the people who were paying for it and the people who were doing something with the money that they recognized would be in variance with the interests of the people paying for it." In 1996 at KPFK, one programmer appears to have been removed while on air as a result of discussing these internal affairs. Adelson described the occurrence. " a black programmer got on and started talking with other black programmers that he had in the studio with him about the treatment of black programmers at Pacifica. . . And fifteen minutes into the program, he said 'Oh, there's our General Manager; I see he's come down. Perhaps he's going to join us, no I guess not.' Dead air. No explanation was ever given to listeners." The "gag rule" enforcement continued and intensified after the March 31, 1999, dismissal of popular KPFA General Manager, Nicole Sawaya (Sawaya) and the appointment of Chadwick as interim General Manager. After discussing the termination of Sawaya during their programs, two programmers, Larry Bensky and Robbie Osman, were removed from the air for discussing internal matters. Such tactics appear to have ultimately led to the eruption of the current conflict at KPFA, according to KPFA employee Meigan Devlin (Devlin). "The following months were filled with retaliatory actions for speaking out on the air. Security guards were imposed upon our lives seemingly for no reasons and apparently with no instructions. The day after, ten community members walked passed the guards to peacefully confront Lynn Chadwick. I was forced by her to cancel 250 access codes, leaving staff and programmers with limited access and leaving the facility in the hands of guards. The day after, the crowd that had the demonstration in front of KPFA was invited into our lobby and was asked to leave, which they did peacefully. The security guards were upgraded to five with whom everyone was to check in and out. The message we were receiving as staff members was one of intimidation and devaluation. We were told Pacifica needed to demonstrate to its governing board that it was protecting its assets. Throughout this crisis, requests for communication from Pacifica had been met with silence, avoidance, inadequate answers and even lies. The type of communication that was straight forward, much of what it was from the past, had been avoided I have witnessed my coworkers fleeing from KPFA to seek employment elsewhere. I have witnessed my coworkers being fired without an explanation why I have observed my coworkers wondering if the paycheck I am handing them, will be their last. And I have witnessed my coworkers being arrested at the hand of their employer." Exacerbating the Conflict, Rumors of Station Sale "There will be no other choice at some point, except to sell a frequency in order to 'censor news, bring in armed guards, then use a bunch of lawyers to consult as to the damage control around our actions, while thumbing our nose at staff, the entire Bay area community, plus concerned citizens from around the country. Sorry, now please leave us alone.'" On July 12, 1999, treasurer-elect of the Pacifica National Board, Micheal Palmer (Palmer), wrote to Berry about rumored support for a possible sale of KPFA or WBAI and the "shutting down [of] that unit and re-programming immediately." The rumor began by an e-mail message from Palmer that was inadvertently received by and made public by the San Francisco Media Alliance. On July 13, 1999, after KPFA public affairs programmer Dennis Bernstein (Bernstein) broadcast a press conference at which the Palmer Email was read, Bernstein was ordered to leave KPFA. Instead he made his way to the studio where the news was being broadcast. A conflict ensued as Pacifica management tried to have him removed. Portions of this conflict interrupted the evening news and were broadcast. Hundreds of people converged on the station, and 53 protesters, along with several KPFA staff members, were arrested. All KPFA broadcasters were immediately placed on administrative leave and locked out of the station, a violation of Pacifica's collective bargaining agreement with the Communications Workers of America (CWA) Local 9415, which specifies a "no lockout, no strike" provision. Protests continued, including a 15,000 person march and rally on July 31, 1999, in support of KPFA staff and volunteers. Subsequently, Chadwick directed staff to return to work on Monday, August 2, 1999, but due to damage to the building, the fire marshal only permitted staff back in the building in time to return to the air on August 5, 1999. Increasing Isolation and Centralized Control Recognizing their responsibility to the communities they serve, their listeners, and their donors, it is a common practice among public radio stations to regularly disclose their financial status and hold open discussions of pending financial decisions. Testimony before the JLAC indicated that Pacifica has instead grown more secretive about its finances. Sawaya said that in the current structure, "the Board is now self-appointing, governing and overseeing all financial aspects, with no accountability to either stations or the financial stakeholders, the subscribers or donors" Board members were not sufficiently informed or involved in the financial decisions made by Berry and Chadwick, according to one board member Peter Bramson (Bramson). Assemblymember Dion Aroner (Aroner) asked Bramson about the availability of the budget to board members, to which Bramson replied, "we receive them preliminarily through June as a full statement. And then we go on to the October meeting." Aroner inquired further, "But you have no idea if you're living within your revenue projections or anything like that." Bramson replied, "Correct. . . In some instances I'm impeded in my level of knowledge or specificity to where and what and when it happens." Another member of the board, Rabbi Aaron Kriegel (Kriegel) indicated that he had made frequent formal requests for "a full accounting of the specific aspects of the Pacifica accounting practices." Such requests pertaining to Pacifica's accounting practices were apparently ignored. Witnesses charged that the lack of financial information was pervasive throughout the organization, resulting in "[waiting] months to find out if you were running a deficit or not," Sawaya told the JLAC. Extraordinary Expenditures During the conflict, Chadwick apparently committed Foundation funds to pay for expenses, which some believe are "antithetical to the Pacifica Mission" and therefore a "misappropriation of funds." Some of those moneys were spent for management and public relations consultants and armed guards inside the KPFA building, which also housed the Pacifica national office, thus increasing the traditional level of local support to Pacifica as opposed to local station operations. Susan Stone, KPFA employee, explained. "The Executive Director and national Board chair have misappropriated the listener funding for expenses antithetical to the Pacifica mission, such as placing 24-hour armed guards carrying concealed weapons inside a building whose activities are dedicated to promoting peace." Making matters worse, the normal bookkeeping and financial practices and procedures were apparently ignored for these expenses. Devlin explained, " . . . normally, when there are disbursements made from the lock box, I am informed by getting a copy of the check requisition and a copy of the invoice. And normally, in instances like that, it's for things that the Pacifica Foundation has a public group buy, meaning they would buy services for all the five stations and it's much easier to pay from one office than to pay from five offices. And I usually know about it, if not ahead of time, I know about it soon afterwards." Devlin ran a financial report and found new vendors, she told the JLAC. "I'm normally the only person to add vendors. Like I said, I usually know ahead of time if they're going to pay something else out of our accounts. A few vendors had been added and some money had been spent [that] did have to do with the crisis and services that they required during the crisis. And the total impact to our budget, to our operating budget, is close to $30,000. Until the Committee subpoenaed the financial records for Pacifica, it was unclear what extraordinary expenses were accrued." Because KPFA employees could not make contact with either Chadwick or Berry, they effectively were forced to pay for repairs and on-going operations with their own personal money, witnesses said. "We have spent our own money to pay for production materials and resources that are not forthcoming in check requests, as we are hamstrung by Pacifica changing rules on what constitutes legitimate station expense." Pacifica's Source of Funding " in such manner that the facilities involved shall be as nearly self-sustaining as possible." Witnesses argued that revising Pacifica's bylaws and structure in order to receive funding from CPB contradicted the intent to maintain an independent funding base. Further, one of Pacifica's key roles is to "ensure the stations are fulfilling their public service mission as stated in the Articles of Incorporation," according to Sawaya. However, Sawaya asserts that the main foundation "is a misnomer," predominantly because of the following: "The foundation does not support the stations. The stations, hence the listener sponsors, support the Foundation. The stations also support all the Foundation's national endeavors, including but not limited to, network programming, distribution of the programming, the Pacifica archives and all the national staff. The current Pacifica national endeavors produce very little revenue. In their present configuration and levels of achievement, the national endeavors of the staff are a growing financial burden on the stations." KPFA, one of five Pacifica stations, raises nearly 85 percent of its operating funds from direct listener contributions, according to witnesses. Those funding donations are clearly due to listener satisfaction in programming and a level of trust in the organization. In the funding arrangement, a "contract" is made between the station and the listener, Sawaya said. She explained, "If the radio programming resonates with the listener's beliefs, fills the need or provides a 'must have' service, they give. In the case of KPFA, the reason people give money is primarily for the local service since most of the station's 24-hour broadcast day is produced by local staff. When the staff fundraises on-air and off- air, they make a deal with listeners and supporters. We'll do relevant radio, making it locally and producing locally and we'll be honest, open and trustworthy in managing the station, if you'll give us money. And they do. With regards to KPFA, over 15 percent of the listeners give and they give very generously, as they did during the capital campaign which built 1929 Martin Luther King Jr. Way [the building that houses KPFA]." However, many witnesses expressed concern that Pacifica's actions before and during the conflict undermined the implied contract KPFA has with its listener-contributors. "Public broadcasting is built upon the trust it has with its viewers and listeners and anything done which erodes that trust is just not smart. Well, it appears the recent actions of the Pacifica Foundation and management have not just eroded the public trust, they have obliterated it." The actual treatment of the conflict, of staff and listeners, particularly, appeared to have contradicted Pacifica's intent and thus, further violated listener trust. Lasar explained, "Their message isn't just what you say, it's what you do how can we aspire to such a goal when Pacifica's governors so completely repudiate any obligation to the network's constituents?" Additionally, because a significant portion of Pacifica funds have come from KPFA, stakeholders were particularly disturbed that the executives had not engaged in dialogue with the stakeholders, J. Imani (Imani), a member of the KPFA LAB, made the following statement. "The money that was used to build that station came out of this community. A huge portion of Pacifica's funding comes right here from the Bay Area every year and [Chair Berry doesn't] even have the common decency and respect to come and meet with us during the largest crisis in the history of community radio. It is absurd." Meanwhile, Gendelman told the JLAC that over the last 10 years, Pacifica and its stations have grown "more dependent upon KPFA" for funding. "Ironically, as that dependence grew, the Corporation for Public Broadcasting has been used an excuse to grow Pacifica's strength and, conversely, limit the control of local stations," she said. Meanwhile, "the stated intention of growing Pacifica never delivered either heightened technological assistance, nor fundraising acumen, nor management skills. And its national programming staff programs was dramatically reduced when it fired Larry Bensky." Pacifica's Silence " . . . 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" Witnesses attested to making repeated efforts to initiate dialogue and communicate the potential effects of Pacifica's actions with Berry and Chadwick. Bill Harvey (Harvey) from the employees union, CWA, informed the JLAC of his discussions. "I told Chadwick that while Pacifica's relationship with their managers was not subject to the collective bargaining agreement, that some explanation for Pacifica's actions [terminating Sawaya] was necessary as our members were used to having input on both hiring and performance reviews and felt their opinions had been ignored. Chadwick told me she could not elaborate on Pacifica's personnel decision. I suggested to her that in the absence of an explanation, people would draw their own conclusions and that there was already significant anger being expressed." Berry and Chadwick remained inaccessible. Throughout the conflict, calls for responses from Chadwick or Berry apparently went unanswered. "Though 700 supporters stood in the streets protesting punitive Pacifica measures against KPFA, we did our job on the air and we made good radio that day. But Pacifica's silence and distance were growing, as did our increasingly urgent appeals for crisis resolution." As the conflict grew, Berry and Chadwick apparently became increasingly inaccessible. Chadwick moved from her office within the KPFA building, stating that she felt at risk for her safety. While absent, she continued to serve as acting General Manager of KPFA, despite the fact that staff allegedly could not reach her. Stone described the circumstances, "We are unable to contact our executive director unless she happens to call in. Her telephone number as well as the new location of Pacifica offices will not be given to us. We are governed by a remote location by someone with whom we have no access." The KPFA local advisory board and the staff requested meetings with Berry, but were unsuccessful. Imani explained, "We have at every turn, tried to sit down, even against our own... But continually, the community and the staff of KPFA has reached out to Pacifica to continue the dialogue and every time been burned and burned again." Although, Berry refused to meet with community leaders and staff, she made public statements to the media, defending the Pacifica Foundation's actions. This led to further tension between Pacifica and KPFA supporters and staff. "we had been begging and pleading for months for her to come. And she held a private press briefing on the 21st floor of the Marriott Hotel near downtown Oakland and because we had some friends in the newsrooms in the area, we happened to find out about this. We wanted to come to the press meeting and . . . she had armed guards turn us away. And when the TV cameras showed up and were going to show this on television all over the Bay Area -- the community members primarily young people and women, being turned away from a press conference about community radio in our community -- she decided to open the doors in graciousness and goodwill and then refused to sit and meet with us because the cameras were there -- the cameras she had invited." Rather than participating dialogue, Pacifica responded through the press, according to Stone. After a steering committee representing stakeholder groups was formed, Pacifica blamed the union's restrictions for the silence, claiming that the union had not approved more open discussions. However, the local advisory committee and union representatives contend that this was untrue. "she [Berry] told us she couldn't talk with us because the union hadn't given its okay, which was another bold faced lie, because [union steward] Mark Mericle, that morning in a meeting, had given her a signed letter from the union, had said nothing to her in the meeting but 'Dr. Berry, you need to meet with the negotiating team. Dr. Berry we can't discuss this, you need to meet with the negotiating team.' And then she spat in my face and told me a lie -- that she could not discuss this with me because she didn't have clearance from the union." The union representative, in fact, had "arranged for a discussion between Pacifica and some of our representatives with the bargaining unit in which we proposed that Sawaya be rehired, that all discipline, including Bensky's termination be rescinded and that Pacifica enter into mediation with all the stakeholders, paid and unpaid staff, local advisory board and representatives of the community on the underlying causes of the dispute," said Harvey. "One telephone meeting was held with little progress but agreement to continue discussions. There were no further discussions with this group because, we discovered later, Pacifica was mad about some events that occurred subsequent to the first discussion." When discussions with the union initially occurred, Pacifica removed the most contentious items. "Discussions between the union and Pacifica, who flew their labor lawyer out from Southern California, began but did not progress very far because Pacifica was still insisting on the gag rule, refused to discuss terminations and would not include the unpaid staff and local advisory board or the community in the discussions" Though Berry finally agreed to come to California with her proposals, she restricted her communication to union representatives, witnesses told the JLAC. The pattern of non-responsiveness by Pacifica was repeated in the Foundation's involvement with legislative inquiries. Pacifica's voluntary response to repeated requests for information by the JLAC concerning expenditures and financial information consisted of only one letter sent to the JLAC, which stated: "All of the extraordinary actions and expenses that Pacifica has undertaken have been a measured and reasonable response to the extraordinary actions taken against the station." Several weeks prior to the hearing, in a letter to Berry and Chadwick, Assemblywoman Aroner had offered to help mediate the dispute. "As a KPFA listener and contributor, and as a member of the Assembly, if I can be of assistance in resolving the problems confronting KPFA and Pacifica, I am more than willing to offer my services." Aroner never received a response from Pacifica. Finally, after the JLAC requested financial materials pertaining to the financial expenditures, Pacifica set forth a condition of confidentiality, which the Joint Rules Committee of the Legislature rejected. JLAC Chairman Wildman subsequently issued a subpoena for certain financial documents related to KPFA situation. "In approving the issuance of the subpoena, the Joint Rules Committee expressly rejected the condition set forth in your letter to Assembly Member Scott Wildman, dated September 1, 1999, that all documents provided to the Joint Legislative Audit Committee be kept confidential" Shortly thereafter, the Pacifica Foundation released the requested financial information to the committee and to the public. Subsequent to the August 20, 1999, hearing, the Pacifica National Board passed a resolution at its October 1999, meeting, stating that it has no intention to sell KPFA or any other licensee. It also resolved not to charge the extraordinary costs associated with the conflict in Berkeley to KPFA and their listener supporters - including the costs for retaining 24-hour guards posted by Pacifica at the KPFA property and the public relations consultants hired by Pacifica to dispel the situation. Conclusion Based on the testimony and documents provided by participants in the JLAC hearing of August 20, 1999, the JLAC has reached the following conclusions (It should be noted that Pacifica executives did not attend the August 20, 1999, hearing and consequently provided no defense or explanation for their actions). · Several of Pacifica's actions appear to contradict the stated mission of the Pacifica Foundation. Pacifica's actions appear to have violated the operative collective bargaining agreement with KPFA employees. · Pacifica may have violated the California Corporations Code when it removed the voting rights of LAB members when voting for Board directors - without the approval of those members. · Pacifica breached an implied contract with its local programmers, subscribers and volunteers. · Pacific may have violated and hindered, rather than furthered, the stated goals and missions of the Foundation Pacifica engaged in poor management practices that may have damaged the credibility of the corporation. · Pacifica may not have sufficiently informed its board of issues critical to Board decisions, thus compromising the Boards ability to exercise its fiduciary responsibilities. · Pacifica executives used local KPFA operating revenues for purposes inconsistent with established practices and inconsistent with reasonable donor expectations. · Pacifica's management practices in relation to the KPFA crises were inconsistent with its mission. · Pacifica's failure to communicate with its stakeholders and employees was inconsistent with its founding principles. |