Pacifica COULD have, & CAN publish the FJC loan contract: the confidentiality clause only consists in FJC’s name & street address!

The loan contract with the Foundation for the Jewish Community (FJC) has a two-sentence clause on what confidentiality binds the parties. This is the relevant, second sentence, in full:

“[b]orrower shall not publicly disclose the identity of the Lender, except with the Lender’s written approval” (Article 10 Miscellaneous, Section 10.16 Promotional Material, my emphasis & italicisation; page 18 – https://mega.nz/#F!PloCiSqJ!9rLejSkttE7gCVCCq3q86g?b0IBlaiR (can be read without downloading: just click on the three horizontal dots, then ‘preview’))

Identity. So no name, no street name. The rest can become public property – all that has to be surmounted is a not inconsiderable obstacle, a key feature of Pacifica, its entrenched & pervasive secrecy culture at the top. The top. What textbooks call the leadership. Those who direct; who exercise imagination & creativity; who take responsibility; who set an example; who inspire; who fulfil their legal, moral, & political duties.

Is it any wonder that people become so frustrated that they leak documents? Is it?

But maybe one’s being unfair, maybe there was a gentleman’s agreement between FJC & Pacifica? Well, the contract is explicit & unambiguous on the degree of legal force held by what is believed to be an oral understanding or agreement: none, in a word. The wording used:

“[t]his Agreement and the other Loan Documents embody the entire agreement and understanding between Lender and Borrower and supersede all prior agreements and understandings between such parties relating to the subject matter hereof and thereof. Accordingly, the Loan Documents may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties” (Article 10 Miscellaneous, Section 10.21 Entire Agreement, my emphases & italicisation; p. 18)

The topic of the importance of getting an agreement in writing came up at the M15July Audit Cttee meeting, with a question asked by Polina Vasiliev (KPFK staff delegate). Please see this post: https://pacificaradiowatch.home.blog/2019/07/20/why-may-the-marty-dorothy-silverman-foundation-be-buying-pacificas-3-265m-loan/.

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