What are we going to do: say ‘we want a better grade of callers, don’t call back’? […] What are we going to do: ‘track them down, & say don’t call back’?
Cerene ‘Serene’ Roberts, 15:51 & 19:59
WBAI Radio Cttee, Tu20Oct, from 4:16:
And what was interpreted as non-verbal heckling, a disturbing repeated choking cough, provoked a retort from Cerene ‘Serene, so serene she was named it twice’ . . . a “don’t tempt fate, ladies” (38:18). Ever the compassionate.
Cerene ‘Serene’ Roberts may no longer be on the PNB, but she still gets to show she hasn’t lost it.
Indeed, rumour has it that Ms Roberts now gives Manhattan executive/masterclass seminars & webinars on, mimicking a famous book-title, The Art of the Putdown, The Art of the Trigger, & The Art of the Filibuster. Obviously, discounts for all multiple & group bookings, & special rates for aspiring non-profit dragons.
As she herself says, “knock yourself out” (30:55).
“[T]his is going out on national broadcast in perpetuity, this, this is going out in perpetuity, this will be on the record for ever” (DeWayne DeLark, PNB Vice-Chair)
. . . a Pacifica director is a trustee of the Foundation (JannyG, last week) . . .
. . . wonder if Exhibit XXX is in the ED application pack? . . .
. . . Exhibit XXX: from 19:33 – if you dare:
Highlights of the lowlights:
“[…] we are basically out of time, urgh, but I’ll, I’ll allow, ur, Mr Lark to make one more comment, & then we will take, take this matter to a vote & then we’ll adjourn” (what could be simpler? . . . the plan, all laid out so clearly by PNB Chair Alex Steinberg, WBAI listener-delegate)19:33 – an omen, an unfortunate year
“Mr Lark, go ahead” (Chair Alex – famous last words) 19:50
. . . what could possibly go wrong? . . .
“Please time him correctly” (Eileen ‘it’s Ros-in’ Rosin, PNB Audit Cttee Chair & WPFW listener-delegate, not asking for the floor, interjecting with her unfortunate, triggering micro-aggression,probably unintended yet registered, but ultimately inconsequential in G-d’s great schema) 19:53
“Sandra […] her nasty mouth […] she’s been nasty & vile […] nasty, vile words” (DeWayne ‘who puts the chip into cookies’ Lark, PNB Vice-Chair, KPFT listener-delegate, & NAAAAAACP junior chapter president when a three-year-old) 20:05
“[…] this is going out on national broadcast in perpetuity, this, this is going out in perpetuity, this will be on the record for ever” (Vice-Chair DeW – famous not-last words) 21:30
“I have every right to say what I want, I’m a United States citizen” (Vice-ChairDeW) 24:37
“Alex, shut the fuck up!” (Ralph ‘I was married to Lynne Stewart for many years’ Poynter, WBAI listener-delegate) 25:05
“Oh my gosh! I’m off [the call], I’m sorry” ( Heather ‘I used to work for Coretta King’ Gray, WRFG-Atlanta affiliate-director; she came back on: who could resist?) 25:09
“Yer, I relent. Call for the question” (Vice-ChairDeW) 25:47
“OK, Mr Lark, are you finished?” (Chair Alex) 26:04
“No, I’m not finished, but for the sake of the members I’m going to relent, I’m – call the question” (Vice-ChairDeW) 26:07
“Y’all don’t call that racism but I do” (Vice-ChairDeW) 26:16
“A poin-p-point of information, please […] shall it be in writing, um, recordings, PowerPoint, what is it that calls for?” (Lynden ‘I’m serious: I’m not a comedian’ Foley, KPFT listener-delegate) 26:25
“I-I-I-I-I have come to understand that nobody really gives a shit” (Sandra ‘probably a grandma, too’ Rawline, KPFT listener-delegate) 29:28
“Here we go, here we go” (Ron Pinchback, WPFW staff-delegate) 29:36
“This is what Wayne is talking about. She has been nasty, & I don’t know why” (Lawrence Reyes, ex-ED 2019, ex-PNB Chair 2019, PNB Governance Cttee Chair, & KPFK listener-delegate) 29:37
“Who-who else calls women nasty?” (Lynden) 29:54
“Eileen, Eileen, mute everybody, or Polina, or somebody” (definitive proof, Lydia, there is no G-d . . . ED Lydia ‘why on earth am I here – on no pay as well?’ Brazon inciting a director to commit a violation of the Communications Act of 1934, § 396(k)(4)) 29:59
the Gitmo White Noise Psyops Unit, infiltrating PacificaWorld, 30:03(imitating Steve Brown, allegedly, former WBAI listener-delegate)
. . . finally . . . “OK, do we have a motion to adjourn? […] OK, any objections? OK, goodnight everybody” (Chair Alex) 34:36
. . . but only until next time . . . next Thursday, 29Oct . . . sadly, a private bloodbath, not in public . . .
. . . if Dante had lived, on the 700th anniversary of his text he would have had to have lowered himself into a 10th circle of Hell . . .
*Sent:* Thursday, October 15, 2020, 11:47:24 AM PDT
*Subject:* One year extension of FJC loan — offer
CC: Pacifica Interim ED Lydia Brazon; Local Station Boards; CFO: Anita Sims; Counsel: Arthur Schwartz
As a result of the financial position in which we, Pacifica, find ourselves, i.e. the inability to repay the FJC loan when it comes due in April, I considered what course I, as a fiduciary, could follow to help Pacifica in our current situation. I contacted FJC and spoke to the President of the Board and the Chief Legal Officer. I clarified that I was calling as a Board Member, and not as a representative of the Board. The purpose of my call, I explained was to explore whether there might be a possibility of extending the loan directly, between FJC and Pacifica.
They told me about FJC and its role and mission. They also made it clear that they were familiar with Pacifica, its background and especially, the Empire State Building situation.They expressed their concerns about Pacifica, its finances, changing leadership and governance, and that they were happy that FJC has been able to help us survive. They also told me that all the loans which they provide under the program we are involved with carry the same interest rate: 3% over prime.
I also brought them up to date a bit about Pacifica, and a tad about myself, including the fact that I have been involved in numerous political and Non-Profit organizations, including Pacifica Governance for about 16 years and that in my “off hours” I’m a lawyer who has been involved in helping structure numerous business deals, including the “Pacifica Bridge Loan” in 2018, etc.
During the course of that conversation I explained the progress that Pacifica had made in getting its Audits more current, the fact that there was a Bylaw amendment process underway which had the potential of changing the governance structure of Pacifica, but made it clear that the PNB was divided on the subject. I also explained that Pacifica was not currently in a position to pay back the loan on its current maturity date, and that we were pursuing various financial options. I also answered whatever questions they asked, to the best of my ability. As a result of that conversation, Pacifica’s progress towards getting its audits current, and the fact that there is serious discussion and potential Bylaw Amendments relating to reducing the Board size and structure to enable Pacifica to become more stable and more able to face the financial and other challenges that it faces, they were encouraged enough that FJC is willing to tentatively offer to extend the loan to Pacifica for another year, with the same terms, without interruption and without additional financing costs.
I asked them about whether this tentative offer needed to be kept confidential, and they told me that that was not necessary. They are pleased to let people know about the services that they have provided to Pacifica and that they offer others.
Hopefully the Pacifica National Board will take this opportunity to extend the loan quickly so that we can concentrate on helping Pacifica move forward. Of course I will be happy to help facilitate this. Being of service to Pacifica so that it can flourish has always been my goal. I hope that this is another step in that direction.
Respectfully and with great hope for the future,
Pacifica National Director, KPFK
Well, that’s a turn-up for the books.
Three sets of points:
what this means, including the obvious effects;
why is the Foundation for the Jewish Community, operating as FJC, making this alleged offer?; &
as mentioned 2Oct, has the $3.265m loan already been extended from 1Apr2021 to some date in Sep2021?
What this means, & the obvious effects
A director approaching FJC without knowing whether ED ‘Fabiana’, for example, was already in dialogue with them, thereby making Pacifica look uncoordinated, making it look ‘unprofessional’, making it look a lil silly;
after the approach, Prez Lorin Silverman & Chief Legal Officer Mark Cohen were happy to negotiate with JannyG, rather than give her a ‘well, thx 4 the heads-up, now we’ll ask the Pacifica ED what Pacifica wants’;
FJC showed where they stand on the breakers v. solidarians divide, choosing to collude with the breakers, giving credence to their credibility as ‘agents able to get things done’, as ‘respected by the monied & the powerful’, as ‘people that those in RealWorld can understand & get on with’;
JannyG dropped a boulder on the PNB Loan Repayment Cttee, obliterating it before it could even have its first roll-call (it had been set-up Th1Oct with DeWayne Lark’s PNB motion, https://kpftx.org/archives/pnb/pnb201001/pnb201001_6467_agenda.pdf – page 2; “very unfair”, the measured DeWayne told a reporter, in his understated way);
this lone wolf ops will be plastered all over the breakers’ propaganda if the petition leads to referenda: ‘we’re Pacifica’s saviours, only we can get things done! . . . you may have doubted us last time, but see, only we can Nike!’;
the by-passing of both ED ‘Fabiana’ & the PNB can only sow discord, antagonise interpersonal relationships amongst all concerned;
the episode is further evidence that the ED & PNB majority are paralysed, unable to take the initiative; &
it’s another example of the breakers, rather than the Pacifica solidarians, seizing the initiative in the non-contest that would otherwise be a war of manoeuvre, for only one side knows how to fight; this, additional to the breakers reigning supreme in the non-contest that would otherwise be a war of position, the preparing of the ground prior to contact with the enemy, for only one side comes up with plans. This isn’t even men against boyz: it’s a slaughter.
Politically, what’s happened shows that (1) ED ‘Fabiana’ & the PNB majority have displayed a paralysis that simply wasn’t warranted by the extant conditions, & (2) the breakers, once again, have the energy & ideas to take the initiative.
The leading question, sadly, remains all forlorn, orphaned: when will the majority of elected Pacifica officials act on their own terms, rather than being reduced to acting as a reaction? When will activity supplant passivity?
Why has FJC made this alleged offer? Market conditions, & the borrower under-subscribed ALF
Back in summer 2019, this blog explained the falseness of a story repeatedly peddled by the likes of Nancy Sorden (PNB Chair when the FJC loan contract was signed, & WPFW listener-delegate), Chris Cory (the 2019 PNB Finance Cttee Chair, & KPFA listener-delegate), Eileen ‘it’s Ros-in’ Rosin (then & still PNB Audit Cttee Chair, & WPFW listener-delegate), as well as regular suspects, Goodman & Aaron:
[t]he Pacifica advocates of the loan from the Foundation for the Jewish Community, FJC, have presented it as a good Samaritan, doing it out of the kindness of its heart. In fact, FJC is in a competitive market as a manager of donor-advised funds, a sector of the charity industry. One of its money-making operations is running a fund that lends at prime-plus, the Agency Loan Fund, ALF. Donors to FJC can lodge money with ALF, as can outsiders, all hungry for those extra percentage points of interest earnt.
FJC had been having problems finding borrowers for these prime-plus loans: only 46% of ALF had been converted into loans at 31Mar2018, the very time of the 2Apr Pacifica loan (FJC’s latest auditor’s report, year-end 31Mar2018, page 20; page 22 of the PDF). So, of course, Pacifica, made to use its three buildings as collateral to satisfy the 3:1 assets-to-principal ratio, assets here being “the appraised value of the mortgaged properties under the Deeds of Trust” (Section 1.1(7), p. 2 of the loan agreement – link below), was welcomed with open arms. Sentiment this was not. http://fjc.org/uploads/user-uploads/image/FJC%203-31-18%20FINAL.pdf [loan agreement: https://mega.nz/#F!PloCiSqJ!9rLejSkttE7gCVCCq3q86g?b0IBlaiR]
The conversion into loans has now improved: from the 46% at 31Mar2018, the next year it was 45% (with the fund growing a lil, from $57.1m to $58.4m), rising to 54% at 31Mar2020 (with a 11% spurt to $64.7m; FJC auditor’s reports, pp. 21 & 24 respectively). As the Georgian infamously said, dizzy with success. The reports, since FY2006 (bar FY2007), are here: https://mega.nz/folder/4Al2TDCD#7brl9C0CSfpESGgby6ZTrQ.
For whatever reason, FJC has found it difficult to attract borrowers with assets that can be collateralised. ALF lends at p+3, prime plus 3 percentage points, so currently, & since 16Mar2020, lends at 6.25%, which is 92% over prime (3 ÷ 3¼). ‘Earning’ a safe 6.25% is probably better than bonds & shares – so keep Pacifica in ‘the FJC family’. After all, thru to 1Apr2021, it will have paid ~$750k for the privilege of collateralising all its property to FJC (that’s an average $250k a year, $62.5k a quarter, assuming that the current interest rate doesn’t change). Extending a year, Pacifica listeners hand over an extra ~$200k (@6.25% = $204 062.50). Makes a four-year total of ~$950k. 😋 👍 😋 for those donor-advised accountholders.
Money aside, FJC’s leader, Prez Lorin Silverman, by undermining ED ‘Fabiana’ & the Board as a whole, has made plain the sort of Pacifica he prefers: a ‘normal’ broadcaster, ‘vanilla’, predictable. In a word, Amerikan.
(Non-trivial note, a possible $287 223.92 note, in fact: the loan agreement actually speaks of percent, not percentage points . . . (let that sink in for a moment) . . . : “the Prime Rate […] plus 3%” (Sec. 2.2, p. 5; p. 6 of the PDF) . . . (pause again) . . . making the current interest rate not 6.25% but (3.25 x 1.03)% = 3.3475%. Quite the difference . . . ~$95k a year, in fact. Will Pacifica challenge FJC on this?. . . [A post this week, including an open letter to ED Brazon & legal counsel Arthur Schwartz, will give the workings for the three years, $287 223.92 = 748 815.26 − 461 591.34.])
Has the $3.265m loan already been extended from 1Apr2021 to some date in Sep2021?
On 2Oct I said there’d be a post on this, so . . .
The question arises because of a mention in Pacifica’s FY2018 auditor’s report. Dated 16July2020, it was accepted by the 16July PNB meeting but first published Sa15Aug (sic), without either explanation or apology, on its homepage & https://pacifica.org/finance_reports.php. It said the $3.265m loan would mature in “September 2021” (p. 14; p. 16 of the PDF). This was news, the first time such a thing had been stated.
So what was the prior evidence? (All emphases are added; links at the end.)
“This Loan Agreement (this ‘Agreement’) is entered into as of April 2nd, 2018” (2Apr2018 Pacifica-FJC loan agreement, p. 1; p. 2 of the PDF);
& “the loan matures after three years” (6Apr2018 Pacifica press release);
but, & this is the killer, “[t]he terms of the note call for interest-only payments due quarterly, with a final lump-sum payment of all unpaid interest and principal due in September 2021” (Pacifica’s FY2018 auditor’s report, 16July2020, p. 14);
& yet FJC’s auditors declared on 27Aug2019 & 16Sep2020, using the same wording, that no loan runs into 2021: “[l]oans receivable consist of interest-bearing loans to charitable organizations […] with varying maturities through December 2020” (Note 4: FY2019 report, p. 17 (p. 19 of the PDF), & the FY2020, p. 19; FJC’s year-end is 31Mar);
& those two reports, so starting the day before the Pacifica loan began, state in Note 4 the sale of FJC loans, but none is of the size of Pacifica’s $3.265m (remember, the auditors have to disclose material events occurring after the year-end);
. . . so, (1) who’s right: Pacifica’s auditor saying Sep2021 or FJC’s auditor saying Dec2020 at the latest? . . . or are they both wrong, & the early statements are correct, with the loan maturing 1Apr2021?;
& (2) if the loan matures 1Apr2021, & FJC’s expensive auditor’s report is accurate on the maturities date (but inaccurate on loan sales), who now owns the Pacifica loan?
The contradiction wasn’t noticed by anyone at either the Tu14July PNB Audit Cttee or the Th16July PNB. The claim for Sep2021 was so anomalous that I said nothing at the time, assuming it to be an error by Pacifica’s auditors, Rogers & Company. Their FY2017 report had factual errors, as noted in this blog, so my surprise soon passed. But what do I know?
Maybe one day a Pacifica director or a lowly LSB delegate will find out, & tell us.
Guess the anniversary never even got to Amy’s editorial meeting this morn. So here it is.
Bare leads, WBAI’s master control studio (W9Oct2019 photo; courtesy of R Paul Martin)
R Paul Martin: “[n]ot pictured is the vacant space where the Emergency Alert System (EAS) module had been. It is illegal for WBAI, or any radio or TV station in the United States of America, to operate without a functional EAS capability.”
Lockout notice, new locks on the door, 3rd floor (W9Oct2019 photo; courtesy of R Paul Martin)
After the W9Oct WBAI Local Station Board, R Paul Martin & other staff went to the building housing the station, got inside, & saw the damage.
This was the work of “a group composed of Pacifica interim Executive Director (iED) John Vernile, Pacifica National Board Directors Bill Crosier (KPFT) and Adrienne LaViolette (KPFT) and Moe Thomas, Chief Engineer of WPFW”. Pacifica’s very own wrecking crew. WCP.
That 9Oct WBAI LSB meeting (2:03:39; videographer, Joe Friendly):
Protest outside City Hall, 15Oct (59:42; videographer, Joe Friendly):
There are quite a few PacificaWatch blogposts about this attack on Pacifica by the breakers. Please scroll down on the right, or click ‘WBAI’ in the list of folders at the end of this post.
But the saddest thing is that the political lesson hasn’t been learnt: Pacifica partisans have to be strategic, have a plan, & not just be reactive to the repeated initiatives of the breakers. One year on, the only change is deleterious, a further reinforcing of established routines.
‘Peruvian’ Lynden isn’t just an average breaker: he’s named in the groundhog scheme to give Pacifica a new constitution, the so-called by-laws petition doing the rounds. Lynden would be Pacifica’s treasurer, one of four breaker-appointed officers running a reconstituted Pacifica until “early December” 2023 (proposed Article 4, Section 13, added emphases), officers “responsible both for implementing the New Day Pacifica Bylaws and also bringing Pacifica back to financial and governance health during the transition”.
. . . hitting the body, with a tremendous, a powerful light, getting it inside the body, shining the light, shining the light inside the body . . . the disinfectant, injecting disinfectant into the veins, almost a cleaning . . . the light . . . the disinfectant . . .
. . . Vladimir & Estragon, sitting silently, gazing out across the ocean . . .
Two associated posts will soon follow:
• given the evidence of FJC auditor’s reports for FY2019 & 2020, has FJC sold the $3.265m loan?; &
• given evidence from FJC, Pacifica, & its FY2018 auditor’s report, has the loan been extended from 2Apr2021 to some day in Sep2021?
There will also be a post explaining why the current application for an Economic Injury Disaster Loan (EIDL) is likely to fail given:
• the lending criteria of the SBA, the Small Business Administration;
• recent reports by its Inspector Generalon SBA lending decisions; &
• Pacifica’s financial performance – not since the recent past, 30Sep2016, the last date of audited financial statements, but since the deep past, 30Sep2006, a full 10 years earlier.
IT IS FORBIDDEN TO READ THIS POST WITHOUT BEING ACCOMPANIED BY THE ANTHEM OF PACIFICAWORLD. THANK YOU FOR YOUR FORBEARANCE. YOU MAY NOW CONTINUE.
F2Apr next year is a big, big day for Pacifica. That’s the latest day it’s contracted to hand over $3.265m to the Foundation for the Jewish Community, operating as FJC.
Pacifica, in the 2½ years since the loan was taken out, has never made a public statement as to how it’s going to do this.
But that’s not the worst of it: the public behaviour since Apr2018 of the Pacifica National Board & six executive directors (Livingston, Jackson, Aaron, Vernile, Reyes, Brazon – LJAVRB) has consistently neglected the matter in hand. Moreover, there’s been no push from the local station boards – occasional grumblings, but never enough to even meld into a motion. Not only has there never been a vote on a relevant motion during a public session of any Pacifica board or cttee, there’s never been a public Pacifica discussion of what options are available – even worse, there’s never been an exploration of what they could be. And never a mention in a public report from the private Pacifica sessions.
So no director has ever brought a motion, either to their local station board or the PNB. And each director, by law, has, in the jargon, a fiduciary duty, a duty to act in the best interest of the organisation. A director, by law, can’t be an ostrich.
Yet this is so.
Enter, stage left, as many DeWaynes as one can stomach, discursive DeWaynes, bombastic, hyperbolic, hyper-hectoring, the PacificaWorld incarnation of those irritating, pompous-sounding but sadly true epithets, all entering to stride the stage: egregious . . . negligent . . . dereliction . . . in a phrase, the refusal by each & every director to discharge their fiduciary duty.
🦗 🌊 🦗 💦 🦗 🌊 🦗
Only some of the directors are fresh to the fire. Others constitute the inner circle, & it’s not known publicly why these specimens have continually failed to discuss in public how this $3.265m could be raised. (An alternative is persuading FJC to extend the loan, changing the maturity date of the contract.) In the two-year period thru to 2Apr this year, one can assume the failure was Being Homer: cognitive myopia, an inability to think that far ahead. But silence during the last six months? That’s a lil more difficult to explain. Having seen off the breakers in the March referenda, wasn’t that the time to seize the initiative, start afresh, set a new tone? OK, the US COVID-19 epidemic had just grabbed the attention, soon followed by a collapse in Pacifica income, but surely this made it even more urgent to sort out where the $3.265m is coming from? But no. In PacificaWorld, failure is utter.
But the prime responsibility lies with ED Lydia Brazon, in post since 5Dec2019. Her job is to deal not just with the present, the firefighting, but with the future, especially with known problems like finding a multi-million sum by a known date: The Mi$$ion. So, existentially, the Pacifica mission reduces to The Mi$$ion. Why hasn’t she hired someone both to list the kinds of options & to identify concrete options, the possible courses of action? Scenarios that she can then present to the Board for decision?