What a bunch of busy breakers! Whilst attention was on the New Day Pacifica group, this lot stayed focused, beavering away, stamping the PSN brand here, there, & everywhere, & even finding time to go to court – not once but twice! So what have they been up to, this last three months?
a 501(c)(3) registered Tu29Sep2020: doc linked from Pacifica in Exile, please see below – will also be embedded on this webpage
of course, a GoFundMe, created 5Oct2020: “Donald Goldmacher is organizing this fundraiser” – well, he is the chief financial officer, according to the Cali Secretary of State; “$60,000 goal”; as of Pacific breakfast, W16Dec, $1 350 had been raised from 8 donors, all within the last 24hrs bar the first donation, made 18 days ago, Sa28Nov; https://www.gofundme.com/f/pacifica-safety-net
officers publicly disclosed M16Nov2020, to the Cali Secretary of State: Sherry Gendelman, Chief Executive Officer; Craig Alderson, Secretary; & Donny ‘do you think I care?’ Goldmacher, Chief Financial Officer – see Pacifica in Exile doc drop
a YouTube channel, Pacifica Safety Net, created F20Nov2020: 13 subscribers as of Tu15Dec; no public content, but two vids (detailed below), that are ‘unlisted’, so they don’t come up in a YT search, but each has a URL so can be shared; notably, comments are turned off – these peeps aren’t into conversation, discussion: they’re steamrollers (think tankies), into dissemination, into top-down communication; https://www.youtube.com/channel/UC1mgsTKWHgHkxO-yyK83RiQ/about[UPDATE . . . the two vids were made public at c. 1600PT W16Dec(changing the upload date to 16Dec, but leaving the views unchanged).]
& a Facebook page created Sa21Nov2020: linked to the primary website; three posts (the Peter Coyote vid described below, a note by David Talbot, & admin referring to Talbot); one ‘like’ & one ‘follow’ for the page; no likes/comments/shares for the posts; https://www.facebook.com/pacificasafetynet/
(GoFundMe donors, in chronological order: 28Nov, Anonymous, $5; −22hrs, Anon., $100; −16hrs, Thomas Miller, $1 000; −15hrs, Ann Riley, $100; −15hrs, Anon., $20; −11hrs, Rolando Thorbourne, $25; −8hrs, Barbara Whipperman, $50; & −8hrs, Chris Stehlik, $50. In The Times of Corona, glad to see some have a hoped-for $60 001 to spare. If only they were putting their energies into fundraising for Pacifica – priorities, I guess, priorities on what to build, what to destroy: building the attack to destroy Pacifica.)
The YT channel has at least two unlisted vids, both embedded on the PSN website homepage:
one titled ‘Peter Coyote’, he speaks to camera, not having learnt the script, as betrayed by his eyes; uploaded Su6Dec2020; 331 views (this out of praps 3k-5k pre-contacted potential supporters); https://www.youtube.com/watch?v=8PH_BRBmjFY (5:31)
the other titled ‘Programming Heard on Pacifica Radio’: unreferenced medley of gross falsehoods (even lies) & gibberish, allegedly broadcast by Pacifica; uploaded Su6Dec2020; 28 views; the clips are from Guns & Butter, Alan Sabrosky, Michel Chossudovsky, & a combo of anti-vaxxing/anti-masking/crisis actors/alien visitors/quackery/snake-oil hawking; but remember, in the 1960s, WBAI had the KKK on, to interrogate their ideas; & the liberal conception of speech allows causing offence, even expressing hatred, but bars incitement to violence (all anathema to liberalism are cancel culture/dis-inviting/safe spaces/trigger warnings); a separate matter, of course, is whether Pacifica should give its valuable airtime to reactionary views; https://www.youtube.com/watch?v=s8aYys_rhlo (6:47)
And part of building the PSN brand is thru action, thru what are now two court cases, according to the PSN site, brought to eat up money that Pacifica doesn’t have, to punish their enemies on the Pacifica National Board, & to discourage anyone from becoming a Pacifica director:
Tu8Dec, the rejection by Judge James Chalfant, Los Angeles County Superior Court, of a petition (case # 20STCV46681) to put Pacifica into receivership & order a temporary restraining order; &
a Th10Dec press release declaring, “[l]egal action [by persons unnamed] to stop the destruction of the Pacifica Radio Foundation was filed in Los Angeles Superior Court. The complaint accuses members of Pacifica’s board of directors with misfeasance and malfeasance, negligence in their management of Pacifica, unlawful conduct and gross dereliction of their fiduciary duties and responsibilities, causing Pacifica the severe loss of multiple sources of income, the imminent loss of its assets and putting Pacifica in imminent danger of insolvency and complete collapse” (emphases added) – https://pacificasafetynet.org/litigation-filed-in-la-superior-court/. (So Th10Dec; but this is contradicted by another webpage, which gives M14Dec: “PSN’s launch today [Tu15Dec] follows the bombshell announcement on Monday that Pacifica network directors were being sued for malfeasance and mismanagement” – https://pacificasafetynet.org/campaign-launched-by-donor-to-save-pacifica-radio/. Bit of a pickle.)
And filings with the Cali Registry of Charitable Trusts? Unfortunately their Registry Verification Search, & other resources, are currently down for maintenance – and, like a failed state, the webpage says “[w]e do not have an estimated date on which those services will be restored and available”, a notice that’s also undated (https://oag.ca.gov/charities). Amerikan Karnage. Yes, the future is the present – and we aren’t even talking climate emergency.
A Pacifica safety net, a really awkward phrase, yes? Even more rubbish as the name for a group. Seriously. But it has a genealogy, rooted in KPFA separatist culture, going back just over four years ago, just after when Trump was elected. This will be detailed in a companion post, ‘The hydra grows another head: breakers resurrect a 2016 plan, the Pacifica Safety Net’.
The primary sources are the two audiofiles of the Sa19Nov2016 KPFA LSB – yes, them again – and a 29Nov report & analysis by Janet Kobren, then a Pacifica director, PNB secretary, & KPFA listener-delegate.
“One notable difference was the Proposal #4: Proposal for LSB to Establish a 501(c)3 (see description below) for which the title had changed from ‘Proposal for bringing to Life The KPFA Foundation’ to ‘Proposal for Bringing to Life a 501(c)3 Foundation As An Available Safety Net To Catch The License And/or As A Way To Ensure KPFA’s Financial Stability’” (emphases added);
“Set up a safety net 501(c)3 Foundation – lavender paper [document]. A safety net organization to receive the license to broad cast [sic] in the event of collapse, dissolution, or acceptance of the plan #3 (above) that makes KPFA an independent affiliate of Pacifica holding our own license and operating in exchange for assuming Pacific’s debt” (emphases added);
“Proposal #4: Proposal for LSB to Establish a 501(c)3 [… new para …] Kobren summary: Per Travis, in the case that Pacifica is dissolved, this is a way to pass some of the assets to a nonprofit organization that has a similar mission, and this 501(c)3 would have an identical mission and ‘have something in place’ (a ‘safety net’)” (emphases added); &
“Whipperman [Barbara, an early GoFundMe donor, $50, to PSN] suggested the 501(c)3 be named the Thompson/Hill Foundation”.
A final, crucial point.
PSN betray their origins:
[t]he Pacifica Safety Net (PSN), a California non-profit organization, formed by Pacifica radio listeners, volunteers, and donors officially launched a website and posted a five-minute videotaped statement by actor and author Peter Coyote
Donors. In PSN’s own words, donors who aren’t “listeners”, donors who aren’t “volunteers”.
So who are they? Who bankrolled the court actions? Who are these people? What do they want?
Why no transparency?
Why the secrecy? What are they hiding from the Pacifica members, from the Pacifica staff, from the Pacifica listeners?
The GoFundMe tells it like it is, meekly & modestly:
[o]ur mission is durable because it was created to serve – out of a righteous spirit
[w]e are dedicated to raising money, outside of the purview of foundation [sic] management, to protect the local stations from the immediate dangers they face. We are raising money for a ‘safety net’ of funds to protect the stations in case of emergencies, whether they are legal, operational or otherwise
. . . no flowers in their office, no flowers in their hair . . .
Published today, Tracy Rosenberg’s Pacifica in Exile blog (email version, not yet on website). [UPDATE: the web version, Th10Dec, has a one-sentence addition, in the opening para, & it appears below.] . . .
Donny ‘do you think I care?’ Goldmacher (KPFA listener-delegate),
Christina ‘Nurse Ratched’ Huggins (KPFA LSB Chair & listener-delegate), &
Andrea ‘so anodyne I don’t merit a moniker’ Turner (Pacifica director & KPFA listener-delegate).
Allegedly, this morning, Tu8Dec, they broke their ‘lockdown’ (nice Pacifican conduct there), drove from the Bay Area to a LA court, & tried to shaft the members, the staff, the listeners.
Three Members of KPFA’s LSB Try To Give Pacifica’s Assets to California Court
Los Angeles – Three members of KPFA’s local station board, Chair Christina Huggins, Andrea Turner, Donald Goldmacher and their lawyer, traveled down to Los Angeles on Tuesday, violating California’s COVID19 shelter in place order, to try to convince a court to place Pacifica’s assets into a receivership and remove control of the Foundation from its members. [Update: The 4th plaintiff is Craig Alderson, a former KPFA LSB member and the attorney is Stephen Jaffe, an SF employment lawyer and unsucessful Congressional candidate.] Their effort was unsuccessful and their emergency request was denied by the court.
Their filing, apparently an error-riddled 800 page tome, was not available on the LA County Superior Court site as of the time of this newsletter, but was said to have asserted incorrectly that Pacifica’s buildings were about to be foreclosed upon and that the fiscal year 2017 audit had not been completed. (It was completed some time ago). The judge denied the request in a brief hearing of less than 30 minutes duration and castigated the plaintiffs for procedural irregularities.
Among the procedural irregularities was the failure to serve the lawsuit. The plaintiff’s attorney merely called a few officers of the board on the telephone at 8:00 am the day before the hearing.
Receivership, which is normally requested by an organization’s creditors, not its member-elected delegates, hands over all of the foundation’s assets, including all five station radio licenses, title to all owned real estate, and all of the money in any the station bank accounts, to an independent party appointed by the court. The receiver maintains possession of all assets until discharged by the court, The receiver makes all financial and operational decisions during the period of receivership and may shed assets and discharge workers to attain profitability. With the permission of the overseeing judge, a receiver can act to liquidate an organization and can also petition to terminate or not renew collective bargaining agreements.
The three KPFA local station board members did not inform the KPFA local station board of their actions, and one of them Andrea Turner, who is a PNB director, did not inform her national board colleagues. Their bizarre actions happened as other members of their faction send pleading emails to members to sign a petition for a bylaws referendum, which would no longer be possible under receivership, as members would lose their voting rights for the duration of the receivership.
While the “emergency request” was formally and finally denied, the full lawsuit will continue wending its way through the court system, with Pacifica members like you footing the bill.
Pacifica members upset at the actions by delegates to take away the Foundation from its members can email the KPFA local station board at email@example.com.
Thx to Tracy Rosenberg, not least for publishing so swiftly. Respect.
A Pacifica pre-emptory 2hr broadcast, ‘The Battle for Community Radio’, went out this evening on WPFW & WBAI, alerting The Faithful to the dastardly deed perpetrated on the West Coast, hosted by John Riley & Mimimi ‘you think Third Worldism died in 1976? Racist!’ Rosenberg:
• with Arthur Schwartz (Pacifica lawyer, 9:12), Ralph Engelman (Pacifica historian, 17:29), Tracy ‘yes, the other one, &, no, not related to Ethel & Julius’ Rosenberg (21:54) – and the talent just keeps coming, rising to a crescendo with DeWayne ‘I put the chip into cookies’ DeLark (Pacifica Vice-Chair, KPFT listener-delegate, & NAAAAAACP junior chapter president when a three-year-old, 49:16), all on today’s court case
• with Tracy ‘yes, the other one’ Rosenberg (6:27), Grace ‘hallow’d be Thy name’ Aaaaron (in her last days as both director & KPFK listener-delegate, 11:24), Michael Novick (KPFK listener-delegate, 19:27), Ron Pinchback (director & WPFW staff-delegate, 38:12), Akua Holt (producer of KPFT’s pan-Africanist programme (not known to be on Lynden Foley’s iPod), 44:02), & Lawrence Reyes (director & KPFK listener-delegate, 53:21), all on the Golden DawnNew Order New Day new constitution by-laws petition
One can only enjoy.
[UPDATE: John Riley, WBAI stalwart, made this video of the 2hr broadcast . . . although I think you’ll agree that some of the visuals are a lil scary . . .
What you doing the Saturday before Christmas? Got something to get off your chest?
PacificaWatch, during the last KPFA LSB meeting, Sa21Nov, via a linked quote in the Zoom chat, reminded the delegates that, per the by-laws, they couldn’t do the elections at their usual every-other-month meeting, so in Jan. (Yes, maximising participation, & increasing the opportunity to hold decision-makers to account, are anathema to the KPFA station chauvinists. Moreover, the public are just a nuisance, wreckers.) Chair Christina ‘Nurse Ratched’ flatly denied the prompt; after she’d been reassured by lackies that the linked quote was correct, ‘Nurse Ratched’ carried on being ‘Nurse Ratched’, so not as much as an apology to the humble attendee. Manners not maketh ‘Nurse Ratched’, only unbridled power.
“Each Local Station Board shall elect a Chair, a Vice-Chair, a Recording Secretary, and a Treasurer, who shall be elected annually at the December meeting of the LSB for a term of one year using the Instant Runoff Voting method.” https://pacifica.org/indexed_bylaws/art7sec5.html
[Not Edward Hopper, Office in a Small City, 1953; he was 71]
Yesterday I made the PNB-zombies-Karen post to two FB groups, Pacifica Radio Supporters & Pacifica Radiowaves. I noticed within an hour it had been deleted – praps even instantaneously, for all i know. A notification from FB said the post was spam.
It’s transpired that what FB deems spam is not the post as such but the site it linked to, namely this one, something i’ve often done since the middle of last year.
So the seriousness of the situation is much greater than i first thought. I’ve just noticed that all my posts linking to this blog have been deleted from the FB groups i’ve posted to.
I can’t find a way to appeal FB’s action: does anyone know different?
Anyway, g-d bless Mr Sugar Mountain, not least for the extra money he’s ‘earning’ during the COVID-19 global societal crisis. In the period depicted in the table above, from W18Mar to Tu19May, a day shy of nine weeks, it’s estimated from Forbes figures that his wealth increased by ~$25.3bn, from 54.7 to 80.0. That’s $408m every one of those 62 days; $17m every hour; $283 378 every second, so exceeding the annual wages of seven workers on $19.25 an hour (40 hours x 52) – makes Stalinism seem appealing.
And Pacifica’s revenue in a year? ~$10.9m (the FY2017 NETA figure rejected by the auditors). Zuckerberg ‘made’ that in 38.46 seconds – makes slavery seem fair.
On top of all this, 17 days have almost passed since the 19May calculation, adding perhaps another $6.9bn (17 x $408m). Overall, that’s +59% (32.2 ÷ 54.7) – makes the COVID-19 global societal crisis seem all worthwhile.
. . . one reason why the PNB only has teleconferences – without cams . . .
At least the protesters in the streets today have some vitality. Back in PacificaWorld the directors just keep on keeping on, shuffling along as zombies, towards the abyss they refuse to see.
Besides the obvious – money & more appealing programmes – Pacifica needs one thing: Karen.
Yes, the directors vary in their abilities, but why the continuing collective failure? Just like the street, there has never been a more opportune moment to say, no more. Cometh the moment, cometh the Karen. Karen needs to step up to the counter.
The anti-breaker coalition hasn’t endured: Steinberg & Aaron have pushed Reyes aside, trying to close down discussion, stitching things up beforehand over Skype calls. The revived PNB Strategic Planning Cttee has been stymied. It’s as if when the moment suits them they’ll sort something out with Brazon, getting Marc Hand or whoever to try to find a new lender. What isn’t happening is transparency of proceedings, giving Pacifica members the opportunity to then hold directors & delegates accountable for their views/silence, for their action/inaction. All this has been made worse by the ugly tone that has descended upon the PNB, under the chairmanship of Alex Steinberg.
The differences between the street process & the PNB process can be pursued further.
The political problem facing the protesters, albeit unacknowledged, is the politics of the institutionalisation of enthusiasm, that is, how to meliorate oppression (glossed as achieving justice) through new or reformed institutional arrangements. So what institutional demands will the protest coalesce around? Or will it just peter out, like Occupy, without even an organisational legacy, just a fond memory?
So it’s the unknown that’s being lived in the street, & this makes the behaviour of the Pacifica directors even more inexcusable: they know what has to be done; they simply refuse to take responsibility, they simply refuse to carry out their duty. Instead, the last two months of proceedings have been largely devoted to tertiary & quaternary matters.
the Pacifica directors know what has to be done
they simply refuse to take responsibility
they simply refuse to carry out their duty
The reality is in plain sight: Pacifica is contracted to pay the Foundation for the Jewish Community, FJC, the $3.265m principal by 31Mar2021. What payment options have the directors contractually committed Pacifica to?
a swap or sale of one or more radio station licenses or a sale of other Pacifica owned assets of sufficient value to repay this Loan (as defined below), or such other sources that will become available
Just over two months ago, on 31Mar, when many were basking in the glow of the referenda results, I drew attention to the enduring problem, the elephant, the fact that Pacifica not only didn’t have a plan for what to do but hadn’t even identified the practical options it has. As I said,
So what’s it going to be: signal swap? buildings sales? extend the loan? find new lender? maybe the Jesse James approach, improving on the Symbionese Liberation Army?
With not an ounce of expectation, I asked the question whether at the Th2Apr PNB meeting a director would take the initiative & do the obvious.
No doubt counter-intuitive, but what Pacifica needs at this moment is a Karen: a director, of any pronoun, who demands to speak to the manager. Tonite, will anyone move a motion to instruct ED Brazon to identify the practical options Pacifica has for paying $3.265m to FJC by 31Mar2021?
Not to be thought reductive, but no Karen equals no Pacifica: Karen = Pacifica.
~💗~ code 666, Karen at the counter ~💗~
How many are in the streets?
It seems to be roughly ½% of those older than 14. ½%. Not even the fabled 1%.
Politically it’s always crucial to have a sense of scale, not to be fooled when seeing lots of people around you: it’s easy in the enthusiasm of the moment to be deluded, & misled in your judgment.
Do a ballpark exercise. The crowds are say 15k, & there are only 50 states, plus DC, & the other colonies. OK, even double the crowd: 30k x 50 = 1.5m.
US population is ~330m, & those aged 0-14 are 18.46%, which leaves ~268.9m. And ½% is ~1.345m.
How may the fallout of the protests affect electoral politics? Trump lost the 2016 popular vote by ~2.9m (65 853 514 − 62 984 828 = 2 868 686). This time he could lose it by 5m – and still win the electoral college. Remember, a US voter casts their ballot not for a presidential candidate but for a party’s state list of candidate Electors.
Meanwhile, the most excited of all by far, the most expectant, is Viro the Virus, the billions & billions & billions of SARS-CoV-2 virions.
https://www.cia.gov/library/publications/the-world-factbook/geos/us.html(0-14: 18.46%; this source is used because the latest age structure at the Census Bureau website is 2015;note, the CIA uses a different total population figure; re the age stratum, it’s ♀ 30 034 371 + ♂ 31 374 555 = 61 408 926; incidently, the total is ~20m for each of the 5-year age groups from 0-4 thru to 60-64)
P.S. On the certificate, the word ‘abstain’ doesn’t have the ordinary meaning (77% of listener-members abstained in this referendum, & 48% of staff) but means invalid ballots (highly ambiguous paper-ballot, ballot full of vitriol, maybe the opportunity for a manifesto, plain blank, or any of the myriad of inventive ways a Pacif-I-can (nod to C Cuomo) can spoil a ballot).
[When this post was made, I added the below three points. Rather than add to this post, the remarks will appear as separate posts.
(1) A few remarks will soon appear below; note that paper-voting, mainly East Coast, was way down.
(2) The remarks will also cover the need for the PNB to address two strategic matters:
(a) the $3.265m principal of the FJC loan, payable 1Apr2021; &
(b) the coming collapse in revenue, as the economic depression underway slashes listeners’ discretionary spend; the only obvious, yet highly regrettable, mitigation is that bequests will increase thru to, at least, Dec2021.
(3) A separate post will be made when the NES publishes her report, with station data, later this week (inshallah).]
Referenda voting ended Thursday, 19Mar, on the proposed new Pacifica constitution. A ‘no’ vote was rejecting the anti-democratic, authoritarian move by the breakers, longstanding campaigners to break up the Pacifica network.
expected listener-member turnout
predicted listener-member voting
the staff-member referendum
Expected listener-member turnout
The above table is an expectation of listener-member voting in the referendum, generated by the application of two assumptions upon published & reliable leaked data.
if the culture of high paper-voting on the East Coast persists, the NES’ data imply an unusually high total turnout from those stations, delivering big ‘no’ votes, 43% at WPFW & 51% at WBAI;
this compares with KPFA achieving 37%;
expected total turnout, 31%;
actual turnout by online-voters alone is twice that of each of last year’s two rounds of total LSB voting (so including their paper-voting); &
total turnout is expected to be x3 that of those 2019 LSB rounds.
the proportion of each station’s paper-voting (‘e:p’ in the table, the ratio) is the same as given in the last publicly available LSB data, per the nominal 2018 final report (the Jan-Mar2019 voting for all stations bar WPFW; that station in the 2016 LSB election; please see pp. 17 & 19); in all likelihood it’s less, with increased internet usage, but applying a factor of 10% or 20% (a deflator) would be unnecessarily speculative; &
final online-voting (‘e-voting’ in the table) is split between the stations in the same ratio as at F6Mar; so this assumes the KPFA online surge at 6Mar not only didn’t exhaust itself but was maintained, so keeping its 40% share of online-voting.
Predicted listener-member voting
Station . . . . No . . . . .Yes . . Yes %
KPFA . . . . . 2000 . . .2571 . . . 56
KPFK . . . . . 1400 . . . .748 . . . 35
KPFT . . . . . . .582 . . . .400 . . .41
WPFW . . . .2400 . . . . 162 . . . .6
WBAI . . . . .2800 . . . . 111 . . . .4
Total . . . . . 9182 . . . 3992
Two assumptions are made above, & in the 11Mar post a guess was made of the breakers’ core support, 1 200 – 1 500 KPFA & KPFT listener-members. Given this, the above rough prediction is made: a ‘no’ vote of 70% wins, rejecting the breakers.
Remember, the breakers need to win both referenda to effect their proposed change.
The electorate was 955. Paper-voting is likely to be immaterial; for example, it was only 4 out of 466 in the Jan-Mar2019 LSB voting. In the referendum, the NES says 51.4% voted, so 491. (Turnouts in last year’s LSB voting: 47.6% in Jan-Mar, 36.7% in Aug-Oct.) If all 491 are valid ballots, that means 246 wins – this is 32 more than the KPFA electorate. The station turnouts at F6Mar: KPFA 36%, KPFK 17%, KPFT 27%, WPFW 35%, WBAI 44%. Being so high, it makes no sense trying to estimate expected station final turnouts.
Could the breakers have garnered 246 staff? Unlikely.
POSTSCRIPT on the virus (SARS-CoV-2) causing the disease (COVID-19)
Article by Mike Davis, from last Saturday, 14Mar; hopefully he’s interviewed by KPFK, if not KPFA.
Public health officials, worldwide, knew a global health emergency was coming. The World Health Organization (WHO) even explicitly warned of highly infectious disease yet to come into existence, which it designated as Disease X: “[t]he needs for research preparedness for a new disease were also deemed to fit into the ‘urgent’ category” (report on 8-9Dec2015 workshop, page 2). WHO also made a very short vid on this, Mar2018. And it was even discussed 10 months before the COVID-19 outbreak, at the winter playground of the Masters of the Universe, Davos – discussed when the media were focusing on Greta.
Healthcare professionals also did their part preparing the public. In 2018, for example,Peter Piot, head of the London School of Hygiene & Tropical Medicine, gave a Royal Institution lecture, ‘Are we ready for the next pandemic?‘.
the four tables sent by NES Penaloza to the PNB, Th5Mar (the first in the sequence) & F6Mar2020; elector & online-voting totals for Pacifica & stations, split for listeners & staff in the last two tables
The listener elector rolls for the referendum are drastically different from those used just nine weeks ago in the 2019 LSB pseudo-elections. There’s been a shocking, sudden change. A strange change. A Pacifica purge has been perpetrated, particularly at WBAI. And the Lord has delivered unto KPFT a heavenly host of new believers. Besides the practical implications for these existential referenda, there’s a lot here that needs explaining.
Highlights, the changes in only nine weeks:
listener-membership has fallen 3 581 (−7.84%, 1-in-13), from 45 690 to 42 109
KPFA listeners −13.6%, so 1-in-7 (14 334 → 12 385, so −1 949)
KPFT listeners +21.2% (3 569 → 4 327, so +758)
WBAI listeners −30.1% (8 240 → 5 761, so −2 479)
WPFW listeners −4.2% (6 293 → 6 029, so −264)
staff membership has fallen −1.5% (970 → 955, so −15)
Five topics are addressed:
the listener referendum online-voting data – including necessary revisions to last Wednesday’s blogpost
adding in estimated paper-voting
the staff referendum
predicted referenda turnout
final, regrettable point: the coronavirus societal crisis, Pacificans (not least re the age structure & existing ill-health conditions), & the $3.265m loan from the Foundation for the Jewish Community (FJC); this crisis of capitalist society will necessarily cause both the largest & the swiftest contraction in the world economy in human history.
[I’ll finish writing this, & its replacement will be posted on the blog a day late, so apologies, on Referendum Day, Th19Mar.
[Just noticed that the NES, after seven l-o-n-g days of silence, has just given a turnout update (online voting only, take note). The W11Mar one gave listeners 13.8% (~5 811) & staff 34.7% (~331). The one denoted an ambiguous 1.42am (EDT?), W18Mar, gives listeners 19.0% (~8 001) & staff 42.2% (~403). So, added votes of 2 190 listeners (+37.7%) & 72 staff (+21.8%). The listener surge is a whole week of 313 a day, compared with 232 a day for the difference between 9 & 11Mar, the previous updates.
. . . not Michael Wolgemut, Tanz der Gerippe [Skeletons], woodcut, c. 1493 . . .
Latest election news: unless Pacificans act swiftly, Pacifica may die.
Why? KPFA listener-members are massively out in force, seemingly close to half of all those who have voted. Th5Mar marked halfway thru the referenda voting, &, compared with that stage in the LSB voting this time last year, KPFA is overachieving by a full 70%. This contrasts with WBAI underachieving by 29%. (All workings given below.)
Also, after less than a mere 17 days of voting, KPFA-listener online voters alone, so not including paper voters, had already surpassed by 4% the total KPFA-listener vote in the 62 days of the last LSB voting, Aug-Oct2019; KPFT’s figure is even better, +16%. And WBAI? Way down, by over an eighth, a full −13%; with WPFW −1%, & KPFK −27%.
The activists of the breaker faction are spreading their tentacles amongst the winners here, the Bay Area & Houston. Their operation is in overdrive.
Without a dramatic increase in voting by 10.59pm CDT a week Thursday, 19Mar, in just eight days’ time, the well-oiled, well-funded, well-motivated breakers will seize Pacifica. Well, maybe.
That KPFA listeners are voting in highly disproportionate numbers was given in info provided by the National Elections Supervisor (NES) to the PNB, Th5Mar. And as the peculiar home of a station chauvinism, a politics of separatism rather than Pacifica solidarity, they’re not doing this to help Pacifica. It’s reasonable – and prudent – to infer that this dangerous anomaly is the result of the breakers successfully mining the huge numbers of KPFA listener-members who usually don’t vote. Just in the last year, they constituted 86.7% in the nominal 2018 LSB pseudo-election, voting 18Jan-5Mar2019, & 85.6% in the 2019 one, voting 15Aug-15Oct2019. That’s 13 513 & 12 275, respectively, so >12 000 KPFA listeners. And as one can reasonably expect ~8 000 to vote in the listener referendum, it taking 4 000 to win, this is an obvious road to victory. (There are separate referenda for listeners & staff – please see note #1.)
Spin a yarn about Make KPFA Great Again, KPFA for KPFA’ians, stop the subsidising of other stations, get rid of the Pacifica dysfunctionality, the perpetual factionalising, the bad publicity, all this by bringing in professionalism, objectivity, getting the grants back, investing in the future . . . just like the good olde days, when KPFA was great. Motherhood & apple pie. Wave that magic wand, & the bad stuff will all go away. Unicorns. Rainbows. Pink ponies. If free snake oil is offered to the tired & weary, will they gulp it down? Giving credit where credit’s due, even deceiving is a skilled accomplishment.
So what’s the evidence of this rallying in the Bay Area? NES Renee Penaloza, resident of the Bay Area & many times the Local Elections Supervisor for KPFA since 2009 (note #2), gave an appallingly bad ‘report’ Thursday night, even by her standard, & I’m not even referring to her keeping the directors waiting nine minutes once she was on the call (31:59), the lame excuse she gave (40:52), also later not being able to find relevant tabs to open, the chaotic concatenation & continual cascade of Biden moments, &, last but not least, her laughter throughout, as if performing une danse macabre, ein Totentanz – obviously all of which passes for professionalism, & courtesy, in her neck of the woods. And all achieved in less than 4½ minutes (42:52 – 47:13). https://kpftx.org/archives/pnb/pnb200305/pnb200305a.mp3
Nevertheless, she did say turnout (when?) is 11.7% for listeners & 30.1% for staff (46:46). (Monday, with a 2pm (EDT?) 9Mar timestamp, she updated this on her website to 12.7% listeners, 32.3% staff.) And, responding to a query from James Sagurton (WBAI listener-delegate), she eventually said the station-split for listeners who had voted online was KPFA 40%, KPFK 20%, KPFT 10%, WPFW 13%, & WBAI 17% (49:29 – 54:52). She gave no staff info, other than the turnout percentage. She gave no info on the online/paper voting split, on which more anon. She didn’t give the size of the electorates, those for the listeners & the staff. She didn’t coherently give station split for listeners, just a garbled spiel as if encountering her words for the first time, so bad she made Biden look good (note #3). And she didn’t give the record date for the referenda (used in establishing who’s a voter). In others words, she said very, very little. Which is how the NES, ever shy of the PNB, likes to operate – and it’s indicative of how lax the directors are that she’s allowed to persist. But as Cde Mujica no doubt thought, alone at the bottom of the well that was his prison, we are where we are.
So what can we do with the NES’ figures? A fair bit, surprisingly. We can derive other approximate numbers, compare the listener referendum with the last two sets of LSB pseudo-elections, & estimate what the breakers have to do to win. This will allow us to put in perspective what’s at stake in the next eight days, with voting closing, as stated, at 8.59pmPDT, Th19Mar.
But first, two important caveats:
the subject matter of voting is radically different, one, run-of-the-mill LSB elections, the other, existential for the network; &
radically different time scales; not just the voting period (31 days compared with 47 & 62 for the last two rounds of LSB pseudo-elections, so half of the last one), but the preparation for the event being so asymmetric, it coming out of the blue, sprung on the whole membership, it being the initiative of the breakers, of their planning (that is, scheming, conspiring, plotting), implemented as a sequence of creating – and sustaining – an atmosphere of impending doom, moving against WBAI within committees, then switching tack by launching the by-laws petition, before within weeks engineering the WBAI coup, back to the West Coast to litigate in California against Pacifica, & now systematically bombarding voters with their fairytales. Wolfowitz & Rumsfeld would be proud of this attempt at full-spectrum domination.
Concerning the listener quantitative data, two obvious comparisons can be made:
➀ how extraordinary is KPFA-listener referendum voting, relative to other stations, compared with typical LSB election voting, again expressed relatively? (This, being not just relative voting but relative voting over time (the relative voting at t2 compared with that at t1), is what’s important in trying to understand the significance of the voting happening now. This is the comparative we need for relative current voting, not the one offered up by the NES at the PNB, namely, station share of listener current membership. No. What’s at stake today is voting, not membership; action, not passivity. The comparison pushed by the NES is besides the point, a secondary phenomenon, a dangerous irrelevance: >85% of listener-members don’t vote!); &
➁ how unusually high is the number of listener referendum votes cast compared with the typical LSB election?
➀ We have to use the pretty graph found in the NES’ final report for the nominal 2018 LSB pseudo-elections (note #4). That’s because, even after four months, she’s failed to produce the 2019 one. (This fact obviously surprises Ms Penaloza herself, given what she said on her own website, 1Nov2019, ‘certifying’ the 2019 results: “[p]lease note the round by round results, raw votes and final [?] voter turnout #s will be posted together with the final report by November 15th, 2019” (added emphases). Rather than squirrelling it away as a footnote, it’s important to say that scare-quotes are needed in denoting her 1Nov2019 statement because she admits she’s unable to distinguish valid ballots from invalid ones: hence both her inability to give “final voter turnout #s”, & her need to entitle that column “Oct 16 Preliminary Numbers (Not Final)” (added emphases). By her choice of phrases she acknowledges that her statement isn’t a certification but a pseudo-certification. Oh. So have all the new LSB delegates legitimately taken their seats? Are some of them there illegitimately?https://elections.pacifica.org/wordpress/2019-election-results/)
Note that because the graph doesn’t give a split between paper & online voting, & that on Thursday the NES gave no info on the paper ballots cast (except to say she doesn’t even know how many there are), one has to use referendum online voting as a proxy for total votes. This is particularly unfortunate because listener-member paper voting is much higher in PacificaWorld than in RealWorld, of the order of 20%, with WBAI over twice that – note #5.
The graph shows cumulative voting, as a percentage of that pseudo-election’s electorate, for each of the nine pseudo-elections (there wasn’t a WPFW-Listener one because there were only five verified candidates for the nine seats); voting started 18Jan2019 but the NES only depicted that from 30Jan; the staff elections are on top, the dotted lines:
So, which LSB voting date from a year ago should be used in comparing the referendum info given on Thursday? Assuming this info referred to the day of the PNB meeting, it was less than 24 hours after the halfway point of the voting period (W4Mar is day 16 of the 31, 18Feb-19Mar). So choose this. And the day halfway thru the voting a year ago is 10Feb2019 (day 24 of the 47, 18Jan-5Mar).
And at 10Feb2019, what was the station split for listeners? Inspecting the graph, station cumulative listener voting was KPFT 6.0%, WBAI 6.0%, KPFA 5.8%, KPFK 3.7%; that totals as 21.5 percentage points (pcp); & expressed as percentages, KPFT 27.9% (6 / 21.5), WBAI 27.9%, KPFA 27.0%, KPFK 17.2%.
Thursday’s figures (but ignoring WPFW because there’s no comparative) are, in pcp, KPFA 40, KPFK 20, KPFT 10, WBAI 17; that totals as 87; & as percentages, KPFA 46% (40 / 87), KPFK 23%, KPFT 11%, WBAI 20%.
Was this striking distribution expected? If referendum voting had behaved as the LSB voting 12 months before, one would have expected the numbers given two paragraphs above, namely, KPFA 27%, KPFK 17%, KPFT 28%, WBAI 28%. But that’s not what happened: KPFA overachieved by 70% (46 / 27 = 1.704), KPFK overachieved by 35% (23 / 17 = 1.353), KPFT underachieved by 61% (11 / 28 = 0.393), & WBAI underachieved by 29% (20 / 28 = 0.714). (And I don’t even like baseball.)
This distribution alone required this blogpost.
➁ The first comparative exercise concerned station share. Now we compare the absolute numbers achieved by the stations: how unusually high is the referendum turnout compared with the typical LSB one?
As noted, the latest publicly available listener-member data are at an unspecified date, given in the 1Nov2019 LSB results pseudo-certification, a total of 45 690. Assuming it’s now 45 700, with the NES telling Thursday’s PNB that online listener-member turnout was 11.7%, & the voting station split being KPFA 40%, KPFK 20%, KPFT 10%, WPFW 13%, WBAI 17%, the listener ballots cast come in as a total of ~5 347, the split being KPFA 2 139, KPFK 1 069, KPFT 535, WPFW 695, WBAI 909.
The 1Nov2019 corresponding figures: a total of 5 729, with KPFA 2 059, KPFK 1 457, KPFT 461, WPFW 703, WBAI 1 049.
So, comparing now with then: KPFA +3.9%, KPFK −26.6%, KPFT +16.1%, WPFW −1.1%, WBAI −13.3%, & the total is −6.7%. Bit different from the non-threatening comparison made by Renee, yes?
A surprise here is KPFT. How is it that it has underperformed 61% relative to other stations re the comparison with the Jan-Mar2019 LSB voting, yet is one of only two stations increasing its number of voters, by a very healthy 16%, compared with its own Aug-Oct2019 LSB voting? A different comparative, yes, but KPFT is overperforming in getting out the referendum vote (the KPFT breakers mining their own 87% of habitual abstainers, all 3 105 of them) whilst at the same time it’s dragged down in its comparison with the other stations because the extraordinary surge at KPFA, & the lesser one at KPFK, are snatching pcp from the other stations. That’s why.
Lastly, what do the breakers have to do to win? Where would their votes come from?
As mentioned, Monday the NES updated last Thursday’s listener turnout, up 1.0 pcp to 12.7% (another ~457 votes, >100 a day, so making ~5 804). And inspecting the graph, even when recognising the lower participation rate depicted, there may be in the last 10 days of voting a maximum of 4.5 – 5.5 pcp of listener voters still to come (2 200, say). That would make the turnout 17.2% – 18.2%. Applied to an electorate of 45 700, that’s 7 860 – 8 317 voters; making the winning vote 3 931 – 4 159, so ~4 000.
Can the breakers achieve this? Just considering their base, the last two rounds of LSB voting were KPFA ~2 000 & KPFT ~500. If the breakers can count on 1 200 – 1 500 faithful, is it beyond the bounds of plausibility that the breakers can mine 2 500 – 2 800 abstainers, which is 16% – 18% (1-in-6, say) of the ~15 500 abstainers at those two stations? 1-in-6 is a tall order, don’t you think, more than a bridge too far? But the 10-year-old Barron thought the same.
Crucially, to seize Pacifica, the breakers also have to win the staff referendum. And how many may that be?
The latest publicly available figure (per the 1Nov2019 pseudo-certification) gave 970 staff: KPFA 237, KPFK 285, KPFT 139, WPFW 110, WBAI 199. Staff turnout in the Jan-Mar2019 LSB votings was 47.6% (466 / 978 – note #6), the station range 43% (WPFW) – 53% (KPFA); & in Aug-Oct2019 voting, a turnout of 36.7% (356 / 970), station range of 30% (KPFT) – 44% (KPFA). The latest referendum turnout info is 32.3% (NES, Monday); so, looking at the pretty graph again, if it reached 50%, & there are 970 staff, then 243 staff votes win – a mere six votes more than those available at KPFA during the last LSB voting.
Given this, with Pacifica jobs always on the line, wasn’t it super-convenient that last nite’s PNB Finance Cttee was full of doom? It was the correlate of the Dem party bosses orchestrating the spectre of ‘Firebrand’ Bernie frightening Amerika, crouching down, about to spark the prairie fire. Besides Chief Financial Officer Anita Sims being there, Chair Chris Cory (KPFA, of course, a listener-delegate) usurped the work of the PNB Audit Cttee by wheeling in the auditor, Jorge Diaz.
Jorge Diaz. It had been thought the auditors had fled PacificaWorld, it now being seven long months, at the M19Aug2019 Audit Cttee, since they were last mentioned in public. This was indeed the last time the Cttee met, inexplicably so because Jorge had told them that the FY2018 audit’s, effectively, almost wrapped up: “he [George Walter, NETA senior controller] informed me he should be getting the vast majority of what is still outstanding to us by the end of this week [… and] by at least the end of this month we’ll certainly probably be in a really good position in terms of – and really know where we stand in terms of how getting the deliverables to y’all & getting done” (7:32; full transcription at note #7). So it seems, surprise, surprise, ED Venal Vernile, then ED Lawrence Reyes, then ED Lydia Brazon, didn’t prioritise paying them, even if it took a special pan-Pacifica 24hr fundraiser. Last nite, Jorge says now they’re only owed ~$6 550, so that’s not a prob – which is why he was happy to attend an evening meeting after a hard day in the office (8:25).
Finally, it’s worth remembering that the difficult task of the breakers winning the staff referendum would have been made easier if the WBAI coup had succeeded: it would have not just wiped out one of the five staff constituencies but the one most opposed to breaking up the Pacifica network.
And, yes, voting closes 11.59pm EDT a week Thursday, 19Mar.
This is just the beginning of the current phase. If the breakers don’t win this time, they’ll be back. And they’ll continue pursuing their war of attrition on all sorts of other fronts, as they have already shown. Like a hydra, slice off a head, another grows. They’re not going away any time soon. Welcome to the new normal.
Notes – some longish, but worth a read unless you really have to watch another Weekend at Biden’s vid
#1 Why are there separate member referenda for listeners & staff, rather than a single one? This hasn’t been explained publicly by Pacifica, & no elected representative has raised the absence of this basic courtesy. Nevertheless, the reason why there are two was explained by this blog six months ago, 17Sep2019. A by-law steps in because the proposed new constitution adversely affects, in different respects, both classes of Pacifica members: “such adoption, amendment or repeal also requires approval by the members of a class if such action would materially and adversely affect the rights of that class as to voting or transfer in a manner different than such action affects another class” (Article 17, Section 1(B)(iii), added emphases). The different respects: “[o]ne contest is for listener-members, as what’s proposed adversely affects them more than staff-members, facing the loss of the right to elect three directors per station rather than the staff’s one. The other separate contest is for staff, as they’re adversely affected by the loss of the right itself to become a director (proposed by-laws, Article V, Section 1; page 5).”
#2 Remember, NES Penaloza aligns with the breakers: witness her recommendations in the last final report she issued (undated, but published 18Mar2019 on the NES website), the one for the LSB pseudo-elections this time last year. She advocates (a) dissolution of the Local Station Boards, (b) less frequent elections, (c) a correlate, extending the director term by either x3 or x4, & (d) abolition of paper balloting. Sample quote: “Transform the Governance structure – Have 5 simultaneous elections every 3 or 4 years, electing representatives directly to the Paciﬁca National Board – Replace Local Station Boards with active Community Advisory Boards” (p. 20, emphases removed from title; p. 21 of the PDF).
#3 NES Penaloza’s unfortunate incoherence, splitting her mind whilst trying to produce speech on some split or another, suggested a disturbing Pacifica fact. She had given one split, without saying what it was, one adding up to 98 percentage points (pcp), with KPFK higher than KPFA (32 cf. 29), before promptly scrubbing it. Then she tried another, this time with KPFK at 30 & KPFA at 29, a split adding up to 97. If there’s some truth here, perhaps about relative station listener membership, it’s that compared with the last publicly available membership data (her 1Nov2019 LSB results pseudo-certification), WBAI’s share has dropped 4 pcp, being picked up by KPFA +1, KPFK +1, & KPFT +2, this whilst Pacifica is suffering a continuing downward trend in total listener membership. The other slither of truth may be that KPFA is actually 32%, plausible because it was 31.4% in the 1Nov2019 data – the NES simply repeating KPFA’s 29 from the scrubbed split. Anyway, applying the prudence principle beloved by the accountancy profession, one should recognise that Renee is disorientated, perhaps having caught bidenavirus, BIDVID-20, from ideologically enthusiastic Pacificans.)
Renee’s problems persist, because at the Th5Mar PNB she promised the directors, the members, & the listeners, that she’d post on her website the referendum voting report. Of course, now six days later, it isn’t there. Just like the promised final report for the 2019 LSB pseudo-elections & the certification of the final voting numbers. Waiting . . . waiting . . . waiting . . . https://pacificaradiowatch.home.blog/2019/07/19/the-godot-page-waiting-for-good-news/
#4 The two sets of LSB electoral activity in 2019 have to be designated as pseudo-elections, given the complete absence of publicly available evidence that the elector rolls are materially accurate. In Oct2018 the then NES, the outsider Graeme Drew, judged Pacifica’s record-keeping to be so poor he couldn’t validate even one candidate. He found the membership rolls used to generate the elector rolls to be so corrupted they were unusable. He decided “to terminate the 2018 election process” & told the PNB he would make a public announcement the next day. So, of course, he got fired that evening, at an emergency PNB meeting. Since then, only Pacifica insiders have been the NES, & they have failed to publish any contrary evidence, only bare assertions. This creates a reasonable & strong doubt about the legitimacy of the process.So the only rational conclusion, based on the balance of probabilities, is that the two 2019 electoral processes were pseudo-elections.
#5The latest publicly available data on the popularity for paper voting come from the LSB pseudo-elections this time last year (NES final report, p. 17; p. 18 of the PDF). For staff, it was smaller than negligible, 4 ballots across the five stations (466 voted). For listeners, 20% exactly (1 044 / 5 219; remember, no WPFW election). The stations: KPFA 17% (358 / 2 072), KPFK 13% (201 / 1 585), KPFT 11% (70 / 661), & WBAI 46% (415 / 901). Yes, 46% of WBAI listener voters used paper ballots, almost x3 the rate at KPFA.
And for WBAI listener-members it has even risen. Compared with the 2016 LSB election, almost 2½ years before, paper voting went up from ~381 (derived figure) to 415, increasing the paper voting share by a (rounded) 1 pcp – same report, pp. 17 & 19. So if this much truncated referendum process makes it harder to vote with paper rather than online, it’s perhaps unintended but still voter suppression . . . Exacerbating this is that tomorrow, Th12Mar, is the last day to request a paper ballot from the NES – and the convenient cut-off time is mid-afternoon on the East Coast, 3pm. Nice. After that, online voting only. So, for the last week of voting, Pacifica’s rush, quite a few listener-members will be faced with having to break the habit of a lifetime & vote online – or not vote at all.
Please note that the NES’ final report gives station online & paper voting as a percentage of the particular electorate, be it listener-members or staff, so not as a percentage of those who voted – sound familiar? This missed the opportunity of giving publicity to the fact that within PacificaWorld, effectively half of station voting can be by paper – see pp. 17 & 19.
Lastly, the NES did her best last Thursday to explain to the directors, & the listeners of the proceedings, why she has no info on the paper ballots cast (51:50). Why the custodians of these ballots can’t give the running total (each day) to the NES is unfathomable – and, yes, no director thought to ask her. https://kpftx.org/archives/pnb/pnb200305/pnb200305a.mp3
#7 Jorge Diaz (auditor, Rogers & Co, M19Aug2019): “We’re making good headway with the [FY2018] audit. Um, there are still a few things that we’re waiting on […] I spoke with [George Walter, NETA senior controller] today – we have a status call every Monday – and, urgh, he informed me he should be getting the vast majority of what is still outstanding to us by the end of this week [F23Aug2019]. At that time it will probably take us, you know, um, three to five business days [so by F30Aug] to urgh, urgh, analyse & look at what’s going on, &, um, provide any follow-up questions or items of that nature, so, you know […] I think, um, you know, argh, by at least the end of this month we’ll certainly, probably, be in a really good position in terms of – and really know where we stand in terms of how getting the deliverables to y’all & getting done” (7:59 – 8:58, https://kpftx.org/archives/pnb/audit/190819/audit190819a.mp3). So, Jorge presenting the draft auditor’s report to the PNB Audit Cttee & the PNB, within a month, yes, mid Sep? That’s Sep2019, not Sep2020.
In response to that post, Kim Kaufman noted, “Kathy Davis was on the PNB when Summer asked for a vote of the PNB to lay off/fire a majority of the WBAI staff in 2012 or 2013. Kathy voted for it, even though she knew she would lose her job. She voted for what’s best for Pacifica.” Ms Rosenberg replied, “Absolutely. No staff representative has ever been excluded from a vote regarding layoffs for expense-cutting in the history of Pacifica democratic governance. Until now” (my emphases).
My own comment was posted at that FB group, with this as the final sentence of the intro:
Tracy, why do you say “Board directors representing WBAI’s 8,000 voting members prevented from voting” (my emphasis)? Who, making what decision, has done this? When was this decision made? How can such a decision be made by other than a legally constituted meeting of the PNB, at which those alleged to have a conflict of interest are (1) able to hear the reasoning against them, before (2) being given time to get advice (legal & otherwise), & then (3) having the opportunity to present at a PNB meeting an evidenced counter-argument?
Let me note, because no-one mentioned it in this FB group, that since the Th10Oct PNB public & private sessions there have been two more private sessions: 8.30pm (all ET), F11Oct, “Purpose: discuss confidential personnel, legal, and contractual matters”, “Continuation of Oct. 10 Executive Session”, called by Bill Crosier, 11.07pm, Th10Oct; & 8.30pm, Sa12Oct, “Purpose: To discuss confidential personnel,legal,and contractual matters [original, rushed typing]”, called by Crosier, 11.24pm, F11Oct. These notices only appeared on the grid calendar, not on the linear list that is the homepage of Pacifica Calendar & Meeting Archive, https://kpftx.org/.
On its face, there are two themes in this by-law that make it inapplicable here:
it only applies when “financial or business interests” are involved; &
it only applies to “proposed contract or transaction”, so prospective action by Pacifica, not retrospective justifications of unauthorised actions by IEW Vernile, the Interim Executive Wrecker.
I’ll go thru the by-law in its sequence.
By-law 13(2) speaks of a conflict of interest as involving “financial or business interests”. Greene gives no evidence that this applies to directors Steinberg & Sagurton. Concerning staff director Rhodes, he has as much of a monetary interest as any of the other paid staff directors, as the claimed benefit of shuttering WBAI is to monetarily help the other stations.
By-law 13(3) starts by saying, “An Interested Person must disclose in writing all material facts related to an actual or potential Conflict of Interest to the Board and/or the members of a committee considering a proposed contract or transaction to which the Conflict of Interest relates” (my emphasis). Have the three accused submitted anything in writing?
But the whole of by-law 13 only refers to prospective action by Pacifica, “proposed contract or transaction”, not retrospective action, such as Vernile’s wrecking on Monday.
13(3) then speaks of “after the Interested Person responds to any questions that the Board may have regarding the Conflict of Interest, the Board shall discuss the matter, outside the Interested Party’s presence, and vote on the contract or transaction in question” (my emphases): so this occurs during a PNB meeting, not an exchange of emails – and anyway, the possible conflict of interest refers to prospective action, not retrospective.
Furthermore, 13(3) says, “In order to approve the contract or transaction, the Board must in good faith after reasonable investigation make the following determinations [blah, blah]” (my emphases): no evidence has ever been presented that shuttering WBAI was merely one option amongst a number of considered, thought through, &, furthermore, costed options; indeed, there is no evidence that the PNB has ever directed the IEW & ICFO to document such options, & no evidence that the PNB has ever discussed such options.
13(4) starts this way: “If the Board or committee believes that an Interested Person has failed to disclose an actual or potential Conflict of Interest, it shall inform the Interested Person of the basis for such belief and afford the Interested Person an opportunity to explain the alleged failure to disclose” (my emphases). Greene’s letter to PNB Vice-Chair Sabrina Jacobs, KPFA-staff delegate, is dated F11Oct. So how long was this opportunity, the one given to the three accused? Five hours? Five minutes?
The next & final paragraph, indeed, the last of this by-law: “If, after hearing the response of the Interested Person and making any further investigation, the Board reasonably believes is warranted in the circumstances, the Board determines that the Interested Person has in fact failed to disclose an actual or potential Conflict of Interest, it shall take that action it, in its sole discretion, believes to be appropriate in light of the circumstances.” Again, all this done in five minutes?