Phone number’s disclosed, so Chair Beth von Gunten agrees new one for M27Dec PNB Development Task Force. But why keep the public out? And why no minutes for over 1½yrs? More worryingly, why do the inner circle invitees collude in the anti-Pacifican behaviour? Why don’t they elect a new Chair? Don’t they care?

[UPDATE … question 28 of 31 did wonder, “And will the joining details for the December meeting be changed yet again, to keep the public out?” And sure enough, Queen Liz III couldn’t help herself: “Access via MaestroConference (Never a charge to the calling party) phone (323) 393-4046 access code 504 258 # (Same as last Month.) Access information will remain the same for future meetings until further notice. (Please disregard any other access information from any other source. Beth)” – sent out 40mins before the meeting, “Monday, December 27, 2021, 05:50:09 PM MST”. So that’s a promise, yes?

[Her unthinking authoritarian disposition was also on display again – not horizontal/collegiate but top-down, not an intercourse of equals but others as objects – enclosing what she described as “Agenda”, rather than ‘suggested agenda’. This email was forwarded to PacificaWatch by members of the inner circle & their confidants.

[What do they say about leopard & spots? And what is this problem she has with Joe & Joanna Public? Given that she’s shown yet again that she’s really more at home in the cosy world of appointed boards, secreted away from scrutiny, she should reconsider her position within an ostensibly democratic culture such as Pacifica, & do the decent thing, yes? She really is like a fish out of water here.]

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. . . the new number & access code for the M27Dec meet, plus the inner circle of courtiers . . . remember the PacificaWatch mantra, its masthead: “helping to make the Pacifica radio network more transparent, making it easier to hold decision-makers to account” . . .

At the Su19Dec KPFK Local Station Board, in public comment (43:34), there was disclosure of the secret number to be used for the M27Dec PNB Development Task Force meeting: join the call by dialling (323) 393-4046, access code 504 258 # – https://pacificaradiowatch.home.blog/2021/12/19/why-is-director-von-gunten-et-al-jeopardising-any-pacifica-application-for-cpb-money-qm-why-is-this-tolerated-qm-public-comment-at-the-su19dec2021-kpfk-lsb/.

The next day the anti-Pacifican forces went to work, sending a new number to the inner circle, those personally invited by Chair Beth von Gunten. The new info going to the anointed ones:

2030 EST, M27Dec PNB Development Task Force: please join the call with 408-520-2444, access code 618 715#.

As per M20Dec2021 email to the email list of the PNB Development Task Force

The inner circle:

Fred Blair, Chris Cory, Heather Gray, Bruce Greif, Rosalie Hoffman, Eric Jacobson, Steve Kaiser, Kim Kaufman, Michael Novick, King Reilly, Lawrence Reyes, Ziri Rideaux, Cerene Roberts, Jeanine Rohn, James Sagurton, Anita Sims, Nancy Sorden, Tom Voorhees.

The current email list of the PNB Development Task Force

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The Corporation for Public Broadcasting has told Pacifica that if it wants any of its money then it has to “demonstrate full compliance with the [Radio Community Service Grants] General Provisions at the time of application”. So why is Chair von Gunten choosing to violate the CPB open meetings requirement, thereby ensuring disqualification?

https://mega.nz/file/cY8XCYLb#4IGXyzfasCgfm-GdaYYm6WPn2XaD4UcMJR8ZPTo-Q8c

Oddly, why has she changed her behaviour, having invited the public to the M27Sep Task Force meeting but then deliberately excluded them from the Oct, Nov, & Dec meetings?

https://kpftx.org/pacalendar/cal_show1.php?eventdate=20210927

Task Force Chair von Gunten has the added responsibility, as a director of Pacifica Foundation, Inc., of being a trustee of its assets, a so-called fiduciary. Her behaviour concerning the possibility of CPB funding endangers the viability of those assets. Doesn’t this warrant her disqualification as a director?

Doesn’t this certainly disqualify her candidature as a 2022 director?

Also, why is she choosing to violate the Pacifica by-law open meetings requirement, an institutionalised attempt to inculcate & maintain a culture of transparency & to prohibit opacity, this being the substantive content of by-laws Article 6, Section 7 & Art. 7, Sec. 6?

https://pacifica.org/indexed_bylaws/art6sec7.html, & https://pacifica.org/indexed_bylaws/art7sec6.html

She says taskforce meetings don’t have to be open to the public – which poses the question, why has she never explained why she prefers meetings to be secret?

Why does someone with a demonstrated secretive & exclusionary disposition not just want to be a Pacifica member but to be a Pacifica decision-maker, even one at the highest level?

More so than merely taking the opportunity to practice secrecy & exclusion, why is she so insistent on keeping Pacifica proceedings secret?

And why have something as basic as minutes not been posted on a Pacifica website – not even one set for a deliberative body that has been meeting since 24June2020?

What does she want to conceal? What information does she want to deny to Pacifica members, listeners, & staff? Why doesn’t she want them to be informed, to be educated, about what is happening in Pacifica? Why does she want to be the info gatekeeper?

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Most worryingly, why do the invitees to these secret meetings, the inner circle, choose to collude in this anti-Pacifican behaviour?

Is it simply because they’re afraid they’ll lose the privilege of being emailed the joining details?

Are they afraid of upsetting Queen Liz III, losing their privileges, being banished from the realm, reduced to relying on the goss?

Don’t they realise they’ve allowed themselves to become dependants, the clients of a patron who’s in a position to disburse privileges?

Don’t they realise they’re helping to reproduce a corrosive political structure of bonding with some rather than others, encouraging loyalty to the leader, creating an in-group/out-group dynamic, setting Pacifican against Pacifican?

Don’t they realise this ferments a toxic atmosphere?

Don’t they realise that a bystander who remains silent is objectively colluding with the perpetrators of a wrong?

Don’t they realise that by their acts of commission & omission they themselves are perpetrating harm?

Why don’t they take advantage of the public comment portion of a local station board meeting to express any opposition they have to this practice?

Why won’t they bring a motion to their board, be it their local station board or the Pacifica National Board, to stop this harmful & destructive behaviour?

Why won’t people in a position to act try to stop this public charity being a private club?

So why don’t the invitees vote in a new Chair, someone who isn’t afraid of being both transparent & legal, someone even eager to post a notice allowing the public to witness proceedings, so peeps can find out what’s going on in their name?

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How has Pacifica become reduced to this – and so quickly by a neophyte, the epitome of the voguish PMC, someone who proudly told the listeners of KPFK, in a ‘meet the LSB’ session in the summer with GM Moe Thomas, that “I was recruited onto the LSB by Grace Aaron”? . . . cult-like . . . creepy . . . bestowing heirs . . . a dynasty, a caste . . . a world of privilege . . . the sense of entitlement . . . – all so alien to Pacifica, yes?

And will the joining details for the December meeting be changed yet again, to keep the public out?

Why is Pacifica descending in this way?

How low can it go?

Why are people who do know better, colluding in this destructive, degenerative behaviour?

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Why is director von Gunten et al. jeopardising any Pacifica application for CPB money? And why is this tolerated? Public comment at the Su19Dec2021 KPFK LSB

Below are the two sets of public comment made at this local station board continuation meeting. The spoken ‘quote/unquote’ have been removed, & occasional emphases & other italicisation added. At the end of each comment are the links evidencing what’s said.

The audio recording was posted within the hour – salutations! – at https://kpftx.org/archives/pnb/kpfk/211219/kpfk211219a.mp3 (1:09:53).

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Public comment #1

One point.

PacificaWatch has been contacted by members worried about the PNB Development Task Force not noticing its meetings with either a stream or joining details. This violates the CPB open meetings requirement. Calling a Pacifica deliberative body a taskforce or working group doesn’t evade this rule. That’s why the CPB June 2021 Compliance Booklet passage on meetings of boards, committees, & the CAB’s adds the phrase, “but are not limited to”. This addition corresponds to the Communications Act of 1934 saying, “or any advisory body of any such organization”.

In fact this taskforce had an open meeting, at Zoom, on September 27th. This notice was indeed placed by director Beth von Gunten – but her October, November, & December notices exclude the public. However, one can join the call by dialling (323) 393-4046, access code 504 258 #.

On May 22nd, 2020, CPB told ED Lydia Brazon & PNB Chair Alex Steinberg that to get CPB money Pacifica has to “demonstrate full compliance at the time of application”.

Does choosing to violate this CPB rule, in the face of repeated public warnings, violate two legal duties of a director: (1) acting in the best interests of Pacifica, & (2) acting prudently? (California Corporations Code, paragraph 5231(a).)

Does this chosen behavior disqualify director von Gunten from her office? Does this disqualify her from running as a 2022 director? Isn’t such behavior alien to Pacifica?

Thank you for reading this out.

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References:

•1• The open meeting requirement was fully discussed, & evidenced, in a Jan2021 post, immediately beneath the soothing video at https://pacificaradiowatch.home.blog/auditor-s-reports/auditors-reports-summary-notes-2/auditors-reports-summary-notes/.

•2• CPB 1June2021 Compliance Booklet (page 3; page 4 of the PDF), https://www.cpb.org/sites/default/files/stations/certification/csg-compliance-booklet-2021.pdf. Communications Act of 1934 (§ 396(k)(4), p. 216), embedded at https://pacificaradiowatch.home.blog/pacifica-sources/pacifica-documentary-sources/.

•3• Director von Gunten’s noticing of the M27Sep PNB Development Task Force meeting with Zoom details (oddly, this happens to be former PNB Chair Nancy Sorden’s private Zoom room; meeting noticed 20Sep, & updated 27Sep), https://kpftx.org/pacalendar/cal_show1.php?eventdate=20210927; the chosen noticings of the Oct, Nov, & Dec meets, which prevent the public from attending: https://kpftx.org/pacalendar/cal_show1.php?eventdate=20211025, https://kpftx.org/pacalendar/cal_show1.php?eventdate=20211122, & https://kpftx.org/pacalendar/cal_show1.php?eventdate=20211227.

•4• 22May2020 CPB letter from Kathy Merritt (Senior Vice President, Journalism & Radio) & Katherine Arno (Vice President, Community Service Grants & Station Initiatives) to ED Brazon & PNB Chair Steinberg (unpaginated; p. 1), https://mega.nz/file/cY8XCYLb#4IGXyzfasCgfm-GdaYYm6WPn2XaD4UcMJR8ZPTo-Q8c.

•5• California Corporations Code, § 5231(a), https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CORP&division=2.&title=1.&part=2.&chapter=2.&article=3.

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PUBLIC COMMENT #2

Five points.

#1, it is obvious that Pacifica will explode late January & into February. But, for the record, what was the date of the PNB closed session when the directors agreed to instruct ED Brazon to hire Rogers & Co. as the FY2021 auditor?

#2, the FCC broadcasting license for both KPFA & KPFK expired December 1st. The FCC webpages show that KPFA’s has been extended 8 years, but that for KPFK has no extension. What can KPFK do?

#3, a new Central Services expense policy was adopted by the PNB on February 18th, with immediate effect. I have estimated that this has saved KPFK about $80,000 thru September 30th. But this policy hasn’t been implemented. Why? And why has no director or any other delegate mentioned this publicly?

#4, the COVID-19 Economic Injury Disaster Loan program, EIDL, accepted an application for a maximum top-up of $1.5m from September 8th. And the Small Business Administration website says, “the last day that applications may be approved is December 31st, 2021” – that is, if funds haven’t been exhausted. So why is ED Brazon still flapping about, 3½ months later? Simply unbelievable.

#5, Ms von Gunten is sorely mistaken in deeming my public comment “a personal attack”. Please re-read what I said: it’s a statement of facts & a set of questions.

Thank you for reading this out.

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References:

Re #2: the FCC webpages for KPFA & KPFK: https://publicfiles.fcc.gov/fm-profile/kpfa, & https://publicfiles.fcc.gov/fm-profile/kpfk. The KPFA extension: “Renewal of License Authorization[:] This is to notify you that your Application for Renewal of License 0000155175, was granted on 11/22/2021 for a term expiring on 12/01/2029” – https://enterpriseefiling.fcc.gov/dataentry/api/download/lm/authorization/25076f917ada225d017ae8cca96c1071.

Re #3: (a) the 18Feb2021 PNB Central Services expense policy, adopted without objection, as per the minutes (item 4, #7, no pagination, being p. 3 of the PDF), https://kpftx.org/archives/pnb/pnb210218/pnb210218_7017_minutes.pdf; & (b) the workings for the estimated ~$80k saving for KPFK are in the ‘•7• Discussion: Expenses’ section at https://pacificaradiowatch.home.blog/2021/11/19/today-kpfk-is-losing-money-at-a-rate-of-3500-dollars-a-day-105k-a-month-1-point-26m-a-year-as-per-the-docs-publicly-why-does-no-one-recognise-the-scale-the-urgency-qm/.

Re #4: details of the COVID-19 EIDL, about the exhaustion of funds & the 31Dec2021 deadline, are in the ‘•7• Discussion: Revenue’ section at https://pacificaradiowatch.home.blog/2021/11/19/today-kpfk-is-losing-money-at-a-rate-of-3500-dollars-a-day-105k-a-month-1-point-26m-a-year-as-per-the-docs-publicly-why-does-no-one-recognise-the-scale-the-urgency-qm/. This also evidences the SBA requirements: collateral; cashflow analysis; etc.. The seriousness of the public remarks warrants the actual quotes from the SBA: “[t]he program ends December 31, 2021 or when funds are exhausted, whichever occurs sooner” (p. 2 (see also p. 1), emphases added), https://www.sba.gov/sites/default/files/2021-09/COVID-EIDL-FAQs-090821-508.pdf; they follow this up by saying, “[t]he last day that applications may be approved is December 31, 2021” (p. 13, all original emphases: an indication of their intended strictness in this matter). This contrasts with the behaviour of ED Brazon at the Tu9Nov PNB Finance Cttee, where she was still flapping about: “we will be submitting on paper 2 million realizing that 350 – well, that 500,000, urgh, is, um – it-it would be reduced by, and, um, and see how much of that is, um, you know, we end up getting. So, we’re in the process of-of doing that […] we will be, argh, subsequently applying for, um, more of the loan […] and we wanna do this before the [calendar] year-end, so we are, argh, anxious to move ahead with that” (36:18, emphases added) – https://kpftx.org/archives/pnb/finance/211109/finance211109a.mp3. Just doesn’t cut it, does it?

Re #5, not a reference, but the blinding obvious: this is a matter of accountability – nothing to do with personalities. It’s called being scrutinised – for what one does & doesn’t do. Instead of assuming the role of the victim, the martyr, being precious, the rational response to public comment #1 would have been to reflect, & recognise the reality. It was an everyday exercise in encouraging the making accountable of an officeholder – and a signalling of the serious consequences of what is happening & being tolerated. Those acts of commission & omission objectively do the work of the breakers, even if the intent is otherwise. They cannot be allowed to pass in silence.

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