Response
to SaveKPFA's claim that the suit for Breach of Loyalty was intended to ban dissent.
by Richard Phelps
December 17, 2012
It is long standing law across the nation that elected members of corporate governance CAN NOT compete with the corporation, in this case Pacifica. It is also part of the Pacifica Bylaws:
Article Seven, Local Station Boards, Section 3: Specific Powers and Duties
Each Local Station Board, acting as a standing committee of the Foundation's Board of Directors, shall have the following powers, duties and responsibilities related to its specific radio station, under the direction and supervision of the Foundation's Board of Directors:
(subsection) M. To exercise all of its powers and duties with care, "loyalty", diligence and sound business judgment consistent with the manner in which those terms are generally defined under applicable California law.
During a regular KPFA fund drive and after, SaveKPFA asked listeners to pledge to support SaveKPFA's desire to bring back the Morning Show. In their pitch posted on their web site they ended it by saying that "If Pacifica does the right thing" the pledges would be handed over. This was NOT unconditional fund raising for KPFA. This was competing with KPFA, putting SaveKPFA's goals first. That is fine for anybody except people that ran for election and were elected to seats in KPFA/Pacifica governance. And in typical sectarian manner SaveKPFA tries to cover their wrongful conduct by screaming we are "banning dissent".
By the way, during oral argument at the Court of Appeals, one of the Justices asked SaveKPFA's lawyer something to the affect of "Shouldn't your clients have resigned from governance if they wanted to do this campaign?"
For the record, Tracy Rosenberg had nothing to do with the lawsuit, and I think she supports it. The recall was just another tactic to win control as the quote below shows.
This is Brian Edwards-Tiekert's/SaveKPFA's philosophy, laid out by him in an email to his colleagues in collusion, working to control the station. Brian said in 2005:
" ...how do we make our enemies own the problems that are to come? Alternatively, should we be recalling LSB members/dismantling the LSB?"
Long before Tracy Rosenberg was on the Local Station Board, Brian Edwards-Tiekert was discussing with his allies, RECALLING LSB members as a tactic, with no mention of good cause.
And of course when they cause a problem, like red ink at KPFA, by refusing to bring staff payroll in line with income they try to blame it on others by screaming "banning dissent" and "union busting", etc.
When SaveKPFA talks about "local control" it is more local than you think. SaveKPFA wants to run the station with no listener involvement except for their chosen few. SaveKPFA wants listeners to send in your money and let the "professionals" decide what you want/need to hear.
When Larry Bensky and Mark Mericle et al. fought against the "hijackers" in 1999, they didn't do it to bring in a democratic governance with listener involvement, like many of us did, they did it since they believed that the station was theirs to run and not for Mary Frances Berry and her crew. Sort of like two feudal lords fighting over a piece of land with no regard for the people that live there.
RICHARD PHELPS
Attorney/Mediator
Member, California Academy of Distinguished Neutrals
405 14th Street, Suite 508
Oakland, CA 94612
(510) 268-9919, Fax (510) 268-0368
PhelpsMediation [ ] aol.com
PhelpsMediation.com
ALSO please see Civil Suit: The case of SaveKPFA's competing fund drive
by Richard Phelps
December 17, 2012
It is long standing law across the nation that elected members of corporate governance CAN NOT compete with the corporation, in this case Pacifica. It is also part of the Pacifica Bylaws:
Article Seven, Local Station Boards, Section 3: Specific Powers and Duties
Each Local Station Board, acting as a standing committee of the Foundation's Board of Directors, shall have the following powers, duties and responsibilities related to its specific radio station, under the direction and supervision of the Foundation's Board of Directors:
(subsection) M. To exercise all of its powers and duties with care, "loyalty", diligence and sound business judgment consistent with the manner in which those terms are generally defined under applicable California law.
During a regular KPFA fund drive and after, SaveKPFA asked listeners to pledge to support SaveKPFA's desire to bring back the Morning Show. In their pitch posted on their web site they ended it by saying that "If Pacifica does the right thing" the pledges would be handed over. This was NOT unconditional fund raising for KPFA. This was competing with KPFA, putting SaveKPFA's goals first. That is fine for anybody except people that ran for election and were elected to seats in KPFA/Pacifica governance. And in typical sectarian manner SaveKPFA tries to cover their wrongful conduct by screaming we are "banning dissent".
By the way, during oral argument at the Court of Appeals, one of the Justices asked SaveKPFA's lawyer something to the affect of "Shouldn't your clients have resigned from governance if they wanted to do this campaign?"
For the record, Tracy Rosenberg had nothing to do with the lawsuit, and I think she supports it. The recall was just another tactic to win control as the quote below shows.
This is Brian Edwards-Tiekert's/SaveKPFA's philosophy, laid out by him in an email to his colleagues in collusion, working to control the station. Brian said in 2005:
" ...how do we make our enemies own the problems that are to come? Alternatively, should we be recalling LSB members/dismantling the LSB?"
Long before Tracy Rosenberg was on the Local Station Board, Brian Edwards-Tiekert was discussing with his allies, RECALLING LSB members as a tactic, with no mention of good cause.
And of course when they cause a problem, like red ink at KPFA, by refusing to bring staff payroll in line with income they try to blame it on others by screaming "banning dissent" and "union busting", etc.
When SaveKPFA talks about "local control" it is more local than you think. SaveKPFA wants to run the station with no listener involvement except for their chosen few. SaveKPFA wants listeners to send in your money and let the "professionals" decide what you want/need to hear.
When Larry Bensky and Mark Mericle et al. fought against the "hijackers" in 1999, they didn't do it to bring in a democratic governance with listener involvement, like many of us did, they did it since they believed that the station was theirs to run and not for Mary Frances Berry and her crew. Sort of like two feudal lords fighting over a piece of land with no regard for the people that live there.
RICHARD PHELPS
Attorney/Mediator
Member, California Academy of Distinguished Neutrals
405 14th Street, Suite 508
Oakland, CA 94612
(510) 268-9919, Fax (510) 268-0368
PhelpsMediation [ ] aol.com
PhelpsMediation.com
ALSO please see Civil Suit: The case of SaveKPFA's competing fund drive
Labels: Concerned Listeners; (CL), kpfa forward, KPFA Worker, KPFAworker.org, Labels: 94.1 FM, Pacifica Foundation, Pacifica Radio Network, Save KPFA, UCR, united for community radio
