[alliance] Re: [Wpfw-lsb] RE: [OurWPFW] Fwd: Re: Strong Pacifica presence in DC?

[Larry Romsted]

Luzette:

Read your note to Billy below on Willard Jenkin's thoughts.  I do not have a
clear understanding of what the Radford/Wendy exchange is about, but I am
concerned about your second paragraph characterizing the WBAI conflict.

Please see my note after your paragraph.

Larry Romsted, WBAI Listener-member

(P.S.   Sorry for the repeat email to you.  Forgot to send it to the other
lists before)

On 8/10/04 3:14 PM, "Luzette King" <luzette_king at justice.com> wrote:

> Billy,
> 
> Thank you for spreading Willard Jenkin's thought and as
> am sure are aware the battle is even here at WPFW.   I
> thought the opening question to this debate rather
> interesting thought and time.
> 
> Imagine opening this debate at a time when at the heart
> of the conflict at WBAI is basically that of whose
> program and whose culture will be promugated most.  Is
> it, therefore, unreasonable to think there is a "clean
> house" project in gear?  Why else would the issue of
> whether Pacifica is strong enough on the agenda in DC?
> This is especially so since there was talk to
> grandfather us because we were not following the
> mission of Pacifica?

I think some people around WBAI believe the conflict is about "whose program
and whose culture will be promulgated the most."  I do not think that is the
underlying struggle taking place.  I think there is also an attempt by some
people within the station to prevent the elected WBAI LSB from doing its
work on the grounds that the LSB is trying to change the station.

 WBAI could be characterized currently as a "majority minority" station in
terms of programming and in terms of staffing, especially compared to the
demographics of this country.  From my personal perspective this is good and
it should stay that way, except women are not half of the staff and
producers as they should be (based on a survey I read by Susan Lee who works
at the station).  Needs work.

What needs to be understood by all, listeners and station staff and
producers, is that the new bylaws do not permit the LSB to fire the station
manager or the program director directly, although they could initiate a
process to first the station manager, but not the program director (see
below).  An LSB is suppose to evaluate a Program Director, but they cannot
fire him/her.  Nor can they dictate programming, which is a station
responsibility, hopefully with strong input from the Program Council.  The
powers of the LSB are to recommend.

The LSB is responsible for evaluating the work of Station Manager and
Program Director and they can make recommendations based on the quality of
the work.  I have reproduced some relevant sections of the Pacifica Bylaws
on the responsibilities of the LSBs below.

In brief, the WBAI LSB is suppose to govern not micromanage.

Have a look at Section 3. SPECIFIC POWERS & DUTIES (of the LSB) and in
particular Sections:  A-G.

These sections clearly define the governing responsibilities and limits of
the LSBs at WBAI and the other stations.  Note in Section G that the LSB is
suppose to work with the Station Manager to promote the activities of the
station. Note that sections J and L state that the LSBs are to reach out to
unrepresented communities and to work toward the goal of diversity at the
station.

I have not met or heard one LSB member say that they do not support these
goals or that they do not want to carry them out.  However, unlike past
station boards before the new bylaws made the LSB members elected
representatives of the listener-members, the current LSB have real
responsibilities.  I personally believe that some members of the station
staff oppose the LSB carrying out its responsibilities, which they were
elected to do.  If the LSB does evaluations and reviews the station budgets,
this will change past and current practices at the station.  The decision
making processes will be more transparent.

There in lies the real rub, what I think the  struggle is really about.  We
have been overwhelmed in WBAI land with stupid caustic, harsh, prejudice
statements by people about others from all sides, for a number of years.  It
is tiresome.  But I think it is important to go beneath the excess verbiage
and look at what the real disagreements are about.

 
> 
> I echo Willard Jenkins views and it would be good if we
> could have sight of the original license application
> and the conditions for which Pacifica license for 89.3
> FM was granted.  I hope that these findings would
> provide for better more informaed discussions about
> WPFW.
> 
> Luzette
> 
> 
> PACIFICA BYLAWS
> 
> ARTICLE SEVEN
> LOCAL STATION BOARDS
> 
> SECTION 1. LOCAL STATION BOARDS
> 
> There shall be a standing committee of the Board of
> Directors for each Foundation radio station which shall be
> known as the Local Station Board ("LSB"). The powers,
> duties and responsibilities of the LSBs shall be those set
> forth in these Bylaws and such other powers, duties and
> responsibilities as the Board of Directors may from time to
> time delegate to them.
> 
> SECTION 2. COMPOSITION OF THE LOCAL STATION BOARDS
> 
> Each LSB shall consist of the 24 Delegates elected by the
> Members for that radio station - 18 Listener-Sponsor
> Delegates and 6 Staff Delegates. (Four of the Delegates for
> each radio station shall also concurrently serve as
> Directors of the Foundation, as set provided in Section 3
> of Article 5 of the Bylaws.)
> 
> In addition, an "associate station," if any, as that term
> is defined in Section 8 of this Article, may appoint one
> representative to the LSB of the radio station with which
> it is associated. Associate station representatives shall
> be voting members of the LSB; provided, however, that no
> associate station representative shall have the right to
> vote for the election or removal of any Foundation Director
> or Delegate nor may s/he be eligible for election by the
> Delegates to the office of Director. No LSB shall have more
> than a total of three (3) associate station representatives
> (and no more than one (1) from any one associate station)
> at any given time. The term of office of an associate
> station representative shall be three years, with a maximum
> of two consecutive three-year terms of service on an LSB.
> 
> The station's General Manager shall serve as a non-voting
> member of the station's LSB.
> 
> SECTION 3. SPECIFIC POWERS & DUTIES
> 
> Each LSB, 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:
> 
> A. To review and approve that station's budget and make
> quarterly reports to the Foundation's Board of Directors
> regarding the station's budget, actual income and
> expenditures.
> 
> B. To screen and select a pool of candidates for the
> position of General Manager of its respective radio
> station, from which pool of approved candidates the
> Executive Director shall hire the station's General
> Manager.. The LSB may appoint a special sub-committee for
> this purpose.
> 
> C. To prepare an annual written evaluation of the station's
> General Manager.
> 
> D. Both the Executive Director and/or an LSB may initiate
> the process to fire a station General Manager. However, to
> effectuate it, both the Executive Director and the LSB must
> agree to fire said General Manager. If the Executive
> Director and the LSB cannot agree, the decision to
> terminate or retain said General Manager shall be made by
> the Board of Directors.
> 
> E. To screen and select a pool of candidates for the
> position of station Program Director, from which pool of
> approved candidates the station's General Manager shall
> hire the station's Program Director. The LSB may appoint a
> special sub-committee for this purpose.
> 
> F. To prepare an annual written evaluation of the station's
> Program Director.
> 
> G. To work with station management to ensure that station
> programming fulfills the purposes of the Foundation and is
> responsive to the diverse needs of the listeners
> (demographic) and communities (geographic) served by the
> station, and that station policies and procedures for
> making programming decisions and for program evaluation are
> working in a fair, collaborative and respectful manner to
> provide quality programming.
> 
> H. To conduct "Town Hall" style meetings at least twice a
> year, devoted to hearing listeners views, needs and
> concerns.
> 
> I. To assist in station fundraising activities.
> 
> J. To actively reach out to underrepresented communities to
> help the station serve a diversity of all races, creeds,
> colors and nations, classes, genders and sexual
> orientations, and ages and to help build collaborative
> relations with organizations working for similar purposes.
> 
> K. To perform community needs assessments, or see to it
> that separate "Community Advisory Committees" are formed to
> do so.
> 
> L. To ensure that the station works diligently towards the
> goal of diversity in staffing at all levels and maintenance
> of a discrimination-free atmosphere in the workplace.
> 
> 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.
> 
> SECTION 4. OTHER LOCAL STATION BOARD POWERS AND AUTHORITY
> 
> By resolution, the Foundation's Board of Directors may
> delegate any other corporate powers it deems appropriate to
> an LSB with regard to that specific radio station. Any such
> power delegated to an LSB is subject to revocation at any
> time by the Board of Directors. Any and all actions,
> resolutions and policies taken or adopted by an LSB may be
> overridden by a majority vote of the Directors if said
> action, resolution or policy is found by the Board of
> Directors to be adverse to the mission and/or charitable or
> business purposes of the Foundation, to exceed the power or
> authority granted to said LSB or to be inconsistent with
> these Bylaws, the Articles or applicable laws and
> regulations.
> 
> SECTION 5. ELECTION OF OFFICERS
> 
> 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.
> Each of these officers shall serve at the pleasure of the
> LSB and shall have those powers and shall perform those
> duties as may be prescribed by its LSB. With the exception
> of the Chair and the Vice Chair, an officer of an LSB is
> not required to be a Delegate. Local Station Board officers
> may not serve concurrently as Foundation Directors, and
> must resign their position as an LSB officer if elected to
> the Board of Directors.
> 
> SECTION 6. MEETINGS
> 
> A. FREQUENCY
> 
> Each LSB shall meet as often as required to accomplish it
> duties, but not less than every other month.
> 
> B. TIME AND PLACE
> 
> The LSB shall establish, by majority vote, the time and
> place of each meeting, provided, however that no meeting
> shall occur sooner than ten (10) days from the date of the
> vote scheduling said meeting without the unanimous
> agreement of all the LSB officers that a shorter period is
> required to address urgent matters and, in the event of
> less than 10-days notice, notice shall be given by
> telephone message to all LSB members at least 24 hours
> before the meeting. There shall be a meeting of the LSB in
> December each year to seat newly elected Delegates and to
> elect LSB officers, and in early January to elect
> Director(s). Meetings shall be held within the local radio
> station area in facilities of sufficient size to
> accommodate Members affiliated with that radio station and
> the public, preferably in the station.
> 
> C. MEMBERS & PUBLIC PARTICIPATION
> 
> LSB meetings shall be open to the public and to all
> Members, with the exception of those meetings dedicated to,
> or predominantly regarding, personnel, proprietary
> information, litigation and other matters requiring
> confidential advice of counsel, involving commercial or
> financial information obtained on a privileged or
> confidential basis or relating to a purchase of property or
> the use or engagement of services whenever the premature
> exposure of said purchase or sale, in the LSB's sole
> opinion, may compromise the legitimate business interest of
> said radio station or the Foundation. In the event that all
> or a portion of a meeting is closed, the LSB shall indicate
> in its notice of said meeting that the meeting or a part of
> it shall be closed. In addition, within a reasonable period
> after the closed meeting, the LSB's Secretary shall post on
> the station's website a general statement of the basis on
> which all or part of said meeting was closed. Each meeting
> shall include a public comment period of not less than
> thirty (30) minutes. No person shall be required, as a
> condition for attendance at any public meeting or to
> publicly comment, to register his/her name or to provide
> any other information.
> 
> D. NOTICE
> 
> The public and all Members shall be notified of each LSB
> meeting. Four on-air announcements, made during prime time
> on the radio station on four different days, beginning,
> whenever feasible, at least 7 days prior to the date of
> each meeting, shall be considered adequate notice. In the
> event of LSB meetings convened on short notice for urgent
> business, all reasonable efforts shall be made to broadcast
> notice of the meeting at least three times during prime
> time for two days prior to the meeting. Whenever feasible,
> notice shall also be posted on the station's website at
> least 7 days prior to the date of each meeting.
> 
> E. RECORDKEEPING AND RULEMAKING
> 
> Meetings and actions of the LSB shall be governed by the
> provisions of these Bylaws. A book of Minutes of all
> meetings and actions of the LSB shall be kept and shall be
> filed with the records of the LSB, which book shall include
> the time and place of each meeting, the notice given, how
> authorized, any waivers or consents, the names of those
> present, and a summary of the proceedings. Minutes of
> closed meetings shall be maintained, but sealed as
> confidential. A copy of all Minutes and actions of the LSB
> shall also be forwarded to the Foundation's Secretary for
> maintenance pursuant to Section 1(A) of Article 12 of these
> Bylaws. Each LSB may adopt additional rules for the
> governance of its LSB so long as the rules are not
> inconsistent with these Bylaws.
> 
> SECTION 7. QUORUM AND APPROVALSECTION 7. QUORUM AND
> APPROVAL
> 
> A quorum at any meeting of an LSB shall be a majority of
> the then currently serving LSB members, not including the
> Station Manager. Associate station representatives shall
> not be counted for purposes of establishing a quorum for
> matters on which they are not entitled to vote. If after a
> quorum has been established at a meeting of the LSB some of
> the LSB members leave the meeting and there is no longer a
> quorum present, those LSB members remaining may continue to
> take action so long as a resolution receives at least that
> number of affirmative votes as would constitute a majority
> of a quorum. (E.g., if the quorum is 13 LSB members, and a
> majority of a quorum is 7, then so long as 7 LSB members
> remain present and vote in the affirmative the resolution
> shall be adopted.) Except as otherwise expressly provided
> in these Bylaws, the approval of a majority of the LSB
> members present and voting shall be required for any action
> of said LSB. In the event that the vote on any motion
> results in a tie, the motion shall not pass.
> 
> SECTION 8. ASSOCIATE STATIONS
> 
> A. A Foundation radio station may choose to associate with
> any geographically contiguous community radio station for
> the purpose of re-broadcasting no less than seventy-five
> percent (75%) of that Foundation radio station's
> programming. The terms of said association shall be
> memorialized in a written agreement between the Foundation
> radio station and the community radio station, which
> agreement must first be approved by the Board of Directors
> to be effective. Such a community radio station must
> produce some local programming, operate under a mission
> statement compatible with that of the Foundation and have a
> democratically elected station board. Such a community
> radio station will be referred to as an "associate
> station", which station is different from an "affiliate
> station" as referenced in Section 4(A) of Article 6 of
> these Bylaws. An associate station may be permitted to
> appoint one (1) representative to the LSB of the Foundation
> radio station with which it is affiliated for a term of
> three years commencing in December of the year of
> appointment, provided, however, that no LSB shall have
> representatives from more than 3 associate stations on its
> LSB.
> 
> B. Associate station representatives sitting on LSBs are
> subject to removal by either their own station boards
> according to their own respective terms of accountability
> and appropriateness or by the majority vote of all the LSB
> (excluding the vote of the associate station representative
> in question). The LSB must notify the associate station
> board at least 30 days prior to any vote to remove its
> representative about any difficulties or concerns regarding
> its associate station representative in order to provide
> said associate radio station the opportunity to consult
> with its representative about the LSB's concerns and/or to
> designate a replacement representative.
> 
> SECTION 9. PROXIES NOT PERMITTED
> 
> All actions taken by LSB members shall be taken personally.
> The powers of Delegates and associate station
> representatives may not be exercised by alternates, by
> proxy or the like.
> 
> SECTION 10. LOCAL STATION BOARD ADVISORY COMMITTEES
> 
> A. An LSB may, by resolution, designate one or more
> advisory committees, to serve at the pleasure, direction,
> and supervision of the LSB. Any such advisory committee
> shall include, at least, two (2) LSB members. Members
> affiliated with that radio station shall be eligible for
> appointment to a committee. Station Advisory Committee
> members shall not be considered agents of the Foundation or
> the radio station and shall not have the authority to bind
> the Foundation or the radio station with which it is
> affiliated.
> 
> B. Meetings and actions of local station advisory
> committees shall be governed by the provisions of Section 6
> of this Article of these Bylaws with such changes as are
> necessary in said provisions to substitute the committee(s)
> and its members for the LSB and its members, except that
> the time of regular meetings of committees may be
> determined by resolution of the LSB as well as a vote of
> the committee and that the committees shall not be required
> to meet in December or January unless they otherwise agree,
> or the LSB resolves that it should do so, and provided that
> notice of committee meetings shall be deemed adequate if
> announced at LSB meetings and, when feasible, posted on the
> station's web page. Special meetings of committees may also
> be called by resolution of the LSB or the committee. The
> LSB may adopt additional rules for government of any
> committee that are not inconsistent with the provisions of
> these Bylaws.
> 
> C. The general duty of advisory committees shall be to
> advise the LSB on the issues for which the committee was
> created. Advisory committees shall have only those duties
> and powers set forth by resolution of the LSB, which powers
> shall not include the power to: (1) approve any action
> which, under the California Nonprofit Public Benefit
> Corporation Law or these Bylaws, requires the approval of
> the Members, Directors, the LSB, or the Delegates; (2) fill
> vacancies on the Board, LSB or on any committee; (3) amend
> or repeal these Bylaws or adopt new bylaws; (4) amend or
> repeal any resolution of the Board or the LSB; (5) create
> any other committees of the Board or LSB; (6) approve or
> execute any contract or transaction; or (7) incur any
> indebtedness, or borrow money, on behalf of the Foundation
> or any LSB.
 
> 
>