June 23, 1999
Lawsuit Readied to
Reverse Takeover
By Pacifica Foundation Directors
Legal counsel for community members from Local
Advisory Boards of FM radio stations KPFK (Los Angeles), KPFA
(Berkeley) and WBAI (New York), has informed the Pacifica Foundation,
which owns the non-commercial stations, that they will take legal
action unless Pacifica's Board of Directors reverses recently
enacted changes in Foundation by-laws that give the Pacifica
Governing Board exclusive right to nominate and elect its entire
membership.
Attorney Dan Siegel, of the Oakland firm Siegel
and Yee, in a letter dated June 14, informed Pacifica Chair Mary
F. Berry and Pacifica Governing Board members of the complaint
on behalf of sixteen members from Local Advisory Boards (LABs)
at Pacifica's three largest stations. The letter charges that
the by-laws changes approved by the Governing Board in September
1997 and February 1999 violate provisions of the California Corporations
Code. Further, Siegel wrote, "Pacifica, when faced with
the question of changing its method of choosing its leadership,
opted for the least democratic option imaginable. It is time
to revisit this issue, and it should be unnecessary to require
a court order to do so." Prior to the contested changes,
LABs elected a majority of the Pacifica Governing Board. Station
staff representatives on LABs have also seen their voting rights
removed, along with their ability to serve on the Governing Board.
This is the latest development in a nearly
5-year long conflict over the issue of governance, democracy
and community control at Pacifica, the largest non-commercial
radio broadcaster in the United States. The Pacifica Foundation
is a network of listener-supported radio stations founded 50
years ago to provide a venue for the open discussion of ideas
that would lead to peace and social justice.
Prior to the most recent vote to change Pacifica
By-Laws, prominent progressive authors Noam Chomsky, Howard Zinn,
and Edward Herman, wrote Pacifica urging it to respect the democratic
principles it broadcasts and noted, "As long-time admirers
and supporters of Pacifica, we are troubled by apparent tendencies
toward increased centralization of power and decision-making
that bring Pacifica closer to the private corporate model."
Nonetheless, the Governing Board approved the changes unanimously.
Pacifica's Governing Board meets this coming
weekend in Washington DC. The agenda includes consideration
of new board members according to the provisions of the amended
by-laws. Siegel indicates that the sixteen LAB members he represents
are prepared to file suit if Pacifica fails to establish contact
to enter into negotiations by Friday.
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