Unofficial Notes
from Pacifica Interim Board Meeting
12/29/2001 (by telephone conference)

 
Some notes from the meeting of the Pacifica Interim Board, provided by Progressive Portal, http://www.progressiveportal.org

Comments may be sent to all the members of the Interim Pacifica National Board at:
http://www.progressiveportal.org/letters/pacifica/interim-board/

Notes from the meeting of Jan. 1-13, 2002 are here.
 

SUMMARY

Many of the votes were largely along "party lines" -- i.e., the former board majority plus Goodman (KPFT-Houston LAB) voted together, or abstained, and the former board minority plus the rest of the LAB (station Local Advisory Board) representatives voted together. Calculated this way, a straight "party line" vote would be 9 to 6, with the former minority plus four LABs having the majority. The settlement agreement requires all major decisions to have at least one vote from each of the three factions (former majority, former minority, and LAB), or a two-thirds majority.

A chair and treasurer were elected, and election of the secretary was being discussed with Carol Spooner nominated, when it was discovered that three members (Barry, Lee, Gregory) were not able to get onto the conference call. The elections of chair and treasurer were re-done after those three joined the call at approx. 12:30 p.m. EST. Election of secretary did not take place.
 

BOARD OFFICERS ELECTED

Elected Chair: Leslie Cagan (no other nominee) Elected Treasurer: Jabari Zakiya (vs. Wendell Johns).

Date and place of next meeting: Jan. 11-13, 2001 (vs. Jan. 25-27), in New York (vs. DC).
 

EXECUTIVE DIRECTOR SEARCH COMMITTEE ESTABLISHED

Elected a committee to conduct search for an Executive Director (seven members, at least two from each Board faction, at least one from each signal area)

* Fertig, Los Angeles, LAB * Lee, DC, former board majority * Spooner, Berkeley, LAB * Barry, DC, former board majority * Allen, Houston, former board minority * Cagan, New York, former board minority * LaForest, New York, LAB

Elected chair of the committee: Barry (no other nominations)

Rest of meeting: Lee attempted to table the rest of the agenda until the next meeting. Motion failed 9-6.
 

WBAI COMMITTEE, MORATORIUM ON BANNINGS/FIRINGS:
9-6 VOTE MEANS DECISION GOES TO THE JUDGE

Motion by Spooner to create a committee to deal with WBAI concerns, including the three NY members of the Pacifica interim board plus one other, as well as up to five members selected by the WBAI LAB; and that no one can be hired, fired, or suspended without express approval of the committee.

[Spooner mentioned that hundreds of people sent emails last night demanding some immediate action.]

Committee would investigate suspensions and firings and be able to begin "taking corrective action" as necessary on the matters facing the station, reporting back to the national board. After much discussion about appropriate authority for a committee, it was modified by Spooner to "recommend corrective action."

After extensive discussion about Robert's Rules, prompted by an ongoing tantrum from Lee, a vote was taken on the modified motion. Passed 9-6 but did not get a 2/3 or "balanced majority" (at least one vote from each faction) as required by the settlement agreement, so the judge will be asked to rule as to whether it is adopted. It will be submitted to the judge on Monday.
 

ATTEMPT TO ADJOURN MEETING FAILS

Before Democracy Now! discussion, gag rule lifting, and litigation attorneys issues, the former board majority moved to adjourn. Failed 9-6.
 

DEMOCRACY NOW! RETURNED TO THE AIRWAVES

Cagan read a memo from Amy Goodman. Wants to return to Pacifica airwaves from its current studios, with back pay (for 4 people: Amy Goodman, 2 producers, engineer) to August 13. Democracy Now! becomes a nonprofit entity producing the program for Pacifica and others. Willing to return to the airwaves with a board commitment to resolving independent contract and other outstanding grievances. Once contract is finalized, banned and fired are returned to WBAI, and process to resolve the strike of Pacifica news stringers [independent reporters] is established, will enthusiastically participate in fundraising. Stations could negotiate individually whether to carry 1 hour or 2 hours, as long as DN! continues to produce 2 hours.

Ferguson objected to DN!'dictating" terms and said replacement programming is more popular (has more ratings) than DN! Barry: They walked out; why should we pay back pay? Fertig: I practice employment law, the facts they claim could justify back pay.

[Zakiya emphasized 250+ emails he has received since yesterday demanding return of DN!]

Barry, Ferguson want to sever out the issue of back pay.

Motion to sever the back pay from the rest of the motion failed 5-9, with Johns not present and the other former "majority faction" (including Goodman from KPFT-LAB) voting yes (to sever out the back-pay). Had it passed, this would have meant the back pay was to be negotiated later.

DEMOCRACY NOW! resolution passed 10-5 with a "yes" vote from Dick Gregory, and "no" from the rest of the former "majority faction" (including Goodman); Johns not present.
 

GAG RULE, ON-AIR DISCUSSION OF PACIFICA ISSUES:
PASSES BY LESS THAN REQUIRED AMOUNT, GOES TO JUDGE

Fertig proposal: That gag rule on discussing Pacifica policy is ended, including for callers to call-in programs. If a programmer is sanctioned, including removal from the airwaves, the decision can be brought to a review committee of four national board members, and any sanction must be upheld by 3 out of 4 members of the review committee, when a person is judged to be seriously abusing the airwaves (e.g., personal insults, racist/sexist/abusive remarks, confidential personnel issues), with a public process for the decision. Stations mandated in conjunction with LAB to create three hours per week during prime drive-time of on-air programming to allow public to call in and discuss issues related to the lawsuit settlements. The settlement agreement is to be provided on the Web sites of the stations.

Passed 9-5, needed 10 or one vote from the former "majority," so will go to the judge for a decision ; Johns not present.
 

TERMINATING THE MAJORITY'S ATTORNEYS:
PASSES BY LESS THAN REQUIRED AMOUNT, GOES TO JUDGE

Spooner proposes: Terminating law firms hired to represent Pacifica by the former Board majority. Means each side would have to hire its own attorneys but the foundation is neutral.

Passed by 9-5, same issue as previous resolution.
 

LEE moved to adjourn again; it failed.
 

FERTIG: STATION MANAGERS REQUIRED TO ATTEND
THE NEXT NATIONAL BOARD MEETING IN NEW YORK,
PREPARED TO REPORT ON CONDITIONS OF THEIR STATIONS

Fertig proposed to require station managers to report on the state of their stations (financial, infrastructure, Arbitron ratings) and put a report in the Board packet.

Ferguson moved to adjourn. Motion failed, same vote as before.

Various members discussed specifics they would like the station managers to report to the national board, and noted that they may have only a limited amount of information ready to report within two weeks.

Motion passed with former majority faction members Barry, Goodman, and maybe Gregory (hard to hear) voting yes.

Meeting adjourned approximately 1:45 p.m. PT/4:45 p.m. ET.