Please stop and read this page very carefully.
This is the twelfth and final monthly issue of the Folio. From the time the Folio group first came together, our two stated goals have been 1) The complete removal of the arrogant and lawless current Pacifica National Board, and 2) the replacement of that board with lawfully elected representatives of Pacifica's five diverse communities. Those of us who call KPFA home have succeeded in seating its first community-elected station board - a powerful step toward full democratization. Congratulations!
Our next task of removing the current outlaw National Board requires a fully powered (financially supported) court battle. Those who have challenged Pacifica's integrity have deep pockets. Our collective vision though, has proved what each of us has always known: When people join in openness and in love, the power manifested cannot be overcome by suppressive force. Please read all that you can about this lawsuit and please donate what you can. Thank you.
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COMMITTEE TO REMOVE THE PACIFICA BOARD
THE LISTENERS' LAWSUITThe People of the State of California, ex rel. Carol Spooner, John D. Biello, Carolyn M. Birden, Kurt Guerdrum, Arturo Griffifths, Amburn R. Hague, Leigh Hauter, Patricia Heffley, Barbara MacQuiddy, Rick Potthoff, Charles P.H. Scurich, Ronald Swart, individually and on behalf of Pacifica Foundation,
vs.
Pacifica Foundation, a California nonprofit public benefit corporation and charitable trust, Mary Frances Berry, June Makela, Frank Millspaugh, Andrea Cisco, Ken Ford, Rob Robinson, David Acosta, Micheal Palmer, Robert Farrell, Aaron Kriegel, Peter Bramson, Karolyn van Putten, Tomas Moran, Wendell Johns, Leslie Cagan, Valrie Chambers, Bertram Lee, Beth Lyons, John Murdock, Lynn Chadwick, and DOES 1-100
Filed Alameda County Superior Court, 9/15/00, Case No. 831252-3
Removed to Federal Court, Northern District of California (San Francisco), 10/16/00, Case No. C 00 3815 MJJ
PURPOSE OF ACTION
The purpose of this action is to restore Pacifica to conformity with its founding purposes, as set forth in its Articles of Incorporation, to remove directors for breach of charitable trust and gross abuse of authority and discretion, as well as directors who have been unlawfully seated under unlawful bylaws, and to bring a democratic governance structure to Pacifica in conformity with the requirements of law and appropriate to the nature, size and operations of the Pacifica Foundation. We seek to safeguard Pacifica from ever again being subverted from within by a small conspiratorial cabal, and to vest the listener-sponsors with voting rights and legal membership status in the Pacifica Foundation. We believe the listener-sponsors, who have cherished, built and supported Pacifica for more than 50 years, are best-suited to insuring the faithfulness of Pacifica to its founding purposes as Pacifica enters its second half-century and the new "digital broadcasting" age.
REMEDIES WE ARE SEEKING FROM THE COURT
Removal of All Directors on the Executive Committee During the KPFA Lockout -- for breach of trust and gross abuse of authority -- and to assess damages against them in the amount of the extraordinary expenses incurred in the lockout. Those directors are Mary Frances Berry, June Makela, Andrea Cisco, Frank Millspaugh, Ken Ford, Michael Palmer, David Acosta, Robert Farrell. We are also seeking damages against former Executive Director Lynn Chadwick for her role in the lockout. (Because of their wrongdoing, these directors would not be eligible for election as directors in the future - see below.)
Removal of All Directors Illegally Seated on the Board Since October 1999 -- The Pacifica Articles of Incorporation specify that there shall be 5 directors, only. The bylaws currently provide that the station boards (LABs) from the 5 stations have the right to elect the directors. There are currently 17 or 18 directors on the board, and through an illegal self-selection process the board has placed 8 directors on the board over the past year: Tomas Moran, Karolyn van Putten, Wendell Johns, John Murdock, Bertram Lee, Leslie Cagan, Beth Lyons, and Valrie Chambers. (These directors would be eligible for election as directors in the future - see below.)
Removal of Directors Illegally Seated for Other Reasons (there is some overlap here) -- David Acosta and Ken Ford are acting as directors after the expirations of their terms on 3/99 and 6/00, respectively. Frank Millspaugh, Andrea Cisco & Robert Farrell are acting as directors after having been voted off the board by the LABs that originally elected them.
Accounting -- We are asking for an accounting of all Pacifica funds from 1994 to current, as we believe there have been misappropriations of funds that should be recovered from those responsible.
Amendment of Bylaws & Election of New Directors -- We are asking for Court orders requiring those directors then still remaining in office, Pete Bramson, Rob Robinson and Rabbi Aaron Kriegel, plus two additional "interim directors", to carry out a year-long process of bylaws revisions to bring the bylaws into conformity with California nonprofit corporations law -- meeting with and forming committees in all five station areas including listeners, LABs & staff. The minimum requirements of these bylaws revisions would be that Pacifica station listener-sponsors be given legal "membership" status and voting rights in Pacifica -- the legal right to elect a majority of the LAB members for their station, and, perhaps, some or all of the directors, the right to remove directors and LAB members (by vote, rather than expensive lawsuits), the right to review Pacifica's books and records, the right to Pacifica's membership lists for proper communication with other members. Election of new directors would take place under the new bylaws within 1 year. (All of the Directors removed for Breach of Trust and Gross Abuse would be ineligible for election as directors.)
For more information contact:
COMMITTEE TO REMOVE THE PACIFICA BOARD
1136 Wild Rose Drive
Santa Rosa, CA 95401
Carol Spooner, Organizer
Tel. (707) 526-2867
Email: wildrose@pon.net
Webpage: http://home.pon.net/wildrose/remove.htm____________________
