Committee to Remove the Pacifica Board

LISTENERS' LAWSUIT (Full Text Archive)

FILED IN ALAMEDA COUNTY SUPERIOR COURT;
SERVED ON THE PACIFICA FOUNDATION AND
ON NATIONAL BOARD DIRECTORS !

____________________________________


Late Thursday afternoon, September 14, 2000, California Attorney General, Bill Lockyear
granted special status to a group of Pacifica listeners attempting to sue the Pacifica Foundation
on behalf of the People of the State of California.  This very unusual measure allowed the
Listeners' Lawsuit to be filed the next day - September 15th -- just in time for the PNB meetings
this past weekend, September 16th & 17th.

Armed with summons and complaints for each of the named board members, the meeting was
interrupted shortly after being called into session and those present and named in the suit were
personally served.   To see a faxed copy of the letter from the Attorney General's office and the
cover page of the lawsuit complaint, go to the center of all the action - The Committee to Remove
the Pacifica Board: http://home.pon.net/wildrose/remove.htm.

This lawsuit seeks to remove the current National Board who have so abused those who have
built the network over the past half century - each of us. In addition, the suit asks for damages to        
be paid back to the network which obviously FAR exceeds the $500,000 squandered on armed
guards during the lockout of KPFA last summer.  (Several million dollars that would have been
raised during the 50th anniversery of the Foundation was also lost.) 

There are ten causes of action:

1. Breech of a Charitable Trust
2. Gross abuse of authority and discretion
3. Usurpation of office - Refusing to vacate office after expiration of term
4. Usurpation of office - Unlawful election of directors in excess of the number specified in the 
    Articles of Incorporation and in violation of the bylaws and policies and procedures of
    Pacifica Foundation.
5. Usurpation of office - Refusal to vacate office (after lawful removal by local advisory boards)
6. Accounting
7. Declaratory relief compelling adoption of bylaws in conformity with law and implementation
    of a fair, reasonable, and consistent mechanism for defining and democratically selecting voting
    members.
8. Declaratory relief compelling adoption of bylaws in conformity with law and implementation
    of a fair, reasonable, and consistent mechanism for setting forth the number of directors of the
    corporation, or that the number of directors shall be not less than a stated minimum nor more
    than a stated maximum
9. Declaratory relief compelling adoption of bylaws in conformity with law and implementation
    of a fiar, reasonable, and consistent mechanism for defining and democratically nominating and
    electing directors.
10. Unfair competion ("any unlawful unfair or fraudulent business act or practice...")


Click here for a full copy of the lawsuit
  
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