Category Archives: Right Sidebar

Dan Siegel’s Not-So-Great Decade at Pacifica

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compiled by Daniel Borgström

For several years Attorney Dan Siegel has been championing the rights of victims of police violence in Oakland, both before and during the Occupy movement. Nobody can deny that Siegel has done good work.  Nevertheless, his record at KPFA and other Pacifica stations including  WBAI has been consistently bad and seems difficult to write off as  “bad judgment.” Looking back at things Siegel did while General  Counsel and interim Executive Director for the Pacifica Foundation, I strongly suspect that Siegel deliberately intended to harm the foundation.

This spring he took time out from his campaign for Mayor of Oakland  where he is running as a progressive candidate to appear in court on April 28, 2014 and again on May 6th to argue for a TRO asking police to raid the Pacifica National Office and evict occupiers. This seems totally inconsistent with his progressive image.

This week, while awaiting the judge’s decision on the May 6th hearing, he reportedly assisted disputed CFO Raul Salvador in his efforts to interfere with Pacifica Foundation payroll from going out on schedule — a destructive action which looks to me like a deliberate attempt at sabotage against Pacifica.

Below are some of the not-so-great things that Dan Siegel has done during the last decade at the Pacifica network.

Daniel Borgström, daniel41@trip.net,  Daniel’s Blog

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ASKING POLICE TO EVICT OCCUPIERS FROM THE PACIFICA HQ

Margy Wilkinson of SaveKPFA (Margy is the disputed chair of the PNB) asked the police to evict occupiers from the Pacifica HQ in Berkeley.  That is part of a TRO which Attorney Dan Siegel of Siegel & Yee requested the court to issue on Monday, April 28, 2014.

Here is paragraph 9 of Margy’s TRO declaration, signed Margy Wilkinson
and dated April 22, 2014:

The Board has sought the assistance of the Berkeley Police  Department, which is charged with protecting the Foundation’s property. However, the Berkeley Police Department was unable to persuade Reese to vacate the National Office. The Foundation has previously applied for a citizen’s arrest to the Berkeley Police
Department which after weeks of considering the matter, requested that Cross-Complaint obtain a Court order to abate the nuisance. The Berkeley Police Department has stated that it would enforce a temporary restraining order if the Court were to issue one.

The case was continued to May 6th, 2014; Dan Siegel again argued the
same case. The court’s decision is not yet in.

*** *** ***

PREVENTING A KPFA GENERAL MANAGER HIRE

In 2008 the KPFA LSB found an ideal candidate for GM, who was supported so overwhelmingly by the LSB. The candidate was Michel Shehadeh, a Palestinian-American businessman, human and civil rights activist, former research associate at San Francisco State University

Siegel prevented Michel Shehadeh from being hired by demanding a pool of candidates, thus dragging out the process till Shehadeh eventually took a job somewhere else.

An article in the SF Bay View by Fadi Saba (Feb 6, 2008) gives details:

*** *** ***

SELLING WBAI

On Jul 13, 2012, Mitchel Cohen of WBAI wrote:

Here are his words, verbatim, from the July 7, 2012 KPFA Local Board meeting. Keep in mind, please, that this was the second recent meeting at which Siegel advocated the selling of WBAI.

I don’t know if it’s true or not anymore, but a few years ago at least it was possible there were actual people who would buy WBAI for enormous amounts of money, and that part of the deal in exchange is that WBAI would get a new spot on the dial, admittedly, a less attractive one in the eyes of the person who wanted to buy it. Now we’ve always been extremely resistant about even thinking about ideas like that but given 1) the urgency of the situation, and 2) the fact that BAI really has a tiny number of committed listeners making that change doesn’t seem as radical as it might be anymore.

*** *** ***

BREAKING UP THE PACIFICA NETWORK

Carol Spooner suggested that we sell WBAI and break up the Pacifica
network in her article “Time for an Amicable Divorce at Pacifica?”
(August 5, 2012)

Dan Siegel agrees with her proposal, below is his response, 8/26/2013:

Subject: Re: From Carol Spooner
Date: 8/26/2013 9:34:34 A.M. Pacific Daylight Time
From: danmsiegel@…

I agree with most of Carol’s ideas, with some modifications:

1. Each LSB (and the Archives?) should form a new nonprofit and seek 501(c)(3) status: KPFA, Inc., WPFW, Inc.
2. Each nonprofit should structure its bylaws to preserve the best aspects of the Pacifica structure, including listener members as prime decision-makers.
3. Pacifica transfers station licenses to the nonprofits. How decisions regarding the sale of any license or station and what happens to the proceeds needs further discussion.
4. Each station is responsible for its programming decisions and finances.
5. Pacifica remains as a network. Its roles, budget, and staff (if any) are based entirely on what the stations agree: examples might include programming initiatives and administrative needs such as insurance. Stations participate and pay for these initiatives as they choose.

Dan Siegel
Siegel & Yee
499 14th Street, Suite 300
Oakland, CA 94612Tel. (510) 839-1200
Fax. (510) 444-6698
DanMSiegel@…

*** *** ***

COMPETING FUND DRIVE, LOYALTY SUIT

Dan Siegel, Conn Hallinan, Margy Wilkinson and Mal Burnstein, elected members of Pacifica governance, all organized and supported a fund drive competing with KPFA’s Winter 2010/2011 fund drive.

Siegel & the other three breached a fiduciary duty of undivided loyalty owed to both KPFA and its owner, the Pacifica Foundation. On August 29, 2012 an Appellate Justice asked SaveKPFA’s attorney Alan Yee: “Shouldn’t your clients have resigned if they wanted to compete?” The judge said to Attorney Yee, “[When your clients] take action that adversely affects what the board is trying to do; they should get off
the board.”

See article by Richard Phelps here:

*** *** ***

“YOU ARE A CHICKENSHIT COWARD!”
Dan Siegel to Daniel Borgström regarding a lawsuit

After the January 13, 2011 LSB meeting, as I was gathering up my stuff to leave, Dan Siegel, who had just been elected as a KPFA representative to the Pacifica National Board, approached me and said, “You are a chickenshit coward!” and “a fucking bag of shit!” he added as an afterthought. He proceeded to speak in depth and at some length about how I was a “fucking'” this and a “fucking” that, making liberal use of vocabulary that’s excluded from the FCC’s lexicon. (Siegel was apparently upset because he’d just been served papers for the Competing Fund Drive, Loyalty Suit.)

*** *** ***

SIEGEL CHALLENGES PHELPS TO FIST FIGHT

Dan Siegel challenges Richard Phelps to fistfight at KPFA’s Local Station Board (LAB) meeting of March 7, 2010

Siegel: “You’re suing me!”

YouTube VIDEO of March 7, 2010 drama

*** *** ***

NADRA FOSTER

Siegel quoted by SF Chronicle (9/2/2008):

Dan Siegel, an attorney for Pacifica Radio, said management felt afraid when Foster refused to leave.  “Everyone is appalled at what occurred, but I’m not sure I would blame the person who called the police,” he said. “Our staff people have the right to work in a safe environment.”

*** *** ***

KPFT in HOUSTON — $1,000

A KPFT listener, currently a PNB member, recalls is first experience with Dan Siegel, some years ago. Siegel, who was at the time Corporate Counsel for Pacifica, happened to be passing through Houston, Texas, and he offered the KPFT LSB to give a talk on fiduciary responsibilities and legal duties of the LSB. The Texans
thought Siegel was giving the talk Pro Bono. They thought wrong.   A few weeks later KPFT received a bill for $1,000 from Attorney Siegel.

*** *** ***

LAWSUITS POORLY HANDLED

Lawsuits against KPFA/Pacifica were poorly handled, costing hundreds of thousands of the listeners’ dollars. Attorney Dan Siegel (then General Counsel for Pacifica) is considered a very smart lawyer, so why did he handle these legal matters so poorly?

Dan Siegel was Pacifica’s legal counsel for years and during his reign [he] cost Pacifica hundreds of thousands of dollars, if not millions, by practicing what appears to be a very self-serving and sloppy form of lawyering.

Shawn Casey O’Brien, KPFK Local Station Board Staff Representative and
member, Pacifica National Board

*** *** ***

PAIGE V. GEORGIA & PACIFICA

Date: Mon, 26 Nov 2012 16:50:35 -0500 [11/26/2012 03:50PM CST] From: PhelpsMediation@aol.com

The conflict in the Paige v Georgia and Pacifica case was that Siegel was Foundation counsel and was defending Georgia and Pacifica in a case where as Foundation counsel he should have only been defending Pacifica. Without going into the pages of legal issues it is improper to represent both the company and the management employee in a case involving intentional torts such as sexual harassment and retaliation since there are clear areas of potential conflict if not actual conflict.

Richard Phelps

*** *** ***

SIEGEL AT WBAI
prior to 2009, (when Siegel and his faction ruled Pacifica)

Date: Sun, 11 Nov 2012
From: Mitchel Cohen <mitchelcohen@mindspring.com>

STUDIO RENT
it was Dan Siegel and his faction that imposed on WBAI the renewal of its onerous lease that he now blames on us! (Studio rent is $400,000 per year; antenna rent is $500,000 per year.)

WBAI ELECTION OF 2007

Hundreds of WBAI listener-members and a few staff did not receive ballots in the 2007 election, when Dan Siegel was Chief Counsel for Pacifica. We brought this repeatedly to the attention of Siegel et al.  Instead of simply ordering that we be sent ballots, Siegel and the Board he controlled at the time refused to send them. (Many of us were opponents of Siegel and his faction, and we believe that that played into his decisions.) We had to go to Court, and won a Temporary Restraining Order that, among other things, directed Pacifica to send us ballots.

*** *** ***

KPFA LSB ELECTION OF 2007

Responding to Dan Siegel’s intervention in the LSB election
October 26, 2007
Dan Siegel, who was Pacifica’s Interim Executive Director, intervened in the Local Station Board election with a letter attacking candidates of the People’s Radio slate for their collective statement which they published in the KPFA voter pamphlet. Responses from two KPFA listener-voters, Virginia Browning and Steve Gilmartin are here.

*** *** ***

Open Letter from the Committee on Fair Elections
Bylaws & Rules Violated in KPFA Board Election of 2007

*** *** ***

excerpts from Casey Peters’ report
Siegel also entered Peters’ home illegally according to Peters

Dan Siegel, former Foundation Counsel and interim Executive Director of Pacifica Radio network, placed statements on the Pacifica and KPFA websites attacking candidates whom he opposed politically. This is a violation of attorney ethics and the bylaws of Pacifica. He also fired National Election Supervisor Casey Peters who tried to keep the election honest.

The following are excerpts from a report by the National Election Supervisor Casey Peters on the Pacifica 2007 Elections:

Nicole Sawaya had resigned — at least temporarily — and Dan Siegel was put back into place as interim ED [Executive Director]. At that point, the power really seemed to go to Siegel’s head and he started ordering me about in how to fulfill my duties. He applied intimidation regarding the still-pending certification of KPFA results, telling me that I would be fired if I did not do so promptly. The problem was that criteria for certification had not been met due to irregularities in the campaign, as will be explained later in this report.

Regardless of my desire to maintain absolute integrity in each of the local elections throughout the cycle, I was forced to capitulate in order to continue my work in administering the elections at the remaining radio stations. I realize now that this was an unforgivable error on my part and that I should have publicized the fact that the Interim Executive Director [Siegel] was using extortion to intimidate the National Elections Supervisor and wrongly influence the outcome of the elections to the detriment of members of the Pacifica Foundation.

Essentially, Dan Siegel in his dual roles as corporate counsel and Interim Executive Director engaged in threats and manipulation to unlawfully control the outcome of Pacifica elections. This constitutes the highjacking of the vote count. On the evening of March 13, 2008, I was about to leave for Los Angeles International Airport to fly to New York for the WBAI vote count when I received a message from Pacifica Chief Financial Officer Lonnie Hicks. Earlier in the day, he had confirmed that my accommodations in New York City were reserved. The new message said that Interim ED Dan Siegel did not want me conducting the vote count at WBAI and was firing me as National Elections Supervisor. Further information about the WBAI count follows later in this report.

A few days later, Dan Siegel entered my home illegally without any prior notice, and without ringing the bell, knocking on the door or announcing himself. Siegel startled my wife Marilyn, who was home alone, in our living room and she yelled at him to get out. His intent was to confiscate election equipment and materials without compensating me for work completed. Siegel had apparently been drinking, and sat in a rented SUV flashing his headlights into our bedroom. Marilyn called the police to stop the harassment. We seriously considered pressing trespass and assault charges, but felt any publicity about the incident would not look good for the Pacifica Foundation.

The full report on the Pacifica 2007 Elections by Casey Peters,
National Elections Supervisor (NES).

Excerpts from Casey Peters’ report.

*** *** ***

SIEGEL ATTEMPTS TO STOP EXAMINATION OF BOOKS

Siegel’s attempt to stop the examination of WBAI’s books by Carolyn Birden and Eve Moser.

This happened February 14 of 2008. Carolyn sent a notice the week before to WBAI’s General Manager and Business Manager that they were planning to inspect the financial records. While they were doing this Nia Bediako of the JUC called Dan Siegel, then the interim Executive Director and Corporate Counsel and he told Carolyn to cease the inspection, return all the copies she’d made, and that she was banned from the station.

See article by Carolyn Birden, with transcript of Siegel dialogue here.

Siegel later commented that he did this because it just didn’t seem right!

In fact, 2 1/2 years before that, in early 2005, PNB directors Patty Heffley and LaVarn Williams tried to inspect WBAI’s financial records, and were obstructed by the then Pacifica National Board and National Office. They enlisted the legal help of Richard Phelps to assert that the Pacifica bylaws and California Corporation law for non-profits gave board directors the absolute right to inspect the books.  See Analysis of Directors’ Inspection Rights here.

It took at least some weeks of obstructionism for them to be able to do this. When they did it, they discovered $65,000 worth of equipment had been given away to the WBAI General Manager’s father.

This established the already mandated right of directors to inspect, yet two and a half years later, on February 14 of 2008, Dan Siegel again tried to prevent it.

—  Mara Rivera

*** *** ***

SAVE KPFA (INCLUDING SIEGEL) IGNORE UNION CONTRACT

During the LSB of October 16, 2010 Shahram Aghamir moved to amend the intro language for the Budget Resolution to include that it would be implemented according to the union contract. This would mean that layoffs would be done by seniority.  However, every SaveKPFA person in attendance including Dan Siegel voted that amendment down.  Why would SaveKPFA be against that “pro union” sentiment being added to the budget resolution that included the need for some staff reductions? They were trying to protect the jobs of some of their “insider” group. Some would lose their jobs if seniority were followed.

Article here.
Minutes of Local Station Board Meeting of October 16, 2010 here.

*** *** ***
WITHOUT DUE PROCESS

At the April 16, 2011 LSB meeting the Save KPFA majority on the board passed a motion to censure Tracy Rosenberg for conduct outside of an LSB meeting. The procedural rules that our LSB must follow require any discipline for conduct outside a meeting requires reasonable notice for a hearing/trial where the person charged will be able to produce witnesses and present evidence in her defense. Tracy was not provided with this due process and was ambushed at the meeting.

See article by Richard Phelps here:
The minutes of that April 16, 2011 meeting show that Attorney Dan Siegel was present and voted in favor of the motion to censure Tracy Rosenberg without due process.  The minutes are here.

*** *** ***

SIEGEL ON MAYOR QUAN’S STAFF

Do the Bylaws apply to Dan Siegel?

On February 9, 2011, the Pacifica National Board (PNB) held a special session on this matter, and concluded in a vote of 10 to 7 that the bylaws do indeed apply, even to Dan Siegel. Siegel took this matter to court. (and the court ruled in Siegel’s favor.)

Date: Sun, 17 Jul 2011
From: PhelpsMediation@aol.com

Pacifica Bylaws do not allow anyone with a political office or
political appointment or declared candidacy for a political office to
serve on its governance bodies.

Dan Siegel violated the Bylaws by taking a position on Mayor Quan’s staff.

*** *** ***

BRINGING POLICE INTO OAKLAND SCHOOLS

Dan Siegel was on the board of the Oakland Unified School District for 8 years, from 1999 to 2006. While on the school board, Siegel helped bring armed police into the Oakland schools. Later, in January 2011, one of the armed police killed Raheim Brown.

*** *** ***

LORD JIM’S BAR RAID in 1984

(Note: I was not in the Bay Area when this happened; here’s what I
could find and piece together)

In 1987 Dan Siegel joined the San Francisco City Attorney’s Office as chief of complex litigation. Siegel defended the cops who raided Lord Jim’s bar against a civil suit; Siegel won, the victims lost.

The raid took place on Aug. 31, 1984 when 20 shouting plainclothes officers charged into the ornately furnished bar at 1500 Broadway and arrested its owner. The bar’s patrons and employees were held for up to 90 minutes while they were searched and checked for warrants.

*** *** ***

May 9, 2014

Where are Save KPFA’s Grassroots Supporters?

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by Daniel Borgström

downloadThis month Save KPFA sent out a call to their supporters to attend the Local Station Board (LSB) meeting of Saturday, April 12th, 2014.  And, from an article afterwards appearing on their website, one might get the impression that an impressive number of Save KPFA supporters attended that day.

The two relevant paragraphs of that Save KPFA article are below.  Note that they are suggesting that people listen to an audio of that LSB, presumably feeling safe in knowing that few would care to endure a 5-hour audio.  Anyway, here’s what they said in their article:

KPFA’s Local Station Board Demands
Fired Executive Leave Office

A motion demanding that the former interim executive Summer Reese, who is sleeping at Pacifica’s National Office, “leave peacefully,” passed the KPFA Local Station Board (LSB) overwhelmingly by a vote of 10-5 on April 12.

Board members were responding to the flood of emails and comments about the situation, including an open letter signed by over 700 listeners and staff.  LISTEN to the LSB meeting: part a, part b, part c

The entire Save KPFA article is here:

KPFK's Facebook Logo

KPFK’s Facebook Logo

Well, I attended that LSB on April 12th, arriving at 11:30 a.m., in time for Public Comments.  There were 10 speakers:  Max Blanchet, Dennis Bernstein, Daniel Borgström (me), Virginia Browning, Steve Gilmartin, Wanda Warkentin, Geneva Reese, Craig Williams, Aki Tanaka, Brian Geiser.

I don’t know Craig Williams or where he stands; he spoke on a non-controversial topic.  The other 9 were definitely NOT Save KPFA people.  Most were there to defend Summer Reese, the Executive Director of the Pacifica Radio network.  None of the 10 speakers attacked Summer Reese or spoke in defense of Save KPFA.

There were 16 people in the audience.  I thought that 2 or 3 may possibly have been Save KPFA supporters.  However, others who were there said they saw nobody in the audience who looked like a Save KPFA supporter.  Anyway, it was a remarkable no-show for Save KPFA, considering that on paper they present themselves as having a massive following, and further, that they’d asked their people to be there.

This leaves us to wonder how much active support Save KPFA really has.  My opinion is that if they had much, we’d be seeing it from time to time — like, for example, on March 17th when we began our occupation of the Pacifica HQ, and Margy Wilkinson showed up with about 5 or 6 of her people and tried to push her way into the building.  We were certain that within an hour she’d have 20 people there to back her up.  But that didn’t happen.  Margy never had more than 5 or 6 all day long.  But we did very soon have 20 of our people there that morning, putting their bodies on the line.  In the course of the day we had something like 40 people coming and going, not all at the same time.  Now, six weeks into the occupation, we’re still holding the HQ, taking turns having people there 24/7.  That’s something we couldn’t do without active, on-the-ground support.

Back to the LSB of April 12th.  Our people on the board, representing United for Community Radio (UCR), raised questions during the treasurer’s and the PNB reports.  “Why hasn’t KPFA closed its books for 14 months?” Andrea Prichett asked. “I’m asking a question.  Why is it so difficult?”

Our board members also wanted to hear the as yet unexplained reason for attempting to fire Summer Reese, the Executive Director.  The three Save KPFA PNB members sat in silence.  Finally Margy said she couldn’t speak because it’s a personnel issue and confidential, and because they’re being sued and their attorneys had told them not to speak.

Radio from Memphis Tennessee.

Radio from Memphis Tennessee.

The Save KPFA majority of the LSB then went through the formality of passing a resolution demanding that Summer Reese abandon the Pacifica National Office.  Interestingly, the resolution targets only Summer Reese, saying nothing of the several dozen people taking an active part in the occupation and of the hundreds of Pacifica listeners and staff across the network who have expressed shock and dismay at the actions of the rogue PNB majority. Nor does it make any mention of the Pacifica office staff who continue to carry on their duties under the direction of Summer Reese.  The Save KPFA resolution wants to make it all about Summer Reese; it’s not.

Despite such a twisting of reality, the resolution was passed by the Save KPFA majority, voting in lockstep as always. The scene resembled those of so many city councils these days, where a corrupt majority of the council members pass a resolution and proclaim it to be the wishes of the people.  Save KPFA likewise felt a need to present this event in their article as though it were done in front of a cheering audience.

The April 12th LSB was not the only occasion that Save KPFA supporters did a no-show.

There was the Sunday, April 6th KPFA Town Hall organized by the KPFA Community Advisory Board.  I counted 64 people.  I could identify only 4 or 5 from SaveKPFA, including Judith Scherr, Barbara Whipperman, Margy Wilkinson, Sharon Maldonado and a couple whose names I don’t know.  Actually, they maintained a pretty low profile; Margy left early; Barbara Whipperman stayed the whole length, but didn’t speak.  I got the feeling that Margy & Co just didn’t feel very comfortable.  The atmosphere at that town hall was critical of Save KPFA.

In court on April 9th, we had 20 or more supporters in the courtroom.  Margy had her husband, her iED-in-waiting Bernard Duncan, and as far as I could tell, that was all.

This has been the consistent trend.  About fifty people attended a “Speak Out on Issues at KPFA and Pacifica” at the Unitarian Church in Berkeley on April 27th.  The forum was emceed by Rev. Joy Atkinson and both sides, “United for Community Radio” and “Save KPFA,” were invited to present their views.  Save KPFA was represented by Carole Travis, chair of the Local Station Board, who defended the firing of Summer Reese.

After the presentations, about twenty of the audience spoke; and as has become the prevailing trend, most condemned the firing, several at the same time continued to express wishes (unrealistic in my opinion) that the factions resolve differences, none spoke in favor of the firing.

You can hear the forum here.

Logo for a Washington D.C. media center.

Logo for a Washington D.C. media center.

This lack of active support seems to explain why Save KPFA hasn’t attempted to hold mass demonstrations demanding that Summer Reese and the occupiers leave the Pacifica HQ.  Instead, Margy Wilkinson asked the Berkeley Police Department to evict us.  The police didn’t want to get involved, but told Margy that they would enforce a temporary restraining order (TRO) if the Court were to issue one.

So at a court hearing on April 28th, Margy & Co asked for a TRO; and were outnumbered two to one in the audience.  The case was presented by Attorney Dan Siegel who is running for mayor of Oakland, presenting himself in the race as a progressive candidate.  Siegel has defended activists at Occupy Oakland and has built an image of himself as a champion of victims of police oppression.  But now he’s asking for the police to raid the Pacifica HQ.  The judge continued the case to May 6th.

So back to the intriguing question:  Where are Save KPFA’s grassroots supporters?  Save KPFA is well funded and well connected to the various bureaucracies of the establishment left.  Is there some huge Nixon-type silent majority in the progressive community, a shadow army which massively backs Save KPFA? Their rank-and-file supporters, whoever they may be, are obviously not attending, not paying close attention, and not looking to see for themselves what’s going on at KPFA/Pacifica.

DANIEL BORGSTRÖM
http://danielborgstrom.blogspot.com/

70 year old former Marine Daniel Borgstrom testifying before the Oakland City Council about his tough economic situation and about being arrested twice in Occupy demonstrations. 2012. Photo: Brant Ward, The Chronicle

70 year old former Marine Daniel Borgstrom testifying before the Oakland City Council about his tough economic situation and about being arrested twice in Occupy demonstrations. 2012. Photo: Brant Ward, The Chronicle

Perspectives on the Crisis at KPFA and Pacifica Radio Network

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By Peter Phillips and Mickey Huff,

Peter Philips (L) & Mickey Huff

Peter Philips (L) & Mickey Huff

The Pacifica Foundation is a 65-year old national progressive treasure in need of continuing attention and support. Pacifica’s flagship station KPFA in Berkeley, and four other stations KPFK-Los Angeles, KPFT-Houston, WBAI-New York, WPFW-Washington, D.C., are all owned by and under legal control of Pacifica Foundation Radio. Over 160-affiliate radio stations in the US and Canada carry various programs from the Pacifica Radio network.

The Pacifica Foundation is managed by an elected board of directors, which is comprised of twenty-two members. There are four members from each of the five principle stations plus two from affiliate stations. Meetings of Pacifica Foundation Radio’s Board of Directors are open to the public. Policy dictates that board meetings are to be posted at least one week in advance of the scheduled date and announced on-air at the five Pacifica stations.

The current board of directors of Pacifica is seriously divided into two contentious factions. The factions at KPFA are Support KPFA—United for Community Radio; and Save KPFA (formerly “Concerned Listeners”). Each faction has allies and/or representatives on the board from the collective stations with the Save KPFA faction recently obtaining a one-vote majority. It was this slim majority that lead to the late-night firing of Pacifica’s recently appointed Executive Director, Summer Reese, on March 13, in a telephone conference board meeting with an unannounced agenda. Summer Reese later occupied the Pacifica Foundation headquarters claiming the firing was in violation of her contract and the Bylaws of Pacifica.

Reese has been in control of the building with dozens of supporters for over a month. Lawsuits and countersuits have been filed and court battles are pending. Over 400 KPFA listeners, volunteers, and staff have signed a petition in support of due process for Summer Reese, including the two authors of this update.

Longtime KPFA supporter and Sonoma County attorney Carol Spooner stated recently,

I strongly support Summer Reese in her position as Executive Director of Pacifica and in her efforts to preserve and protect the network and five Pacifica stations and their mission, and to prevent the total collapse of Pacifica into bankruptcy court, pay-off its debts, clean-up the corruption and financial mess, and rebuild. I believe those Pacifica directors who voted to fire her without cause weeks after her contract was signed acted with gross abuse of their authority and have recklessly and/or intentionally placed Pacifica in grave peril.

For full text, click here.

We have been internal observers and volunteer program hosts at KPFA for the past three and half years. Our Project Censored show Fridays 8-9 AM is now aired on thirteen Pacifica affiliate stations including WBAI and WPFW. We think we represent what the Pacifica Foundation mission statement means where it says we are to:

…engage in any activity that shall contribute to a lasting understanding between nations and between the individuals of all nations, races, creeds and colors; to gather and disseminate information on the causes of conflict between any and all of such groups…in radio broadcasting operations to promote the full distribution of public information; to obtain access to sources of news not commonly brought together in the same medium; and to employ such varied sources in the public presentation of accurate, objective, comprehensive news on all matters vitally affecting the community.

Given the long history of FBI COINTELPRO style disruptions among progressive/radical groups in Berkeley, documented by Seth Rosenfeld in his book Subversives (2012) among others, we think anyone would be naive to not consider that some elements of the national security state could be engaged in promoting dissension and disruption of Pacifica’s mission inside the network on a continuing basis. Therefore, we think that progressive people need to openly engage in the democratic process of choosing station representatives very seriously and call for immediate mediation for the Pacifica National Board.

We also strongly believe that adding and supporting volunteer programmers is part of the main mission of Pacifica. Pacifica was not created to have a full NPR-style paid professional staff, and that paid staff should act as supporters and trainers to community-based volunteers. Additionally, we strongly recommend that all listeners reach for their checkbooks during the current fund drive to help maintain a solidly listener-supported funding base, not only to keep Pacifica alive, but to help it thrive so that future generations can carry on its great and much-needed legacy.

Major Issues and Concerns Currently Facing Pacifica

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Report of the Executive Director to the Pacifica National Board
by  Summer Reese
April 27, 2014

Discussion among some of those occupying the Pacifica Office. L to R, Geneva Reese, Cynthia Johnson, Summer Reese, Virginia Browning, & Daniel Borgstrum

Summer Reese in discussion with some of those occupying the Pacifica Office. L to R, Geneva Reese, Cynthia Johnson, Summer Reese, Virginia Browning, & Daniel Borgstrum

The following is my report on the status of major issues and concerns currently facing Pacifica Foundation Radio during the crisis that has been created by the actions of the board majority. The reckless and illegal actions of the majority have caused considerable concern to our many creditors, who are now uncertain about the organization’s stability and ability to meet its financial obligations over time. This has resulted in two collections actions being filed against the Foundation this month by creditors that were previously working with staff on payment of these liabilities. The lawsuit with which we have been served is from Robert Half, the temp

firm which has supplied us with some of our accounting staff. The other lawsuit is from FSRN and we have not yet been served in that action. When we are served, I will notify the board.

Additionally, the SAG-AFTRA unit in Washington, D.C. has filed a complaint with the National Labor Relations Board (NLRB). On March 13, 2014, I flew to Washington, D.C., to meet with the Collective Bargaining Unit and the representatives of the union to address grievances and potential grievances generated by the conduct of the interim General Manager at WPFW. All matters were addressed on that day, a schedule of addressing concerns going forward was agreed to, and the union was not planning on filing any further grievances against the organization, much less complaints with the NLRB, which is a drastic escalation. Later, on the night of March 13, 2014, the board majority took its illegal vote to allegedly fire me, and the result has been that we are now facing major labor charges before the NLRB.

The audit work continues, despite the lack of cooperation from KPFA. The Business Manager of that unit has still failed to reconcile her books, but has finally agreed to release the underlying documents, such as bank statements, so that accounting staff in the National Office can reconcile that unit’s books. The request to that office to simply release the underlying documentation, if the BM [Business Manager] was unable to perform her job duties, was made two months ago, and if the records had just been released at that time, we would have been able to avoid the postponement of the audit.

Because of the delay in the audit work, it is unlikely that any CPB funds will be released this fiscal year, as the year will be nearly over before the organization’s audit and tax return are completed. The auditors are beginning field work at the National Office in May.

Last year’s fatally flawed 990 tax return, as prepared by the then CFO, Raul Salvador, has been amended and sent to me this week for final review and approval. I anticipate signing the amended return this week, so that we may file it with the IRS and the various states requiring our financial filings in order to solicit funds from the public in those states.

The rehired CFO, Raul Salvador, is currently on vacation in the Philippines.

WBAI continues to struggle financially and is facing catastrophic consequences if the financial situation at that unit is not rapidly addressed. The transmitter tower rent has not been paid for March or April, and the station is currently a quarter of a million dollars in arrears on operating expenses.

Both WBAI and WPFW were unable to meet their respective payroll obligations this week, as well as their healthcare obligations. KPFA and KPFK have had to supply approximately $85,000.00 to meet the funding shortfalls at the two East Coast stations, as well as the National Office, which continues not to receive Shared Services monies from those stations as budgeted.

Work on the audit, as well as day to day operations at the National Office continues relatively normally, despite the physical violence, interference and attempts to block access to the office by Margy Wilkinson and her supporters. We have been able to protect the employees, stop the attempted illegal lock-out of the staff and withstand assaults upon the operations, such as turning off the water so that staff could not use the legally required facilities of the bathroom, etc.

We have hired two temporary accounting staff to assist with the audit preparation, and despite the above attempted disruptions, all staff have been able to perform their normal duties and have been putting in incredible hours and effort to complete the audit, even with the delays caused by the lack of cooperation by a particular unit.

I was temporarily removed from payroll, but the issue appears to be resolved at this point, and should not necessitate a filing on my part with the Department of Industrial Relations.

Full compliance with the Communications Act by the five stations, as required for CPB funding, is still a struggle. WBAI and WPFW still have lapses in meeting notice postings, which will continue to adversely impact complete organizational compliance until fully resolved.

Old KPFA dialDuring this crisis, I continue to work with the legal counsel of The Office of The Inspector General of The Corporation for Public Broadcasting, supplying that department with financial, accounting, personnel, copyright and meeting notice records of the organization to facilitate their investigation of irregularities in those areas of the Foundation’s operations.

According to our FCC counsel, we may still apply for STA low power waivers for station KPFT. However, because we are in license renewal, other individuals or entities may object and contend that we are not using our full power for an extended period of time, and therefore should have our license downgraded to lower power. The FCC may then file an Order to Show Cause (OSC) against us, compelling us to answer as to why our license should not be downgraded. Because of this possible scenario, it is imperative to prioritize replacement of the KPFT transmitter.

Anticipating a return to normal business operations after a ruling of the court, I am promulgating an emergency operations plan to address our immediate cash shortfalls around the network, allowing for continuous operations, while reducing both operating expenses and accumulated debt. Because our business reputation has been significantly compromised by the actions of the board majority, it will be necessary to immediately instill a sense of confidence in our creditors, as well as the public, regarding our ability to continue operations and meet our financial obligations over the long term, as well as immediately. I believe it is possible to restore our public reputation, but only through decisive and bold action, clearly articulated in a business plan that can be supported by factual data and not wishful thinking.

I look forward to working with the board on the development and implementation of this plan, so that Pacifica not only survives the current crisis and the accumulated burden of years of debt and mismanagement of resources, but will thrive by a complete rebirth and return to the Mission of the organization and its service to the public.

Robert Knight. Rest in Peace

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Robert Knight

Robert Knight

Robert Knight, a self-described distant visitor to a strange planet who produced and hosted Earthwatch, a free-form radio program at WBAI, has died.

Robert Knight  worked as an on-air correspondent for Comedy Central’s “Daily Show,”  Pacifica’s nationally-syndicated “Flashpoints,” “Informed Dissent,” INN’s International News Net, and the Public News Service, where his reports have been heard on hundreds of stations. He recently produced a two-hour historical documentary, “The Sweet Science of Racism in Haiti,” a post-earthquake public affairs special.

Along with Dennis Bernstein, Knight was a cofounder of the groundbreaking investigative news series “Contragate/Undercurrents”, which provided daily exposes of the clandestine and military and drug operations during the contra wars in Central America. He has also served as WBAI’s News Director, “Wakeup Call” morning host, and as a fundraising copywriter. His work has been heard on Pacifica National News, Free Speech Radio News, National Public Radio, KPFA, WABC, WAMC, WEVD, WLIB, WMCA, and WNYC, and elsewhere.

As an international correspondent, Knight traveled to five continents, reporting from such hot spots as Nicaragua (he covered de contra war), Colombia (where he reported on the international drug complex), Libya (where he visited the home of Muammar Khadafy), North and South Korea (where he covered nuclear and reunification issues), and Panama (where with Manuel Noriega and coverage of the 1989 US invasion earned him the prestigious George R. Polk Award.

Other awards include the Jesse Meriton White Award for International Report, the Ethical Culture “Man of the Year” Peace Award, the Madre Padre Award (presented to a few good men by MADRE, the international feminist human rights organization), the Humanist Journalism Award (presented by the Rev. Joseph Ben-David, a colleague of Hannah Arendt), the News Reporting Award presented by Asian-Americans for Equality, and the National Association of Black Journalists’ Radio Reporting Award for his documentary series on covert activities in apartheid South Africa.

Knight’s domestic work includes travels to Tulia, Texas, where he covered the false arrests of most of the town’s African American population on fabricated drug charges, and to Albany, New York, where his reporting contributed to reform the draconian Rockefeller Drug Laws.

Knight also made numerous television appearances, including “Like It Is”, with Gil Noble and “Tony Brown’s Journal”, and news anchoring on “International News Net”. He also hosted a televised town hall discussion with the Rev Al Sharpton at the Schomberg Center for Research into African Culture.

His writing has been published in Esquire, Essence, New York Magazine, SPY, SPIN, Newsday, the New York Daily News, Los Angeles Times, Washington Post, Baltimore Sun, The Guardian, and the Premier Edition of Civil Rights journal, published by the U.S. Commission Civil Right among others.

Robert Knight, you will be missed and remembered.
Thank you for your life.

Pacifica National Board Minority Position (report)

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Janet Kobren talking at a fundraiser for the 2010 Gaza freedom flotilla. Ms Kobren participated in the Flotilla and organized the fundraiser

Janet Kobren talking at a fundraiser for the 2010 Gaza freedom flotilla. Ms Kobren participated in the Flotilla and organized the fundraiser

Prepared by Janet Kobren, PNB Listener Director from KPFA*

I am one of nine Pacifica Directors for Good Governance (PDGG).  Since being seated on the PNB on January 30, 2014, I and my fellow PDGG colleagues have witnessed a majority of 12 of the 22- member board put the Foundation at financial risk by violating meeting notice requirements and recklessly rushing through major personnel decisions, in the dark of executive sessions where the majority has manipulated the meeting process, misemployed Roberts Rules of Order including showing favoritism.

 They have acted without official process or documentation, and disallowed discussion or independent legal consultation on very sensitive motions (except outside the meetings, and perhaps by majority and obviously biased directors that happen to be lawyers), all of which may take the Foundation down by opening it up to possible major lawsuits, jeopardizing our insurance coverage, and losing our CPB funding and the re-licensing of WBAI.

Informed by our fiduciary responsibility, the PDGG voiced objections during all PNB meetings and proposed alternatives by submitting motion after motion, all in vain, as they were either voted down or not included in or disappeared from the agendas. Accordingly, the PDGG felt we had no other recourse but to go to the courts.

We filed a lawsuit on April 3rd at the Superior Court of California, County of Alameda, case number HG14720131. And although, for technical reasons, the judge denied us a temporary restraining order (TRO) on April 9, she nevertheless scheduled an expedited preliminary injunction hearing in Oakland on May 6.

PDGG fears that there may be no Pacifica network by the end of year and believes that outside intervention is the only way that Pacifica can be saved.

*Presented during the “Pacifica National Board Report” agenda item of the April 12, 2014 KPFA Local Station Board (LSB) meeting.