Friday, December 29, 2017

Turning to Chapter 11


Here, in full, is an audio clip of the Pacifica National Board's open meeting called to authorize the interim Executive Director to take a major step which he sees as the only solution to Pacifica's current do-or-die financial crisis.

It is by no means the ideal way out, but the alternative paths, signal swap, loan or property sales may pose an even greater risk. It seems pretty certain that the fat lady's song will span the country, but it is also clear to reasoned people among us that this is a situation brought on by years of mismanagement, neglect, moral decay and pursuit of personal interests. 

Simply put, this curtain closer is ultimately the result of appalling hiring practices brought on by years of handing the reins over to opportunistic amateurs whose idea of a New York "community" radio station is one that focuses on an educationally handicapped black population and pursues its own self-serving goals through taking advantage of plights they ought to be attempting to remedy.

The irony is that their race-based doctrine has brought WBAI's listenership to its lowest point, chasing away intellectually curious supporters of all races, ages and political persuasions. A dearth of listeners has left piggybanks wanting and cash registers silent. Now we can expect WBAI itself to become but a memory, but not a cherished one. Most of us who knew it long will be remarkably indifferent as it goes dark, so to speak. What have we lost? a few meaningful programs drowning in a sea of propaganda and other mediocrities.

Restoration was still possible a few years ago when I started this blog. My revisit had almost been accidental—I expected changes, but not the drastic downgrade that soon became obvious. The station had suffered ill-advised changes by the Seventies, but now it had sunk to a lower level and Pacifica's principles—the glue that once held us together—were being violated by people who seemed more interested in themselves than in building up and maintaining the extraordinary experiment Lew Hill and his friends had started with KPFA in 1949. 

As I said, I did not hear a WBAI beyond repair, so I initiated this blog with emphasis on the past. I never believed the station ought return to the old groove that reflected—and, in some ways, contributed to—the Sixties' cultural revolution, but integrity and vision had not become outdated. We had entered the digital age, yet I sensed no awareness of it as I listened to one moribund "show" after the other. The station was in a rut—stagnant and uninspired.

I had no desire to return to WBAI in any capacity, but it occurred to me that I might be of use if I shared some of my earlier experiences with current management, so I sent an e-mail offering them whatever advice I could give. Receipt was never acknowledged, so I called and left a message that was likewise ignored. Somehow I did make contact with Jim Dingeman, who immediately invited me to attend and, if I so desired, address a meeting. He was very friendly and clearly eager to improve what he, too, saw as an area in need of attention. After watching a few videos of LSB meetings on YouTube, I decided against accepting Jim's invitation.

Enough of that—I tend to get carried away when I broach the subject of WBAI's disintegration.

Following the open meeting—which is contained in the one hour and six minute link below, the Board went into "executive" (i.e. closed) session. It seems wrong that the people who pay the salaries and bills are excluded from a meeting that will, essentially, tell them whether or not they have wasted their time and money in support of the station, but I suppose we will eventually learn if the Pacifica farce ends with Chapter 11. 

The Open meeting in full.

UPDATE: (Courtesy of Tracy Rosenberg)
There was no authorization for Chapter 11 in the closed session. Crosier's motion did not pass. The board will continue considering a bridge loan to pay off the judgement.

More details from Tracy Rosenberg, who has advocated a loan solution all along:

The Pacifica National Board approved an interest-only loan on the LA property to pay off the summary judgment on November 9.  The Logan Investments loan is 8.99% percent - interest only for three years and would pay off the summary judgment in full and allow time to pursue and complete one of the less destructive signal swap offers to raise millions of dollars. 

The PNB also approved  on December 18 a Chapter 11 bankruptcy filing preparation to be shown to the board prior to filing. It has not been produced. 

There's no need for more board resolutions, as Bill knows. What there is a need for is completion of the Logan Investments loan paperwork so a loan contract can be issued and the preparation of a bankruptcy filing for board review, just in case it needs to be filed. 


... there are lots of reasons to avoid bankruptcy, but you need to understand what D&O insurance is. D&O insurance provides a board with legal protection after the deducitible is paid for human resources lawsuits and will pay settlements. It doesn't cover attorney's fees for bankruptcy filings (which will be a million dollars+), and it doesn't pay your debts for you. About the only thing in Pacifica's current portfolio of problems that D&O might address is the Leslie Radford lawsuit against Bill firing her, and that only after $250K in legal bills were run up in that case. 

A post-meeting statement from Bill Crosier:
"Many of you have asked what happened with the Pacifica bankruptcy motion last night.

The PNB majority moved it to executive session. I can't give details publicly about the executive session, but I'll just say that the PNB did not get to that motion in exec. session, so took no action on it." Bill

22 comments:

  1. Fortunately the ‘loss’ won’t matter. They have effectively no listeners now and, more importantly, there are infinitely more sources available to us now than there were at the time of Pacifica’s founding.

    In media terms it was a different age.

    They’ve shown no interest in any mission of any interest or merit in quite a few decades now.

    So it goes…

    ~ ‘indigopirate’

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  2. Thanks, Tracy. Do we know how the vote went? Who voted for what?

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  3. So, Santa didn't give them the present of a big ass check to pay off their debts. I guess Pacifica was on the naughty side of Santa's list. Well, Three Kings' Day is on January 6, so maybe Los Reyes will come across for Pacifica.

    SDL

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  4. Not that it really matters, but WBAI is still off of the air (at 7:55AM on Friday), and still nothing about this on the WBAI website.

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    Replies
    1. Transmitter update via email from Tony Ryan, Ops director

      "I am sorry to report that WBAI is temporarily off the air again.

      This time, it is caused by the MAIN electrical circuit breaker
      that provides power to the entire room.

      Th MAIN BREAKER latch will not stay in the ON position causing
      POWER to be off.

      The EMPIRE building management have been assisting with the
      ordering of parts and are providing the certified electricians(union) to
      correct this issue.

      I will keep you updated as we try to correct this problem,"

      Delete
    2. Update from Tony Ryan followed by Berthold's congratulatory message.

      "I am pleased to report that we are back on the air!

      Let us thank Graceon Challenger, Jake Glanz, and the ESB management
      for quickly correcting our power issues...

      Again, I thank you for your patience,"

      Berthold's remarks

      "Thanks Tony Ryan for also dedicating hours and hours of your personal time to fix Pacifica's mess. I will call you later."

      Delete
  5. The fat lady is at the door getting ready to sing but the PNB members are fighting themselves and her in a vicious struggle for control. In this confused and chaotic battlefield, its unclear who is friend and who is foe. One thing is clear. There is no room for compromise. You are either with us or against us. The only problem is who is 'us'? Meanwhile the clock is ticking towards the date the judgement takes effect in California. Will a bruised and battered fat lady finally reach the stage or will they dive deeper into the red in order to stop her and the deal with MNN which would certainly follow any bankruptcy? Stay tuned.

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  6. 11:44AM and there's a pop-up window telling us they're having technical difficulties.

    SDL

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  7. Still dead air at 12:10

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    Replies
    1. Where the hell is the General Manager? Third hand messages and pop-up windows don't cut it. Where is the explanation of what happened and how to avoid similar occurrences in the future? Does he have a handle on the situation? Is he even in town? The foundation's existence is at stake and WBAI can't even stay on the air for five minutes?

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    2. At some point, the air at 99.5 will no longer be "dead", but BAI will continue to be brain-dead.

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    3. Berthold Reimers will eventually be accessible, but only during visiting hours at Rikers.

      In the meantime, his salary continues to drain over $100,000.00 a year from Pacifica. Your question as to his present location is valid, but I am more puzzled by his not having been kicked out on his ass a very long time ago.

      Delete
  8. I don't know about California, but in New York, it doesn't take very long to attach a bank account. It is just a matter of filing some paperwork. If Pacifica is going to get a loan and pay off the judgment, it needs to do so before January 6. After that, it is a matter of days, and not weeks, before its bank accounts can be attached.

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  9. Bill Crosier posted this:

    Many of you have asked what happened with the Pacifica bankruptcy motion last night.

    The PNB majority moved it to executive session. I can't give details publicly about the executive session, but I'll just say that the PNB did not get to that motion in exec. session, so took no action on it.

    Bill

    Here are the 11 votes to move the bk motion to closed session: Grace Aaron, Jim Brown, Adriana Casenave, Kathy Davis, Benito Diaz, Ken Laufer, Cerene Roberts, Nancy Sorden, Alex Steinberg, Temba Shebanga, Maskeela Washington.

    7 Voting no: Jonathan Alexander, David Beaton, Bill Crosier, Sabrina Jacobs, Mansoor Sabbagh, T.M. Scruggs, Aki Tanaka

    Jan Goodman abstained, although she is otherwise aligned with Grace Aaron, et al.

    Rhonda Garner and Andrea Turner were not on the call, although Rhonda got on later. There are presently only 21 on the PNB since Robert Mark recently resigned.

    The yes votes are the anti-bk, "let's get a loan" crew which Tracy is aligned with.

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    Replies
    1. Please note that Alex Steinberg and Kathy Davis voted with the likes of Cerene Robert, Adriana Casenave and other chronic disrupters.

      Delete
    2. Wait a minute Chris. Let me count those votes again.

      Voting Yes: Grace the loan officer, Jim Brown, Adriana the Screamer..Yes I hear you, Kathy the fruitcake, Benito..Shatner..Diaz..; the other WBAI rep, MNN VP and instigator in chief Cerene Roberts, Nancy something, Alex the Infallible, Bogus Affiliate Director #2 and Maskeelah

      Voting No: Jonathan I'm Not Playing Alexander, Apathetic Affiliate Director #1, Bankruptcy Bill, Sabrina, His Imperial Highness Mansoor the Third, TM Scruggs and
      Aki the frustrated writer.

      OK. Just wanted to check.

      Delete
    3. Have you been reading over my shoulder? :)

      Delete
  10. OK, so if they get the loan to pay for the summary judgement, what about the rent and fees owed to the ESRT since May (is it?) and running until the contract ends. We know WBAI can't cover those monthly fees.

    SDL

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    Replies
    1. That's an important point, SDL. These people—on both sides—have screwed themselves with their inability to look beyond the tips of their own noses.

      They have groped in the dark and assumed a see-no-evil stance to reach this precarious stage of arrested development. Before them stares a dark beckoning hole into which they soon will tumble.

      They didn't look before they jumped—they deserve the inevitable consequence of that.

      Ninety-nine percent of the listener-supporters tuned out, and rightfully so.

      It has been painful to follow the vandalism and faux righteouness. Let them eat dry bologna sandwiches at Café Rikers,

      Delete
    2. A bridge loan to nowhere.

      Meager if any recurring revenue streams to repay the loan, and once Pacifica defaults on the loans, the fat lady will step forward and sing!

      Then again, Bankruptcy ch. 11 requires a discipline that is lacking on all the boards. Either way, it will be a while before the final curtain call of this radio drama called Pacifica.

      Delete
    3. A bridge not far enough, one might say.

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    4. "A bridge loan to nowhere" sounds like a mid 1970s Robin Trower song.

      A Bridge Loan Not Far Enough. The new lackluster, no star studded film about a failed radio operation behind reality lines.

      SDL

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