Tuesday, May 30, 2017

Were you there? Did you hear?


The following anonymous brief is the first I have heard from someone who attended last evening's public meeting at 388 Atlantic Avenue.

If you were there, please post your impression—how many attended, etc. Typically, WBAI simply continued airing the old infomercials.


The town hall discussion went pretty well Chris. There was a lot of criticism of Reimers and Bates especially about treatment of producers. There was also criticism of producers for not promoting more or doing things like station ID breaks. There was also talk of expanding outreach and marketing efforts. The biggest problem appeared to be lack of communication from and to management. —Anonymous

Monday, May 29, 2017

Exiles' Newsletter



Berkeley-The Pacifica National Board met twice in the month of May, on May 11 and May 25. The meetings featured slow but steady progress intermixed with a not inconsiderable amount of disruption from the remnants of the Siegel/Brazon faction, who no longer hold a majority on the national board. Most of the board's open sessions are point-of-order-athons, making them a frustrating listening experience for the network's worried members. The independent board majority uses the Maestro Conference service, a popular conference call service, in order to maximize the efficiency of the meetings, but has used the service's features sparingly and only after numerous warnings.


IED Bill Crosier, who has been unable to provide a report to the board verbally on any board call since February, (5 consecutive times), provided a written copy of his planned report for the board's May 25 meeting, which can be read here. His previous written reports from March 23 and March 2 can be read by clicking on the links here and here. 

Highlights include ongoing settlement negotiations for the unpaid tower rent lawsuit with Empire State Building, which has paused litigation to engage in discussions which have been occurring in New York City, where Crosier and CFO Agarwal have been for the past week. Crosier is holding an open meet and greet with NY-area listeners at WBAI on Monday May 29 at 5pm. 

Pacifica is also in dialogue with the Ebay seller who acquired a large quantity of Pacifica's old master tapes after Pacifica's national office failed to pay storage bills and the storage company sold off the contents of a storage locker. Other Minds, a Bay Area nonprofit run by KPFA's former music director Charles Amirkhanian, is assisting with attempts to return the materials to Pacifica's custody. 

The national board acted to reverse the "SCA Motion" initiated by Cerene Roberts in 2016, which attempted to reallocate sideband rental revenues away from Pacifica's National Office, cutting its self-generated income in half with no replacement. The effort placed the entire 2017 budget process into such chaos that not a single divisional budget was ever approved by the 2016 national board for the current fiscal year. Pacifica's controller Efren Llarinas had stated in several 2016 finance committee calls that he did not know how to implement the SCA motion. The move rolls back planned fee increases of $20,000 and $50,000 respectively for stations WPFW and KPFA, which had faced them due to smaller sideband rental revenues. 

The national board also rescinded a mandate for each station to add an additional 5 hours of Spanish language-only programming to their existing grids. The mandate from June of 2015 had been implemented more than two years later, by only one station - Los Angeles' KPFK - and ignored by the other four stations. Each Pacifica station has some existing bilingual or Latino-focused public affairs and cultural programming, but only KPFK schedules large blocks of time for Spanish language only programs that are inaccessible to non-Spanish-fluent audiences. 

In the closed session on May 25, the board selected an audit firm to begin the delinquent fiscal year 2015 audit (for the year 10-1-2014 to 9-30-2015). The Independent board majority has had a struggle with the Siegel/Brazon remnants in the network to get the late audit going, despite a deadline set by the California Attorney General for receipt of the completed audit report by the end of August 2017. If Pacifica does not make the deadline, then it will face state suspension of its tax-exempt status due to severe audit delinquency.

Hints of the internal struggles can be heard on the audio from open session financial committees. On May 2, Pacifica's financial committee heard a report from CFO Sam Agarwal on audit readiness where he laid out problems getting the needed documentation from Berkeley's KPFA, problems which are said to be mostly resolved a month later.

On May 24, Pacifica's audit committee heard Siegel/Brazonites attempting to drag out the audit firm selection process indefinitely using expressions like "haste makes waste", a term wildly inappropriate for the process of selecting an audit firm to conduct an audit that was legally due to the State of California 11 months ago in June of 2016.

An anonymous source indicated that prior to the audit firm selection in the national board's closed session, a Siegel/Brazonite board member moved the 2017 audit committee should be disbanded and the selection process began all over again from scratch. The motion was defeated by the board's independent majority, which then went on the select one of the four audit firms that had submitted proposals. On March 2, Pacifica listeners nationwide donated over $200,000 to help the network catch up on the delinquent audits. 

Throughout the network, Pacificans continued to react to the revelation that KPFA board chair Carole Travis had been soliciting celebrities to join the board of "Big Tent Radio", a new nonprofit she claimed to be starting to acquire Pacifica's assets after it "collapsed". Two of the recipients of Travis' appeals sent them to Pacifica IED Crosier, who issued this statement in response. Travis' "Big Tent" follows her involvement in the previous iteration of the "KPFA Foundation", a nonprofit created by former Pacifica corporate counsel Dan Siegel and former Pacifica IED Margy Wilkinson in secret.  It is now formally registered with the Registry of Charitable Trusts with Pacifica's 1949 mission statement and Siegel as the chief executive officer and chief financial officer. Big Tent Radio has not been incorporated so Travis' appeals were either for the KPFA Foundation itself under a new name or for a nonexistent nonprofit that has no board to join. The website www.bigtentradio.org has been purchased by some unhappy with Travis' actions. 

Calls to remove Travis from Pacifica governance have been heard throughout the network, including from sources as unlikely as former IED Lydia Brazon, an erstwhile ally of Travis, Wilkinson, Siegel and Save KPFA. Brazon, apparently a bit sore about her February removal as Pacifica's executive director, helpfully drafted a resolution for the national board to remove Travis and sent it to the national board unsolicited.

A lengthy conversation about Big Tent Radio was held at the KPFK local station board on May 21. You can listen to selections from that here. It contains a choice bit of revisionist history from Siegel/Brazonite Lawrence Reyes, who while waxing indignantly about Travis' actions, comes up with the novel assertion that both he and Brazon opposed the similiar actions of Wilkinson and Siegel when the secret existence of the "KPFA Foundation" was uncovered in 2015.  What actually happened on the national board in 2015 can be heard here. Both Brazon and Reyes voted three different times: once to not add censuring Wilkinson to the board's agenda, once to rule out of order a motion to no longer use the services of Siegel as Pacifica's corporate counsel and once to prevent then-ED John Proffitt from investigating the creation of the "KPFA Foundation". Brazon cast the tie-breaking vote to prevent an investigation from going forward. 

Twit Wit Radio's satirical look at the Big Tent Radio revelation can be heard here. 

Finally, because you can never have too many lawsuits, the Siegel/Brazon remnants filed in Alameda Superior Court a 3-part lawsuit designed to try to recapture the national board majority after their large losses in the 2016 board elections. The lawsuit is being prosecuted by Harold Smith, the longtime law partner of Harmeet Dhillon, chair of the California Republican Party. Smith was her law partner for 8 years from 2006-2014, starting up his own firm in 2014. Dhillon, who infamously delivered a prayer for Donald Trump at the Republican National Convention addressing him as “a warrior and a leader” following Jefferson Sessions’ nomination of Trump, is the spouse of former national board member Sarv Randawa who represented Berkeley’s Save KPFA faction on Pacifica‘s national board for five years from 2004-2008. Dhillon and Smith previously pusued two other lawsuits against Pacifica, representing Siegel/Brazonites Brian Edwards-Tiekert and Rodrigo Argueta in 2011. 

The complaint can be read here. It asks the court to restore LA listener rep Sharon Brown, after Brown was found to hold a seat on the Los Angeles Small Business Commission and was ruled ineligible by KPFK's station board by an 18-1 vote, due to the bylaws restriction on board members holding political appointments. It also asks the court to restore Efia Nwangaza to an affiliate director position by continuing to throw out the votes of NY's representatives. And the lawsuit asks the court to issue a pre-emptive injunction against any removal of Adriana Casenave for refusing to cede the board chair position to the newly elected board for three meetings in February and March of 2017. Plaintiffs Brown, Casenave and Nwangaza are suing board members David Beaton and Mansoor Sabbagh as individuals as well as Pacifica as an entity and claim in their complaint that Pacifica is "failing to protect the Foundation from attempts to dismantle it" - apparently trying to use the actions of their erstwhile allies in Save KPFA (Wilkinson, Siegel and Travis) to support their lawsuit. 

Saturday, May 27, 2017

A game of desperation?

Saturday morning: Jim Dingeman has just posted a confirmation and updated the time. Please note that it is now set for 5 PM on Monday. Or is it?


A post by Alex Steinman on Nalini's listserv is casting some doubt regarding the veracity of the town hall meeting (see below). My source was a post by Jim Dingeman, whose growing frustration with WBAI and Pacifica is ever growing (and understandably so).

Alex Steinberg wrote:
This is a mistake. There is no meeting on Monday. I just confirmed with Bill Crosier and he knows nothing about this meeting.  —Alex Steinberg

To which Jim Dingeman replied:

That is inaccurate
                              
I set up this meeting many hours ago and mentioned that it would be a mass meeting

Unlike some 
I have had to for years when head of the cab chair meetings like this

Frankly it would be a positive event

If people have changed their mind
So be it

But there was no mistake
Period
__________________________
Is the fake news policy of WBAI now spreading to its genuine supporters? I leave it to you to interpret—Remember, Steinberg tends to be snarky and, as noted, Jim is teetering on the edge of exasperation. Will the fat lady sing to an empty house?

Friday, May 26, 2017

Important public meeting at WBAI


There will be a town hall meeting at 3:00 PM on Monday, May 29th. This will offer a rare opportunity to meet Pacifica's Interim Executive Director, Bill Cosier, in person and hear what is being done to get WBAI back on track as a meaningful station that serves the entire N.Y area community. All are welcomed to attend and participate in what promises to be an informative exchange of plans and suggestions.

The event will take place at WBAI Radio, 388 Atlantic Avenue, between Hoyt and Bond Street in downtown Brooklyn.

In the short time Mr. Crosier has held this position, he has made significant strides to repair the damage created by his predecessors—he deserves our support in attempting that well nigh impossible task. 

As I hope this blog has made obvious, my personal desire is to see WBAI regain its dignity and importance. That can not happen as long as the likes of Berthold Reimers, Tony Bates, and other self-serving incompetents continue to call the shots and bring the station down. At this late stage, it may not be possible to win back trusting listener-supporters, but let us at least try. 

Updates from iED Bill Crosier


Here's a summary of some of the things going on around Pacifica. I'll be glad to answer questions about these topics and more during the PNB meeting tonight.

* Empire State Building lawsuit (about unpaid tower rental for WBAI's transmitter) - We (Sam Agarwal, our attorney Sam Himmelstein, his associate Jesse Gribben, and I) met with ESB representatives on Tuesday. As we expected, we will have to wait for them to get back to us with a specific dollar amount they're willing to accept in settlement. The ESB people in the meeting included ESB's President, Chief Controller, Director of Broadcasting, and two attorneys for their side. Their attorneys did most of the talking for them, and they did their job by asking some tough questions but none that were unexpected, and we were prepared for all of the questions and I think we gave good answers. Himmelstein agreed. Sam Agarwal did most of the negotiating because this is basically a financial matter, and he did an excellent job presenting our case and answering financial questions. Besides the legal issues, I pointed out that ESB has not lost money on Pacifica, but in fact has made a lot of money from us, and is now charging over 4 times the market rate for the tower lease. I reminded them that we had kept up with even those payments from when the lease started in 2005 until 2014. I told them it was a mistake for Pacifica to have agreed to a 15 year contract with such large increases each year (7% annual plus an additional Cost of Living Adjustment on top of that). They did not disagree with anything I said about that. ESB's President was silent during almost all of the meeting and had only one question - if we settle, how soon can we pay and how will we come up with the money. So I think it's good that is what his major concern is - clearly they want to settle. But they did not indicate what dollar amount will be acceptable to them. We told them that the PNB had authorized us to look at mortgaging or selling the property in Berkeley next door to KPFA (where the National Office is) and that we are checking into that and expect that will be how we can provide the settlement funds, as all of the stations barely have enough funds for payroll, insurance, and other essential expenses. They asked for some additional information, which I sent them yesterday, and I expect we'll hear back from them in a week or two with a dollar amount they will accept. They did say that whatever amount it is would have to be approved by their Board, and I told them that our PNB would also have to approve whatever sale or mortgage would be required to generate the settlement funds. I'll be glad to answer more questions in the PNB meeting tonight.

* Tapes being sold on eBay - I've been in contact with the person who is selling the historic KPFA tapes on eBay, and he's willing to work something out. He says he has about 4000 analog tapes from KPFA, KPFK, WBAI, and other stations, along with folios, that came from a storage locker. Negotiations are in process. An inspection visit by soe of the California people will take place this weekend.

* National Office funding: All stations are making special contributions this month to the National Office to help pay for part of a backlog of debt that has accumulated over the last few years. We expect to get a total of $100K from the stations, in addition to current Central Services, and this will help a great deal. In addition, another national fund drive day is planned for June to raise funds for the N.O. The theme is tentatively planned to be about George Orwell's book 1984, and will feature readings from the PRA 64GB USB drive - a reading of that entire book by professional actors is on that USB drive.

* Audits: Preparations are almost complete for the FY2015 audit, and we expect to be able to start that next week. I want to thank the Audit Committee for their work in this, incljuding evaluating proposals from audit firms and making a recommendation in their meeting last night.

* SAG-AFTRA filed for arbitration at KPFK because we were not able to provide a schedule acceptable to them for funding the past-due pension payments. None have been made into our profit-sharing style plan since the beginning of 2015 for any of our stations, although the 403B retirement plan is fully funded. I want all stations to catch up with all pension funding, but we need some time to determine how long that will take. I hope this can be worked into the budgets for FY2018 and perhaps some stations can start catching up on those payments this year.

Bill

Bill Crosier
Interim Executive Director
Pacifica Foundation
1925 Martin Luther King Jr Way
Berkeley CA 94704-1037
510-316-9783


The streamed portion of the PBS Meeting Bill Crosier refers to at the beginning of his update turned out to be yet another gathering of confused gathering of the confused, the disruptive and the disengaged. Let's hope that the closed session that followed accomplished something. —Chris