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Kill KPFA Strikes Again
Only 3 days after Brian Edwards-Tiekert attacked Pacifica using the law firm founded by hard right-wing operative, former Heritage Foundation employee and 2004 Lawyers for Bush/Cheney Chair Harmeet Dhillon, Save KPFA/Concerned Listeners cohort Dan Siegel threatens the 11th lawsuit filed against Pacifica in the last 3 weeks.
At yesterday's board meeting, Dan Siegel proposed and the new board majority upheld by a one-vote margin, (created by lawsuit) a threat to file an 11th lawsuit against the Pacifica Foundation if it does not approve the KPFA worker budget and rescind all layoffs by December 13th.
The resolution stated the executive director of the foundation does not, in the estimation of Concerned Listeners/Save KPFA group, have the authority to make decisions about the headcount the foundation can afford to maintain and the board of directors of the 501c3 foundation does not have the authority to approve operating budgets.
This proposed lawsuit joins 10 others filed in the past 2 weeks by members of Save KPFA - Concerned Listeners, more than tripling the total amount of lawsuits filed in 1999 over the pending sale of the station.
The motion followed a financial report which noted KPFA's operating deficit of $575,000 in 2008-2009 and $579,000 in the 2009-2010 fiscal year ending on September 30th. On September 15th, KPFA demanded that Pacifica help them with payroll which they could not afford and funds were loaned by Pacifica's Houston station.
The financial report stated that KPFA's current cash-in-bank totals $79,000 as of 12-4 with $78,000 in account payables, and a monthly payroll obligation of over $140,000. $150,000 is also owed to the parent foundation and has been for more than 6 months.
Save KPFA - Concerned Listeners, which earlier this year ran a fundraiser for their campaign postcard described as a "benefit for KPFA" is engaging in a desperate and malevolent series of legal maneuvers to assert control over the operations of a national foundation for a small clique of Berkeley's "Old Left" which has driven KPFA to the a financial precipice.
Foiled by last year's victory by Independents for Community Radio in the 2009 election and the selection of an ED from outside their narrow circle, the Save KPFA/Concerned Listeners group is resorting to death by lawsuit after the executive director of Pacifica and the Pacifica National Board refused to support a 3rd consecutive cooked budget from former treasurer Brian Edwards-Tiekert.
The resolution stated the executive director of the foundation does not, in the estimation of Concerned Listeners/Save KPFA group, have the authority to make decisions about the headcount the foundation can afford to maintain and the board of directors of the 501c3 foundation does not have the authority to approve operating budgets.
This proposed lawsuit joins 10 others filed in the past 2 weeks by members of Save KPFA - Concerned Listeners, more than tripling the total amount of lawsuits filed in 1999 over the pending sale of the station.
The motion followed a financial report which noted KPFA's operating deficit of $575,000 in 2008-2009 and $579,000 in the 2009-2010 fiscal year ending on September 30th. On September 15th, KPFA demanded that Pacifica help them with payroll which they could not afford and funds were loaned by Pacifica's Houston station.
The financial report stated that KPFA's current cash-in-bank totals $79,000 as of 12-4 with $78,000 in account payables, and a monthly payroll obligation of over $140,000. $150,000 is also owed to the parent foundation and has been for more than 6 months.
Save KPFA - Concerned Listeners, which earlier this year ran a fundraiser for their campaign postcard described as a "benefit for KPFA" is engaging in a desperate and malevolent series of legal maneuvers to assert control over the operations of a national foundation for a small clique of Berkeley's "Old Left" which has driven KPFA to the a financial precipice.
Foiled by last year's victory by Independents for Community Radio in the 2009 election and the selection of an ED from outside their narrow circle, the Save KPFA/Concerned Listeners group is resorting to death by lawsuit after the executive director of Pacifica and the Pacifica National Board refused to support a 3rd consecutive cooked budget from former treasurer Brian Edwards-Tiekert.
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Just as the lawsuits that set up the Local Station Board elections never went to trial but were instead settled, so too will all the other lawsuits be settled for the simple reason that any jury looking at the budget will realize that the payroll, which must be met first according to federal law, is far too big for the revenue. Mitch Jeseritch should also be dismissed from Pacifica as he and Edwards Tiekert hired the fascist Republican Party law firm (who actually paid the bill is unknown and I do not believe such non-monetary election case would be on contingency) and keeping him at the station is encouraging fascism at KPFA. We had the fascists at KPFA back in the 1950s, and the movements of the 1960s and 1970s got rid of the illusion that Pacifica has any room for them. Any Alameda County jury will be outraged that this Thug Hallinan Gang aka Wellstone Democratic Club and friends, in this instance, Tiekert and Jeseritch, have hired a Republican Party law firm. That fact may not be heard the courtroom, but is now on the Internet for the whole world to read. See:
http://www.indybay.org/newsitems/2010/12/02/18665482.php?show_comments=1#18665499
Continue to support Englehardt and demand that Mitch Jeseritch be layed off, and the sooner, the better. The lawsuits are not going anywhere; most lawsuits are settled and in the rare instance they go to trial and the plaintiffs actually win anything, the verdict can and will be appealed, staying the judgment. If it is possible to set up a legal defense fund for Pacifica, please do so and let us know how we can contribute. We will not let the Democrat-Republican parties destroy Pacifica.
http://www.indybay.org/newsitems/2010/12/02/18665482.php?show_comments=1#18665499
Continue to support Englehardt and demand that Mitch Jeseritch be layed off, and the sooner, the better. The lawsuits are not going anywhere; most lawsuits are settled and in the rare instance they go to trial and the plaintiffs actually win anything, the verdict can and will be appealed, staying the judgment. If it is possible to set up a legal defense fund for Pacifica, please do so and let us know how we can contribute. We will not let the Democrat-Republican parties destroy Pacifica.
For more information:
http://www.indybay.org/newsitems/2010/12/0...
You read that correctly. Democrat Obama has awarded the fascist former President George HW Bush, Senior a Presidential Medal of Freedom. I wonder if the Wellstone Democratic Club/Thug Hallinan Gang/Tiekert-Jeseritch plaintiffs are proud of the obvious glorification of fascism by their fellow fascist Democrat Obama. Read more of the pardons and medals from fascist Obama at:
http://www.indybay.org/newsitems/2010/12/04/18665615.php
http://www.indybay.org/newsitems/2010/12/04/18665615.php
For more information:
http://www.indybay.org/newsitems/2010/12/0...
The fact that Pacifica is ignoring its own bylaws regarding the budget opens up the possibility of these suits. The plaintiffs don't seek money, they seek a Foundation that follows its own bylaws and doesn't show complete ignorance of California laws regarding corporations as well. The attempt by the ICR faction to take over KPFA (via a sympathetic Pacifica) by ignoring the democratically expressed views of staff and listeners will be rebuffed by any means necessary.
is a bit nuts.
The board of the Pacifica Foundation is the Pacifica Foundation Board of Directors. That is who approves the annual budgets.
You can go to court as much as you like, but if the local committee didn't approve a budget after the fiscal year began then it is the responsibility of the governing board to approve one, with or without them.
Neglecting bylaws-approved duties means one may not get to exercise them...
KPFA's fiscal year began on October 1st. The stations management failed to produce one until October 15th. And the one they produced at that late date didn't add up.
The board of the Pacifica Foundation is the Pacifica Foundation Board of Directors. That is who approves the annual budgets.
You can go to court as much as you like, but if the local committee didn't approve a budget after the fiscal year began then it is the responsibility of the governing board to approve one, with or without them.
Neglecting bylaws-approved duties means one may not get to exercise them...
KPFA's fiscal year began on October 1st. The stations management failed to produce one until October 15th. And the one they produced at that late date didn't add up.
To Union: Follow the very Contract you approved, and accept that layoffs must occur by Seniority.
And don't sell out your workers to Wal-Mart Health Care plans.
(and by the way: QUIT acting as if you represent 'The unpaid staff' at kpfaworker.org
As of the big meeting on Sunday night, you DON'T.
To the Station Board: Govern the Organization as per the Bylaws already.
And MORE Transparency, especially with the Finances in the coming months.
No cooking of books....
To Management: When your programmers put your license in jeopardy, DISCIPLINE THEM right away. The Paid Staff does NOT Own the Station for their personal, self-serving issues.
To ALL: what is cheaper? A) engage in expensive lawsuits; B) redo the Staff Election
And don't sell out your workers to Wal-Mart Health Care plans.
(and by the way: QUIT acting as if you represent 'The unpaid staff' at kpfaworker.org
As of the big meeting on Sunday night, you DON'T.
To the Station Board: Govern the Organization as per the Bylaws already.
And MORE Transparency, especially with the Finances in the coming months.
No cooking of books....
To Management: When your programmers put your license in jeopardy, DISCIPLINE THEM right away. The Paid Staff does NOT Own the Station for their personal, self-serving issues.
To ALL: what is cheaper? A) engage in expensive lawsuits; B) redo the Staff Election
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