GOOD NEWS — Two important updates for members at all Pacifica stations:
- Pacifica Finally Settles Its Long, Strange Legal Trip —
And Big Changes Are Coming - New Day Pacifica and the Pacifica Foundation Reach a Landmark Settlement – A New Beginning for Pacifica
Details on both of those follow.
1. Pacifica Finally Settles Its Long, Strange Legal Trip —
And Big Changes Are Coming
Dear Friends of Pacifica,
We come to you now not merely with news, but with the unfolding of a new chapter in a long and turbulent story—a story of ideals, of struggle, and, at times, of painful self-examination.
On April 10, 2025, the Los Angeles Superior Court signed a Final Judgment that brings to a close years of legal contention surrounding the governance of Pacifica Radio. But this is not the end of the story—it is, we believe, the beginning of a wiser and more sustainable future.
This agreement is not a surrender by any side. It is not a victory lap. It is, in the best sense, a reconciliation—an effort to preserve what is worth keeping, and to improve what must change.
What Led Us Here
In 2021, a broad coalition of Pacifica listener-members and staffers—many of them volunteers, lifelong listeners, and committed supporters—voted for a series of reforms aimed at strengthening the foundation of the network. This movement, called New Day Pacifica, sought to modernize governance and improve transparency.
But as is often the case in democratic experiments, the road was far from smooth.
Legal questions were raised. Did the majority staff need to vote yes, separately from the Listeners? Were all staff votes, particularly those from WBAI in New York, verified and valid? Pacifica’s existing leadership pushed back, challenging the vote’s legitimacy under the existing bylaws. And so, a long legal process began—slow, contentious, and often difficult.
As the case moved from argument to discovery, it was revealed that Pacifica’s requirement for verifying unpaid staff eligibility—specifically, the rule requiring 30 hours of supervised work over three months—was nonexistent at WBAI. There were no time records. No verifications. Just names.
Attorneys for New Day were preparing their arguments for trial: that these unverified votes should be discounted. If that happened, the New Day bylaws would have passed decisively among both listeners and qualified staff.
A court hearing loomed. The stakes were high. And the risks were very real.
The court then ordered both sides to seek mediation.
Choosing a Better Way
The outcome was a settlement—agreed to by people who, despite deep differences, share a belief in Pacifica’s importance .
Rather than risk a sudden judicial restructuring, the Pacifica National Board chose reform over revolution. The result is a set of 2025 Pacifica Bylaws that blend the historic foundation of Pacifica with many of the core ideas from the New Day proposal. It is not perfect. But it is progress. And the Final Judgment, instituting the 2025 Revised Bylaws has been signed by the Judge,
Key Changes to Pacifica’s Governance
Here’s what will change—and when:
A Smaller, Stronger National Board
- The Pacifica National Board will shrink from 22 to 15 members, making it more nimble and focused.
- Starting in 2026, Pacifica members will directly elect:
- One listener representative per station area
- Two national staff representatives
- Four national officers elected by all members
- Two At-Large directors appointed by the Board
- Two Affiliate representatives
More Meaningful, Less Frequent Elections
- National elections will now occur every three years, instead of the exhausting near-constant cycle we’ve known—saving time, money, and focus.
Refocused Local Station Boards (LSBs)
- LSBs will shift away from internal governance toward community building, fundraising, and local outreach.
- Vacant LSB seats will now be filled by the LSB itself, not automatically by prior election runners-up.
The above LSB changes have now gone into effect. Current LSB members will serve until 2027, when smaller LSBs will be elected.
Most changes will begin rolling out with the 2026 election cycle, becoming fully operational by 2027.
Beyond Bylaws: What This Really Means
Let’s be honest: Pacifica has been through a difficult period. Governance gridlock. Financial strain. Declining listenership. And yet—through it all—something essential has endured.
What this settlement affirms is not just a new legal structure. It affirms the possibility of cooperation, and the necessity of reform. It acknowledges that Pacifica, like the country it serves, must keep evolving—without losing its soul.
This network was born in an era of deep cultural change. It gave voice to movements for peace, civil rights, workers’ justice, and democratic renewal. It is no less needed now than it was then.
Looking Ahead
In moments like this, we are reminded of something we’ve seen over and over in public life: that democracy doesn’t depend on perfect people—it depends on people willing to work together, despite their imperfections.
The reforms now underway are only the beginning. The real work will be in how we live out these changes—with integrity, with transparency, and always in service of the public interest.
Pacifica has never belonged to a single person, ideology, or board. It belongs to you—the listener, the staffer, the community volunteer, the donor who believes that truth still matters, and that media can be a public good.
Let’s honor that trust by rebuilding with care, listening and giving generously, and remembering why we came together in the first place.
With gratitude and hope,
The New Day Team
On behalf of those working toward Pacifica’s renewal
2. New Day Pacifica and the Pacifica Foundation Reach a Landmark Settlement
A New Beginning for Pacifica
After four long years of legal strife, Pacifica Foundation and New Day Pacifica have reached a settlement in the case that has dominated the organization’s attention and resources since 2021. This lawsuit, filed by Pacifica itself, aimed to halt the implementation of the New Day Proposed Bylaws Revision, a reform package definitively endorsed by 55% of Pacifica members. More than 6,800 listeners and staff members from across the nation voted for these changes, hoping to guide the network out of the financial and structural crisis that had threatened to unravel it.
In a court-ordered mediation, the two sides — New Day Pacifica, a group of current and former board members, staff, and listeners, and Pacifica itself — found common ground. This hard-won settlement, finalized in April 2025, will now update the Pacifica Bylaws, incorporating many of the provisions that had been passed by the membership in the 2021 referendum. A referendum that was, let’s not forget, the result of a year of debates, discussions, and contentious votes.
The settlement has been ratified by the Pacifica National Board (PNB) and approved by the court, which ordered that the new set of Updated, Consolidated 2025 Pacifica Bylaws take effect immediately.
The court order, signed by the judge, and which contains all of the revised Bylaws, is at newdaypacifica.org/wp-content/uploads/2025/05/Pacifica-Bylaws-Final-Stipulated-Judgment-Signed-by-Judge-2025-04-10.pdf
Read the press release on the Bylaws settlement from the Pacifica Executive Director.
A Settlement That Matters — And Will Begin to Make a Difference Right Away
The promise of this settlement is not just in the legal documents or the bylines. Its real impact will be felt immediately.
With the adoption of the revised Bylaws, Pacifica will now have a clearer, more nimble management structure. The Executive Director will have the flexibility to hire permanent General Managers and staff at each station based on qualifications and experience, rather than being mired in the personal and often divisive politics that have plagued the network for years. This means that General Managers, with fewer distractions, can focus on what really matters — high-quality, mission-driven programming that attracts more listeners, increases community engagement, and, ultimately, raises much-needed donations.
For years, the network’s governance structure was seen as unwieldy and inefficient, a barrier to progress. Now, the number of members on the Pacifica National Board (PNB) will be reduced from 22 to 15, a move that has long been advocated by the Corporation for Public Broadcasting and Pacifica’s auditors, The large, governing board structure — which included 120 members (24 members on each of five Local Station Boards (20 of whom were elected to the PNB) was simply too cumbersome and, often, a source of dysfunction and internal strife.
By cutting down the size of the National Board and refocusing Local Station Boards on fundraising, outreach, and member engagement, Pacifica will be in a better position to rebuild its relevance and financial stability. It’s a start, not an end, but a start that many believe has been long overdue.
Financial Relief and Strategic Direction: A Vision for the Future
One of the most immediate effects of this settlement is financial. By avoiding a prolonged legal battle, which would have drained precious resources, Pacifica is saving tens of thousands of dollars that can now be redirected toward operations and programming — the lifeblood of any listener-sponsored network. These savings are not just a reprieve; they represent an opportunity to invest in Pacifica’s future, ensuring that it can continue to serve the communities that depend on it.
PNB Director Zack Kaldveer aptly put it, saying, “I support these long-overdue reforms that will bring efficiency, accountability, and real democracy to Pacifica’s governance. This settlement is a major step forward, ensuring key decisions are made by people who understand broadcasting, making the Board more effective, and finally delivering the changes members have demanded for years and conclusively voted to enact but were denied.”
This, after all, is what democracy at its best looks like. It is about responding to the will of the people — in this case, the members who voted decisively for change in 2021, but whose wishes had been delayed and obstructed. This settlement acknowledges that their voices have finally been heard.
A Renewed Pacifica: A Vital Force for Democracy and Justice
Perhaps the most significant aspect of this settlement is the potential it unleashes. Pacifica, with its five stations in major metropolitan areas and approximately 200 affiliates nationwide, has always had the potential to be a major force for truth and justice in American media. In an era where corporate consolidation and media monopolies dominate the landscape, Pacifica’s mission — to provide independent, truth-to-power journalism — has never been more essential.
Now, with a smaller, more focused board and a renewed commitment to serving its listeners and communities, Pacifica is poised to reclaim its place as a beacon of democratic engagement and critical inquiry. In the midst of deepening political and social divides, Pacifica has the tools to be part of the solution: a diverse network of voices, united by a common purpose, speaking truth to power and bringing the news that matters to those who need it most.
This is the promise of the settlement, and this is the vision for Pacifica’s future.
The road ahead for Pacifica is still challenging, but this settlement represents a pivotal moment — a turning point in the life of the network. There is work yet to be done, but at least now the path is clearer, and the hope of a renewed Pacifica, ready to fulfill its mission in a time of crisis, is within reach.
In the end, this settlement isn’t just about legal compromises or procedural changes. It is about the future of independent media and its role in a democracy that desperately needs voices that are not beholden to the corporate elite, but instead to the people.
The Ink’s Dry, the Mic’s Hot—Now Tell Us What Pacifica Oughta Be!”
Well, the ink’s barely dry on the Revised 2025 Pacifica Bylaws, and now it’s time to roll up our sleeves and get to work. The New Day Pacifica crew wants to hear from you—yes, you—about how we can make Pacifica and your local station better, bolder, and a whole lot more people-powered.
We’re not some corporate outfit with slick consultants and a 50-page PowerPoint. Nope—we believe real wisdom comes from the base. So if you’ve got thoughts, gripes, hopes, or wild ideas about programming or the direction of Pacifica, now’s the time to speak up.
And don’t stop there—pass this survey (link) around like cornbread at a potluck. Got friends who listen now, used to tune in, or might be future fans? Share it with ’em! Pacifica is a living, breathing thing—and it oughta reflect the folks who care about it.
So take a minute (or three) and fill out this short survey to help shape the future of Pacifica and your station. It’s short, sweet, and mighty important.
Thanks a heap—and keep raising your voice.
Click to fill out this Short Survey
Thank You
Thanks for supporting New Day Pacifica as we work to make sure Pacifica gets through its governance and financial crisis. Your donation to New Day Pacifica will support our efforts to see that our stations and our mission not just survive but grow and have more significance!
Note: Presentations by panelists in the June 24, 2023 special online forum on Revitalizing Pacifica Radio are here and here. Related articles are here and here.
Click for more updates (legal and more) that you may not have heard about.
Fact vs. Fiction
Nov. 29, 2022 update:
Pacifica’s general legal counsel, Arthur Schwartz, has continued making false and inaccurate statements, and these have not been limited to what he’s told Pacifica Board members, staff, and listeners. Earlier this month, as part of the lawsuit he filed against New Day Pacifica (NDP), he submitted papers to the Court which included many such false and inaccurate statements, some old and some new.
New Day Pacifica filed a response brief with the court addressing these misstatements of fact. It’s in an easy-to-read Fact vs Fiction format. You can read it (and save to your computer if you wish) from the file on our web site at NDP Reply Brief filed with court.pdf — Skip to page 3 of the brief – page number at the bottom of the page (page 8 of that file) for Part II, for the Fact vs Fiction section.
Fortunately, you don’t have to believe what either we or Mr. Schwartz say about what the New Day Bylaws will or won’t do. You can read and download the New Day Bylaws text here. The Provisos in the last few pages deal with the transition from the current governance system to the new one – something that Mr. Schwartz continues to misrepresent. And if the court rules in New Day’s favor, that transition to a brighter future for Pacifica will begin soon.
We realize many Pacifica members have been deeply concerned by things told to them by those in control of Pacifica, in their attempts to delay or prevent governance reform, but we do believe the arc of the moral universe does bend towards justice, even if that happens much slower than we’d like.
Anti-Democratic Actions by those in control of Pacifica
New Day reprinted an article explaining recent anti-democratic actions by the powers that be in Pacifica, and originally published by DOWN WITH TYRANNY. These actions have included:
- not recognizing the majority vote of the members to update the Bylaws
- disqualifying winning KPFK Delegate/LSB candidates in the 2021 elections
- and now, threatening to cancel the Bylaw mandated 2022 Delegate/LSB elections, illegally extending the terms of Delegates whose terms have expired or worse yet, replacing the currently elected Delegates who were elected, but whose terms have expired, with those candidates who lost and were rejected by the membership.
Click to send a letter (that you can edit), to the Pacifica National Board (PNB) and the Pacifica Executive Director, in protest of the above plans and about your feelings concerning the PNB’s betrayal of democracy and failure to fulfill the Pacifica mission.
See the recent article in Down With Tyranny, signed by a number of Pacifica members: “Pacifica Radio Is In A War Over Democracy… Its Members Are Fighting For Her Survival“
J’Accuse…! New Day Pacifica is accusing Pacifica governance of:
- Financial mismanagement for the last 10–20 years,
- Deliberate or incompetent destruction of the excellence in broadcasting that is Pacifica’s heritage,
- Driving the Foundation to the brink of bankruptcy, and
- Stealing the Pacifica national election as well as the local election at KPFK.
Read the article with details on the above, plus news updates about recent NDP legal victories.
The Pacifica Majority Seeks Democracy and the Survival of Our Network (click to read and sign the Pacifica majority letter)
Watch the Pacifica Majority Zoom presentation about seeking democracy and Pacifica’s survival. Tentative plans are for there to be follow-up presentations in related topics every two weeks, so check back here for details.
Read New Day’s 10-Point Plan to Save Pacifica, and why it’s so critically needed.
Read the Jan. 2022 letter from Fred Blair, KPFK LSB member and 2021 Treasurer, stating how “dire” the financial situation has become.
Since then, Pacifica’s finances have become even worse. Readers should know that most of KPFK’s biggest fundraisers have left or been driven away in the last few months. This also demonstrates how Pacifica’s leadership has failed.
Read the first amended cross-complaint filed by New Day Pacifica (NDP) in court in response to Pacifica’s lawsuit against NDP, to find out why what Pacifica’s opposition to implementing the NDP Bylaws (which got a 55% YES vote by Pacifica members) is so strange. Go to the yellow highlighted parts in the document to see the key parts and skip over all the legalese.
Read the December 2021 update
Read more about Pacifica overriding the democratic vote of its members and another article about how Pacifica claimed a dubious victory.
Click for Update on New Day Pacifica Bylaws Referendum
Big Changes Needed – So Pacifica Can Survive for Future Generations
New Day Pacifica is a group of Pacifica listeners and staff who want to save Pacifica and keep it from crashing out of existence in the next year. We include current and former Board members, staff and lots of long-term listeners concerned about the existential crisis at Pacifica.
The need for Pacifica is as great as ever, but the current reality of Pacifica is a mix of good and very troubling bad.
Overall Pacifica’s governance and resulting finances are poor and getting worse. We need new bylaws and a new Board structure to be able to address these issues.
UPDATE – July 13, 2021 – 56% Vote Yes to Save Pacifica in Democratic Vote for Change, but Pacifica wrongly declares bylaws lost
Thanks to the 6820 members (both listeners and staff) who voted Yes to save Pacifica.
Pacifica management and board majority, however, declared that the New Day bylaws referendum lost, contending that a staff veto trumps the will of the Pacifica Majority. New Day is contesting that decision and will use all available political and legal means to get the Vote Yes-NDP bylaws changes recognized and implemented.
We won this referendum by a solid and democratic majority of listeners and staff—despite Pacifica management’s announcement to the contrary.
Vote Yes-New Day Pacifica will work through the various legal and political channels available to us with your support to appeal and reverse this wrong-headed decision which allows those individuals responsible for Pacifica’s financial and organizational crisis to stay in charge at Pacifica. Pacifica needs to immediately recognize the membership’s decision to approve and implement the New Day Pacifica bylaws proposals so we can save Pacifica and all five radio stations, archives and affiliates.
NDP Bylaws Referendum Results
Pacifica is using a “staff veto” theory to justify declaring that Vote Yes lost. Pacifica posits that since the New Day proposals affect the staff, if the staff reject the proposals the vote of the overall membership is irrelevant and the proposals fail. The irony of Pacifica’s management professing concern for the opinion of Pacifica’s staff while overseeing the gutting of Pacifica staff’s benefits should not be lost on anyone. (Pacifica recently eliminated employer-paid family health insurance at KPFK and is planning to gut existing severance language protections to facilitate laying off long-term staff at KPFK.)
Question: so how will New Day appeal/overturn the bylaws decision? Answer: New Day yesterday requested arbitration as per our December 4 agreement with Pacifica to use arbitration to resolve election issues to “avoid litigation and expense to the Pacifica Foundation.” Even given this agreement, Pacifica has already hired another expensive law firm to prepare for a court fight, clearly hoping to bankrupt New Day Pacifica due to court costs.
Donations still essential
Please donate $5 to $500 (or more) for legal costs to ensure the membership’s Vote Yes decision to save Pacifica is respected. We have $10,000 remaining in donations from you, but estimate we need to raise another $40,000 to win in court. Thanks to the more than 800 members who have donated so far to support New Day Pacifica’s efforts to save Pacifica.
Read more about how the faction controlling Pacifica is ignoring the members’ vote to approve the New Day Bylaws, and how New Day Pacifica plans to fight for members’ rights.
Please check back here regularly for updates.
Click to ENDORSE THE NEW DAY PACIFICA BYLAWS
See the STAFF ENDORSEMENTS and urgent message from Staff
Here are some of the disasters resulting from the chronic dysfunction of Pacifica’s National Board.
- Pacifica has failed every audit since 2015.
- Pacifica was just kicked out of the Corporation for Public Broadcasting. Before that, Pacifica’s Board had forfeited nearly $7 million dollars in CPB grants since 2013.
- Pacifica has no money to pay a $3.2 million loan payment due September 2022; we could lose Pacifica’s last three buildings as a result.
- Pacifica has no financial reserves and is close to financial collapse.
We are proposing New Day Pacifica bylaws to ensure accountability by Pacifica’s leadership to the listeners and members so that Pacifica’s mission is always front and center. The New Day bylaws ensure a national rather than parochial perspective, encouraging solidarity between the five stations, affiliates, and archives, so we can learn from each other and move forward together.
We are proud to announce that Sharon Kyle, co-editor of social justice magazine LA Progressive will serve as Transition Chair (if Pacifica members vote in favor of the New Day Bylaws), along with Jan Goodman of KPFK as Vice-Chair, Lynden Foley of KPFT as Treasurer, and Akio Tanaka of KPFA as Secretary.
Some highlights of the New Day bylaws:
- The size of the New Day National Board is significantly smaller (15 rather than 22), allowing the Board to function in a well-organized and more democratic manner.
- For the first time ever, Pacifica listeners and staff will elect the most important policy-makers in Pacifica, the National Officers and National Board. This will ensure accountability to the membership.
- The Local Station Boards will refocus on fundraising, community outreach and local oversight of the station, not unproductive management duties.
- Most of the current bylaws are unchanged, such as $25/year dues, 3 hours volunteer time in lieu of dues, 10% quorum in a membership election, Pacifica’s diversity commitment. Pacifica staff and affiliates will continue to be represented on the Board.
New Day Pacifica National Officers and Board will hit the ground running.
Top priorities of a New Day Board (if Pacifica members vote in favor of the New Day bylaws): avoiding the financial disaster that would come with a missed loan payment, strengthening programming nationally and a vigorous fundraising and membership program.
See the updated and expanded list of Frequently Asked Questions
Please join us in working for a New Day for Pacifica.
Click to ENDORSE THE NEW DAY BYLAWS
Sincerely,
Sharon, Jan, Lynden, and Akio
(left to right): Sharon Kyle, Jan Goodman, Lynden Foley, and Akio Tanaka