Thanks to the 6820 members (both listeners and staff) who voted Yes to save Pacifica.

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: is a “staff veto” of bylaws proposals ever permitted under the Pacifica bylaws and California non-profit law?

Yes, but only in the most extreme circumstances where the bylaws proposals would “materially and adversely affect the rights” of the staff “as to voting or transfer in a manner different than” such action affects the listener-members. (See the Pacifica Bylaws, Article 17, sections 1B-3 and 1B-4). The New Day Pacifica proposals do not “materially and adversely” affect Pacifica staff’s rights, so the membership’s majority decision (which includes both listeners and staff) should determine that Vote Yes won the referendum.

Question: doesn’t Pacifica staff support Vote Yes-New Day Pacifica?

Yes! Staff at KPFA, KPFK and KPFT overwhelmingly support Vote Yes-New Day Pacifica to save Pacifica, all five stations, the archives and affiliates. Vote Yes-New Day Pacifica also has some staff support at WBAI and WPFW. However, Pacifica management at WBAI (GM and PD) and WPFW (PD) used their positions at Pacifica management to coerce staff into voting No after they publicly endorsed Vote No this year. Last year WBAI management was even caught ordering staff to produce vote No receipts to prove they were loyal staff members!

Question: so how will New Day appeal/overturn the bylaws decision?

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 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.

Pacifica confirmed yesterday that they are selling the KPFT building in Houston to pay down a small portion of Pacifica’s $3.2 million loan that is due October 2022. KPFT is being forced to trade a fully paid off property that they own for monthly rent at a new property. KPFA and KPFK Buildings Also in Jeopardy of Sale or Lease Pacifica just announced plans for “the lease or sale of certain properties” (more than just KPFT building) “to provide sufficient cash flows to properly service the debt and provide sufficient working capital to satisfy ongoing operation expenditures and related commitments (such as payroll and related benefits)” (Pacifica audit for FYE 9-2020 filed June 30 2021, page 28). In other words, Pacifica will be selling or leasing the KPFA and/or KPFK buildings to pay its ongoing expenses including payroll and help pay off the $3.2 million loan.

WBAI Unpaid Bills as of May 19, 2021* (at least 90 days overdue) Accrued Pension $104,114.58 Health Care Bill Back $91,009.60 Pacifica National Office $512,443.62 Pacifica Radio Archives $214,384.50 Payroll Expenses $170,452.79 TOTAL $1,091,905.09 WBAI Monthly deficit: $26,693.87* (average monthly deficit October 2020-April 2021) *WBAI Treasurer’s Report, June 9, 2021 R. Paul Martin, WBAI Local Station Board Treasurer

Join Pacifica Staff in Voting Yes

Pacifica just failed another financial audit (FYE 9-30-2020) For the sixth year in a row, Pacifica’s independent auditors determined that there is “substantial doubt about the organization’s ability to continue as a going concern” (pages 2, 27-30), which is auditor language for failing an audit. Some of the main points in the audit: * Pacifica owes over $665,000 in unpaid pension costs, including $547,000 in late filing penalties, assessments and interest (page 24). * Pacifica’s current deficit is $1.7 million, which does NOT include the $3 million balloon payment due October 2021 (page 27). * Pacifica received a much-needed $1.2 million grant under the federal CARES Act, which prevented the deficit from being even more significant (page 17). KPFA, KPFK and KPFT buildings in jeopardy of sale or lease In the audit, Pacifica announced plans for “the lease or sale of certain properties” to provide sufficient cash flows to properly service the debt and provide sufficient working capital to satisfy ongoing operation expenditures and related commitments (such as payroll and related benefits)” (page 28). The national board’s recent decision to sell the KPFT building was discussed at the June 15th KPFT Budget/Finance Committee meeting. Pacifica only has 3 properties, the KPFA, KPFK and KPFT buildings.

Breaking News: Danny Glover Never Endorsed Vote No

New Day Pacifica’s Jan Goodman talked with Danny Glover on Friday and was surprised to learn that Glover has not endorsed Vote No efforts this year, despite his name and picture being plastered all over the Vote No emails, websites and on-air commercials.

Last year Glover did oppose the very different bylaws referendum that lost, but has stayed neutral this year. It’s a classic campaign dirty trick. FYI, the small print on the Vote No website does show that the Glover interview was from last year (February 20, 2020).

Glover asked that his name and picture be removed from all Pacifica materials and commercials, saying “The most important thing to me is the survival of Pacifica. I know that there are good people on both sides of the bylaws issue, and I am confident that no matter what happens with the bylaws, the goal will be to save our precious Pacifica. P.S. Please take my name and likeness off any and all endorsement lists/statements. Danny Glover” (June 14, 2021 email sent by Glover’s Communications Director)

The current bylaws have failed Pacifica. Vote Yes to Save Pacifica. * Pacifica has forfeited over seven million dollars in no-strings-attached CPB funding (Corporation for Public Broadcasting). * Pacifica has failed every financial audit since 2013. * Pacifica has a $3.2 million loan payment due October 2022—and no reserves to pay it. * Pacifica has burned through 17 executive directors in 18 years, leaving Pacifica essentially leaderless for 18 years. Pacifica needs a rescue plan to keep the ship from sinking.

New Day Pacifica 10-Point Plan to Save Pacifica Overall goals: * Reaffirm Pacifica’s educational, cultural and social justice mission and Pacifica’s commitment to diversity. * Recommit to all five stations—KPFA, KPFK, KPFT, WBAI and WPFW and the unique identity and audience of each station. * Recommit to great progressive shows and music reflecting Pacifica’s diversity. * Recommit to independent radio, no corporate underwriting. 1. Hit the ground running. First meeting of new 10-person elected national board 10-15 days after the referendum. Full 15-member board including 2 staff directors and 3 at-large “experts” directors by third board meeting. 2. Hire a media-experienced Executive Director to captain the Pacifica ship, overseeing the day-to-day running of the five stations, archives and affiliate network and providing strategic guidance, planning for the Foundation and board. We need media-experienced staff leaders who know how to run a radio network, working with paid and volunteer staff, committed to independent media that is listener-supported. 3. Stop any further staffing cuts at each station if at all possible, stabilize programming at each station. When a popular radio hosts leave, our listenership suffers; it takes months to years to build listenership back up. 4. Emergency fundraising plan. Progressive funders, celebrities, and major donors care about Pacifica’s survival and want to help us. 5. Assess programming at each station. What shows have a listenership, which ones don’t, which ones are strategically important and need a plan to increase listenership. Critical guidance here by experienced staff leadership. 6. Build off of best practices in fundraising and programming already within the Foundation. Create a culture of solidarity and support between stations. End station rivalries. 7. Off-air membership drive led by thousands of Pacifica members to double our membership at each station. 8. Develop a detailed plan to win back Corporation for Public Broadcasting funding totaling one million dollars or more a year. Needs to be a step-by-step detailed plan with timeline and goals, not just an aspirational one. 9. Develop a detailed plan to address the $3.2 million debt that is now due October 2022–in just 14 months. Again this needs to be a step-by-step detailed plan with timeline and goals, not just an aspiration one. 10. Develop a Diversity and Inclusion plan.