by Jan Goodman for New Day Pacifica

In this message, I want to address the myths and falsehoods that have been circulated about me and New Day Pacifica. I’ll provide detailed explanations, including references to the New Day Bylaws, to dispel the misinformation that has been perpetuated.

Myth: New Day and its supporters are Pro-War, Corporate Democrats.

Fact: All New Day-endorsed candidates for the KPFK LSB, were/are Bernie Sanders supporters. If supporting Bernie and his platform makes us pro-war, corporate Democrats, then so be it.

Myth: New Day and its endorsed candidates attempted to shut down WBAI in 2019 and still want to shut down WBAI and/or WPFW.

Fact: In 2018, WBAI and Pacifica were slapped with a judgment by the Empire State Building related to WBAI’s non-payment of transmitter rent. I, Jan Goodman, fought against Bankruptcy and helped create a bridge loan to save WBAI and Pacifica. At that time, I (& others) put our own retirement money up to save WBAI & Pacifica. If anyone wanted to shut down WBAI, that would have been the moment, but we fought for network solidarity. In 2019 New Day wasn’t even in existence. New Day Pacifica was formed in 2020, when/because the related $3 Million loan was coming due and there was no plan on how to pay it back.

Myth: The New Day Bylaws are undemocratic with un-elected top-down leadership.

Fact: Under the New Day Bylaws, Pacifica members, for the first time, will democratically elect their Station’s National Board Member, directly, and every member, democratically and directly, will vote for and elect the National Officers. As opposed to the present, electoral college type system in which members only get to vote for Local Board Members, and then the Local Board Members vote for the National Board Members, and then the National Board members vote for the Officers.

This change aligns with the trend in progressive organizations and unions to move towards direct elections of leaders. (1)

Myth: LSBs are eliminated under the New Day Bylaws.

Fact: Local Station Boards continue to play a vital role under the New Day Bylaws. Reinvigorated Local Station Boards will actively support their stations with fundraising, community feedback on the station’s programming, and help doubling the station’s membership. They will no longer elect the PNB because listeners will do that directly. This allows LSBs to qualify as “Community Advisory Councils.” Plus, helping Pacifica obtain grants. The New Day Pacifica Bylaws have an entire section (Article 6) dedicated to Local Station Boards – see the New Day Bylaws.

Myth: Non-Profit Community Radio means non-professional sounding radio.

Fact: Pacifica has a history of professional, high-quality radio. Program quality has declined, but New Day aims to restore Pacifica’s quality, content and professionalism.

Myth: New Day has tried to destroy Pacifica by lawsuits.

Fact: It was Pacifica which initiated litigation against New Day Pacifica to block the implementation of the New Day Bylaws, which 55% of Pacifica members voted in favor of.

Our beloved Pacifica is facing serious challenges, including financial instability and declining program quality. It’s time for a change to save our network from further decline. Please support New Day-endorsed candidates in the Delegate/LSB elections and cast your ballots before the voting deadline (see newdaypacifica.org).

Myth: Under New Day, four officers would be running Pacifica without a board and would probably shut down WBAI.

Fact: The four officers would never serve alone. The first board meeting, would take place within 2 weeks of the New Day Bylaws being implemented and in attendance would be both 5 elected Directors from each station and the four officers. (See New Day Bylaws Proviso 2B P. 54 and Proviso 3 p. 58)

FOR A DEEPER DIVE, READ ON

[1] Guide to New Day Bylaws: Under the New Day Bylaws, the listener members at each station directly elect their Directors to the Pacifica National Board (PNB) – See NDP Bylaws, Art. 4 Sec. 3D, and nationally, the staff elects two Directors directly to the National board Art. 4, Sec. 3C.

In addition, all members directly elect the National Leadership (Chair, Vice-Chair, Secretary and Treasurer) – Art. 4 Sec. 3B. But under the present bylaws, the election of the National Board Members is “2 generations” removed from the members, and the election National Officers is “3 generations” removed from the members.

It should be noted that there is a trend among progressive organizations labor unions (e.g. UAW & Steel Workers) to go from the “delegate” model to the Direct Election vs. Delegate Model, with the thinking that the directly elected Directors and officers will be more responsive to the membership who elects them. In fact, the election of the current very independent and reform oriented President and leader of the current UAW strike is credited to the fact that he was the first directly elected President of UAW, as opposed to previously elected Presidents, who were elected by delegates—typically entrenched “leadership”.

The New Day Bylaws in which the President, Vice Chair, Secretary and Treasurer follows this democratic/direct election trend. Representatives of the Affiliates also directly elect their own Director to the PNB, Art .4 Sec. 3E. All 12 of these Directors then elect 3 “At Large” Directors, Art. 4 Sec 15, to bring in expertise and other perspectives the Directors feel are missing (For example – labor, community organizing, social media, fundraising expertise, racial or gender balance or etc.) creating a Pacifica National Board of 15 members. NDP Bylaws, Art. 4, Sec. 3. Pacifica members voted for officers during the same election that the New Day Bylaws were voted upon.

Fact: Under the present regime, there are 120 people involved in elected governance – a number which our own auditors (and common sense) state is too large and too dysfunctional. This 120 people, each of 5 Local Station Boards (LSB) consists of 24 members. Listener members at each station elect 18 LSB Member/delegates, and Staff Elects 6 Staff LSB members. (Note: Virtually no one knows even 9 candidates running for the LSB at any one time. Voters report that they feel lucky if they know someone who knows someone who can make recommendations about who to vote for in LSB elections).

Those 24 LSB member/delegates from each station elect, from among themselves, 3 Listener Directors and 1 Staff Director from each station to the Pacifica National Board (PNB) (Note: It might be noted that since Listeners comprise 75% of each LSB, the Staff Directors are essentially elected to the Pacifica National Board (PNB) by the 75% Listener/Delegates, not by the staff, thus making the PNB even more non-democratic.

To recap: The LSBs at 5 stations each elect 4 Directors. For a total of 20 PNB members.

These 20 PNB members elect 2 Affiliate representatives.

These 22 PNB Directors then elect the Chair, Vice-Chair, Secy & Treasurer of the National Board.

To Recap: Members elect the 120 LSB members, who elect the 22 PNB members who elect the 4 Officers. Thus the leadership of Pacifica is currently “3 generations” away from the members – as opposed to the New Day proposal whereby the members directly elect the leadership. QUERY: WHICH IS MORE DEMOCRATIC?

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Much has been written about Pacifica’s handling of the KPFK Local Station Board election in the fall of 2021, as well as of the New Day Pacifica (NDP) Bylaws referendum last summer. Unfortunately, much of what has been written by Pacifica’s General Counsel on behalf of Pacifica’s current National Board (and even to the Board) is incorrect.

Here are the basic facts:

1. Candidates endorsed by NDP did nothing to warrant disqualification; Pacifica violates prior agreement with NDP.

Last fall New Day Pacifica (NDP) — the sponsors of the new, yet-to-be-implemented bylaw amendments approved in June 2021 by a majority of Pacifica’s membership — got permission from Pacifica to send out a postcard to Pacifica members, endorsing 8 candidates running for the KPFK Local Station Board. This postcard also asked members for contributions to help defray legal expenses incurred by New Day in defending against a lawsuit filed by Pacifica, a lawsuit which violated a previous agreement to settle all disputes through binding arbitration. The endorsed candidates played no part in the content or sending of this postcard, other than agreeing to be endorsed and supplying a picture and this was immediately communicated to the National Election Supervisor (NES), when she later complained about the postcard.

2. Pacifica’s NES and General Counsel voice objections and prescribe remedies.

The National Election Supervisor (NES) Renee Penaloza and Pacifica Counsel Arthur Schwartz objected to New Day using this postcard mailing to solicit funds for anything other than the LSB election, asserting that this violated California Corp. Code 6338. The NES then prescribed remedial actions to New Day which she said must be taken by the candidates, the alternative being that she as NES would disqualify all 8 New Day endorsed candidates.

3. New Day Pacifica responds.

New Day’s legal counsel Jerry Manpearl was not formally given notice of this NES ruling, but when he found out about it, he voiced two primary objections. He first strongly disagreed with the NES interpretation of California Law. Secondly, he pointed out that under existing Pacifca bylaws, the NES has no authority to disqualify legitimate candidates unless they violate Pacifica’s Provisions for Fair Campaigning. In this case, there were no such violations.

4. The candidates were not given proper notice.

Neither Pacifica’s General Counsel nor the NES contacted the candidates themselves with regard to the postcard or their being disqualified. Pacifica Counsel Schwartz has asserted that he informed Jan Goodman and that this was sufficient, even though he acknowledged at that time that she (Goodman) was not acting as anyone’s lawyer or official representative. In addition, Pacifica’s General Counsel, an outspoken opponent of the New Day bylaws, is not a neutral/unbiased 3rd party and should therefore not have played any substantive role in interpreting or enforcing election rules.

5. Nevertheless, the NES proceeded to disqualify candidates and nullify votes, yielding flawed results.

Despite this lack of notice to the candidates or New Day’s Counsel, and the highly questionable interpretation of California law, as well as the lack of requisite authority, the NES proceeded to disqualify most of the New Day endorsed candidates after all votes had been cast and the counting of the ballots had begun. In addition, she afforded none of the candidates or KPFK voting members any due process or notice of this disqualification until after the votes had been cast and counting had begun. As a result, all votes for four of the endorsed New Day candidates were simply set aside/ignored and not counted, thus disenfranchising all members who had voted for them. An objective analysis of the ballots cast showed that all the New Day endorsed candidates would have been elected if votes for them had been counted, which also means that some of those recently seated on the KPFK Local Station Board were not legitimately elected.

Support New Day Pacifica’s Efforts

New Day is fighting to set all this right, and in closing we want to thank all of you for your generosity, patience and support. We literally couldn’t continue the critical efforts to save Pacifica without you. If you think our cause is worthy, please donate whatever you can below.

Donate to New Day Pacifica

Onward and upward,
New Day

For more information and for updates, check back regularly to this web site.

J’Accuse…!

We accuse Pacifica governance of:

1. Financial mismanagement for the last 10 – 20 years
2. Deliberate or incompetent destruction of the excellence in broadcasting that is Pacifica’s heritage
3. Driving the Foundation to the brink of bankruptcy
4. And, recently, of stealing the Pacifica national election as well as the local election at KPFK

The first three are obvious. The last we’ll explain here, and then request your contribution for legal fees to continue fighting for your rights. We can’t do it without you.

CLICK HERE TO CONTRIBUTE

New Day Pacifica

Inquiring minds want to know: Why are legal bills at the Pacifica Foundation so high? Why are member dollars, desperately needed to support the Pacifica Network’s five stations, being siphoned off to pay law firms?

Is it because, as some conspiratorial-minded people would have it, there are scary people trying to drive Pacifica into bankruptcy? Or is there something that Pacifica itself is doing to drive up legal fees? (You guessed right: It’s the latter.)

Let’s take a look at the latest round of the Pacifica “legal wars” for the full story.

2021 ELECTION FOR AMENDED BYLAWS AND TO ELECT FOUR INTERIM OFFICERS AND DIRECTORS

In 2021 a group of Pacifica members concerned about the Pacifica Foundation realized the best way to help was to revise the bylaws to make the organization’s governance more functional — and then to convince a majority of listener-members to vote for reform.

Seventeen executive directors in 20 years was too much; a $2 million judgment against WBAI was too much; a $3 million loan secured by Pacifica’s real estate with no repayment plan was too much; being continually on the brink of bankruptcy was too much; continued failure to raise sufficient operating funds by WBAI and sometimes the other stations (now including KPFK) was too much; continued loss of $1 million per year in grants from the Corporation for Public Broadcasting was too much; continued decline in membership and listeners was too much; continued degradation of the quality of programing and the programmers was too much.

Something had to be done.

CLICK HERE TO CONTRIBUTE SO NEW DAY CAN FIGHT BACK TO GET THE REFORMS IMPLEMENTED

NEW DAY PACIFICA IS FORMED AND PACIFICA AGREES (theoretically) TO ARBITRATE DISPUTES RELATING TO THE ELECTION

Analyzing that it was the governance structure that was dysfunctional, not just individuals, these members formed an organization for the purpose of passing amended bylaws, New Day Pacifica. Bylaws revisions were drafted. If the referendum passed, the bylaws would be revised and transition officers elected. After continued fights and battles with Pacifica governance and management, Pacifica and New Day Pacifica agreed to arbitrate disputes “to address issues which might arise” and “to avoid litigation and expense.”

After a long campaign a vote on the referendum was finally held. The new bylaws and the election of four national officers and directors won a solid majority of the votes of all members. Overall the vote was 55% (6817) YES and 45% (5459) NO. However, of the fewer than 500 staff members who voted, 59% (255) voted NO, to 41% (178) YES votes — but only because WBAI staff voted 99% to 1% NO. Voting experts say a 99% vote is likely only to happen when there is fraud or intimidation. In fact staff and listeners at WBAI were told over and over that if the referendum passed, the station would be closed and the staff fired — a lie. Staff at three stations solidly approved of the referendum.

In spite of the overwhelming vote in favor of the referendum, the then–Pacifica National Board (PNB) majority and national management, apparently seeking to maintain power under the status quo, insisted that both listener members and staff members had to each vote yes as a group — and declared that the referendum lost. New Day believes this is clearly not the law and is incorrect, a decision based on management’s overwhelming desire to keep control and not the law. Seventy-seven staffers at WBAI, according to management, controlled the election.

PACIFICA REFUSES TO ARBITRATE

When it became clear that there was a dispute about whether the majority vote of the members would determine the outcome, arbitration would have been the quick, inexpensive way to resolve things.

Why wouldn’t the majority vote absolutely determine the outcome? Because there’s a state law and bylaw which states that if staff would be “adversely and materially affected differently from the listeners as to voting,” the staff as a group would have to vote yes. Are staff materially and differently effected? New Day contends — and the numbers support — that staff is actually treated better as to voting under the revised bylaws, and therefore the bylaws reforms won. Management disagrees.

Instead of arbitrating this simple and clear issue, as New Day requested, Pacifica Management filed a law suit (think: big bucks!) against New Day and the proposed PNB officers who would be seated if the revised bylaws were implemented.

The cost to members of fighting and refusing to arbitrate? Pacifica won’t say, but our educated guess is more than $60,000 so far.

Pacifica has spent members’ donations as if Pacifica were a fat-cat corporation with oodles of money in its coffers. It’s as if the board majority members have been thinking, “It’s not my money, so why not spend as much as necessary stalling a decision so we can stay in power?” Bolstering this inference is the latest news from the board majority: They are now planning to wrongfully eliminate this year’s Delegate elections — perhaps because New Day–endorsed candidates swept last year’s elections at three of the five Pacifica stations, and if elections were held this year, the New Day movement for reform, which continues to include a majority of Pacificans, would likewise become the majority on the board.

CLICK HERE TO CONTRIBUTE SO NEW DAY CAN CONTINUE TO FIGHT BACK

WITH REGARD TO THE KPFK LOCAL STATION BOARD ELECTION

Pacifica’s bylaws and California law provide that members/New Day have/has the right to send postcards and emails to all other members on Pacifica’s mailing list to raise money to support candidates and/or bylaws amendments. The logical extension is that they also have the right to raise money from these members to see that bylaws amendments passed by a majority of members are implemented. Otherwise corporate management could squash any movement for change by just ignoring the will of the membership, by filing a lawsuit to stop the change, and stripping the reformers of their right to raise money from the membership to fight to implement the changes the reformers had the right to raise money for to pass the amendments in the first place.

New Day is fighting for the reforms the majority voted for, changes for which there is no question campaign money could be raised. Neither the courts nor the legislature has addressed this particular question, which is why the court will decide it, in the present litigation.

Reasonably believing New Day had the right to do so, New Day sent a postcard on about September 2, 2021 endorsing eight candidates in the KPFK LSB election and on the flip side of the card asking for donations to defend against the above lawsuit.

After the mailing, the National Election Supervisor and Pacifica’s General Counsel told New Day Pacifica that sending out such a fundraising solicitation to the membership was illegal (something that NDP attorneys disagree with). They then resorted to a sort of blackmail, telling New Day that unless the eight NDP-endorsed candidates endorsed “admitted” they broke the law, the candidates would be disqualified.

Of course the candidates, who did not know or approve of the contents of the postcard, just that they were being endorsed by New Day, refused to submit to such intimidation.

Two weeks later, without any process whatsoever, including never communicating directly with the candidates to ask their side of the story, and ignoring New Day’s explanation that the candidates knew nothing about the contents of the postcard, Pacifica added all eight candidates as defendants in the above existing lawsuit. (Think: more money flowing from Pacifica’s coffers) With a stroke of the pen, in an attempt to intimidate, Pacifica disrupted the lives of well-meaning Pacifica supporters who did nothing but volunteer to be involved in Pacifica’s governance by running for the LSB. One candidate was in fact intimidated and soon dropped out. The others stayed in.

CLICK HERE TO CONTRIBUTE SO NEW DAY CAN FIGHT BACK

Former national board member Grace Aaron, part of the clique that opposed New Day, and a candidate herself, running against the NDP-endorsed candidates, emailed Pacifica General Counsel Arthur Schwartz that four of the above candidates whom she supported (two of whom were on her slate) knew nothing about the postcard. Having never spoken with any of the candidates, Schwartz then told these four that he/Pacifica was not going to take action against them because Aaron said that they were OK. So although all eight were equally uninvolved in the conduct of New Day in sending a solicitation, only four of them ended up being “disappeared” from the results of the election — based solely on Aaron’s preferences.

And then management sat on its hands, leading New Day and the candidates to believe that management had changed its mind. KPFK members were sent ballots with all eight of the New Day–endorsed candidates, and members were allowed to vote. Management did not advise voting members that some candidates were threatened. No further mention was made of disqualification to the candidates or to the members. Voting members believed their votes would be counted. Management admits that it did not institute any hearings, bring any charges, or tell the members or candidates that their votes would not be counted. Only when votes were in and tabulated did management take action: not a hearing, not charges, not arbitration, not an investigation — they merely disappeared four candidates and published the results of the election without the names or vote counts of the disappeared candidates, as if they had never run.

Under the Bylaws, the National Election Supervisor (NES) has the right to disqualify candidates for breaking Fair Campaign rules, but that power is limited to those who break the Fair Campaign rules. The bylaws do not give the NES the right to disqualify candidates for any other reason. None of these candidates broke any of the Fair Campaign rules, but the NES disqualified them anyway. Thus their disqualification is far beyond the purview of the election supervisor.

Management realized after Simply Voting (an independent company Pacifica uses to count the ballots) counted the votes that the New Day–endorsed candidates won the vast majority of the KPFK Local Station Board listener seats. Only then, ex post facto, did management decide to disqualify the winning candidates.

Management went back to Simply Voting and told them to recount without including these four candidates, then published those altered results.

CLICK HERE TO CONTRIBUTE SO NEW DAY CAN FIGHT BACK

The three New Day–endorsed candidates whose votes were counted came in number 1, 2, and 3. It has since been learned that if the votes for the three remaining New Day endorsed candidates were included in the count, all six of the remaining New Day candidates would have been elected. (One of the eight dropped out as soon as she was improperly accused of wrongdoing and one candidate, sadly, died after the election was completed.)

PACIFICA OPPOSED NEW DAY’S MOTION FOR A QUICK RESOLUTION

After Pacifica decided to end arbitration and sued New Day, New Day made a motion under a special code section (Corp Code §5617) asking the court to immediately decide who won and who lost the election. Instead of taking advantage of this legal shortcut, which would have allowed Pacifica the opportunity to avoid the costs of a drawn-out court battle, Pacifica spent thousands more dollars and fought against the motion for an early decision — stalling and adding attorneys’ fees. The judge, instead of immediately deciding whether the bylaws passed, ruled it did not have the authority to make a decision, leaving the issue to be decided at a trial. Pacifica won this Pyrrhic victory, putting off a quick decision which would have ended the lawsuit and saved tens of thousands of dollars.

After being sued by Pacifica, New Day and the other defendants filed a cross-complaint, presenting their position hoping to bring the matter to a head as quickly as possible.

In addition to using up member resources as described, Pacifica’s attorneys have continuously wasted time and money trying to prevent New Day from raising funds to fight the lawsuit that Pacifica management filed.

CLICK HERE TO CONTRIBUTE SO NEW DAY CAN FIGHT BACK

Pacifica lawyers then made a motion to try to stop New Day from fundraising, claiming that the money they were raising was really Pacifica’s (!!!). The court rejected their motion, meaning that filing this failed motion put Pacifica’s money into the pockets of Pacifica lawyers at the expense of Pacifica donors.

In addition, Pacifica attorneys spent substantial resources asking the court to silence New Day from criticizing Pacifica’s management and presenting New Day’s position with regard to who won the referendum. It took the court about 60 seconds to essentially lecture Pacifica’s attorneys that the US Supreme Court refused prior restraint against the NY Times from printing the Pentagon Papers, so the judge wasn’t about to issue an order of prior restraint against New Day.

These are only some of the ways Pacifica and its attorneys have caused this litigation to drain Pacifica’s coffers. Meanwhile, all this litigation is using up the funds members have generously donated to both Pacifica (to support the network) and New Day (to fight to implement their votes to reform Pacifica’s dysfunctional governance system). Every motion Pacifica files probably costs both Pacifica and New Day tens of thousands of dollars.

CLICK HERE TO CONTRIBUTE SO NEW DAY REFORMS CAN BE IMPLEMENTED!

New Day accomplished another success when Pacifica recently finally agreed to try to expedite the litigation. We’re excited to see our efforts paying off, and that we won the motions with regard to fundraising, our mailing lists, and freedom of the press!

But the downside is that New Day needs to raise at least $20,000 to $50,000 more in attorney’s fees. We need your assistance to enable us to convince the court that the majority reform vote to create a more-functional Pacifica governance structure should be implemented before Pacifica disappears by continuing its death spiral.

Although this number is high, compared to the value of letting our precious community asset — the only independent, left radio network in the country — dissolve by continuing on its present trajectory, this is a fight well worth supporting.

The funds can be raised — by the team effort that got us to this point.

If the following donations were made, New Day supporters would create a fund of $40,500 with the donations of 395 people.

• 1 donation of $10,000
• 2 donations of $5,000
• 3 donations of $1,000
• 4 donations of $500
• 10 donations of $250
• 25 donations of $100
• 150 donations of $50
• 200 donations of $25

You, our supporters, won the election! We’ve come this far. We can’t give up now. Unlike Pacifica, which simply diverts the money that people donate to support their stations to pay for the lawyers to oppose the votes of the majority, New Day is depending on you to consciously make the decision to fight to implement the changes you voted for. Please donate at whatever level you can — $10,000? $5000? $500? Or even $5 if that’s all you can afford — by clicking here:

CLICK HERE TO CONTRIBUTE SO PACIFICA CAN HAVE A REBIRTH!

Together we’ll fight to see these essential changes get implemented so we can save precious Pacifica.

You may also Donate to New Day Pacifica by mailing a check to New Day Pacifica at 5627 Telegraph Ave, Suite 116, Oakland CA 94609

Thanks from the New Day team!

Attribution for image above: Vectorstock

In an astonishing and outrageous attempt to silence New Day Pacifica’s right to reach Pacifica members and supporters, Pacifica is asking the court to prevent New Day from merely asking Pacifica members to help fund our legal work in Pacifica vs. New Day. Communicating with you and other Pacifica members is of course utterly essential. How can we unite to save the network if we’re not even allowed to let you know what’s happening?

Pacifica seems to be saying in its most recent complaint that the New Day list of members — who voluntarily went to our website and gave their contact info in order to join the fight to save Pacifica — is actually Pacifica’s list. And they want the judge to think that the money New Day has raised is Pacifica’s money.

In addition, Pacifica is also trying to prevent New Day from making negative comments about the management of Pacifica, calling the comments libelous and slanderous, and, in a jujitsu move that tries to turn the truth on its head, blaming New Day for Pacifica’s continuing downward financial spiral. In reality, the only reason New Day exists is that members like you are desperate to halt the financial hemorrhaging and loss of listeners that’s been going on for a decade.

Pacifica’s ex parte filing, which NDP learned about only two days ago, asks the judge to prohibit NDP from: “(1) using Pacifica’s mailing list to seek donations for its legal fees to challenge the results of the failed Bylaw Referendum and (2) making slanderous or libelous communications regarding Pacifica and/or this dispute.”

Pacifica’s legal filing is filled with misleading (or worse) statements, such as the ones above where it says the NDP Bylaws referendum “failed,” and implying that we may make “slanderous or libelous communications.” That may be Pacifica’s attorney’s claim, but NDP strongly disagrees, and the referendum issue is still to be decided by the court. It’s not libel to state the truth, unpleasant as it may be to Pacifica’s leadership or attorneys. Perhaps they did not like our recent letter that included “Fire the Pacifica legal team” (point 5 in the article in that link).

DONATE to New Day Pacifica today!

NDP is fortunate to have two volunteer attorneys who have literally worked night and day, spending hundreds of hours to support New Day’s efforts to change the governance structure to a smaller, functional, democratically elected one, responsive to the needs and wishes of the members. Neither has taken attorney’s fees. And although they are handling much of the litigation, they themselves have actually been paying outside counsel to assist. New Day donations have paid for only a portion of these outside fees to date, and there are large ongoing expenses because of Pacifica’s legal efforts to stop the reforms that the majority want.

Why do we fight on? Because we must keep moving forward in turning our shared love of Pacifica into action, transforming the network and its member stations from a battered shell of their former glory into the left-media giant progressives desperately need to counter the now near-ubiquitous right-wing propaganda machine.

We cannot let the irreplaceable progressive assets of Pacifica be driven into the ground or bought out by corporate interests.

To save Pacifica and win this for you, we need:

• two of you to give $10,000 each
• at least three of you to give $2000 or more
• five of you to give $1000 or more
• 20 of you to give $500
• 100 of you to give $200, and
• 400 of you to give $50 or more.

Whether you can donate $5 or $25,000, please DONATE now to help New Day continue fighting for Pacifica’s survival.

Or mail a check to New Day Pacifica, 5627 Telegraph Ave., Suite 116, Oakland, CA 94609.

In desperation, some people have called for a boycott of Pacifica, but Jan Goodman, prospective Vice-Chair under the New Day Referendum, replied to that editorial: “PACIFICA IS OUR INSTITUTION. . . We cannot starve it to death. . . Everyone must make their own decisions about how much and to whom they donate money, but please continue to donate to Pacifica to keep it alive – since the purpose of New Day Pacifica is to help Pacifica flourish now and long into the future.”

California law guarantees the rights of members of Pacifica (and other non-profit corporations) to access the member list to communicate with other members about concerns they have with the organization, how it’s run, etc. Pacifica is clearly trying to interfere with that right, and doesn’t hesitate to use member donations to fund their efforts.

New Day Pacifica plans to continue communicating with members about critically important things you need to know about Pacifica’s dysfunctional governance, growing debt, home shopping network style programming (at KPFK and WBAI, where listener support is especially inadequate), deteriorating financial condition, loss of CPB funding, and more. And we’re not going to let Pacifica’s legal team silence us!

New Day does not want to roll over without a fight, but it takes money to fight in court. Will you join the more than 800 people who have supported New Day Pacifica (NDP) in the past? Your donations brought us over the election finish line last year, but we are now in higher stakes over-time because of Pacifica management’s unwillingness to recognize that the staff are treated equally to the listener members by the New Day Bylaws and that California law and the Pacifica Bylaws therefore require the recognition that the New Day Referendum passed.

We have done it before – with your help – and now’s the time to do it again!

Please contribute what you can. Give as if your station and your network depend on it, because they do.

DONATE to New Day Pacifica today!

We absolutely must keep moving forward in turning our shared love of Pacifica into action, transforming the network and its member stations from a battered shell of their former glory — remaking it into the Left Media giant progressives desperately need to counter the now near-ubiquitous right-wing propaganda machine. Pacifica has the power to remake our world via news, information, and analysis delivered from a fiercely fact-based, clear-eyed, independent progressive perspective. Pacifica needs to get back to providing independent news, pubic affairs, and music that other broadcasters won’t let you hear.

Pacifica, for 70 years, has been an amazing network. It has educated and kept us abreast of local demonstrations and actions as well as what’s going on in Africa, Central America, and elsewhere: around the world and around the block. But the network is on life support because current bylaws make it incredibly difficult to govern, to update the programming to give listeners what they want, and to do effective fundraising to make that possible.

Reforming the bylaws is critical, so Pacifica can survive, grow, and be more influential in crucial national and local discussions — a view that 55% of members participating in the most recent bylaws election agreed with and voted for. Yet our problems remain. Why?

New Day Pacifica’s reforms received a solid majority vote, but instead of respecting the democratic majority and relinquishing power in a peaceful transition, the board members opposed to reform have cited what we believe to be a non-relevant technicality to claim that the majority lost. We must now unlock our election victory by securing a court order recognizing the NDP victory, because the minority “powers that be” not only refuse to give up, but continue using member donations to pay attorneys to fight against the rights of members.

We are hopeful we will win, but we need your help, because courtroom fights can be quite expensive. The entrenched minority at Pacifica can simply divert the funds that listeners donate for their stations’ operations, to instead pay for lawyers to block change. But the funds to support what the majority of Pacifica members voted for have to come directly from those who support that change. In other words, from you and me and everyone who supports our cause.

We are hoping for significant donations. If a tax deduction would be meaningful to you, please let us know by writing to Info@NewDayPacifica.org but note that donations made directly to NDP are not tax-deductible.

DONATE to help NDP continue fighting for YOUR rights, and to save Pacifica

Read more about Pacifica’s efforts to derail democracy.

In 2021, there was a national referendum to both amend Pacifica’s bylaws to make network governance more workable by reducing the size of the board, creating direct election of national directors, and designate four transition Directors/officers of the Pacifica Foundation who could lead the new Board with the reform and saving Pacifica. This was the New Day Pacifica Bylaws reform.
 
The membership of Pacifica overwhelmingly voted YES for the referendum. The vote in favor of New Day’s reforms was approximately 55% to 45% of the members across all stations. The entrenched management, however, refused to acknowledge the results and instead claimed — on a disputed technicality that we believe is inapplicable to this election — that majorities of both listener-members and staff members had to separately approve.

Pacifica’s leadership claimed that staff members’ rights would somehow be adversely affected, compared with listener members’ rights, but New Day strongly believes that is just plain false.

Why Pacifica’s Claims are Not Valid

Pacifica Counsel argues that the 2021 New Day referendum would materially and adversely affect the staff in a manner different from the listeners because:

(A) it would have split the “Staff Class” into “Paid Staff “ and “Unpaid Staff”, and

(B) reduced the number of guaranteed seats that staff members would have the exclusive right to hold and to elect from 5 to two. Staff would have their guaranteed Board role reduced from 22.72 % to 13.3%. (First Am. Compl. ¶ 18.)

Following are the effect of the proposed Bylaws on the staff.

(A) If the staff voted as one class, the Board can end up with all paid staff Directors or all unpaid staff Directors. To ensure that the staff have fair and democratic representation, there would be one paid staff Director directly elected by the paid staff, and one unpaid staff Director directly elected by the unpaid staff.

Further, neither paid nor unpaid staff (separately or combined) can currently choose their own representatives to the national Board, because they are always outvoted (by 18-6) when Delegates vote for the Directors from their station.

Splitting the staff into paid staff and unpaid staff is “material” and “different” from how listeners would be affected but allowing paid and unpaid staff to elect their own representative actually enhances their voting rights and representation and thus does not affect them “adversely”.

(B) One of the goals of the New Bylaws was to reduce the size of the National Board to help make it more functional. The number of guaranteed staff and listeners seats were both reduced by two-thirds, so listener seats were reduced from 15 to 5, and staff seats were reduced from 5 to 2. Reducing the number of guaranteed seats that staff members would have is both “adverse” and “material”, but it is not “different” from how listeners would be affected.

Pacifica Counsel’s argument, that the Bylaws require separate approval of both staff and listeners, is not valid.

Please Donate Now so New Day Pacifica can continue fighting for democracy and your rights!

Messing with the Delegate Election at KPFK

In addition to the national vote, there was an election in Los Angeles for members of the Local Station Board. In this election New Day Pacifica endorsed eight candidates. New Day sent an endorsement postcard to members endorsing these eight candidates on one side and asking on the other for donations to enforce the national election results in court. 

After the election results were in, management declared that four candidates endorsed by New Day Pacifica were disqualified because of a donation request in one small part of the endorsement postcard. These candidates were not notified of their disqualification, and member-voters were not notified that the candidates, whose names remained on the ballot during the entire voting period, would simply not be included in the final tallies no matter how many people voted for them — that a vote for them would be wasted. Vacated. Vanished.

It was not until after the election was completed that management announced the disqualification, without any prior notice, hearing, or justification.  They simply refused to count the votes for these candidates. Even though members had in good faith voted for them. 

It should be noted that the three candidates endorsed by New Day who were not disqualified were #1, #2, and #3 in the vote count. Voting experts have concluded that had management counted the disappeared candidates they would likely have won slots #4, #5, #6, and possibly #7 of nine Listener Station Board spots. Even the official Election Report noted that none of those candidates had violated any of the Fair Campaign Provisions. (The New Day–endorsed staff candidate also came in #1.   And in Berkeley and Houston the New Day–endorsed candidates similarly swept their elections.)

Messing with the Bylaws Election at WBAI

There are approximately 40,000 listener members and approximately 1000 staff members of Pacifica. The staff did not approve the officers directors and bylaws, voting approximately 59% “no” and 41% “yes.” But complicating this result is the fact that WBAI New York’s staff voted an eye-catchingly overwhelming 99% “no.” Without this 99% WBAI vote, Pacifica staff members overall would also have approved the changes and election. 

A 99% vote is a result that voting experts often cite as evidence of vote/voter fraud and/or manipulation.  Evidence of this includes: Management lied repeatedly to the staff about the contents of the bylaws, telling them that the PNB would be terminated and that the New Day Officers alone would be in charge of the network for months (a lie repeated incessantly) & could close down WBAI, telling staff they would be fired (not true) and the station shut down (the opposite of New Day’s mission, which is to restore each station’s financial footing and grow audiences) if the vote were yes.

Read more about Pacifica interfering with election results.

A motion was filed by your New Day legal team in Superior Court under Corporations Code 5617, which requires the court to determine a corporate election within five days. The court in its wisdom ruled that it did not have jurisdiction to rule on the merits of either election and denied the motions on that technicality. This was after considerable litigation, including the filing of numerous pleadings and a number of hearings.

We believe that the court was in error and are contemplating asking the Second District Court of Appeal for a writ of mandate ordering the Superior Court to rule differently. If we lose we will have to take the issue to trial, which will take years. Sadly, there is serious doubt about whether Pacifica will survive that long. 

Please Donate Now!

Recently, New Day Pacifica asked for Pacifica members to sign on to their new letter entitled “We the Pacifica Majority Seek Democracy and Survival of Our Network“.

Within just a few days, hundreds of people had filled out an online form to sign on to it. More people are still signing (and you can be one, too!)

Below are some of the many comments that they provided.

It’s hypocrisy that Pacifica talks about freedom and then trys to overturn the voice of the listeners. Management is clearly incompetent as the number of drives on WPFW exceeds that of any other public station. You can tell by listening that even the hosts are embarrassed.

What ever happened to Barry Smullen of the Head Room show? Why can’t KPFK have any game shows, Science & Technology? Current programming has become a waste land.

What ever happened to Barry Smullen of the Head Room show? Why can’t KPFK have any game shows, Science & Technology? Current programming has become a waste land.

I no longer contribute to kpft Pacifica given the blatant disregard for honoring the vote. To create two classes of voters which created the current situation is abhorrent to a democratic rule and over steps the Pacifica charter. Looking at voting rights today Pacifica is just one more institution that has thrown good will and fairness in the toilet.

We are mortified that Pacifica is ignoring the majority of the listeners. Shameful!!! Please let the will of the listeners direct the policies of the stations. It appears to us that you, the obsolete governing board, want Pacifica and its stations to fail! Shameful!!!!!

The vote is in. The numbers are there. Let’s move forward.

I am a sustaining member and decades-long listener. Even though I often vote conservatively, as an Independent, I value KPFT as a voice of Liberty and Dissent as well as the last bastion of local artist music.

Pacifica current board should be a leader promoting and subverting democracy, they are acting like the republicans party…. trying to steal the votes!!

We need new management and new bylaws. Respect the majority vote.

It appears that Pacifica management has taken a leaf from the Donald Trump playbook: intimidation by means of litigation. How sad.

While I may not always agree with the opinions expressed on KPFA, those opinions and viewpoints need to be heard and that’s why I support New Day Pacifica in its efforts to sustain the mission of the organization in a responsible manner.

For once and for all, let’s get this bicking over with. The election results are in and we voted for a new direction and leadership!

Do the right thing and listen to and support New Day Pacifica

I am a sustaining member and have been one since before there was a sustaining program. I have been a member since 1970. Never during all that time have I feared for the survival of Pacifica as I do now. Current management is undemocratic and reactionary. If we do not change course we can lose Pacifica and that would be an incalculable loss

Good luck with rescuing Pacifica from being run into the ground.

The future of non-commercial, non-exploitative, democratic radio is at stake. The leadership of Pacifica has fundamentally betrayed the vision and the practical management of liberative public radio, as well as the will of the majority of its membership!

My parents were among the first listener sponsors of KPFK and I have been one for 45 years. I continue to support KPFK, but I hardly listen anymore because the station has gone so far off the rails.

Don’t be trumpists. Honor the vote.

Keep going. You are right.

Stop the Steal!

Please respect MY vote. I am member and along with other members we stated our wishes. Why ask us to vote if you are not and planned not to listen to us.

It’s beyond belief how churlish the opposition to reform has become! Disappearing LSB candidates, twisting majority rules, packing voter rolls, not to mention the continuing misbegotten legal actions… Time for it to be stopped is way past! Thanks to everybody who is managing to keep the airwaves humming despite myriad challenges.

I stand with NDP.

Anyone who seeks the aid of a court to influence the policy direction of KPFA is anti-democratic and not on our team. – KPFA listener since it began, when I was 7 years old

RESPECT THE MAJORITY VOTE of the PACIFICA MEMBERSHIP IMMEDIATELY DISCLOSE THE TRUE VOTE COUNT IN THE KPFK BOARD ELECTION and INSTALL THE TRUE WINNERS NVESTIGATE POSSIBLE VOTING IRREGULARITIES, FRAUD and/or MANIPULATION AT WBAI STOP PACIFICA MANAGEMENT’S MISTREATMENT OF ITS WORK FORCE FIRE THE PACIFICA LEGAL TEAM INSTALL COMPETENT MANAGEMENT & LET THEM MANAGE

Either we are a democracy or we are not. Please respect the vote and do what is right.

I voted for New Day Pacifica and am deeply disappointed that my vote is being dismissed. I am also a long time member.

Time to respect the will of the majority!

Please refrain from calling me and asking for further donations.

At some point, I might consider cancelling my monthly pledge of $20 to KPFK. I tune in much less frequently than before and generally find myself listening to yet another fund drive. I have been a supporter of KPFK for the 35 years or so, but lately I have been wondering what exactly I am supporting.

I am outraged at the undemocratic actions of Pacifica leadership. I am a lifetime contributor to kpfa, and believe the future of Pacifica is in great danger.

Thank you

keep it up, New Day!

Stop this bullshit and save KPFA by believing in Democracy. We won the vote give up your position of power and go away. If you believe in founders then go , you have no right to stay. James McNeil

Been voted OUT. Time to move alone NOW!

It takes courage to admit you are wrong. A new outlook on where this country is headed means acknowledging that the old “hippy” tropes are inadequate for dealing with the serious financial, cultural and political attacks that progressive news agencies are dealing with. Please allow New Day Pacifica to shine a light on the issues and take us into a new day.

I have listened to KPFA for over 30 years and love a variety of shows. Through Flash Points to Gospel and on and on I am informed and lifted by a radio station that I can trust to dig into the truth. I don’t hear the manipulation of the stories that I hear and see everywhere else. I don’t want corrupt politics to take this precious station and “WHITE WASH” it.

You go! We got our first wake-up call when we heard about the sale in Texas. Thank you for uniting us!

I live in a very progressive area and I have seen how that can also be dysfunctional be to make simple business decisions. You have to pay the bills regardless. Don’t sell off the assets that can never be replaced.

As the begging for money now on KPFK doesn’t stop, even between the fund drives, they continue to boast of progressive voices and news….but the programming is increasingly less news or educated commentary, and embarassingly unprofessional. As a medical physician, I am most disgusted by info-mercials by “altenative medicine” hackers, especially the pseudo-science anti-vaccine presentations during the night. My contribution is minimized (consistent with the minimizing of listenable programing) until the management of Pacifica is handed over.

Respect the vote and accept the change to NDP management NOW!

Honor the vote!!

I won’t pledge any money until the current leadership is REPLACED by competent and honest folks that know what they are doing. Respect the election results!

I have been a listener member for over 25 years. The anti-democratic actions of the current management are outrageous, not to mention incompetent, putting at risk all of Pacifica assets.

This 30 year listener and contributor has tried again and again to find out “what is going on” at KPFK. Only to encounter no response to my questions and no way to find out who I should contact to voice my concerns. Then New Day Pacifica came along and some questions have been answered. I support the efforts of New Day Pacifica.

We support New Day Pacifica’s efforts to produce more transparency as to what goes on at Pacifica.

Please save the KPFA building which many of us in the community helped pay for and support by our donations! Adhere to the democratically elected New Day Pacifica elected members and stop the manipulation of the vote count. Same on you. Signed, a 25 year donor to both Pacifica and KPFA.

Listened to this station for 50 years and I stand by its original concepts. This station has allowed me to save lives and educate people on issues that are not explained or taught in our schools. Democracy has a voice and that voice emanates from the Pacifica Group with its broadcasts. I’m a Vietnam-era Vet and I fought for America and the freedom of speech and the press. Don’t tarnish what I believe in or confuse the matter. I stand by Roy Tuckman and his associates to the last man/woman until death takes me. I want my children and others to hear freedom and know that it’s not free. We have to fight! Hands off this group of radio stations and the carnage that has ensued. Give the listener/voter his vote and let the membership be counted. Amen!

Not enough oversight was enacted from the very beginning so this is the outcome. Have to stay vigilant and involved all the time. Being aware of who is in charge and holding them accountable.

I do not agree with the current station policies, and spending on legal matters. Selling legacy properties is not a long term solution.

I love KPFA, voice of truth and reason – that’s why it is so important to save it from commercial and corporate interests. I proudly add my name to support New Day Pacifica to return the stations to their listeners!

I’m the volunteer electrician at KPFA and have donated thousands of dollars of labor. I put in enough hours on the electricity for the new boards, I was able to run as staff for the LSB, but didn’t get elected. I was endorsed by the Protect KPFA people, who, IMHO, have the best plan to save the station, as opposed to the opposition. THERE IS NO PLAN TO REPAY THE LOAN AGAINST KPFA’s ASSETS! NONE! Stations losing money, year over year, should NOT have control of the Pacifica Board!

Is it true, as bylaws reform opponents have contended, that our proposed bylaws provided the same “super” weight given to staff votes as the old bylaws did?

A KPFK listener since August 1959.

It’s very hard to contribute when you tell us all the money is going down the drain. Also, I didn’t used to mind Roy of Hollywood’s woo-woo crazy stuff because he seemed like such a nice guy, and I enjoyed a lot of his shows. But now he spends 5 hours every Tuesday presenting truly poisonous misinformation. It really hardened me against contributing to KPFK.

I fully support New Day Pacifica. We need some rational, hard-nosed leadership to save the station. This is a time when it is better to be pragmatic than idealistic.

Keep independent radio alive. You should know that mainstream media and big business aren’t watching our backs. Do the right thing!

The ongoing abuse of power by Pacific’s (mis)managers has to stop now!

Yes. I support New Day Pacifica.

It is outrageous and wrong that votes of a small number of purported WBAI staffers are being used to stop the proposed bylaws from being implemented.

Thank you for your attention

This hijacking of the Pacifica Network must end before it completely destroys it. Selling off assets to pay bank loans is a recipe for disaster. As a KPFA member, I’m very upset that our well-run and supported station is in danger because of mismanagement at other stations (WBAI I’m looking at you!) and at the National Board level.

I am on the very edge of stopping my sustainer membership =(

Respect the wishes of the voters Respect the votes of the listeners Respect the listeners who donate to the station

Maybe Trump and Sinima are on the current Pacifica Board. Same tactics to ruin something great.

Respect the votes of the voters a respect the wishes and demands of the listeners Respect the listeners who donate to the network to support their local station

It is important that the Pacifica radio have effective management and seek to re-invigorate their programming. We need management with ideas about how to keep the station vigorous, and uncompromising in telling truth to power

We need a competently run free speech station that honors the voter’s choice. Let the true winners of the election be placed into the management positions they were chosen for.

KPFK is the only source I trust to be true, accurate and free from corporate “spin”. Protect free speech and keep her and other affiliates independent.

Minority rule is no more valid at KPFA than it is nationally. Our majority vote for a return to integrity at Pacifica must be acknowledged, before any more damage is done by a very destructive minority.

Pacifica is a grand mess. Real members and Pacifica loyalists like me have known these truths for over 25 years. They lie, they steal monies and cover it up. I was the only Native American broadcaster on the east coast for over 23 years and raised over 7 million dollars and let me go only because WPFW’s program director lied on me in Lydia Brazon’s ear and called me a bully during the ‘ME TOO’ ERA. Rather than file suit against Pacifica and fight her arrogance and lies, I HAVE MOVED ON to Radio 1 where I am valued and respected and HAPPY. Also I am the originator and host of the weekly television production of Jay Winter Nightwolf -LIVE. I’ve seen so much mess and coverups by the staff at WPFW that I refuse to be a part of that corrupt environment. Any further questions you can reach me at my email – JayWinterNightwolf@gmail.com.

Pacifica’s supporters voted in good faith for a return to competent leadership. Respect the will of the majority!

I don’t know who is right, but current leadership has been a disaster! We need to keep free Speech radio alive!

A majority has spoken. The majority position should prevail. Sadly the minority is acting like today’s Republicans.

Thank you for guarding the station for which I have been listening for 30 years.

Pacifica used to be my go-to station for all information, but now there are only a few remaining programs worth listening to, and I fear that Pacifica will collapse and no longer provide an on-air platform for even those few. Pacifica needs leadership that will preserve and build on the original misision.

Time to stop imitating Republican strategies of minority rule.

We voted, we are the majority, we won!! Stop your big lie and get out of town!!! We want to save our station(s)!

I was an avid listener as far back as the ’60s. Now not so much. A Pacifica deathwatch is in progress. Too bad for us.

I am outraged by the actions of Pacifica against the New Day candidates I voted for, and the legal shenanigans Pacifica is using against a duly elected new Board.

Please help grow KPFA.

All of this behavior is unbelievable and unacceptable. Strong legal consequences can and must ensue.

It’s a shame that this civil war is discouraging your listener base.

Thank you for your effort to keep these radio stations alive. It really is shameful what the current Pacifica leadership is doing to hold onto their dysfunctional power right now. Sigue la lucha!

I am co-signer to this letter.

I am really upset that KPFK has degenerated into a ‘death spiral money pit’. While I never gave KPFK a fortune, I have been doing some donating for over fifty years. I am very disappointed in Pacifica in general. I guess I just wanted them to do right and I had no way of knowing what path they were taking. If by some miracle it can be turned around, I will revisit how I currently feel.

The current leadership is destroying the network and is eliminating progressive voices from radio.

Our station KPFA started this Free Speech Radio to be just that — programs adhere to truth and quality; Our Administration uses donations for the sake of the listeners, peace, freedom, social justice for all, preserve our precious Environment, Nature. It must be corporate free . We want to change the by laws to allow professional decision making with truth and transparency. What is happening with opposing groups, misstatements and using our hard earned money for wrong lawsuits just for power and destroying others. Let’s work to stop this destruction of truth and losing free speech radio, which is our only salvation to preserve our environment, peace and justice. I am a listener and fear what the opposition in Pacifica is doing that can ruin democracy, the health and welfare of all. This sounds intense, but let’s face reality, This needless legal fight is selfishly going after power in any false manipulating way! KPFA has been doing this truthful education and honoring the fine arts, music for over 70 years. It must keep these successful programs and staff. Thank you for letting me stand up for Wisdom, Action, Free Speech Radio as it was started and continues to be. Don’t destroy this Wisdom and let democracy and our Environment die! -Hollister, California

open and free elections mean, majority rules! one person, one vote, no electoral college at this station.

Respect the vote of the majority!

I am in agreement with New Day Pacifica and this letter. Janet Jean Motika

The majority should rule. Why is it not being honored?

Keep Radio Pacifica alive. no corporate takeover. No gutting out for resources, real estate and so on.

A tragedy to lose Ian Masters…. thankfully he is on his own now.

Stop with the Trump-like tactics. The people voted; the votes were counted. Why do you still have the key to the door. Go home.

We need a Johnny Cochran lawyer to get us on track. Lets use our celebrity contacts to help us locate a good legal team to keep us from being dragged around. We should sue them for damages and misuse of our funds!! Long live Pacifica. Peace, Tim

KPFA is an indispensable source of news.

We voted for new leadership, not the continuation of an impotent governing board. This board has had years to fix the problems, but only created more. Step aside or I will stop my monthly donation. As much as I like KPFK and think the station is important to the future of our country, it needs to change. New Day Pacifica is the best way to do that. Peter

Do NOT take the proceeds of the KPFT bldg sale to solve the incompetency of the Pacifica management board. KPFT belongs to Houston and its listeners. It is a horrific thought that they would steal the proceeds of that sale to pad their pockets, payoff loser lawyers and settle debts that KPFT has nothing to do with.

go new day pacifica!

Respect the majority immediately. Get rid of the lawyers. In its own way, this is as retrograde as Republican voter suppression. Your listeners spoke clearly in the last election. Honor them and the process before you kill the station, my eye on history and what’s happening now.

onwards and upwards

I’m a Pacifica supporter who lacks time and inclination to follow all positions and complications of managing and representing these important radio stations. But I sign this petition enthusiastically because of a couple things that don’t sit right with me: (1) I can’t see keeping in place a leadership group that failed to gain a majority of listener votes AND – these past several years show – has failed to end or (it seems) meliorate the terrible financial problem at WBAI; and (2) I hated the diametrically opposed accounts of the KPFA state tax or fee (or whatever it was) problem – and after reading the opposing accounts and hearing a statement from KPFA’s treasurer, I decided that the liars did NOT come from KPFA but rather from the national board (who denied KPFA’s claim of having been forced by national’s failings to rescue the station).

As U DE-THRONE THE CURRENT PACIFICA BOARD — take out the INEPT AND INCOMPETENT DANGEROUS CURRENT MANAGER OUT OF KPFT ! ! Before HE DESTROYS OUR BASELINE SUPPORTERZ ! ! THANKZ FOR Ur EFFORTZ ! ! Please to start accepting responsez W/OUT E-MAIL ADDRESS AS MANY PEOPLE THAT CARE CANT AFFORD A SMARTPHONE

Stop the madness and do as the voters want

I’m very concerned about the survival of Pacifica network and the odd manipulations and omissions in our latest voting. There should be openness and accountability about the voting and tabulation process, and the decisions to ignore or not list certain candidates. It’s all fishy. Please rectify this situation so all the Pacifica stations can survive and thrive.

In the interest of truth and transparency, please release the requested information, honor the majority vote, and begin the transition to new leadership.

Enough power games. The majority has spoken. The Board’s actions are distinctly un-progressive. Shameful.

I have been a listener to and a member of KPFA for decades, and I am outraged and appalled at the tactics and very style of MISmanagement the current Pacifica Board and management are using, running the network into the ground. It is my fervent hope that this alternative news and arts source can be saved before it is too late.

I find this very disturbing.

Stop the steal! New Day Pacifica won the vote to run the Pacifica Network. I ask that the current management not use my money for legal fees to overturn that. Otherwise, I will cease donating.

Please let the winners manage Pacifica!

This station has been the center of progressive, honest, and vital importance to the Los Angeles community for years. Please do everything you can to maintain its integrity.

The people have spoken in a fair election. NDP must assume it’s rightful authority and clean house of deceit and criminality! Install capable officers now to save the Pacifica management and fire the incompetent legal team. Very concerned, Susan

It’s outrageous what the Pacifica Board is doing. Outrageous and depressing.

I’ve been watching this nonsense go on since before 2000! It must end now or the network is lost.

I feel my financial support is being squandered at this point.

I voted for the NDP candidates on the KPFK LSB election and I am very concerned that they were taken off the ballot without even notifying me or communicating with me why they were taken off. I feel like I cannot trust the current KPFK board. I also voted for the change in by-laws and feel my vote was discounted or ignored even when it was clearly in the majority. This goes against all of the values that Pacifica and KPFK supposedly uphold.

Keep up the good work.

I need KPFK to keep me informed and engaged.

Thank you for working for a fair election to keep kpfa alternative

We need change now — Soon there will otherwise be no financial solvency.

In this divisive time I believe it is important to keep community radio alive and flourishing. It appears that the currently acting Board (who are not the Board elected by the majority of members) have other intentions which could lead to the demise of not only KPFT, but also the other member stations. Stop the Steal!

We need to move forward and get past this legal quagmire. There is a clear majority voting for the new plan.

Yours in struggle

As A long time supporter of KPFA , and by extension, the Pacifica Network, I fully support New Day Pacifica in it’s opposition of Current Pacifica management practices.

Very disappointed our vote was not worth anything.

I’ve subscribed to KPFA or KPFK since 1958.

With all the wealth in this country one would think a $3 million angel is out there. What a great tax right off and feather in their cap.

I want Pacifica to go back stop the so called “health” and “spirituality” quackery and go back to fact based journalism and music! Bring back Ian Masters!!

We simply cannot risk losing the last voice for progressive ideas in this divided world. The majority have spoken, and they must be listened to. I’ve been a contributing and loyal Pacifica member for 50 years.

Enough’s enough. Honor the vote, for all that you stand for. Accept the change and allow Pacifica to move on.

Pacifica deserves competent management — we can’t lose this resource in times like these.

We all want these radio stations to survive. It is essential for our democracy.

Please manage the breakdown issues of mismanagement of finances and other issues issues pertinent to keeping Pacifica, specifically KPFA Radio, running successfully. a long-time supporter and listener from the early sixties.

I have supported the programs on KPFK because they speak of fair elections which are decided by a majority of votes. It was not disclosed that staff votes are weighted. This is not democracy.

As a long time subscriber I voted for new leadership to rescue kpfk from financial ruin and will not contribute again until the results of the recent election are honored!

Let democracy rule!!!

Does anyone know what the Pacifica group intends for Pacifica stations? What do they expect to gain from destroying everything? I don’t get it.

WE NEED THIS GROUP OF RADIO STATIONS TO FIRE UP THE PEOPLE. Young people tend to lean progressive, lets make sure that we get the 18, 19 and 20 year olds to vote! These voting rights issues are the most serious current issue. Democrats are desperate for a working strategy. We have the majority but seem to lack bonding among most progressives.

Reminiscent of the rejected coup from the late 1990s . . . : – ((

I don’t want to lose Pacifica

do not call or text this number

I fully support New Day Pacifica, and want to thank them for their efforts.

Do we know the outcome of the Dec. 29 court hearing?

It’s way past time to make changes. The future of Pacifica is at stake.

Good Luck !!!

I was first introduced to Pacifica as a teenager in the 60’s and have been a member ever since. I am saddened to think that I may choose to leave this community if democracy no longer prevails. It is hard enough to watch the demise of democracy in our nation. In the past I would have counted on Pacifica to be fully in that fight. Now I fear they are on the wrong side of history. Still, it is not too late to do the right thing. Wake up!

Pacifica Broadcast Affiliate Columbus, Ohio WGRN 94.1

This has got to stop! I want my vote to be counted! We/Pacifica need to make real plans for the indebtedness that threatens the entire Pacifica network. Stop the unnecessary law suits and put real and honest time and energy into solving the financial crises.

What would Alan Watts do?

We voted for the changes we want to see, and are sickened about the legal logjams being created by the old board . Please leave us to salvage what you are cynically destroying by your delays .

Respect the majority.

Please respect the results of the Election and allow NEW DAY PACIFICA to manage the Pacifica Network. Let Democracy Rule!

I support Ian Masters style and rational open mindedness. This network is important for America’s future, I feel. It should not be allowed to eat itself.

Respect the majority vote of the Pacific membership.

Stop the steal. Support the 1st amendment and a free press from the corrupt oligarchic anocracy.

KPFK’s strong signal needs to be preserved as a beacon of progressive thought. Our beloved radio station must change to survive. Please respect the majority vote.

I’ve been a member since the early 60’s when some days I felt my education was better served listening to important programming than attending the graduate studies I was attending. I understand those on the right begrudge the licenses that pacifica has and wish to take over the million dollar frequencies. Pacifica has always been THE source of information for the people, to attain that, it requires that it’s programming is democratically determined. Allow that to happen!

The survival of KPFK and the network is crucial at this time in history. May truth and fairness prevail. If the staff at KFPK cannot follow democratic principles, the station is a travesty and the management situation a charade. KPFK deserves to survive and be well managed. The listeners in Los Angeles deserve an intelligent well managed station. I am personally tired and horrified at the stupidity that has prevailed up to now. I will not renew my membership in 2022 if things do not change for the better. Thank you.

A New Day, A OK !

Keep up the good fight

I am appalled and deeply saddened by what has become of Pacifica Radio. The hypocrisy of purporting to be so righteous and call out the corruption and rot in America’s politics and the loss of democracy and then secretly doing the same, stealing the election away from the paying listeners, lying to the listeners. I am very angry at being so deceived in an organization I so deeply believed in and supported for over 40 years. It is a massive tragedy . Pacifica was the last voice of truth and information that would empower hope and the possibility of change in America. That seems to now be dead and as corrupt as anything else

Let’s win this for free speech radio.

If one cannot abide the founding principles of this network, then step aside allowing the mission to continue the message.

In these perilous times, the need for radio free of corporate sponsorship is greater than ever. I depend on KPFA for news and public affairs analysis, and the listeners at other locations in the Pacifica network should be able to as well without the sense that they are supporting a losing cause because of mismanagement.

I’m appalled by the current Pacifica management keeping voting results from the public, ignoring the election results, mirroring actions of the obstructionists at the National level of our US government.

This is very concerning to me. I have been a long time supporter of KPFK. I also have been an actor and produced two popular gay TV shows in the early ’90s – Tricks, a gay dating TV show that was queer positive, and More Than a Mouthful, which was a queer culture TV show. Both were very popular and ground-breaking in 1992 and 1995 when they came out . What I do know is that to survive in radio or TV you need to have a wider base of support – radio is not a niche medium. But yet some stations most notably WBAI ignore the wider base and platform niche programming when you should be arriving for the widest audience. Trust me you can be relevant AND popular at the same time. So now I find myself in the same situation as I was when I went through a foreclosure – paying for both sides of a legal fight. Ain that case I was paying the bank’s lawyer to take my home – which the bank hypocritically complained about to the judge “He’s wasting money paying me to fight him” and paying my own lawyer to fight the bank lawyer. The same goes with KPFK – I have to support KPFK so I can listen to it, and KPFK uses part of my money to fight New Day, and I pay to support New Day. This is ridiculous. Pacifica management needs to stop feathering the beats of themselcea and their cronies and let the vote of the majority prevail. At some point I will have to stop supporting KPFK if they continue to thwart the will of the majority over some stupid pretense that a majority of workers at one station have more rights than the membership that makes their employment possible at all. Here’s a test: If I and my fellow members remove our financial support from Pacifica, will there be a Pacifica? No? Then we are the owners of the station, and the workers work for us. It’s that way in unions too. Majority rules. Stop standing in the way of progress or we will stop supporting Pacifica. David

Sounds pretty un-democratic; 6640 to 5216. What, are the Republicans trying to take over Pacifica too?

Without IAN MASTERS, KPFK has lost much of its authority and reliable up to date information. How stupid!

I have maintained a membership even while homeless. If this BS continues I will file suit for a refund for services not rendered

We need competent management, not manipulation!

Jerk the jerks after assertaining their real operating principia

Damn, you lost Ian Masters, a glaring wakeup call. He’s truly one of the best & brightest, a tremendous asset of integrity & knowledge now gone. Get real, in all associations, & get him back. Start with firing the legal team, immediately.

Come together, one and all. Let’s do this

“This network was established 75 years ago by pacifists who forged it into a progressive force built on competent management and fierce beliefs in democracy and fairness. The dysfunctional governing structure and current leadership have not only failed to live up to these standards and ideals, but have put the very survival of our stations at risk. “ This says it all…

Democracy means one elector, one vote, counted one and the majority wins.

It is outrageous that the results of the election are not being respected and enabled. The situation must be immediately corrected and the elected board allowed to take control.

I want the current Pacifica board to stop its self-dealing ways and get let Pacific get back to solvency and the ideals of KPFA’s origins.

The majority rules. We need the vote enforced to reflect the correct outcome.

I’m a former WPFW board member and longtime financial supporter. I’ve currently supported Ian Masters’ Background Briefing financially — for the past 1-1/2 to 2 years but never recvd any acknowledgement from his non-profit. Nonetheless, Pacific is our progressive voice that desperately must be strengthened. The focus should be your “asks” and ‘To Do’ list.. 1. bylaws must be strengthened to prevent future hijackings..2. immediate asks to achieve financial transparency …3. strategic plan for fund development …4. solidifying staff labor rights. Thank you again New Day!

It’s in the air isn’t it? This corruption of everything positive and good? I have a very good friend, classmate and roomate from Columbia U who’s brother bought her a condo in an historic building on Central Park South. It’s now surrounded by tall thin buildings that no one inhabits. She says the buildings cast a shadow over Central Park like a picket fence.

Is the current Station Board deliberately trying to run KPFK into bankruptcy and destroy it ? I have a suspicion that the current board is largely Republican sabotuers.

New Day’s position is the only hope Pacifica has for long term survival. Its failure will be the end of our last gasp chance for saving KPFK and Pacifica’s independence.

I just donated a few days ago through PayPal and KPFK. Org. Good luck with the fight.

Pacifica has been circling the drain for sometime now. I have been listening to Pacifica since 1986, first KPFA when I lived in Fresno to KPFK since I moved to Southern California. I use to be avid supporter of Pacifica donating each and every fund drive but the last few years I seldom donate and only donate the minimum required, although I made a significantly increased donation this last fund drive. If Pacifica can’t fix its problems then I will discontinue donations all together. It is sad that Pacifica has succumbed to the incompetent level it currently is experiencing

The way this case is being handled by the court is reckless as this case is time sensitive because operations for employees of the radio station is being sabotaged by a reckless minority of people who are desperate to hold on to power and control.

I need you to honor my vote and show respect for all of us who voted in the majority! Our dollars fund the station, so we deserve competent managers who recognize how valuable our listener voices are. We want our legitimately elected board to be installed immediately and let them get started on working hard to uphold Pacifica’s educational mission.

We need to reinstall Democrcy and Fairness to Pacifica. The current leadership has strayed and is denying the basic princiipals that Pacifica was created to stand for. The people have voted. Let there be Justice

I fully support the actions taken by New Day Pacifica.

I sincerely wish for the Pacifica Board to rise to the occasion in which all its voters expressed by resolution that accepts change to improve its management as New Day Pacifica (NDP) enters a new phase. NDP votes cast were in the majority and certainly deserves. When the executive board’s legal team has refused to accept the majority vote count, they need to be abandoned and replaced with fairness and a Democratic team using donations for what they’re supposed to be used for. 75 years of broadcasting now televised with archives of video taped shows deserve the historic prominence Radio Pacifica and all its sister stations have earned.

Please respect the voice / votes of the Pacifica / KPFK members. Change is needed at this time. As a ‘sustainer’ to KPFK, it is important that the quality programs, programmers and volunteer staff continue to receive our support.

The legal expenses are off the hook and a real deal breaker, most especially for union busting firms and unethical legal practices.

Let’s save the best independent non-profit media enterprise ever invented.

sms-save my sanity!

please honor the voting tally, including the disappeared candidates. Show the true vote count. Stop spending money on legal defense. Honor the commitment to the staff of Pacificia. Get new management in place at the station. Thank you Don

No matter the outcome of all of this, please do not remove any or all of Roy of Hollywood’s program. As a KPFK sustainer, I feel VERY strongly about this! Thank you.

Pacifica must change in order to survive. Growth is essential. We need all 5 stations to do the work of Pacifica!

In 2021, the members of Pacifica Radio voted on a member initiated Bylaws referendum, for the New Day Pacifica Bylaws and election of four officer Directors.

The members voted 6820 to 5471 to approve the new Bylaws and to elect the four officers.

Listeners members voted 6640 Yes and 5216 No. 

Staff members voted 180 Yes and 255 No. 

Pacifica Counsel ruled the referendum lost claiming that it required separate approval of staff and listeners.

Pacifica Counsel gave two arguments.

(1) A prior agreement stipulated separate approval of staff and listeners.

(2) The Bylaws requires separate approval of staff and listeners.

Neither argument is valid.

(1) A Prior Agreement Stipulated Separate Approval of Staff and Listeners.

Pacifica Counsel, Arthur Schwartz said:

Under [the December 4, 2020] agreement, the New Day Referendum would proceed by two parallel votes, one by listener members and one by staff, with approval being contingent on majority approval from each group. (Schwartz Decl. ¶ 12 (emphasis added).

—

The December 4 agreement said:

“10. The voting process, and the Fair Election Rules, will be identical to the process and the rules used in February 2020, as described in the NES Final Election Report of March 2020, …”

The 2020 Final Report said:

“The Pacifica Bylaws Referendum consisted of two parallel –  votes, one amongst eligible listener members and one amongst eligible staff (paid and unpaid) members at all five stations.

—-

The clause “approval being contingent on majority approval from each group” was not  in the signed agreement.

Pacifica Counsel’s argument that a prior agreement stipulated separate approval of staff and listeners is not valid.

The Bylaws and California law govern how the staff and listener votes are counted.

(2) The Bylaws Requires Separate Approval of Staff and Listeners.

The Bylaws say: “such adoption, amendment or repeal also requires approval by the members of a class if such action would materially and adversely affect the rights of that class as to voting or transfer in a manner different than such action affects another class.” (First Am. Compl. ¶ 14, Ex. A, Article XVII Section 1(B)(3).)

Bylaws recognize separate voting groups; however, having separate voting groups does not mean approval is contingent on the approval of each voting group.

In the 2020 referendum, the Bylaws did required separate approvals of staff and listeners members because the proposal eliminated staff representation. The staff was materially and adversely affected as to voting in a manner different from the listeners. 

In the 2021 referendum, the Bylaws did not require separate approvals of staff and listener members because the new Bylaws proposal did not materially and adversely affected one class as to voting in a manner different from another class. 

Pacifica Counsel argues that the 2021 referendum would materially and adversely affect the staff in a manner different from the listeners because:

(1) it would have split the “Staff Class” into “Paid Staff “ and “Unpaid Staff” and

(2) reduced the number of guaranteed seats that staff members would have the exclusive right to hold and to elect from 5 to two. Staff would have their guaranteed Board role reduced from 22.72 % to 13.3%.  (First Am. Compl. ¶ 18.)

Following are the effect of the proposed Bylaws on the staff.

(1) If the staff voted as one class, the Board can end up with all paid staff Directors or all unpaid staff Directors. To ensure that the staff have fair and democratic representation, there are one paid staff Director directly elected by the paid staff, and one unpaid staff Director directly elected by the unpaid staff. Splitting the staff into paid staff and unpaid staff is “material” and “different” from how listeners would be affected, but allowing paid and unpaid staff to elect their own representative actually enhances their voting rights and representation and thus does not affect them “adversely”.

(2) One of the goals of the New Bylaws was to reduce the size of the National Board. The number of guaranteed staff and listeners seats were both reduced by two-thirds, so listener seats was reduced from 15 to 5, and staff seats were reduced from 5 to 2. Reducing the number of guaranteed seats that staff members would have is both “adverse” and “material”, but it is not “different” from how listeners would be affected.

Pacifica Counsel’s argument, that the Bylaws require separate approval of both staff and listeners, is not valid.

Summary:

In the 2021 referendum, Pacifica members voted for the New Bylaws by a solid and democratic majority of 6820 to 5471 (55% to 45%). 

Pacifica Counsel overruled the democratic vote of the members based on two arguments that are not valid.

It is also concerning that the Pacifica Counsel was strongly opposed to the proposal. (See Note.)

Pacifica needs to recognize the combined vote of the listeners and staff, who clearly want Pacifica’s broken governance fixed. 

Note:

Arthur Schwartz falsely stated at the PNB Meeting Part 2 April 15, 2021 [46:55-47:40]

“What bothers me most about these bylaws is that, for—whether it’s 1-1/2 months or 3 month I’m not sure—there would be four people running Pacifica, no Board. They could do whatever they want, whatever they want.

And it somehow hits me in the gut that WBAI would be back off the air, if these four people just got to run it, without a Board, without representation from anybody else in the United States from any of the stations.

And that’s the biggest part of this. That there is a period of total dictatorship by a 4-person committee that could totally change Pacifica.”