PACIFICA OVERRULES THE DEMOCRATIC VOTE OF ITS MEMBERS

Both with the New Bylaws referendum and the KPFK Delegates election, Pacifica overruled the democratic vote of its members.

In 2021, Pacifica held two elections: A referendum on a New Bylaws, and a Delegates Election for the Local Station Boards.

In both elections, Pacifica overruled the vote of its members. 

Pacifica needs to recognize the democratic vote of its members.

PACIFICA RULES NEW BYLAWS LOST DESPITE THE 6820 TO 5471 VOTE

In 2021, the members of Pacifica Radio voted on a member initiated Bylaws referendum and election of officers.

Par agreement, the 2021 referendum used the voting process used in the prior 2020 referendum, which consisted of two parallel votes, one amongst listener members and one amongst staff members.

Listeners members voted 6640 Yes and 5216 No.

Staff members voted 180 Yes and 255 No.

The Bylaws govern how the listeners and staff votes are counted.

In the 2020 referendum, the Bylaws 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.

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 needs to recognize the vote of the members, who clearly want Pacifica’s broken governance fixed.

PACIFICA DISQUALIFIES 4 CANDIDATES ENDORSED BY NEW DAY PACIFICA

Soon after the Bylaws referendum election, Pacifica held the Delegates election for the Local Station Boards.

After the end of voting, Pacifica disqualified 4 listener Delegates candidates at KPFK. The 4 candidates were endorsed on a postcard that was sent out by New Day Pacifica. 

The ostensible reason for the disqualification was that the card also solicited funds to hire lawyers to represent the voters who voted Yes on the New Bylaws.

New Day Pacifica was soliciting funds to ensure that the vote for the New Bylaws proposal was counted in accordance with the Bylaws, after Pacifica filed a lawsuit to invalidate the members vote for the New Bylaws, using member donated funds.

In any case, the 4 disqualified candidates were not soliciting funds. They were merely endorsed by New Day Pacifica. They did not violate any law or Fair Campaign Provisions. (See quote from Nancy Pearlman)

“I was endorsed by probably dozens of organizations over the 20 years that I ran for the College Board. If I asked an organization to endorse me, or an organization asked me if I wanted to be endorsed, and I said “yes”, it would never occur to me that I had some kind of an obligation to review whatever else the endorsing organization sent out in the same mailer. Pacifica’s trashing of the votes of people who voted for me, because New Day asked for donations on the same postcard is truly bizarre. Especially since No one from Pacifica ever contacted me directly to discuss the matter, before simply blackballing me.”

–Nancy Pearlman, Director Emeritus of the Los Angeles Community College Board, and one of the KPFK candidates

Pacifica , however, did violate California Corporations Code 5513(d), because disqualifying the candidates after the end of voting effectively revoked members written ballots after they were cast. 

Pacifica needs to reinstate the 4 disqualified candidates and re-tabulate the  KPFK Delegates election results. 

Summary:

Both with the New Bylaws referendum and the KPFK Delegates election, Pacifica overruled the democratic vote of its members.