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Law Suit Filed Over Recall
by Repost
Tuesday Jul 31st, 2012 7:47 PM
On July 31, 2012, a Complaint for Declaratory and Injunctive Relief
was filed with the Superior Court of the State of California, County
of Alameda regarding the attempted recall election to remove me from
an elected seat as a KPFA listener delegate.
On July 31, 2012, a Complaint for Declaratory and Injunctive Relief
was filed with the Superior Court of the State of California, County
of Alameda regarding the attempted recall election to remove me from
an elected seat as a KPFA listener delegate.

This action was taken due to the flawed conduct of the election, which
prevented members of the Pacifica Foundation affiliated with KPFA-FM
to vote in the election if they paid membership fees between November
3, 2011 and April 30, 2012, despite their clear interest in on-going
representation on the local station board and the Pacifica National
Board.

I regret the necessity to take this action, as I have long regretted
the unnecessary expense of the recall attempt itself.

The request for an injunction will be heard in Department 31 at the
Superior Court of California, Alameda County located at 201 13th
Street in Oakland at 9:00 am on Wednesday August 1st.

http://supportkpfa.i941.net/?p=795

Tracy Rosenberg
KPFA Delegate, Local Station Board
Director, Pacifica Foundation Board of Directors
by Hurrah for Tracy!
Wednesday Aug 1st, 2012 9:01 AM
To find this case on the Alameda Superior Court website, you need the action number: No RG12641585
So, go to the Domain Web of the court at
http://www.alameda.courts.ca.gov/Pages.aspx/DomainWeb

Then click on the Domain Web button near the bottom to get
http://www.alameda.courts.ca.gov/Pages.aspx/DomainWeb

Click Case Summary in the middle of the page to get
http://apps.alameda.courts.ca.gov/domainweb/html/casesumbody.html

As prompted near the top, type the number with letters RG12641585. Click Submit.

You will get the entire court record, attorneys, parties, rulings and the like. On the left side, click Register of Actions. You can print the documents that have been scanned in TIFF format. Alameda County, unlike most of the 58 California counties, scans most of the pleadings. The other will appear soon; this case was just filed.

If you just know the hearing date, but not the number, you can go to the Domain Web at
http://apps.alameda.courts.ca.gov/domainweb/html/index.html
Click on Calendar Information.
The courthouse is probably the Davidson courthouse in Oakland. We have the date, 8/1/12, then click Get Department Listings to get
http://apps.alameda.courts.ca.gov/domainweb/html/calinfobody.html
Click on Department 31, the main Law and Motion court to get
http://apps.alameda.courts.ca.gov/domainweb/html/calinfobody.html
This is a civil ex parte, which even if you did not know that, you could guess it, since it is being done without the usual 30 days' notice, so click on civil ex parte to get
http://apps.alameda.courts.ca.gov/domainweb/html/calinfobody.html
There you will get the number, which you can click on to get the full register of actions, rulings, attorneys, parties as above.

If you know the hearing date and the name of one party, you can find the action number from the main page. Go to
http://www.alameda.courts.ca.gov/
Pull down Online Services, Find your Court Date. This is also the pulldown for Domain Web. Click on the button to Find Your Court Date to get
http://apps.alameda.courts.ca.gov/findyourcourtdate/views/query-listing.aspx
Type in Rosenberg for last name, Tracy for first name, accept the default for today (August 1) and you will get the name of the case and the action number.

IT IS OUTRAGEOUS THAT PEOPLE WHO PAID MEMBERSHIP FEES FROM NOVEMBER 2011 THROUGH APRIL 2012 DID NOT GET A BALLOT. This is a completely rigged election. Thank you for providing this information here as most of us would be otherwise unaware of this urgently needed action.



by Transformo
Wednesday Aug 1st, 2012 7:22 PM
Vote in future KPFA elections, contribute time or money NOW. Empower KPFA to follow through on its mission statement. Do not enable personality/ies to press forward a selfish, career agenda that lacks moral compass, without regard for KPFA's purpose or the community of listeners who pay to forward the KPFA raison d'etre.

KPFA, its mission as a non profit, alternative news, music and information source is for the education and edification of the diverse community of listeners it represents.

NSlaveKPFA/Concerned Listeners/KPFA Worker-etc., pretend to be liberals but instead push a persistent racist, white male superiority agenda, use disinformation and bank breaking, heart breaking, bank rolled lawsuits to sidestep union law and seniority rights, all of which are untouchables unless it furthers the personal ambition and selfish power grabs of their own entrenched clique and its favorites.

Save KPFA (for themselves) would unseat the persons who brought us back from the edge of fiscal disaster, trouble they now want 'others held responsible for', this, to enable a deceitful personality's white knuckle grab for a job, to effect which they would stip this sweet non profit of its purpose.

Vote no on the Rosenberg Recall and bring Engelhardt back. Either that or admit that this station is is a ship for fools, fools who nevertheless have power, to sail into a cheapened media spotlit radio gig tht purports to be 'for the people' relevant and fighting for justice when in reality, it, like its hope to be host has not and is not.
by jon
Wednesday Aug 1st, 2012 11:18 PM
Remember this? Starting in late October 2011, over 1200 people signed this SaveKPFA petition:

http://www.ipetitions.com/petition/pacifica_recall_oversight/

"As KPFA listener-members, we demand you immediately delegate responsibility for running the recall vote on Pacifica treasurer Tracy Rosenberg to a neutral third party (such as the American Association of Arbitrators, or California State Mediation and Conciliation), and have the election conducted promptly. To maintain good faith with KPFA's listener-members, over 800 of whom have signed the recall petition against Rosenberg, Pacifica must avoid delaying the vote or manipulating the process to benefit its political allies. Even the appearance of such behavior will be detrimental to the station and the network."

Pacifica ignored it, no doubt encouraged by Rosenberg. Now she sues over the delay, to create another delay. She just doesn't want those votes counted, does she?


by No More Recalls
Thursday Aug 2nd, 2012 5:45 AM
This kind of government operation was an invitation to a lawsuit as the very petition and many phony signatures itself were questionable, and sure enough, a temporary restraining order stopped the whole thing. Here is the latest news from:
http://www.stopthekpfarecall.org/
August 1st – Update: At a hearing this morning an Alameda County Superior Court Judge issued a Temporary Restraining Order prohibiting the counting of the KPFA recall election ballots until a full hearing on September 10th. The court ordered the ballots sequestered until then.

July 31st — Breaking News: Court Hearing Tomorrow – Temporary Restraining Order Sought to Halt Recall Election Due to Exclusion of Eligible Voters

We will update this page tomorrow after the court rules on the request for a Temporary Restraining Order

We have just learned the shocking news that the KPFA recall election that has been under way for months may be invalid because ballots were not distributed to all those eligible to vote and some were distributed to people not eligible to vote. This violates the clear requirements of the Pacifica bylaws and the California Corporations Code. On these grounds a court has now been asked to stop the election. A statement from Tracy Rosenberg is posted here.

We don’t know the details of how this mistake occurred or who is responsible. We do know that the result is a tragic waste of resources and energy – for KPFA and the Pacifica Foundation; for Tracy Rosenberg, the target of the recall campaign; and for all of the many listener members who have worked both for and against the recall. It’s further evidence – as if any more were needed! – that the furious partisanship that motivated the recall campaign only adds to the grave threats already threatening the future of KPFA and Pacifica.

Distressing as this development is, the problem raised in court by recall target Tracy Rosenberg appears all too real. Pacifica mailed ballots for the recall election on June 28, 2012, using a “record date” (eligibility date) of November 1, 2011 – that is, ballots were sent to everyone who was a qualified listener-subscriber on that date, and not to others who subscribed after that date. In other words, the eligibility date used was almost eight months – 240 days – before the ballots were mailed.

Both our bylaws and the law, however, require an eligibility date much closer to the voting. The California Corporations Code (which governs Pacifica elections because the Pacifica Foundation is registered as a non-profit corporation in California) says the cutoff date for eligibility in an election can’t be more than 60 before ballots are distributed. Pacifica’s own bylaws specify that the interval should be only 45 days. (For the exact language of the California Corporations Code and the Pacifica Bylaws, see below).

What’s at issue is not just compliance with the bylaws and the law – this is a matter of fundamental fairness and democratic rights. The reason the corporations code and the bylaws require record dates close to elections (except for a short interval to allow for preparation of mailing lists, etc.) is to ensure that decisions about an organization are made by its current members. People who let their membership lapse properly give up the right to vote in elections. On the other hand, people who joined more recently have every right to vote.

In light of this news, we again urge the recall proponents to withdraw their petition, lest we face a rerun that can only prolong the destructive infighting and drain more money, time, and energy – resources that would be much better spent helping KPFA and Pacifica return to financial stability, improve their programming, reach out to new listeners, and take better advantage of today’s technology.

Whatever happens now with the recall, we wish to thank the hundreds of people who have steadfastly opposed this unwarranted attack on Tracy Rosenberg, one of our national media justice leaders. They stood up against the infighting at KPFA that undermines the station in this time of endless war, cultural and racist attacks, and the defrauding of our communities. They endorsed the NO on the Recall campaign, produced and handed out leaflets, talked with KPFA listeners at events, sent messages of support, wrote to news outlets, joined social media discussions, provided web and graphic design, donated generously to help us print and mail our postcard, and held many personal conversations. Our committee’s effort has been magnified a thousand fold by their work, and we are grateful and encouraged because they understood the nature of this recall and the urgency to defeat it.

~Peter Franck, Adrienne Lauby, Henry Norr, Mara Rivera, Sally Sommer & Carol Spooner – The No on the KPFA Recall Committee

The Rules in Question

Pacifica Bylaws: Article Three, Members of the Foundation, Section 10: Record Date The record date for purposes of determining the Members entitled to receive notice of any meeting, entitled to vote by written ballot or entitled to exercise any other lawful membership action, shall be forty-five (45) days before the date of the special meeting, 45 to 60 days before the day on which the first written ballot is distributed or made available to the Members (based on the reasonable discretion of the National Election Supervisor), or 45 days before the taking of any other action, as applicable. http://www.pacifica.org/kewg.org/bylaws/art3sec10.html

California Corporations Code Section 5611, part c (c) The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to cast written ballots (Section 7513). Such record date shall not be more than 60 days before the day on which the first written ballot is mailed or solicited. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=05001-06000&file=5610-5617

*************************************************************
The next Local Station Board election's nominating period is this month. See
http://www.kpfa.org/kpfa-lsb-election-process-begins
Key dates for the 2012 elections are:

- August 1 – 30 Nominating Period

- September 1 Date of Record by which Members and Staff must be Enrolled in order to Receive Ballots

- October 15 Ballots to be Mailed

- November 30 Deadline for Receipt of Ballots

- December 15 Deadline to Complete Ballot Count and Certify Election Results
********
Since we have almost annual expensive Local Station Board elections, there is no reason for any recall whatsoever and all recall provisions of the bylaws should be repealed. Hopefully, the anti-recall candidates will run on this platform. The one good thing that came of all this is we now known who the government operatives are on our payroll at KPFA and the current majority at the Local Station Board as they proudly listed their names on their slick mailer and on their savekpfa website. Please vote only for the anti-recall candidates.
by Wouldn't you like to know
Thursday Aug 2nd, 2012 9:10 AM
...very telling!
by Cook
Saturday Aug 4th, 2012 6:34 PM
Dear 'Wouldn't you like to know'
I'll just bet your a lawyer too.
Not that there's anything wrong with that!