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Pacifica Defends Its Record, Responds to False Claims

by Pacifica Foundation National Office
Pacifica Radio is being defamed and threatened, but the progressive radio network is fighting back. The National Office warns lawyers attempting to intimidate the organization that Pacifica will “do everything that is required to defend the Foundation against frivolous claims and will aggressively pursue our own legal rights against those who misuse the legal process or make defamatory statements against us.”
BERKELEY, CA – Throughout its history, the Pacifica Foundation has fought for the elimination of gender bias, discrimination and sexual harassment in U.S. society and within its own ranks. Its employment practices clearly reflect this commitment. Nevertheless, there has been a recent and concerted attempt by a small number of people to distort Pacifica’s record and current practices for personal gain.

“Pacifica is being defamed and threatened by a small group who see it as an easy target,” charged Greg Guma, Pacifica’s Executive Director, in a public statement to the Board of Directors during its recent quarterly meeting in Los Angeles. “This represents a cynical, organized attempt to intimidate Pacifica, to undermine its finances, to spread disinformation, encourage cynicism, and gang up on the organization in an effort to extort settlements.”

This week, Pacifica’s General Counsel Dan Siegel followed up with a strongly worded letter to the attorneys for four current plaintiffs, warning them about false statements made in press releases and Internet traffic. Pacifica will “do everything that is required to defend the Foundation against frivolous claims and will aggressively pursue our own legal rights against those who misuse the legal process or make defamatory statements against us,” he warns.

Siegel’s letter, sent to California attorneys Wendy E. Musell, Elisa J. Stewart, Laurie Susan Gosline, Philip J. Ganz, and Toni J. Jaramilla, as well as New York attorney Carl C. Belgrave, outlines a series of concerns regarding recent public statements made by the lawyers concerning their clients’ disputes with the Foundation.

Pacifica’s commitment to fairness and equity in employment has been demonstrated, Siegel notes, by its careful consideration of the claims and, when warranted, the disciplining of managers. In addition, the organization has offered to settle several claims.

However, “the Foundation will not devote its limited resources to the settlement of claims that it views as without merit, will not settle claims for amounts that exceed their value, and will not fail to respond to defamatory statements about the organization and its leaders,” Siegel writes.

In July, a lawsuit brought by a member of the Local Station Board at KPFT, Pacifica’s sister station in Texas, was dismissed by U.S. District Court Judge Lynn Hughes. In addition to dismissing the case, the judge advised that the Board member could be expelled from the Board for disrupting meetings and obstructing the station’s operations.

In recent statements by lawyers attempting or threatening to sue Pacifica, a variety of false claims are made. For example, their statements allege that women at Pacifica have faced “physical threats” and “sexual assaults.” This statement is inflammatory and untrue, and holds Pacifica up for undeserved public criticism, Siegel says.

The statements also falsely allege that Pacifica has failed to investigate complaints of discrimination and harassment, and has engaged in retaliation. In reality, all complaints have been fully investigated and those making the complaints remain employed by Pacifica in the same jobs with the same compensation that they received before making their complaints.

In his remarks to the Pacifica National Board, Guma was blunt. “Pacifica is not the horrible, oppressive, discriminatory workplace its critics would have the public believe,” he said. “Their lies, fabrications, and self-serving disinformation must be disavowed and challenged.”

In his letter, Siegel adds that Pacifica will continue to oppose discrimination and harassment, and certainly won’t retaliate against anyone who makes a complaint. In fact, as its record clearly demonstrates, the Foundation “will do everything possible to fairly remediate complaints that are brought to our attention.”

On the other hand, Siegel also reminds the lawyers involved in current cases that they have an obligation to verify the accuracy of the charges filed over their signatures. If the foundation finds that malicious prosecution or libel is involved, it “will not hesitate to bring such actions when justified by the facts,” he warns.
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by Crisis Management
Greg Guma, Dan Siegel Clean Up Your Act

It appears that Guma and Siegel are worried because people see Pacifica as a "soft" target by plaintiffs and lawyers representing
them. They are right. Pacifica Foundation members have been forced to pay hundreds of thousands of dollars to
employees whose labor and work rights have been violated by incompetent managers and an
a administration that has no transparency. Some former managers such as
Jim Bennett has admitted under oath that he knew nothing about proper management, discriminatory regulations and other procedures
that he should have been aware of. Managers like Bennett are kept in place because the
entrenched staff at many of the stations do really not want managers at all and would rather
have incompetents than managers who know the law and do not play games with the staff.
In fact, the recent resignation of the Pacifica Human Resources Director came about as a
result of blantant opposition to having a clear procedure and management accountability on
how Pacifica and the managment operates.
Instead of dealing with incompetent management and
a staff that is out of control, they now resort to blaming workers who have been discriminated
against and the lawyers.
The core problem is that the managers of most of the stations run them like leaders of a cabal
playing favorites with various long time entrenched staffers at the station. There is no real oversight
over them and the result is management actions that threaten the Pacifica Foundation.
Siegel himself knows about conflicts of interests since he has in the past represented
himself and clients at the same time knowing that he personally has a ethical and legal
conflict of interest. Dan Siegel now is working actively to re-write the Pacifica bylaws supposedly
to make it function better but has allowed flagrant violations of the present bylaws by his silence
and complicity with this incompetent and self serving management.
So much for threatening the workers and their lawyers.
by managing pacifica
Pacifica is a mess. It's such a mess that it's having a hard time getting competent radio professionals to apply for its advertised management positions. No radio professionals want to deal with the culture of dysfunction that has set in at the network.

A major impediment to the network cleaning up its act is the presence of cumbersome boards, which hamstring and block any efforts to tighten up the sound of the network's air. Unlike boards of directors at pretty much any other non-profit entity in the world, Pacifica's boards are not made up of competent and well adjusted individuals with demonstrable skill sets to offer the network. No, the board's are made up predominantly of a strange assortment of disgruntled, overly involved, obsessed, or just plain crank individuals with no particular qualifications to sit on the board of a multi-million dollar organization.

Many, but not all, of the board members have axes to grind with the organization going back years in many instances. Others belong to fringe authoritarian political groups who are seeking to infiltrate the network for their own selfish political ends. They do not have the best interests of the network at heart and reflexively oppose any management effort to right the Pacifica ship. They wrongly equate professionalism and competence with "mainstreaming" the organization, failing to realize that the network's mission of promoting peace and social justice won't get out if the quality of the programming is unlistenable. The sooner the bylaws are reformed to place the boards in their proper position of monitoring the station's budget and supplementing the station's fundraising and outreach efforts, the better.
by Making More Excuses
As this management flac or KPFA staffer knows, management and the staff cronies operate
the way they want to operate. They fire and get rid of people that they don't want or who
challenge their methods.
The interim manager and interim program director are in charge and they recently without
consulting with the LSB board appointed this NPR pro Laufer for the Sunday show. Now they
want to blame the board for their incompetence. They have the majority on the board and
do as they please without regard to what the board wants or doesn't want. When they went
after Miguel Molina for encouraging people to go to anti-war rallies did they ask the board?
As this flunkie knows the real problem is an incompetent management team and a bunch of
long term cronies who have cushie jobs for life.
This is why most producers in the bay area want nothing to do with KPFA and most people
are able to manage don't want to touch this. Greg Guma who has left in disgust is part
of the problem after appointing the same old crew to take charge of the station and be
his "aides". He then complains he can't get anything done. He should know why.
by Stop KPFA/Pacifica Mismanagement
As a result of mismanagement by KPFA and Pacifica managers, the foundation
has had to pay $258,000 for the firing and harassment of KPFA programmer
Noelle Hanrahan. Instead of blaming the management and lack of transparency and
accountability for these actions, Pacifica lawyer and counsel Dan Siegel is
blaming the workers and lawyers.
Former KPFA manager Jim Bennett and fundraiser admitted that he did not
know the laws and protections for workers at the stations.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/10/BARNRFQDC.DTL

KPFA settles sex discrimination suit involving Bernstein, Hanrahan

Bob Egelko, Chronicle Staff Writer

Friday, August 10, 2007

A radio journalist who accused a program host at Berkeley's KPFA of browbeating her on and off the air has settled a sex- discrimination suit for $125,000, plus $133,000 in legal fees, against a station known for its advocacy of leftist politics and women's rights.

Noelle Hanrahan, who worked at the station on and off for more than a decade before being fired in 2002, says the images of the station and its parent Pacifica network as beacons of equality are contradicted by their treatment of her and several other women who have filed suits or discrimination complaints against Pacifica stations in other cities.

"KPFA has had a history of treating female employees in a way that's both illegal and contrary to Pacifica's mission," said Hanrahan, an elected member of the station's local advisory board.

The network's lawyer, Dan Siegel, denied that Hanrahan was mistreated and said her case arose from a personality conflict that was cheaper to settle out of court than to take to trial.

"I don't believe this is an organization that has a problem with gender bias," Siegel said. He said KPFA, the network's flagship station, now employs women as its general manager and program director after a period of leadership changes.

A previous general manager, Roy Campanella II, was fired last year after eight female employees accused him of sexual harassment and abusive behavior, allegations he has continued to deny.

The issue is difficult for a station and a network that promote themselves as progressive alternatives to the broadcasting and political establishments. The Pacifica Foundation was launched in 1946 by pacifist Lew Hill, who founded KPFA three years later as the nation's first radio station supported entirely by listener contributions. Pacifica also has outlets in Los Angeles, New York, Washington, D.C., and Houston.

Hanrahan specializes in reporting on prison conditions and has worked on broadcasting and book projects with Mumia Abu-Jamal, the Pennsylvania Death Row inmate and ex-journalist whose police murder case is a rallying cry on the political left.

In her 2005 lawsuit, she said she was hired by KPFA in 2000 to be an associate producer and co-host of "Flashpoints," a weekday afternoon program on public affairs and politics. From the start, she said, she was treated with hostility by longtime host Dennis Bernstein, who had berated her during a previous stint on the program in 1997.

Hanrahan said Bernstein told her in October 2001 that he would torture her until she quit and would not allow her any air time. She said he also refused to inform her of upcoming topics and guests, and excluded her from planning sessions.

She said she complained to KPFA's acting general manager, Jim Bennett, who told her things would only get worse if she filed a grievance. In November 2001, she said, Bernstein told listeners that Hanrahan had made false accusations against him and was trying to take over the program, and asked them to call the station and urge her removal.

Hanrahan said she was excluded from the building three months later and was fired in September 2002. Her damages suit in Alameda County Superior Court was settled in February, but she is also seeking reinstatement to her job, and has an arbitration hearing scheduled in November.

In a news release announcing the settlement, Hanrahan and her lawyers said another woman had quit "Flashpoints," alleging mistreatment by Bernstein, and four other women had filed discrimination complaints or lawsuits against Pacifica stations in California and New York. The cases show that the network lacks effective grievance procedures and retaliates against those who complain, Hanrahan and her lawyers said.

Defense lawyers, in court papers, said Bernstein found it hard to work with Hanrahan but "tried to treat her fairly and professionally at all times," and denied discriminating against or threatening her. Siegel, hired recently as Pacifica's general counsel, said Hanrahan was trying to convert an assortment of unrelated personnel disputes, in her case and others, into an unfounded ideological indictment.

"Mr. Bernstein has had disagreements with people who work with him during his tenure with Pacifica," Siegel said. "Sex does not appear to be an identifying factor in those disagreements. He's had disagreements with men, disagreements with women. No one's ever accused him of touching (Hanrahan) or coming on to her in a sexual way."

Pacifica, Siegel asserted in a letter last month to lawyers for the women in the remaining cases, "will continue in its efforts to oppose discrimination and harassment wherever they arise."

E-mail Bob Egelko at begelko [at] sfchronicle.com.
The person who posted '' Real issue '' expresses the Real platform of the so called ' Concerned Listeners ''. They want the Local Station Boards to be put in their ''proper place ' , that is as rubber stamp bodies who's main function is fundraising and showering praise on the programmers (no matter how lame and Anti-communist Liberal like Bensky's handpicked successor Peter Laufer )
I don't know who the PeoplesRadio folks are running this year but i will be backing them . Hopefully they will avoid the name calling that they attacked each other with last year . That , i think, cost them the election .
by Real Issue
All right let's get something straight. I am not a so-called "flunkie". I'm a listener bored with all this stupid political infighting. The unmitigated gall and arrogance of some of these people who assume because someone doesn't agree with them, they must be some kind of dupe for one side or another. That kind of arrogance takes some doing.

Second of all. Check any guide book, or rules for a non-profit board anywhere. I challenge you to find one that doesn't say fundraising is a key duty. I challenge you to find one that says getting involved in station minutae is part of the job. Go ahead, look! You won't find it. You sound as if management making management decisions is some kind of freakish thing. That's what managers do. They don't have to run it by some board everytime. How could anything get done that way? Non-profit boards provide periodic oversight of the budget and occasional management evaluations. Maybe twice a year. That's it. If you kind find one non-profit organization that operates differently, I'll eat my hat.

What's so strange about management hiring and firing employees? On what planet is that something to be condemned? I'll tell you, the loopy planet Pacifica. The previous posters haven't provided a shred of evidence to show that board interference in management affairs is desirable, or even called for in any by laws.

Also the claim about "cushy" jobs is laughable. Who in the heck is making any money at Pacifica? Puh-leeeeze.

Lastly, Laufer is solid on the radio. He sounds good and like he knows what he's doing on the radio. So what if you don't agree with everything he says. Good radio isn't a damn echo chamber. Unlike some other programs on KPFA that shall go unnamed. You're really out there with accusing him of being anti-Communist. Who in their right mind isn't against totalitarianism? Look around.
'' Real issue '' should be careful with his redbaiting . Half of the group he supports , the '' Concerned Listeners '' , are former open members of the CPUSA . So are many members of the Wellstone club who created the ''Concerned Listeners '' .
Many Marxists of various stripes have played major roles , some very good , some very bad , at Pacifica over the decades .
The biggest issue regarding Peter Laufer isn't his ''safe '' mainstream liberal views . It's the way he conducts the show . His now well know gushing interview with Corporate Dem Tom Bates showed where Laufer was coming from .
Another issue of concern was the way he got the job. The program council was totally ignored by the G.M. and P.D. (Not coincidentally both women are strong backers of the Concerned Listeners . )According to inside the station sources several other far more dynamic people were rejected because they were considered to be too independent and too radical .
Why would self described ''Marxists'' like Program Director Sasha Lilly support a pro capitalist , pro 'development '' guy like Laufer ? Good question . Unfortunately when asked that question by a listener on the air Lilly refused to answer .
by real issue
I frankly don't know, who "concerned listeners" or any of these other factions are and don't care to know. The term "red-baiting" is often used to shut off criticism of totalitarian communism. What was wrong with "red-baiting" historically was not that it rightly opposed murderous communist dictatorships, but that it wrongly accused people of being associated with it without any evidence.

Anyone surveying the history of the 20th century and the mass production murder of communism in Russia, China, Cambodia and elsewhere, and still supports that twisted, fanatical ideology needs some serious moral and perhaps mental help.

Now, if some folks used to belong to communist groups and have seen the error of their ways, and have moved beyond it, more power to them. But for those who still advocate it and are frankly ruining Pacifica, well then that's to your eternal shame.
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