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Indybay Feature
A Response to Pacifica in Exile article ‘Bad Bylaws Take 2’
by Akio Tanaka
Thursday Sep 10th, 2020 9:20 AM
9-3-20 Pacifica in Exile (PIE) article ‘Bad Bylaws Take 2’ critiques the proposed New Day Pacifica (NDP) Bylaws. Following is a response to the article, giving the reasons why you should sign the petition for the new Bylaws.
------------
PIE: Lowers the standard for future membership petitions to change the bylaws to the signatures of 1% of the members, currently 500-600 people. This allows a small group to force a six figure outlay of charitable donations to entertain their ideas. Pacifica recently changed this bylaws clause to require 5% of the membership to sign on, so that the Foundation does not waste money on referendums that have no chance of passage. By changing it back, the New Day proponents suggest that further amendments are likely in the offing if these new bylaws are adopted. Pacifica has already lost $150,000 to their new bylaws proposals this year, with another $100,000 to come if this new "New Day" bylaws referendum is forced.
- - -
Response: The drafters of the NDP Bylaws revised the Bylaws with the goal that essentially only the composition and election of the Pacifica National Board, and the composition, election, focus and power of the Local Station Boards would be changed, along with a few other items which would help the Network function better. To this end, it was the essential intent of the drafters that the other parts of the Bylaws would change as little as possible, removing or changing only those things that were necessary to accomplish the major goal, while leaving the spirit and the contents of the balance of the Bylaws intact, to the extent possible.

The cost of the referendum was $53K according to the report of the National Election Supervisor.
https://elections.pacifica.org/wordpress/pacifica-bylaws-final-report-2020/
Any additional cost was incurred as result of the PNB forcing the matter to go to court, and losing every time. It was listeners’ money that was spent because the PNB refused to follow the Bylaws and allow the referendum to take place.

------------
PIE: A new 15 member Pacifica National Board is 1/5 self-appointed, with 4 nationally-elected officers, 3 self-appointed members, 1 national paid staff rep (representing 100 people), 1 national unpaid staff rep (representing 1,000 people), 1 affiliate rep (representing a portion of the 220 affiliates), and 1 elected rep for each station (giving each station 1/15 of the board to represent local interests). This is a cut of 60% of current staff representation, 10x greater influence for each member of the paid staff over each member of the unpaid staff, a 50% cut in affiliate representation, and a 75% cut in each station's local representation on the national board. It ups the membership requirements for elected members of the national board to 2 years of current uninterrupted membership, making it more difficult for new faces to participate in Pacifica governance.
Sole station-elected directors are supposed to serve on *every* PNB committee, although nonprofit law disallows directors from serving at the same time on finance and audit committees. Station directors can nominally select someone to serve in their stead, but the national board can stop them from doing so by a 2/3 vote. This suggests that some stations may see their station representatives barred from crucial national board committees. No locally-elected director can ever be an officer of the national board.
- - -
Response:
1. The size of the Board is reduced, following the recommendations of CPB, auditors, CPAs.
The Board size is reduced from 22 to 15. It has 8 representative Directors, 4 officer Directors, and 3 at-large Directors.

2. Each stakeholder (five stations’ listeners, affiliates, paid staff, volunteer staff) has a voice on the Board. Proportional representation would have resulted in an unwieldy large board.

3. The 4 Board officers are elected by the entire membership, instead of being elected by the Board majority, increasing democracy and accountability.

4. The 3 at-large Directors are not self-appointed, but are selected by the 12 elected Directors, to bring to the Board experience, expertise, and diversity the elected Board members might lack but the Board needs. The 12 elected Directors have a super-majority over the 3 at-large Directors.

5. It is not true that a Board member cannot serve at the same time on finance and audit committees. Board members have been able to serve at the same time on finance and audit committees, since the passage of ‘The Non-Profit Integrity Act’ of 2004 (SB 1262).

------------
PIE: Affiliates must join a new "Association of Affiliates" 501c3 organization. LPFM and small stations that do not pay annual fees to rebroadcast Pacifica programs are not members of the Pacifica Affiliates for the purpose of participation in governance.
- - -
Response: The new Bylaws allows the Affiliates to select their own Director. Currently, potential Affiliate Directors self-nominate themselves and the National Board makes the selection, so the Affiliates have no say in who represents them.

------------
PIE: Right of membership recall of elected representatives is eliminated. Only the boards can remove their own members, and should they do so, they can replace the removed members with anyone they choose to serve out the duration of a 3 year term.
- - -
Response: Recalls are problematic. The author of the PEI, who was the subject of a recall in 2012, said, “I think recall elections are destructive, expensive, divisive, and represent a desire to eliminate points of view.”

------------
PIE: Local Station boards are transformed into Community Advisory Boards. Removes delegates from governance, and any local oversight of station budgets and management personnel. LSB officers directly elected are a chair, vice chair, secretary, membership coordinator and fundraising coordinator and 1 paid and 1 unpaid staff representative. These 7 people can appoint up to 6 other people or 45% of the new local boards. The five elected CAB members are a chair, vice chair, secretary, membership/fundraising coordinator and community outreach coordinator. The last two positions (membership/fundraising coordinator and community outreach coordinator) would likely cause this body to be ineligible as a CAB. The Corporation for Public Broadcasting requires that a CAB not play any role in station operations. Membership coordination, fundraising and arguably, community outreach are all a part of a station's operations.
Removes local board review of whether "station policies and procedures for making programming decisions and program evaluation are working in a fair, collaborative and respectful manner to provide quality programming". This is replaced with administering a survey that is written by the executive director, which removes independence from the CAB's survey activities and probably violates CPB rules.
Removes local board review of staff diversity and workplace discrimination issues; "To ensure that the station works diligently towards the goal of diversity in staffing at all levels and maintenance of a discrimination-free atmosphere in the workplace" and replaces with a Committee of Inclusion which is granted the authority to "implement specific measures to improve the status of under-represented communities in their respective radio station areas”. Again, the CPB requires that CAB's not participate in station operations so a CAB cannot "implement specific measures".
A non-compliant CAB, as projected by these New Day bylaws, would likely prevent Pacifica from receiving Corporation for Public Broadcasting grant funding in the future.
- - -
Response:
Previous Pacifica auditors, Regalia and Associate, made the following observation: “It appears Pacifica is unable to map out an effective and safe strategy due to the disjointed nature of its various governance Boards which appear to be working at cross purposes.”
One of the major flaw in the current Bylaws is that it allows for local and national governing Boards which often are working at cross purposes.
The new Bylaws take the power to oversee the finances and other items away from the LSB, so that the National Board can function.
The re-focused LSBs qualify as Community Advisory Boards, which will represent the community, because they are elected by the station's members.

The new Bylaws provisions regarding the LSB do not contravene any of the CPB requirements.

Following are the relevant CPB rules: https://www.cpb.org/stations/certification/cert3
(B)The board shall be permitted to review the programming goals established by the station, the service provided by the station, and the significant policy decisions rendered by the station. The board may also be delegated any other responsibilities, as determined by the governing body of the station. The board shall advise the governing body of the station with respect to whether the programming and other policies of the station are meeting the specialized educational and cultural needs of the communities served by the station, and may make such recommendations as it considers appropriate to meet such needs.
(C) The role of the board shall be solely advisory in nature, except to the extent other responsibilities are delegated to the board by the governing body of the station. In no case shall the board have any authority to exercise any control over the daily management or operation of the station.

Regarding the Coordinators: CPB allows non-advisory role for the CAB as long as it does not have any authority to exercise any control over the daily operation of the station.

Regarding the Survey: The reason for having a survey developed by the ED is to have some uniformity in the reports for the five stations. This Bylaws provision is in accord with the CPB provision that says, "The board may also be delegated any other responsibilities, as determined by the governing body of the station." The LSB can generate its own surveys to fulfill the responsibilities of the right to review.

Regarding the Committee of Inclusion: The National Board is ‘implementing the specific measures’, not the LSB. Also, ‘participation’ is not the same as ‘exercising control’.

------------
PIE: Local and national boards removed from any input into the selection of station general managers. All general manager hiring, evaluation and termination is the sole unilateral prerogative of the executive director of the Foundation.
- - -
Response: General Manager’s selection has been politicized under the current Bylaws. The new Bylaws removes the politicization. With the new Bylaws, the democratically elected National Board sets policies and direction and hires the Executive Director (ED) to carry those out. Then the ED hires the General Managers and manages them. It removes the criss-crossing lines of authority which our current Bylaws require, inserting 120 people into decisions regarding Personnel.

------------
PIE: Listener democracy suspended for 3 years. For the first three years, the officers of the new national board would be 4 specific people, two incumbent directors (Jan Goodman KPFK, Lynden Foley KPFT), one retired director (Akio Tanaka KPFA) and one publisher of an LA online blog (Sharon Kyle KPFK). Not a single officer representing the entire eastern half of the United States. These 4 would be the officers through 2023, with the power to select 3 additional at-large directors. No change in board officers could occur until 2024. The chosen 4 would be joined by station representative directors appointed by the current LSB's, half of whose terms expire in 2021 and the rest which expire in 2022. Only the staff and dues paying affiliates would be permitted to choose their national representatives for the 2021-2023 period, representing only 3 members on a 15-person board of directors.
- - -
Response: Listener democracy is being carried out. With the referendum, the listeners are voting on a package; they are voting on the Bylaws and the 4 transition officers.
The 4 officers do not have the power to select 3 at-large Directors. The 3 at-large Directors are selected, after the 4 officers and the 8 representative Directors have been seated.

------------
PIE: Pacifica would administer 41 different elections every 3 years. The New Day bylaws call for 7 distinct elections at all 5 stations for meaningless local positions, and 6 distinct national elections for national officer and staff positions. This would require 15 different ballot layouts (an increase of 50%), 18 distinct voter lists (an increase of 80%), and 41 distinct voting tallies (an increase of over 400%). This would greatly increase election costs, probably more than doubling them due to the increased administrative load.
Each election would be for a single position (including 35 local ones with no actual power to do anything) and would be strict majority rule requiring a majority of all votes cast. This makes it difficult for minority demographics or viewpoints to obtain any of the seats and given the current profile of Pacifica's membership as overwhelmingly white, would likely lead to decreased diversity on the boards. Less arguments, to be sure, but at the cost of a full range of ideas, vigorous representation of minority interests, diversity and innovation.
- - -
Response:
With the current Bylaws, there are two election every three years, and each station has two ballots, one for the listeners and one for the staff.

With the new Bylaws, there is one election every three years, and each station has three ballots, one for the listeners, one for the paid staff, and one for the volunteer staff. There is an increase in distinct voter lists and tallies; however, the number of elections every three years will decrease from two to one.

With the current Bylaws, the members elect the Delegates, the Delegates elect the Directors, and the Directors elect the officers. The Directors are once removed from the members, and the Board officers are twice removed from the members. The whole process result in a Board that is not accountable to the members. Current auditors, Rogers & Company, said, “The current process lends itself to protracted and unproductive discourse between participants.”

With the new Bylaws, the Pacifica leadership is directly elected by the members, thus increasing democracy and accountability. The purpose of the Board election is to elect a Board that will help fulfill the Pacifica mission, which is to give the public an alternative to corporate media.

---------------
The new Bylaws will have a Board that will be smaller and more effective.
You can sign the petition for the new Bylaws at: https://newdaypacifica.org/petition/


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by Pacifica In Exile
Friday Sep 11th, 2020 1:56 PM
Much of this is quite wrong, Aki, but I'll keep my response brief. I will add that I think this constant advocacy by you of a plan to install yourself as an officer of the Pacifica National Board for 3 years is somewhat unseemly. If you are trying to argue a case on the merits, it should be argued by someone who is a not a direct beneficiary of the intended bylaws changes.

1. The cost of the last bylaws referendum in February/March of 2020 was $150,000. Money down the drain at the worst possible time and for a forced referendum that was overwhelmingly defeated by Pacifica members by a 2-1 margin. The proponents (you and others) pointlessly went to court because you wanted the referendum to occur in 2019 and it occurred in 2020 regardless of your efforts. Going to court when you lacked sufficient support for your proposal was irresponsible and disrespectful of the purpose of membership donations.

2. Proportional representation is still the voting method prescribed in your new proposed bylaws. Do you understand that? IRV is a form of proportional respresentation.

3. The meaing of "self-appointed" is that board members are appointed only by other board members.

4. The Nonprofit Integrity Act states that only 50% of the members of the audit committee and finance committee may be the same people. That doesn't allow all the sole station representatives to serve on both. Pacifica decided long ago to comply with the Sarbanes-Oxley Act and not allow anyone to coexist on both. This is established best practice for large nonprofits.

http://miedemas.com/2015/11/23/finance-audit-committees-together-or-separate/

5. The new "association of affiliates" only includes affiliate members who pay dues. Many small Pacifica affiliates like low-power stations, don't pay dues because they don't have much money, so they are excluded under this model.Several affiliate directors in the past have come from the low power radio community.

6. Memership coordination and fundraising are daily operations of a station and are not advisory functions.That is not what CPB-approved community advisory boards do. There are many examples of CAB's. Look around. You will see that none of them operate as you are proposing this body would do. A CAB is unable to fulfill the main purpose of surveying the station's responsiveness to community needs if the survey is directly written by the executive director. That is a conflict of interest and defeats the point of an independent survey.

7. Democracy is suspended for 3 years. The board officers, including yourself, are locked in and the current local boards continue to pick the sole station representatives after their elected terms expire.

8. If you had ever administered an election, you would understand that all of the work is in the ballot prep, the list management and the vote tallies. Tallying 41 distinct elections with 15 distinct ballots and 18 distinct voter lists literally quadrupes the election-related work and costs. More importantly, making all of these many positions majority rule elections defeats diversity in the boards.

These are bad bylaws. Don't sign the petition.


by Akio Tanaka
Saturday Sep 12th, 2020 6:20 AM
Being a secretary is a burden, not a benefit. I have no particular desire to be an officer; however, if we are finally able to have a Board that functions, I am willing to sit through the meetings and take notes, since I did it before.
by Akio Tanaka
Saturday Sep 12th, 2020 1:27 PM
----------
1. The cost of the last bylaws referendum in February/March of 2020 was $150,000. Money down the drain at the worst possible time and for a forced referendum that was overwhelmingly defeated by Pacifica members by a 2-1 margin. The proponents (you and others) pointlessly went to court because you wanted the referendum to occur in 2019 and it occurred in 2020 regardless of your efforts. Going to court when you lacked sufficient support for your proposal was irresponsible and disrespectful of the purpose of membership donations.
- - -
Response: The expense beyond $53K was avoidable. Additional cost was incurred as result of the PNB forcing the matter to go to court, and losing every time.

---------------
2. Proportional representation is still the voting method prescribed in your new proposed bylaws. Do you understand that? IRV is a form of proportional representation.
- - -
Response: No disagreement.

---------------
3. The meaning of "self-appointed" is that board members are appointed only by other board members.
- - -
Response: Dictionary definition of ‘self-appointed’: having assumed a position or role without the endorsement of others.

---------------
4. The Nonprofit Integrity Act states that only 50% of the members of the audit committee and finance committee may be the same people. That doesn't allow all the sole station representatives to serve on both. Pacifica decided long ago to comply with the Sarbanes-Oxley Act and not allow anyone to coexist on both. This is established best practice for large nonprofits.
http://miedemas.com/2015/11/23/finance-audit-committees-together-or-separate/
- - -
Response: It is true that is best practice is not to serve on audit and finance committee at the same time; however, it is not true that serving on both is “disallowed’. The Directors can choose or not choose to serve on any committee, so most likely they will follow best practice.

---------------
5. The new "association of affiliates" only includes affiliate members who pay dues. Many small Pacifica affiliates like low-power stations, don't pay dues because they don't have much money, so they are excluded under this model. Several affiliate directors in the past have come from the low power radio community.
- - -
Response: The affiliates are still working out the details of their association; however, it is better going forward, for the affiliates to select their own Director, rather than being selected by the PNB.

---------------
6. Membership coordination and fundraising are daily operations of a station and are not advisory functions. That is not what CPB-approved community advisory boards do. There are many examples of CAB's. Look around. You will see that none of them operate as you are proposing this body would do. A CAB is unable to fulfill the main purpose of surveying the station's responsiveness to community needs if the survey is directly written by the executive director. That is a conflict of interest and defeats the point of an independent survey.
- - -
Response: The Bylaws provision for ‘Specific Powers and Duties’ of the LSB says:
C. To assist in station fundraising activities, including off-air membership recruitment for station.
D. To actively reach out to underrepresented communities to help the station serve a diversity of all races, creeds, color and nations, classes, gender and sexual orientations, and to help build collaborative relations with organizations working for similar purposes.

The Bylaws say LSB is to ‘assist the station’ and ‘help the station’. CPB allows the CAB to engage in non-advisory activities as long as it is not in control of the daily operation of the station.

The Bylaws do not preclude the LSB from conducting an independent survey.

---------------
7. Democracy is suspended for 3 years. The board officers, including yourself, are locked in and the current local boards continue to pick the sole station representatives after their elected terms expire.
- - -
Response: Democracy is not suspended for 3 years. The members are voting on the 4 officers to serve 3 years, the staff are electing their Directors, the affiliates are electing their Director.

---------------
8. If you had ever administered an election, you would understand that all of the work is in the ballot prep, the list management and the vote tallies. Tallying 41 distinct elections with 15 distinct ballots and 18 distinct voter lists literally quadruples the election-related work and costs. More importantly, making all of these many positions majority rule elections defeats diversity in the boards.
- - -
Response: It is true that election work and cost will increase, but there will be only one election every three years, instead of the current two.

Pacifica needs a functional Board that will help fulfill the Pacifica mission, which is to give the public an alternative to corporate media.

---------------
by Akio Tanaka
Sunday Sep 13th, 2020 6:31 AM
Regarding point 2, ‘proportional representation ‘ does have a specific meaning in electoral politics, so it was misused.

Instead of:
Proportional representation would have resulted in an unwieldy large board.

It should have said:
Apportioning the number of Director seats to reflect number of members of each class and station would have resulted in an unwieldy large board.
by Stop The BS
Monday Sep 14th, 2020 8:08 PM
kpfa_freespeechradio.jpg
This bylaw proposal by Aki and company is a complete sham.

He blames others for the problems of governance but he and his supporters which are a majority on the KPFA LSB board have not been able to even have an evaluation of the manager for over three years. While other boards are able to have a finance committee and other subcommittees of the LSB.

Aki and his cohorts decided they needed time for more committee meetings and put off meetings of the LSB until every other month to get more things done.

Still after years no evaluation of the manager and the program director which is one of the responsibilities of the LSB.

Aki and his supporters also banned the video taping of meetings because they did not want their record and how they voted to be available to the membership.

They want a top down corporate run board and that is what the retread bylaw proposals do.

They complain about the financial crisis but now want to spend a total of $300,000 on proposed bylaw changes.

This arrogance, hypocrisy and conniving shows them to be a obstacle in taking KPFA and Pacifica forward. At the same time the membership of KPFA is dropping precipitously.

This his not something they want to talk to the manager about since they refuse to hold him accountable to the LSB.

They also refused to ask why the manager Quincy transferred $80,000 to the lawyers working to keep WBAI shutdown without reporting this to the Local Station Board and their "treasurer" Sharon This money from the membership was kept a secret from the board but Aki and company have no problem with that malfeasance.

This cabal can't carry out their responsibilities on the board but they want to blame others for their incompetence and their own political bankruptcy.

Why is it that other stations of Pacifica can carry out their responsibilities but Aki and company can't do the work they were elected to do?

Instead Aki and his supporters including programmers BET, Philip Maldari, Eileen Alfandary, Mitch Jesserich and Adrienne Lauby want new bylaws that take away power from the membership, staff and the LSB's. This hypocrisy takes the cake.

They can't do the job but blame others and then want to restructure Pacifica to be a top down organization replicating the corporate media that they say they really don't agree with. So much for honesty and integrity.
by Akio Tanaka
Tuesday Sep 15th, 2020 5:41 AM
It is an irony that network devoted to peace is never at Peace.

The reason Pacifica needs new Bylaws is because all the disinterested knowledgeable third parties have told us that we need to change our governance.

But like with any organization any change will get push back.

Some will attribute sinister motivations. They might be right. People just have to come their own conclusions

In the end, we need a functioning Board that will further the mission of Pacifica, which is to provide the public with alternative to commercial media.

And, the irony will be gone when all the people who are for peace find peace.
by Pacifica In Exile
Tuesday Sep 15th, 2020 12:16 PM
That change is needed doesn't make a bad proposal into a good one. It's a terrible bylaws revision and people should not sign the petition. A reasonable and appropriate bylaws revision will come next year that will streamline and simplify without gutting local oversight. Don't sign the New Day bylaws petition.
by Akio Tanaka
Tuesday Sep 15th, 2020 4:43 PM
Carol Spooner, Co-Author of the Present Pacifica Bylaws:

“We idealistically thought that the Bylaws which we wrote would help Pacifica thrive…but they haven’t. “

“The New Day Bylaws will help to correct many of the excesses of the present bylaws by reducing the size of the board, by getting the LSBs out of station management, and having direct elections of National Board Members--, rather than our present, highly partisan, baroque 2 stage voting process.”
by Stop Duplicity
Thursday Sep 17th, 2020 10:48 PM
sm_aki-tanaka-700x700.jpg
Today, the PNB rejected the scheme by Aki and his KPFA board majority supporters to manipulate the evaluation of the KPFA manager Quincy McCoy and program director.
Their board "secretary" Carol Wolfley pushed through an evaluation process without input from all board members and also eliminated a survey of the staff paid and unpaid on what they think of management.
Aki we should remember supported Quincy McCoy's scheme with Board member Sabrina Jacobs to illegally shutdown WBAI.

Staff member Jacobs muted members of the WBAI board so they could not vote on their illegal motion. So much for democracy.

Their latest effort to rig the management evaluation process at KPFA backfired when the Pacifica National Board PNB ruled that the process was improper and they must start the process over.

Aki, who touts himself as competent can't explain why he and his majority on the Pacific Board have been unable to have an evaluation for years of the present manager. This is one of their jobs on the board.

He also was silent about the plan of Wolfley and company to prevent the staff paid and unpaid from having a voice about the management with a survey. This coincides with his support for new proposed corporate bylaws that would limit staff voices and those from the stations.

The PNB has now ruled that this scheme is improper and must be restarted. If he and his KPFA board majority can't even run a fair and transparent LSB for an evaluation of management they have no business having any responsibilities for the operation of the stations or Pacifica.

Resolution passed by PNB on 9/17/20

9/17/20 Motion Stopping The Improper KPFA Management Evaluation Process
PNB Motion 9/17/2020
WHEREAS the Pacifica National Board and interim Executive
Director received a letter on 8/28/20 from nine members of
the KPFA Local Station Board stating that an evaluation of the
KPFA station manager was currently underway that lacked
transparency and was deficient in not allowing for current
LSB members to have input into the evaluation process and
timeline, as well as in not seeking any feedback from paid or
unpaid staff;
WHEREAS these LSB members had previously made known
their concerns within the KPFA LSB, and in response were told
by the LSB secretary that the LSB-member questionnaire and
other aspects of the GM evaluation process had been decided
by an LSB task force formed in 2017, and
WHEREAS 14 members of the 2020 KPFA LSB were not on the
2017 LSB,
THEREFORE BE IT RESOLVED that the following steps are
required of the KPFA LSB’s performance evaluation of the
KPFA general manager:
1) A presentation of the proposed evaluation process and
timeline must be provided at an LSB meeting, with input and
discussion from current LSB members, before the process is
approved and the evaluation begun.
2) A confidential mechanism for the LSB to collect input from
all paid and unpaid KPFA staff who wish to submit it must be
part of the performance evaluation process.
BE IT FURTHER RESOLVED THAT any management
evaluations already underway at KPFA that are not compliant
with the above standards shall be restarted.

For further information on this crew.

https://pacificafightback.org/victorious-campaign-against-undemocratic-replacement-bylaws/break-up-bylaws/who-and-what-is-behind-the-bylaws-revision/
by Akio Tanaka
Friday Sep 18th, 2020 8:48 AM
The PNB should be focused on ’ensuring the financial health of the Foundation.’
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