top
US
US
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Calendar
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Pacifica Overrules the Democratic Vote of the Members
by Akio Tanaka
Sunday Dec 26th, 2021 1:32 PM
Both with the New Bylaws referendum and the KPFK Delegates election, Pacifica overruled the democratic vote of its members.
democracy.png
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.

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.

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.

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

by Anonymous
Seems a bit weird to leave out last week's tentative court ruling, which determined the results were proper, the bylaws amendments lost, New Day Pacifica's position lacked merit, and called the above opinion: "essentially a thinly-veiled attempt to reverse a vote".
by Akio Tanaka
The judge said “…when the existing by-laws require a ¾ vote under Article Seventeen, B 2(ii).”
The judge was confusing amending the Article of Incorporation, which takes a 3/4 majority, with amending the Bylaws, which takes a simple majority.
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

Donate Now!

$ 202.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network