Fair Campaign Violations 2018

REGARDING FCP COMPLAINT RECEIVED FOR A CANDIDATE AT KPFT
To all interested parties:
I have reviewed the FCP violations complaint regarding Ted Weisgal’s participation in the memorial for Ray Hill (12/2/2018) which was broadcast on KPFT and kept in the KPFT archive for 2 weeks after the event and also as a video on on the KPFT FB page which reached thousands of views until today when it was removed.

It must be recognized that this is a clear FCP violation as any candidate running in the LSB election knows that once nomination papers are turned in, they cannot go on-air. And, staff at all stations are aware that, during the election, station resources (airtime or other communication real-estate such as a FB page) much be equal for all candidates.

I understand that this was not intentional and was to show respect for the passing of Ray Hill. It nonetheless resulted in giving more exposure to Ted, whether or not he explicitly stated that he was running for the KPFT LSB.
As a result of this first violation, Ted Weisgal has received a warning and will not be allowed to have an aired CART or participate in any listener forum, to correct for the greater allocation of station resources to his candidacy. If there is a second violation, this will result in immediate disqualification.
This resolution will be the way that all future FCP violations will be dealt with:
1) A warning and exclusion from station supported campaign efforts (CARTs / Forums)
2) Disqualification
REGARDING FCP COMPLAINT RECEIVED FOR A CANDIDATE AT WBAI
A candidate Doc Shya called in to the WBAI Morning show on December 18th, 2018. This is a violation of the FCP as she went on-air during the election timeframe. As a result, she has received a warning and will not be allowed to have an aired CART or participate in any listener forum. Another FCP violation will result in disqualification.
REGARDING FCP COMPLAINT RECEIVED FOR A STAFF MEMBER AT WBAI
David Rothberg made explicit reference to the LSB Election and, without naming, made reference to a candidate / group of candidates. This violates the use of WBAI airwaves to influence the Listener election outcome.

On Saturday, Feb 2nd, 2019 at 930 AM, you discussed the current LSB election. While it is encouraged to promote the process as a whole, any staff commentary which uses station resources to influence the listener election in anyway is prohibited. You spoke about specific issues, made assumptions and reference to listener candidates / candidate groups. While you did not state any names, you did make reference to a candidate(s) running in the election. This is in violation of the Fair Campaign Provisions.

1. No Foundation or radio station management or staff (paid or unpaid) may use or permit the use of radio station air time to endorse, campaign or recommend in favor of, or against any candidates for election as a Listener- Sponsor Delegate, nor may air time be made available to some Listener- Sponsor Delegate candidates but not to others.

2. All candidates for election as a Listener-Sponsor Delegate shall be given equal opportunity for equal air time, which air time shall include time for a statement by the candidate and a question and answer period with call in listeners.

3. No foundation or radio station management or staff (paid or unpaid) may give any on-air endorsements to any candidates for Listener-Sponsor Delegate.

4. The Board of Directors may not, nor may neither LSB, nor any committee of the Board or of an LSB, as a body, endorse any candidates for election as a Delegate; however, a Director or Delegate who is a Member in good standing may endorse or nominate candidates as an individual.

5. In the event of any violation of these provisions for fair campaigning, the local Elections Supervisor and the National Elections Supervisor shall determine, in good faith and at their sole discretion, an appropriate remedy, up to and including disqualification of the candidates and/or suspension from the air of the offending staff persons (paid or unpaid) for the remainder of the elections period.

Your opinion is influential and there is a risk that you will sway listener member voters.

To mitigate the violations of the fair campaign provisions

1) On your next 2 shows – address what you said on air together with listener candidates who choose to participate.
2) All listener candidates will be given equal opportunity to be on the air (call ins acceptable).

REGARDING FCP COMPLAINT RECEIVED FOR A KPFA LISTENER CANDIDATE

Candidates email changed the words of the required disclaimer statement by (among others) removing the words “should not be assumed to be true”, replacing “alleged” with “stated” , removing the clause that the material cannot be assumed to represent the view of other listener members, and adding the phrase “this disclaimer is required by the Pacifica network”.

These changes are unauthorized and copyediting the disclaimer statement is not permitted. The candidate’s website has the correct disclaimer language, so this is not a mistake, but a conscious decision to change the wording.

Specific changes:

Original: DISCLAIMER: This is not an official Pacifica Foundation website nor an official website of any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio). Opinions and facts alleged on this site belong to the author(s) of the website only and should NOT be assumed to be true or to reflect the editorial stance or policy of the Pacifica Foundation, or any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio), or the opinions of its management, Pacifica National Board, station staff or other listener members.

Adams version: This Newsletter is not an official Pacifica Foundation Newsletter nor an official website of any of the five Pacifica Radio Stations (KPFA, KPFK, KPFT, WBAI, WPFW). Opinions and facts stated herein belong to the author(s) and should not be assumed to reflect the editorial stance or policy of Pacifica Foundation, or any of the five Pacifica Radio Stations, or the opinions of management, the Pacifica National Board, or radio station staff. This disclaimer is required by the Pacifica Network.

Consequence:

Sharon Adams will need to resend the email including the following language at the top of the email.

To (all email recipients):

“I edited the official Pacifica disclaimer statement in my last email and removed key wording. Hence I am resending this email with the correct disclaimer.”

DISCLAIMER: This is not an official Pacifica Foundation website nor an official website of any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio). Opinions and facts alleged on this site belong to the author(s) of the website only and should NOT be assumed to be true or to reflect the editorial stance or policy of the Pacifica Foundation, or any of the five Pacifica Radio Stations (KPFA Radio, KPFK Radio, KPFT Radio, WBAI Radio, WPFW Radio), or the opinions of its management, Pacifica National Board, station staff or other listener members.