Fair Campaign Violations Complaints and Responses 2023

 

Fair Campaign Provisions Violations Complaints and Response

6/21/2023 3:30:00 PM Jan Goodman and RootsAction “RootsAction put out a fundraising pitch to send $25 to them to be able to vote. It then sent out a clarification, NOT a correction. A correction would be to return people’s money raised by this fundraising pitch back to them and urge them to donate to a Pacifica radio station instead. This is a fundraising violation of Rule #3 and Rule #5. 

At 3:30 W 21 June, they sent:

Taking Action:  To prevent Pacifica’s failure, we urge you to become a member, or renew your possibly long abandoned membership and vote for the New Day slate. By making a sorely needed $25 donation at NewDayPacifica.org, you can join your local station and gain the ability to shape the network’s future. Time is of the essence, as the deadline to become a member is rapidly approaching on June 30. Your participation is the key to saving Pacifica and independent media. Go to NewDayPacifica.org to get a link to join your local station. 

At 12:46 PM Th 22 June they sent out:

Correction: clarification on Pacifica 

In yesterday’s email “”Reviving Pacifica Radio,”” people were urged to become members of Pacifica so that they could vote in the coming elections. In case it wasn’t clear, we would like to clarify that a  donation to a specific Pacifica station will allow for a person to become a member of Pacifica and participate in the election, but that a donation to NewDayPacifica.org will not. 

You can vote after making a $25 donation for your membership at one of these stations. Click on the link for your station:

Donate to KPFA in Berkeley

Donate to KPFK in Los Angeles

Donate to KPFT in Houston

Donate to WBAI in NYC

Donate to WPFW in DC

Signed by:

Jan Goodman, former vice-chair, Pacifica National Board

Evelia Jones-Gonzales, Pacifica National Board

Harvey Wasserman, chair, KPFK Local Station Board

Zack Kaldveer, KPFA Local Station Board” No

Response: Resolved.

• No emails were sent by New Day Pacifica (NDP). The emails in question were sent by Roots Action, using their own mailing list. No Pacifica mailing lists were involved.
• As soon as the ambiguity or lack of clarity as to who recipients should donate to in order to be eligible to vote was pointed out to Roots Action, they sent a follow up message the next day to make this clear.

6/24/2023 1:00:00 PM

I attempted to register as a candidate early Friday morning around 2 AM, but the system would not accept me because it claimed someone else had my email, which is nonsense. I therefore asked you at 2:06 am to post my Candidate Statements and photo as you had offered to do since others had had difficulties as well. However, I was still not listed at the time of the New Day Town Hall. I contacted New Day around 2 AM, well before their deadline of noon Friday to be included at their Town Hall. I told them you would vouch that I was a candidate. I also asked you to inform New Day that I was a candidate, since I was not listed, and to list me. I informed you that the  New Day deadline to register was noon Friday. Although the e-address for people to contact New Day was listed on the Pacifica website as Info@NewDayPacifica.org, you sent an email at 5:57 PM on Friday to Jan Goodman (the head of New Day) instead to that effect. However, no one got back to me, and I was not allowed by Sharon Kyle, James Early, and, Danny Sheehan to speak at the Town Hall that was supposed to be open to all candidates, regardless of their positions. I am known as a strong opponent of New Day. Also, Rich Stone of KPFA, who was clearly listed as a candidate, was not allowed to speak. When I put in the chat, both publicly and in DMs to Sharon Kyle, James Early, and, Danny Sheehan, that I was a candidate who was not being allowed to speak, someone posted something scurrilous in the chat just before the Town Hall ended that I am not a candidate, but was just trying to make a fuss after trying to sign up as both Nominator and Candidate, just so I could complain later and was therefore taken off the list. As you know, I had myself asked to be taken off previously, before I had yet decided to run. Another peculiarity of this so-called “”Town Hall”” was that it was quite short because no attendees were allowed to speak! It was under an hour long. Therefore, making last-minute adjustments after the noon Friday deadline would have been childsplay. There are numerous campaign violations here, of Rule 4 and 5, and possibly Rule 6, depending on who posted the libel in the chat. Please ban New Day from further listings on the Pacifica website. How am I to get back the opportunity to address the New Day audience, and refute the libel? The less than 1-hour “”Town Hall”” which did not allow attendees to speak can be found in its entirety (although without the chat) here:

7/1/2023 20:22:28 EEFWWW@yahoo.com Eleanor Elizabeth Forman (212) 695-7286 7/1/2023 4:30:00 PM All candidates are violated. “Renée stated there would be no candidate carts this time. 

Article Four, Delegates, Section 6: Fair Campaign Provisions states:

… 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 …” No

Response: Not a violation

• Jan Goodman says she exchanged some emails regarding Eleanor with the NES, on the afternoon of Friday June 23 before the Saturday Town Hall. These exchanges were a few hours after the Friday noon deadline that had been set for qualified candidates to register that they would like to speak at that Town Hall. She says if she had received definite confirmation that Eleanor was a qualified candidate that she (Eleanor) would have been included in the program (despite missing the noon deadline), but that she (Jan) did not receive such a confirmation.
• Regarding Rich Stone, Jan says she was not aware that he wanted to speak, and did not see his name among the candidates who had registered before the noon deadline.
• Also noteworthy is that this Town Hall was never intended as a “candidate forum”. It was a panel discussion whose principal speakers were James Early and Daniel Sheehan. The topic was “An International or National Perspective, or the “Romanticism of Localism”? Lots of listeners got to speak during public comment as well as a number of candidates.
• It’s also interesting to note that, as it turned out, no NDP endorsed candidates were registered or permitted to speak at this Town Hall.

7/2/2023 22:58:20  “Rule #4 Station resources, including, but not limited to staff services, airtime, social media, endorsements, station equipment, and meeting space must be provided equally to all candidates.

Marilyn Mateo, running as a staff member, is listed twice. Don’t know just when this started, but she’s been listed that way for days. 

Response: Not a violation, website corrected promptly.

7/8/2023 20:53:24

“I received an email from the NES at 10:53 PM Saturday, July 8th, stating that Bounubti Kamenthou and Mike Sargent had been rejected as candidates for having 0 nominations. However, their names had not shown up on the list of people running at https://elections.pacifica.org/candstmt/cand_list.php and when I checked Listener-member nominations at 11:55 PM on Thursday, July 6th, Bounubti Kamenthou was not listed for me to be able to nominate him. Obviously, a computer glitch had prevented either from having a fair chance, or any chance at all, of getting nominations. This violates Rule #4:

Station resources, including, but not limited to staff services, airtime, social media, endorsements, station equipment, and meeting space must be provided equally to all candidates.” No

Response: Not a violation. These candidates signed up at the 11th hour. All candidates were given additional time to get in materials including petition signatures from staff or listener nominators who were registered as of June 30th. Bounubti Kamenthou is seated on the PSB (under a different name) and actually should not run this year. He was qualified to run and then removed.

7/8/2023 21:51:28

Paul DeRienzo (WBAI) unwillingly/unfairly listed as a Listener-Member candidate when he’s a Staff member candidate. “Paul DeRienzo told me that he tried to run as a Staff Candidate but was told by the NES and management that he must run as a Listener-Member, even though he clearly qualifies as Staff. The Bylaws state: 

Article Three, Members of the Foundation, Section 1: Members Defined

There shall be two classes of members: (A) “”Listener-Sponsor Members”” and (B) “”Staff Members””, who shall collectively be referred to as “”Members.””

1. STAFF MEMBERS

“”Staff Members”” shall be: (1) any non-management full-time or part-time paid employee of a Foundation radio station; or (2) any member of a Foundation radio station “”Unpaid Staff Organization”” or “”Unpaid Staff Collective Bargaining Unit”” which has been recognized by station management, or, if the station has neither such organization or bargaining unit, then any volunteer or unpaid staff member of a Foundation radio station who has worked for said radio station at least 30 hours in the preceding 3 months, exclusive of fundraising marathon telephone room volunteer time.

This is also a violation of Rule #4:

Station resources, including, but not limited to staff services, airtime, social media, endorsements, station equipment, and meeting space must be provided equally to all candidates.

All other qualified staff were allowed to run as Staff, but the electronic form was set up barring him from doing likewise.” No

Response: Not a violation. Paul did not complete the requisite number of programming hours to qualify as staff per the GM of WBAI. He is running as a listener.

8/3/2023 17:43:53

Tamika Woods “Bylaws Article 4, Section 6: Fair Campaigns Provisions 

“All candidates for election as a Listener-sponsor delegate, shall be given equal opportunity…”

     KPFT Listener Candidate Tamika Woods’ NAME WAS NOT POSTED as a Candidate and her long and short STATEMENTS were NOT POSTED NOR able to be READ.  Tamika Woods’ name appeared only on the Rejected list. Tamika Woods’s candidacy was NOT given equal opportunity, therefore all KPFT Listener Candidates were not given fair and equal opportunity.   

     The extension of the elections was NOT ANNOUNCED ON THE AIR, therefore, the entire KPFT Listener and Staff Elections were not with fair and equal opportunity and a disenfranchisement of the KPFT MEMBERSHIP !

      A solution is to give an announcement cart of another extension for candidates to submit their Candidate packages including nominations, long and short statements and Fair Campaign Provisions application and agreement, and announce the apology of not listing one Candidate .  Do this at all stations to be fair. “ No

Response: Tamika Woods signed up at the 11th hour. Posting on the website is not an automatic process. All prospective candidates have to be validated as members prior to being posted on the website. All prospective candidates were given additional time to get in materials, including petition signatures from staff or listener nominators who were registered as of June 30th. Prospective candidates who did not qualify should plan accordingly and run in the next election cycle.

6/28/2023 11:40:17  No Applicable The URL, Username, Password, and website provided by NES did not enable me to nominate candidates for the KPFA LSB.  I first reported this to the NES yesterday.  The website is still malfunctioning today. Yes

Response: Not a violation. The website was down for a brief period of time (overnight) but was back up and running the following morning. Everyone got an additional week to get their nominations in. All participants had a month to get their nominations profiles and candidate profiles up. No system is infallible and this is why everyone should start the process ahead of time – not at the last minute.

7/16/2023 20:19:09 “Greetings: Airtime is being repeatedly utilized to mention and promote the names of at least  2 of my opponents on WPFW airwaves in conjunction with a station fundraiser taking place Sunday, July 23rd at the Eaton Hotel. The announcers are staff programmers Robin Holden and Miyuki Williams. I personally monitored one such broadcast/violation at approximately 8:25pm eastern on Sunday July 16th. Another ad ran approximately 30 minutes later. Please investigate.

Both Ron Pinchback and Verna Avery Brown are candidates and their names are prominently being mentioned in the ad by staff programmers Robyn Holden and Miyuki Williams. It’s clearly a back door approach to promote their candidacies. It’s wholly inappropriate to run these ads on a constant basis just prior to the election.

“Rule #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 Delegate, nor may air time be made available to some Listener Delegate candidates but not to others, in any capacity, whether as host, guest, caller, or other, whether live or recorded, including to discuss matters not directly related to station elections.

Both Robyn Holden and Miyuki Williams are staff programmers. The stations program director has apparently authorized the promotional ads to be aired.” No

Response: Not a violation. Rule #1 applies to Listener Candidates, not Staff. Both Ron and Verna are staff candidates.

7/24/2023 14:52:39

I was muted by the KPFA LSB chair Christina Huggins during my 2 minutes statement for candidates at KPFA Town hall Meeting which was on zoom and to which all KPFA LSB candidates were invited. I was muted after discussing the programming of KPFA Ian Masters who has supported the continued imprisonment of Mumia Abu Jamal and calls those who support him “dupes”. I also opposed his programming including many CIA and FBI retired agents as guests  on the air during his 9 hours on KPFA and the support for  US war and militarization which is contrary to the goals and principles  of Pacifica. This political censorship by the KPFA LSB is a violation of the election rules and violates a democratic election at KPFA No

Response: Not a violation. Steve’s complaint is unrelated to what is covered by our FCPs

• Steve’s comments were made during a normal Public Comment portion of a KPFA LSB meeting. Candidates are permitted to make statements during this period.
• With advice from their resident Parliamentarian to guide them, the LSB had passed previous motions about not allowing speakers to defame or make false or unsubstantiated statements about other candidates or staff or management. Unlike governments, private non-profit organizations like Pacifica are permitted to make their own rules about what speech is permitted at meetings.
• The KPFA LSB also has a series of agreements that they read at the beginning of each meeting. These agreements have to do with things like speaking respectfully and factually.
• Steve apparently chose to use his public comment time to voice a variety of unsubstantiated criticisms and accusations against Ian Masters, a program host at (I believe) KPFK. These comments had nothing to do with his candidacy or the elections.
• As per the rules duly adopted by the LSB, the Chair (Christina Huggins) interrupted Steve’s comments, reminding him that such statements violated these LSB rules. She asked him to either stop or change the nature of his comments. He refused to do either and the Chair therefore asked that he be muted.
• Christina’s ruling (regarding his violation of the rules) was not challenged by anyone present.
• Christina also forwarded a full account of the incident to the ED and the PNB Chair. She received no response or other feedback questioning the appropriateness of her actions.

8/2/2023 13:17:57

Eleanor Elizabeth Forman (“victim”) “Jim Dingeman, who is neither candidate nor staff, attacked the character of WBAI listener Eleanor Elizabeth Forman on a nationally-streamed PNB Elections Committee call.

Specifically, at the end of the PNB Election Committee meeting on Wednesday, July 5, 2023, a bit after 10:30pm ET, Jim Dingeman, who is not a committee member but was present like some other non-member directors and whom I do not recall having heard earlier in the meeting, announced his presence.

Myla Reson, who is a member of the committee, seemed delighted to hear his voice. Dingeman proceeded to describe WBAI LSB member, committee member, and current candidate, Eleanor Elizabeth Forman as “”selfish””.

During the meeting, Forman had reported that when she used the internet to translate her 500-word candidate statement to Spanish, it proved to be significantly longer than the English version. She had posited that Spanish readers were entitled to the same information as English readers, and that the word-allowance should be adjusted.

Dingeman said he could write in Spanish and that the text didn’t have to be longer. He said something in a mocking tone about Forman’s “”palabras””–Spanish for “”words””. There was some snickering…perhaps from PNB Treasurer James Sagurton. 

Reson then said something about the (Zoom) meeting being recorded and then wondered aloud if Otis Maclay was still streaming. 

Within seconds the stream was stopped. 

On Thursday, July 6, I listened to the recording on kpftx.org (

https://kpftx.org/archives/pnb/elections/230705/elections230705a.mp3

). The Dingeman comments were missing, but the smear had already occurred. 

Response: Not a violation. Dingeman’s comments – as described – fall under Rule #6 and are beyond our ability to adjudicate. Follow -up why was Eleanor was permitted to say anything related to her candidacy on a live Pacifica stream when no other candidates were present?  This would seem to violate Rules #1 and/or #4.

8/2/2023 14:23:35

NES has disenfranchised KPFT candidates by applying inconsistent rules and unequal treatment to their nomination process and by not counting nor informing them equally about the extension or even the names of the nominees despite complying with the number of nominees required by deadline extension. Date and time above represents ongoing violation. No

Response: Not a violation. All candidates and nominees were given ample time and ample support to complete their nomination packets and nominations profiles. Everyone involved needs to take personal responsibility to get materials in on time and to work within the bounds of Pacifica’s resources – which this year consists of a 1 woman team for 135 candidates across 5 stations, 10 separate elections and 100s of nominators. This means being attentive to emails and text messages and prioritizing filing as a candidate or nominator in a timely fashion. There is another election cycle coming up and everyone who did not qualify this year can already start the process so once the nominations phase rolls around it will be smooth sailing.

8/4/2023 18:20:36 Rule 5, I was listening to forum and was removed from call because I failed to speak or audibly identify myself. I was added to this forum list from an announcement I received from the election supervisor for a candidate forum. My address is being used from this. Andrew announced mid meeting a new rule requiring listeners to identify themselves. Yes

Response: Not a violation. No candidate was involved. 

8/6/2023 20:36:07

It is not a candidate. It is the election supervisor Renee Penaloza. Unacceptable, Renee. People couldn’t get certified and other number of issues that made it difficult to vote AND not having access to the entire list, only being told that I didn’t make the 15 nominations, which is not true. Your lack of clarity as you EXTENDED the time which WAS met. I’m asking for your proof. Who did you deem unacceptable? I asked this question and you failed to respond to me. I along with a core of KPFT members have been treated unfairly and your failure to respond makes it difficult to accept. I believe that Rene Penaloza has been less than objective and unfair. In addition, this form is not adequate to set forth the days of problem through this election. Yes

Response: Not a violation. All candidates and nominees were given ample time and ample support to complete their nomination packets and nominations profiles. Everyone involved needs to take personal responsibility to get materials in on time and to work within the bounds of Pacifica’s resources – which this year consists of a 1 woman team for 135 candidates across 5 stations, 10 separate elections and 100s of nominators. This means being attentive to emails and text messages and prioritizing filing as a candidate or nominator in a timely fashion. There is another election cycle coming up and everyone who did not qualify this year can already start the process so once the nominations phase rolls around it will be smooth sailing.

8/6/2023 20:49:54

Election Supervisor, Renee Penaloza I was sent an email that said I was a candidate having been nominated by Matthew Jenkins with login information. But, I never got to vote for myself, nor did people see my name in the list prior to the deadline after reaching out to Penaloza to rectify the situation. I believe that Ms. Penaloza was derelict in her duties as an election supervisor and that this makes the entire election process faulty and should be redone. Yes

Response: Not a violation. This candidate signed up at the 11th hour. All candidates and nominees were given ample time and ample support to complete their nomination packets and nominations profiles. Everyone involved needs to take personal responsibility to get materials in on time and to work within the bounds of Pacifica’s resources – which this year consists of a 1 woman team for 135 candidates across 5 stations, 10 separate elections and 100s of nominators. This means being attentive to emails and text messages and prioritizing filing as a candidate or nominator in a timely fashion. There is another election cycle coming up and everyone who did not qualify this year can already start the process so once the nominations phase rolls around it will be smooth sailing.

8/15/23

During the candidate forum, every candidate speaker was pleasant and respectful until Jack Neff, without any basis in fact, accused Jan Goodman and Nancy Niparko of claiming “…to be a single person to decide what are the limits of a caller’s speech.”   And further falsely without basis, Jack Neff announced the following slander, “I don’t approve a Democratic Party take-over of KPFK.  Nancy and Jan are terrifying to me.”  The staff dutyfully interpreted his vicious attack into Spanish for the listening audience, then muted the ongoing program to the candidates (except Jack Neff) for the next 20 minutes.  When the moderators rejoined us, they asked us to answer a listener’s question we had not heard.   >>> I request that Jack Neff not be allowed to participate in these forums.   Out of deep respect for KPFK and Pacifica such a malicious & unprofessional person as Jack Neff should not be allowed to run as an LSB candidate at all.

Response: Audio archive needs to be reviewed prior to making a call. But this appears to fall under Rule #6 and is outside of the purview of the election supervisor.

8/21/23

Fair Campaign Provision Complaint based on Provision 6 and California Law at a time when Pacifica has no liability insurance

Anonymous and Confidential

I am writing to notify you that during the KPFA Candidate Forum on August 18, 2023, Candidate Elizabeth Milos made a false accusation which may have serious consequences. Her statement taken from the recording

https://www.youtube.com/watch?v=7dTyS3Hq4AU&t=2922s 48:20, includes the following:

“….the general manager, the previous general manager was faced with a lawsuit for sexual harassment which was complete secret to us……”

This statement that went out over the air to thousands of people strongly implies that the former general manager, (a black man in the US), was charged with sexual harassment. A further implication is that his leaving may have been related to legal action for sexual harassment.

The former general manager did NOT face a sexual harassment lawsuit. There was a case at KPFA involving an allegation of sexual harassment of a KPFA producer. It was investigated by the Berkeley Police Department and NETA’s HR Department, and was referred by KPFA’s Management Team to attorneys. No evidence was found. The issue to date is unresolved.

Liability for Pacifica, and Election Staff

It is adverse to the best interest of KPFA and Pacifica for a Candidate to blast out on the airways false accusations against a former Pacifica employee of sexual harassment. This statement may involve malicious slander as it relates to the work performance of an employee. This statement is not an isolated incident. There has been a series of attacks on KPFA Managers, Staff and Board Members. The Candidate had to be stopped by the moderator at another part of the Forum for false named attacks on 2 KPFA Local Station Board members..1-33-28 The Candidate was previously removed from the KPFA LSB for past incidents and reinstated by the Pacifica National Board.

Because Pacifica and KPFA do not have liability insurance, it would seem especially reckless for Pacifica to permit communications that may involve slander and libel at this vulnerable time.

The Pacifica National Board PASSED a motion at the July 21, 2023 meeting requesting that the NES make the following addition to the Pacifica Fair Campaign Provisions, Rule 6:

No person in management or staff (paid or unpaid), nor any candidate or candidate supporter may use foundation or station resources to make libelous or slanderous statements about candidates, and individually named Pacifica employees, staff, and board members through any of its resources, whether on-air, via the web, hard copy mailings or otherwise.

The requested change was not made, instead a new rule was substituted which weakens protections from slander and libel, not only individually named Pacifica employees, staff, and board members but for candidates as well, New Rule #6:

Pacifica cannot and will not attempt to be the arbiter of “acceptable political speech” in the context of an election campaign, but does urge all participants to be mindful of existing laws against libel and slander.

In this case the Candidate was not mindful of existing laws against libel and slander and thus violates the Fair Campaign Provision # 6 that urges mindfulness.

California Law

The Pacifica Foundation Inc. has an obligation to operate in alignment with California law. Libel and slander are prohibited by California law. Pacifica may be held responsible for libel and slander that occur in the context of this election particularly on the air.

Please review this incident and other statements made by the Candidate during this election. Based on

1. The extreme seriousness of the statement made
2. The need to protect Pacifica and KPFA from further liability, 3. The need to protect the rights of current and former employees,

Please remove Elizabeth Milos as a candidate, from the KPFA LSB Election.

And please write back to let me know if you have received this letter.

Submitting this complaint anonymously and not for publication.

Response: Not a violation.

This concern seems to be rooted in a desire to protect Pacifica from potential vulnerability to slander and/or libel suits, but with the additional effect of eliminating one of Rescue Pacifica’s candidates…albeit “for cause.”  I have no idea why Ms Milos thought defaming the previous KPFA station management would help her candidacy, but I think her comments were factually flawed and inappropriate to the setting, especially on-air.

As described in Rule #6, “Election Staff” are not really qualified to make a legal determination of whether Ms Milos’ speech does or doesn’t violate current California slander laws, especially in the context of an election campaign. On the other hand, Pacifica the ED — may want to consider consulting appropriate and impartial legal counsel on this matter, with an eye toward …

1. possibly sending Ms Milos a “warning letter” about making such unsubstantiated and false accusations…especially on air..
2. That letter might also include specification of such other potential future penalties (e.g. disqualification as an LSB candidate) as may seem justified or legally prudent.to protect Pacifica and the fairness of the LSB election process..

8/27/2023

“Rule #4

Station resources, including, but not limited to staff services, airtime, social media, endorsements, station equipment, and meeting space must be provided equally to all candidates.

On one Saturday, 3 candidates were given 1 hour for a Candidate Forum, while on the next Saturday, 5 candidates had 2 hours. Neither forum was promoted in advance on the air or on the WBAI website. It was the moderator’s (Kathryn Davis) decision how long they would go.”

Response: Not a violation. All candidates were invited in advance and had multiple reminders. The forums specified had more candidates confirmed but last minute cancellations. This caused complications. Candidates need to understand that this is live radio – if they confirm they need to participate. Also – candidates forgo their opportunity to participate in forums if they did not take advantage of the opportunity to appear. While it is preferable that the station promotes the forums, it is not a requirement. As long as all candidates are provided equal opportunity, it is up to WBAI and the candidates themselves to decide how to promote and use candidate forums for candidate campaigning.

8/27/2023 16:35:43  The time given to candidates was unequally allocated. Three people got considerably less time than five others and this needs to be remedied. Also the Candidate Forums were not promoted on the air or on the WBAI website.

Response: Not a violation. All candidates were invited in advance and had multiple reminders. The forums specified had more candidates confirmed but last minute cancellations. This caused complications. Candidates need to understand that this is live radio – if they confirm they need to participate. Also – candidates forgo their opportunity to participate in forums if they did not take advantage of the opportunity to appear. While it is preferable that the station promotes the forums, it is not a requirement. As long as all candidates are provided equal opportunity, it is up to WBAI and the candidates themselves to decide how to promote and use candidate forums for candidate campaigning.

8/27/2023 18:01:31

The time given to candidates was not equally allocated -the first Forum was slightly over an hour, the second Forum was 2 hours – Forums said they would be 2 hours .  I have not heard any announcements on air on WBAI to let listener members know about the Forums -and they are not listed on the WBAI website and there is no notice in the email dispatches

Response: Not a violation. All candidates were invited in advance and had multiple reminders. The forums specified had more candidates confirmed but last minute cancellations. This caused complications. Candidates need to understand that this is live radio – if they confirm they need to participate. Also – candidates forgo their opportunity to participate in forums if they did not take advantage of the opportunity to appear. While it is preferable that the station promotes the forums, it is not a requirement. As long as all candidates are provided equal opportunity, it is up to WBAI and the candidates themselves to decide how to promote and use candidate forums for candidate campaigning.

9/6/2023 8:51:33 “I discovered, by accident, that I am not receiving email from the WBAI station mailing list being used by the mailing house sending out mail to all members.  

I am not being notified of official mailings, or mailings by other candidates.  

I signed up with my new email address, birden.carolyn@yahoo.com, when I made a $25 donation to the station, by paper check.  I included a note to change my mail address.  Berthold Reimers, whom I have known for many years, had some exchanges by email and by text  about the station website, so I assumed that my address had been changed.  However last month someone told me that I had been listed in a campaign mailing by the Chair of the LSB, Michael D.D.White.  I called him to object that I did not want his endorsement, as we disagree on several fundamental issues regarding the station, but he said it was too late to rescind the mailing. He sent me a copy of the mailing. 

I also discovered that I had not  been sent a ballot for this election.   

I contacted the person at WBAI who is responsible for maintaining the mailing list, Berthold Reimers, by text and email about the problem  but he has not responded to me.  

I have notified the NES Renee Penaloza and the ED: as a result I was sent two replacement ballots but no word about correcting the list.  

I insisted to Berthold Reimers, since he maintains the list, that he contact the mailing house using WBAI’s list and add my current address to it, manually if necessary,  and that I be sent official copies of every mailing to which I am entitled regarding the election.  He used my new address for personal emails to me, but evidently never updated it in the official list.  

Since then I have heard of other members of WBAI who have also not received any mailings regarding the election from the mailing house.   

Endorsement emails that use the Foundation’s member lists are subject to California Corporations Code Article 3. Rights of Inspection [6330 – 6338] .  This code includes the right to inspect the membership database.  I believe there may be more than just my record which is not up to date and perhaps some omitted purposely from current mailings. 

By failing to notify me of a mailing deleterious to my candidacy and campaigning for this election (by Michael D.D.White and perhaps others that I may not know about), my chances of being elected are substantially  decreased. This is now a legal matter.  

I expect to receive all past and current and future mailings to members without delay. 

Response: This is not a violation. Stations have always had issues maintaining accurate databases nationwide. The data management system needs to be overhauled by Pacifica with each station provided technical support to clean and maintain lists.

9/12/2023 3:40:46

John Kane-Staff Candidate and Dr.Shya Bey -Listener Candidate “RESISTANCE RADIO AUGUST 24,2023 1500 hours Dr.Shy Bey was on the air for one hour on this show This is  a violation of Rule 1

Rule #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 Delegate, nor may air time be made available to some Listener Delegate candidates but not to others, in any capacity, whether as host, guest, caller, or other, whether live or recorded, including to discuss matters not directly related to station elections.”

“The incident was that both candidates had signed the FPC in order to run. What happened was the show, RESISTANCE RADIO, which was broadcast at 1500 hours on August 24, 2023 allowed the listener member candidate to participate on air in clear violation of 

Rule #7 

Listener candidates are not permitted to call in to shows, or otherwise allow their voices to be heard on-air, even if they do not use their names. If prospective candidates have called into a show during the nominations phase this may count towards their on-air opportunity and they may not be invited to participate in the station’s on-air listener forum.

Rule #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 Delegate, nor may air time be made available to some Listener Delegate candidates but not to others, in any capacity, whether as host, guest, caller, or other, whether live or recorded, including to discuss matters not directly related to station elections.

By having her on the air it was also a violation of 

Rule #2

No foundation or radio station management or staff (paid or unpaid) may give any on-air endorsements to any candidates for Listener Delegate. The Board of Directors may not, nor may the LSB, nor any committee of the Board or of an LSB, as a body, endorse any candidates for election as a Delegate. However, an individual Director or Delegate who is a Member in good standing may endorse or sign petitions for candidates in his/her individual capacity.

I should add that I believe the candidate has already been in a sanctioned debate on the air.

But IMHO Rule 1,2 and 7 were violated. 

In addition there is no excuse for this. Mr. Kane has run and been elected to the LSB in the past as a staff delegate. Me. Bey is also been involved in internal Pacifica politics for years and at the same time is on the board at the present time.”

Response: This is a violation. Both candidates have been disqualified and Mr. Kane has been removed from the air for the remainder of the election.