Draft Agenda-April 5, 2015
Roll Call
Approval of Agenda
Election of Chair
Election of Secretary
Approval of Minutes
MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR JEVON GAMMON
Whereas, the Pacifica
Bylaws require that Affiliate Directors represent Affiliate Stations; and
Whereas the Bylaws define an Affiliate
Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and
Whereas no exceptions
for the written agreement requirement, as of the date of the election appear in the Bylaws; and
Whereas the
Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required to have 30 days’
notice; and
Whereas the UHURU Radio’s written agreement lapsed October 15, 2015, and it had not been renewed by
December 11, 2015, the date that it’s nominee/representative JEVON GAMMON was elected, nor is it current as of this
date; and
Whereas the date that notice of the December 11, 2015 meeting was given was December 3, 2015, thus 30
days’ notice of the December 11th meeting at which GAMMON was elected was not given; and
Whereas previously the
PNB was not aware that the aforesaid election violated the Bylaws as stated above; and
Whereas, the PNB recognizes
that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such violations of the
Bylaws,
Wherefore, be it resolved that:
The election of JEVON GAMMON as Affiliate Representative is
hereby rescinded; and
Notice is hereby given that a new election for Affiliate directors is hereby scheduled for
April 7, 2016; and
Further, the scheduling and the supervision of the election is hereby delegated to the
Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith.
Respectfully
Submitted by Jan Goodman
Director, KPFK
MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR EFIA NWANGAZA
Whereas, the Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and
Whereas the
Bylaws define an Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and
Whereas no exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws;
and
Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are
required to have 30 days’ notice; and
Whereas the WMXP Radio’s written agreement lapsed about 2011, and it had
not been renewed by December 29, 2015, the date that it’s nominee/representative EFIA NWANGAZA was elected, nor is it
current as of this date; and
Whereas the date that notice of the December 29, 2015 meeting was given was
December 18, 2015, thus 30 days’ notice of the December 29th meeting at which EFIA NWANGAZA was elected was not given;
and
Whereas the PNB was not aware that the aforesaid election violated the Bylaws as stated above;
and
Whereas, the PNB recognizes that it is therefore required to hold new elections for Affiliate Directors, in order
to rectify such violations of the Bylaws,
Wherefore, be it resolved that:
The election of EFIA NWANGAZA
as Affiliate Representative is hereby rescinded; and
Notice is hereby given that a new election for Affiliate
directors is hereby scheduled for April 7, 2016; and
Further, the scheduling and the supervision of the election
is hereby delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out
forthwith.
Respectfully Submitted by Jan Goodman
Director, KPFK
MOTION TO RESCIND ELECTION OF
AFFILIATE DIRECTOR JEVON GAMMON
Whereas, the Pacifica Bylaws require that Affiliate Directors represent
Affiliate Stations; and
Whereas the Bylaws define an Affiliate Station as one which has a written agreement with
Pacifica, (Bylaws, Art. 5 Sec. 4A); and
Whereas no exceptions for the written agreement requirement, as of the
date of the election appear in the Bylaws; and
Whereas the Bylaws require that meetings at which the Election of
Affiliate Directors shall be elected are required to have 30 days’ notice; and
Whereas the UHURU Radio’s written
agreement lapsed October 15, 2015, and it had not been renewed by December 11, 2015, the date that it’s
nominee/representative JEVON GAMMON was elected, nor is it current as of this date; and
Whereas the date that
notice of the December 11, 2015 meeting was given was December 3, 2015, thus 30 days’ notice of the December 11th
meeting at which GAMMON was elected was not given; and
Whereas previously the PNB was not aware that the
aforesaid election violated the Bylaws as stated above; and
Whereas, the PNB recognizes that it is therefore required
to hold new elections for Affiliate Directors, in order to rectify such violations of the Bylaws,
Wherefore, be
it resolved that:
The election of JEVON GAMMON as Affiliate Representative is hereby rescinded; and
Notice is hereby given that a new election for Affiliate directors is hereby scheduled for April 7, 2016; and
Further, the scheduling and the supervision of the election is hereby delegated to the Affiliates Task Force with
the cooperation of the Affiliates Manager, to be carried out forthwith.
Respectfully Submitted by Jan
Goodman
Director, KPFK
MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR EFIA NWANGAZA
Whereas, the
Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and
Whereas the Bylaws define an
Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and
Whereas no
exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws; and
Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required
to have 30 days’ notice; and
Whereas the WMXP Radio’s written agreement lapsed about 2011, and it had not been
renewed by December 29, 2015, the date that it’s nominee/representative EFIA NWANGAZA was elected, nor is it current as
of this date; and
Whereas the date that notice of the December 29, 2015 meeting was given was December 18, 2015,
thus 30 days’ notice of the December 29th meeting at which EFIA NWANGAZA was elected was not given; and
Whereas
the PNB was not aware that the aforesaid election violated the Bylaws as stated above; and
Whereas, the PNB
recognizes that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such
violations of the Bylaws,
Wherefore, be it resolved that:
The election of EFIA NWANGAZA as Affiliate
Representative is hereby rescinded; and
Notice is hereby given that a new election for Affiliate directors is
hereby scheduled for April 7, 2016; and
Further, the scheduling and the supervision of the election is hereby
delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith.
Respectfully Submitted by Jan Goodman
Director, KPFK
Transition Membership-George
Report on Medical
Liability Issues-George,
Report on LSB evaluations process-Workgroup-Cerene
MOTION REGARDING WBAI
NON-REPRESENTATION ON PNB
WHEREAS, each of the five Pacifica stations is entitled to representation on the
Pacifica National Board (PNB) and participation in PNB decisions, and
WHEREAS, the PNB has held multiple
teleconference meetings in 2016 despite not recognizing any Directors from WBAI,
THEREFORE, be it resolved that
the KPFA Local Station Board urges the PNB to take no votes and transact no business until Directors elected by the WBAI
Delegates are seated. Submitted by Grace Aaron
MOTION on adherence to Federal Trade Commission
Regulations
Whereas, the failure to mail out premiums in a timely fashion has disenfranchised many of our members
and harmed our reputation,
and, whereas,
It is a violation of Federal Trade Commission
regulations:
https://www.ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order
What
is the Mail, Internet, or Telephone Order Rule?
The Rule requires that when you advertise merchandise, you must have
a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement,
you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes
call this the "30-day Rule."
If, after taking the customer’s order, you learn that you cannot ship within the
time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain
the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the
customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has
expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for
the unshipped merchandise.
and further,
Why You Should Comply with the Rule
Merchants who violate the
Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time
during the five years preceding the filing of the complaint), and consumer redress (any time during the three years
preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take
action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer
protection laws.
Apart from this, your failure to ship on time, or your failure to notify your customers promptly
about delays and to obtain their consent to the delays, or your failure to make full and prompt refunds when your
customers do not consent to delayed shipment, can adversely affect your business by discouraging repeat purchases.
Accordingly, most businesses regard compliance with the Rule as simply good business practice.
Therefore,
be it resolved that because any failure to follow the above guidelines puts KPFK and the Pacifica Foundation at risk it
is prohibited by this body. The General Manager is responsible for ensuring that these FTC guidelines are strictly
adhered to. Any failure on the part of the GM or any other station employee to enforce them will be considered a severe
infraction with consequences that may include a negative job report, immediate dismissal and/or other serious
disciplinary actions.
Submitted by Grace Aaron
MOTION regarding Sexual Harassment
Training
Whereas in 2007 KPFK had to pay close to $500,000 in legal and other expenses due to one specific sexual
harassment lawsuit,
And Whereas other discrimination and sexual harassment lawsuits have cost the Pacifica
Foundation large sums of money in the past,
And Whereas it is the law in California that sexual harassment
training needs to be done every 2 years by supervisory personnel and within 6 months for any supervisory person newly
hired,
And Whereas almost every staff member, both paid and unpaid, has some supervisory
responsibilities,
Be it Resolved that all staff at KPFK (both paid and unpaid) complete online sexual
harassment training within 2 months if they have not completed such training in the last 2 years.
Below is a
quote from the California Dept. of Fair Employment and
Housing:
http://www.dfeh.ca.gov/Publications_StatLaws_SexHarrass.htm
Employers with 50 or more
employees must provide at least two hours of classroom or other effective interactive training and education regarding
sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees
within six months of assuming a supervisory position. There after, covered employers must provide sexual harassment
training and education to each supervisory employee once every two years.
Submitted by Grace Aaron
Adjourn:
10:30 ET