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LaForest brief against Spooner motion

9-12-03 Court documents index


The following as posted at:



I, LESLIE RADFORD, declare as follows:

1. I am a member of the KPFK Local Advisory Board
(hereinafter referred to as "LAB"), which is
constituted as a committee of the Interim Pacifica
Foundation Board of Directors (hereinafter referred to
as "IPNB").

2. The following matters contained in this declaration
are personally known to me and are true of my own
personal knowledge, except those facts stated upon
information and belief. If called upon as a witness, I
could and would testify competently thereto.

3. Attached hereto as Exhibit 1 is a true and correct
copy of an excerpt from the audio recording of the
June 26, 2003, IPNB meeting, which I personally
transcribed, which is incorporated herein as if fully
set forth.

4. At the June 24, 2003, meeting, an informal straw
poll was taken on the three drafts of the Pacifica
bylaws. No official minutes of that meeting exist at
this time. The email sent by KPFK LAB Secretary Marty
Oaklander (Exhibit G to Movant’s Supplemental
Declaration) is clearly marked as "Draft Minutes-Still
to Be Corrected/Approved." These draft minutes are
being corrected, as they do not properly reflect that
the vote was a straw poll.

5. On July 21, 2003 at meeting called for that
purpose, and after hours of discussion among the LAB
and from subscribers, the KPFK Local Advisory Board
(LAB) voted 12-11 to reject the bylaws draft known as
Draft B. A true and correct copy of the official
minutes of this meeting are attached hereto as Exhibit
6 and incorporated herein as if fully set forth.

6. On July 27, 2003, in light of the failure of Draft
B, the IPNB Chair Leslie Cagan issued a memo calling
for mediation to deal with diversity issues only.
Importantly, issues pertaining to accountability,
transparency, informed advice and consent, the
amendment process, and fair campaign provisions that
had been of great concern to the KPFK LAB—and which
had swayed its vote against Draft B—were kept off the
mediation table. Cagan unilaterally later changed the
meeting to a facilitation with psychologists instead
of the planned mediation.

7. Supporters of Draft B hastily called a KPFK LAB
meeting for August 4, 2003 to renew the motion on
Draft B. They failed to renew the motion at that
meeting but succeeded in getting a vote scheduled for
August 23rd. The maker of the renewed motion, Thom
Irwin, was explicit that he was staking his continued
opposition to Draft B on the success of the announced
facilitated meeting. No official minutes of the
meeting exist, but I was present and have listened to
the audio tape of the August 4, 2003, KPFK LAB Meeting
recently to refresh my memory.

8. Meanwhile, the KPFK LAB duly elected
representatives to the August 16-17, 2003, facilitated
meeting in accord with the iPNB Chair’s instructions
and sent its representatives to the meeting in
Chicago. Their reports back to the LAB were mixed:
Those supporting Plan B declared the facilitated
process a failure, while those who opposed Plan B,
including Lydia Brazon, the LAB Chair and member of a
committee to summarize the work of the facilitation,
were hopeful of an imminent resolution.

9. Two of the participants in the Chicago meeting, who
were also involved with following up on the
facilitation, iPNB Chair Leslie Cagan and KPFA LAB
Director Joe Wanzala,



demonstrated bad faith in the facilitation process and
sought to influence KPFK board members’ August 23rd
votes by claiming to us that the facilitation was
faltering. On August 23rd, the KPFK LAB approved Draft
B by the same single-vote margin by which it had
earlier rejected it, which vote was changed by only
one LAB member, Thom Irwin. Since Thom Irwin, the
maker of the motion to renew the motion on Draft B,
announced at the August 4, 2003, meeting that his
opposition to Draft B was contingent on the success of
the facilitation, it was in the interests of those
supporting Draft B to ensure the failure of the
facilitation. In spite of their best efforts, it took
the extraordinary intervention of two of those most
intimately involved in the ongoing process to sway the
KPFK LAB vote on August 23, 2003. No official minutes
of the meeting exist, but I have transcribed a part of
the minutes of the August 23, 2003, KPFK LAB Meeting
from the audio tape recording of it, my transcription
is a true and correct transcription of the audio tape
and is attached hereto as Exhibit 8 and incorporated
herein as if fully set forth.

10. Within days, three of the national board members,
Leslie Cagan, Carol Spooner, and David Fertig,
publicly asserted that the bylaws had been resolved in
favor of Draft B, and Cagan abruptly ended the
facilitation process.

11. The IPNB has made extraordinary progress in
reducing its debt, as noted by its Executive Director
in The Los Angeles Business Journal of July 14, 2003:
"Under the interim board, Coughlin said Pacifica
fundraising has been on a roll and that the network
has reduced its debt to about $400,000." A true and
correct copy of the article from the Los Angeles
Business Journal is attached hereto as Exhibit 9 and
incorporated herein as if fully set forth.

12. If the order of the court that the votes of the
LABs must have been rendered not later than July 23,
2003, is not a final date, then Pacifica's bylaws
process has no finality. The second vote of the KPFK
LAB opens the possibility of endless re-votes around
Draft B by the LABs and the IPNB, such KPFT LAB’s
agenda item for its September 10, 2003, meeting to
revote on Draft B. By all standards, Draft B has only
succeeded in dividing Pacifica and should be withdrawn
from further consideration, except to the extent that
parts of it can be incorporated into bylaws with broad
and substantial support.

I declare under penalty of perjury under the laws of
the State of California that the foregoing is true and

DATED: September 10, 2003 


9-12-03 Court documents index

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