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Rosenberg/Hamanaka Proposed diversity bylaw language
5-8-03


Diversity bylaw committee documents

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From: Carol Spooner [chair of iPNB bylaws revision committee]
Subject: New draft from Mimi & Sheila

Dave Fertig also sent a different draft to the committee, but it's not readable due to computer problems.

The plan below permits the COI to appoint 16 people to the LSB (8 per election cycle). And it just seems to me that if the COI spent its time doing outreach and candidate recruitment instead of critiquing and analyzing others' outreach and recruitment a whole lot more would get accomplished! However, they have added a threshhold requiring appointees to have at least 25% of the votes necessary to gain a seat (someone will have to translate their concept to language descriptive of the STV vote-counting system, which they don't appear to understand).

--Carol

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PROPOSED BYLAWS LANGUAGE ON DIVERSITY
DRAFT "A"
INCLUDING AND IN CONSIDERATION OF LUBELL CRITIQUE
Submitted by Mimi Rosenberg and Sheila Hamanaka
[WBAI "Unity Caucus"/LAB, diversity language committee]
May 8, 2003

1. Attached hereto, incorporated by reference and made a part of these bylaws is the "Affirmative Action Plan for Nominations and Elections to the Local Station Boards and Pacifica National Board."

2. If after the election is held, diversity goals are not achieved, the highest vote getters who are members of population groups in the demographics analyses for the relevant area deemed by the local Committee of Inclusion to be underrepresented on the newly elected Local Station Boards ("LSB") will be seated. The LSB can seat up to eight such persons. The purpose of the Affirmative Action Plan is to help carry out the mission of Pacifica:
a. To encourage and provide outlets for the creative skills and energies of the community;
b. to promote and aid other creative activities which will serve the cultural welfare of the community; and
c. to engage in any activity that shall contribute to a lasting understanding between nations and between the individuals of all nations, races, creeds and colors. This purpose may be realized by achieving a composition of the LSBs' that accurately reflects the demographics of the station's area and audience while also achieving a meaningful diversity of the underrepresented and disenfranchised communities of the area.

To fulfill the goal of broad diversity beyond simply race and gender (e.g., sexual orientation and disability) -- the extra seats should go to those from any communities deemed by the Committee of Inclusion to be underrepresented based upon the demographic analysis. The LSB members added by the Committee of Inclusion shall serve the same term as LSB members not added by the COI.

To fulfill the goal of broad diversity, seats will be added to, as closely as possible, achieve the goal of balanced representation as deemed necessary by the Committees of Inclusion based upon categories found in human rights laws (race, nationality, religion, gender, sexual orientation and disability) and demographics guided by census categories (black/African American, Hispanic/Latino, Asian or Pacific Islander, Native American) with the goal of assuring inclusion of historically disenfranchised groups within society. These groupings shall not be subdivided. LSB members added by the Committee of Inclusion shall serve for the same length terms as LSB members not added by the COI.

However, for the purposes of applying this mechanism, no person shall be named to an added Delegate seat who does not receive at least 25% of the number of votes as the last person who was directly elected in the just concluded election.

3. The Pacifica National Board shall reflect the demographic make-up of the existing and potential audience in the signal areas of Pacifica's five local stations and shall include representation of underrepresented and disenfranchised groups. In the event the PNB fails to achieve this diversity, each LSB will elect one additional PNB member, on recommendation of the COI as to needed additional representation to achieve meaningful diversity.

4. In order to increase the awareness of each local station community about the importance of diversity within Pacifica, each COI shall coordinate with station management and staff and the LSB Outreach Committee the offering of ongoing diversity training, which shall include anti-racism training, open to management, paid and unpaid staff, LSB members, PNB members, and listeners, with a particular outreach to LSB candidates.

5. Each local Committee of Inclusion will consist of fifteen members of the Foundation who have affirmed their support for the Foundation's mission, four of whom should be members of the LSB. The goal shall be that the membership of each local committee shall reflect the demographics of the relevant station signal area, the demographics of the station's existing audience, as well as representation from other underrepresented and disenfranchised groups in the signal area.

6. [ADD TO ARTICLE 3, SECTION 10] The record date for purposes of determining the Members entitled to receive notice of any meeting, entitled to vote by written ballot or entitled to exercise any other lawful membership action, shall be forty-five days before the date of the special meeting, forty-five days before the day on which the first written ballot is distributed, or made available, to the Members or forty-five days before the taking of any other action, as applicable. However, for the 2003 elections for Local Station Boards, the record date for the same purposes shall be thirty days before the day on which the first written ballot is distributed or made, available to the Members.

AFFIRMATIVE ACTION PLAN FOR NOMINATIONS AND ELECTIONS TO THE LOCAL STATION BOARDS AND PACIFICA NATIONAL BOARD

"Full minority participation in the ownership and management of broadcast facilities results in a more diverse selection of programming. In addition, an increase in ownership by minorities will inevitably enhance the diversity of control of a limited resource, the spectrum. And, of course, we have long been committed to the concept of diversity of control because diversification . . . is a public good in a free society, and is additionally desirable where a government licensing system limits access by the public to the use of radio and television facilities." (Federal Communications Commission, Statement of Policy on Minority Ownership of Broadcasting Facilities, 68 FCC 2d 979, 981 [1978]).

The Pacifica Foundation is a media organization. Its function and purpose is such that diversity in all forms aids in the actualization of the radio network's mission and goals, which include engaging its audience with programming that promotes peace and social justice and the fight against oppression in all forms. Promoting and securing diversity in Pacifica's governance structures will help ensure diversity in its programming and thus in its audience and as such in the realization of the Foundation's mission.

One function of a media outlet is to work constantly to enlarge its audience The Pacifica Radio network must do this both to carry out its mission and because it depends on listener contributions for the majority of its funding, and so audience growth is essential for its financial health. In each of the network's five signal areas, the majority of the population consists of people of color, women, and members of other underrepresented and disenfranchised communities that are core parts of Pacifica's constituency and mission. The network needs to consistently reach out to such groups and provide programming that draws them in as listener-supporters.

In order to further that end, the governance of Pacifica, which formulates policies and practices to further our core functions, must embody both the principle of and the actuality of diversity in each signal area. The governance structure must therefore mirror the concerns of the demographic make-up of Pacifica's existing and potential audience. Those elected to the Foundation's governing board and its local station boards need to be as diverse as the population in the signal areas that they both serve and depend on for support.

Without such an outcome, the network will be hindered in its effort to both maintain and expand its listenership among people of color, women and other underrepresented and disenfranchised groups who in fact collectively make up the majority or a near majority in each signal area. Giving voice to the problems and issues that confront such communities is crucial to the purposes of Pacifica. It is equally crucial to building the audience that is necessary for the network to grow and secure the financial resources necessary to perform its mission. Ensuring such diversity is thus an appropriate goal that mandates the Foundation to consider the race, nationality, gender, sexual orientation, and/or disability of candidates as an essential factor in Pacifica's election process. This affirmative approach treats all participants as individuals while also seeking to achieve a critical mass of candidates (and ultimately elected Delegates and Directors) from groups that have been and continue to be excluded and disenfranchised. Such a diverse body of candidates helps ensure that both the election itself and the Local Station Boards and Pacifica National Board that result from it embody a wide range of opinion and a robust exchange of ideas and participation in the network that are the hallmark of Pacifica's mission.

The specific methods to achieve this diversity within elections for the local Station Boards (LSBs) and the Pacifica National Board shall include, but not be limited to, the following:

1. Each local station Committee of Inclusion (COI) shall gather and analyze all available demographic data on the make-up of the signal area as defined by FCC signal area maps. Such data shall not be limited to that provided by the federal census, but should also include studies by reputable academic and community organizations that seek to correct for census undercounts or non-surveying of particular groups. Each COI shall also gather and analyze all available demographic data and studies on the make-up of the existing audience of the local station.

2. The final analysis of the COI for the relevant signal area shall give consideration of the data for both potential and existing audiences.

3. Based on this analysis, each COI shall have two sets of goals:

a. Percentage goals for inclusion in the pool of nominees for the LSB. These shall cover groups that are disenfranchised and/or underrepresented based on their race, nationality, language, gender, sexual orientation and disability. The goals shall include at least one nominee for each designated group or subgroup even if demographically that group falls below the percentage threshold represented by one seat (e.g., even if, say, indigenous people constitute less than 1/18th of the signal area population).

b. Goals for the major language groups of underrepresented and disenfranchised groups in the signal areas into which translations of election materials and broadcasts shall be provided.

3. Each COI shall coordinate with, and monitor efforts by, the station's management, paid and unpaid staff, station Outreach Coordinator (where provided for), LSB Outreach Committee, and LSB Election Committee to develop an election outreach plan which includes the following:

a. Prioritization of outreach and distribution of both general station and election literature to neighborhoods, communities and organizations of identified underrepresented and disenfranchised groups, and designating the majority of any funds available for outreach to be targeted to those population groups.

b. Regular carts, segments, and programs, broadcasting as early as feasible before or during the nomination period, focussed on the governance/ election process prepared by and for populations designated by the COI concerning issues of concern to those populations, broadcast in languages that meet the language goals of the COI.

c. Distribution of nomination/election literature and the production of broadcast carts encouraging election participation and seeking outreach volunteers from targeted population groups, all prepared according to the language goals of the COI.

4. Each COI shall create, maintain and publicly post a chart at the local station and on the station's Website showing: a) the population groups to which targeted outreach has been done; and b) the number of LSB nominees to date from each such group and how far short, if any, that number is from the goal for the pool of nominees.

5. On the thirtieth day of the nomination period, each COI shall issue a written and oral report to the LSB and the public (available at the station and on the station's Website) detailing its work to date, the then-current nominee totals broken down according to the demographic categories, and any recommendations for action to correct any deficiencies in outreach and candidate recruitment activities.

6. The Committee of Inclusion of the Pacifica National Board shall compile the goals set by each local COI and shall use that compilation to determine national goals for inclusion of underrepresented and disenfranchised groups on the Pacifica National Board, based on both the combined population data and the Foundation's mission.

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Diversity bylaw committee documents



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