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Responses to the lawyer's current bylaws draft

The lawyer's bylaws draft
Response index

Below is a report from the KPFK LAB


From: Leslie Radford
Date: Wed Jan 22, 2003 11:14 pm
Subject: KPFK DRAFT Minutes re: Bylaws


* Motion Passed: Diversity The KPFK LAB request the iPNB to obtain and opinion of three prominent civil rights lawyers or competent organizations (e.g. MALDEF and APLC), familiar with both California and federal law, concerning the legality of putting diversity minimum requirements in our bylaws. We ask for a written opinion discussing the issues rasied by the Kevin Linck opinion, the potential consequences to Pacifica if we put such requirements into the bylaws and also an opinion as to the strongest possible diversity language we can put into the bylaws if requirements are not permissible. We ask the iPNB to obtain such a written opinion prior to voting on the bylaws and to make the opinion public. We put a $15,000 funding limit on this expense and require that the work be done by Friday, January 31, 2003. In favor 9 (Barnett, Camarella, Davari, Marr, Motevalli, Oaklander, Toole, White), opposed 1 (Barnett), abstained 1 (Brazon)


* Bylaws Votes Taken Passed: Publish (paper and/or web) station folios at least 6 times per year. In favor 8 (Barnett, Camarella, Davari, Marr, Motevalli, Oaklander, Toole, White), opposed 1 (Brazon), abstained 2 (Fertig, Radford)

Passed: PNB members must be elected from and stay on Local Station Boards: Pacifica?s bylaws should prohibit any person from serving as director on the national board who is not simultaneously serving on a local board. Anyone recalled or removed for absences or failing to run to be reelected to a local board should not be allowed to continue to serve on the national board. This allows the L/Sponsors to recall PNB members simply by not returning them to the SB. In favor 9 (Barnett, Brazon, Camarella, Davari, Marr, oaklander, Radford, Toole, White), Opposed 0, Abstained 2 (Fertig, Motevalli)

Passed: National Bylaws Convention within 9 to 20 months after ratification of the bylaws. This should be in the iPNB bylaws draft. The convention should have the authority to change or modify all aspects of the interim bylaws adopted by the current unelected boards. A majority vote by the entire membership to bylaws approved by a majority of the convention delegates should be sufficient for the first bylaws convention to modify the bylaws. In favor 8 (Barnett, Camarella, Marr, Motevalli, Oaklander, Radford, Toole, White), Opposed 1 (Brazon), Abstained 2 (Davari, Fertig)


Passed: We support the rule of thirds in the election of members to the SBs and PNB.The iPNB is trying to pass staggered elections for members elected for SBs and PNB as follows: elected in the first year; elected in the second year and the third year we rest We do not agree with the lawyers? draft on this issue. (Barnett, Brazon, Camarella, Davari, Marr, oaklander, Radford, Toole, White), Opposed 0, Abstained 2 (Fertig, Motevalli)

Passed: Independent outside financial audit of Pacifica at least once a year. We voted to have yearly audits be mandatory and done by an outside company. The audits would be a national function and paid for by the national. In favor 8 (Barnett, Camarella, Davari, Marr, Motevalli, Oaklander, Radford, Toole), opposed 1 (Fertig), Abstained 1 (Brazon)

Passed: As much openness of the books, records and minutes as law permits. In favor 10 (Barnett, Brazon, Camarella, Davari, Fertig, Marr, Motevalli, Oaklander, Radford, Toole), Opposed 0, Abstained 0

Not Passed: Report to the Listeners: The GM and PD will air shows on alternative weeks. The broadcast of the ?report to the Listeners? with unscreened listener call-ins will air weekly. The station boards will have a show aired once amonth. 75% of the airtime will be uncensored call-ins, and 25% of the show will be talking by the host(s). In favor 3 (Camarella, Marry, Toole), opposed (Barnett, Brazon, Davari, Fertig, Motevalli, Radford), Abstained 1 (Oaklander)

Passed: No executive committees on SB or on the PNB. The KPFK bylaws subcommittee disapproves o Article 7 Section 1 of the lawyer?s draft bylaws of 1/17/03. The bylaws shall prohibit the forming of any committee or subgroups that are empowered to act for the entire LSB or PNB. In favor 6 (Barnett, Camarella, Davari, Marr, Radford, Toole), opposed 1 (Fertig), abstained 2 (Brazon, Oaklander)


* Passed: Broadcast the upcoming iPNB meeting on bylaws if it is not during the fund drive. In favor 9 (Barnett, Barzon, Camarella, Fertig, Marr, Motevalli, Oaklander, Radford, Toole), opposed 0, abstained 0.

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