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Responses to the lawyer's current bylaws draft

The lawyer's bylaws draft
Response index

Below are responses and proposals from the NYC "Unity Caucus" and Bob Lederer.


From: Bob Lederer
Date: Tue Jan 21, 2003 6:17 pm
Subject: Proposed revised by-laws timetable

WBAI Unity Caucus
January 21, 2003

In the wake of the earthquake created by Mr. Finck's one-sided, incomplete legal analysis about diversity requirements for Pacifica, the WBAI Unity Caucus makes the following three proposals:

1. We call for a one-month postponement of the iPNB meeting at which the final draft will be voted on. This will allow time to obtain a second opinion from a civil rights attorney, as called for yesterday in a resolution by the KPFA LAB, and to have thorough discussion network-wide as to the implications of these issues for the final by-laws language.

2. To strengthen the prospect of having a diverse LSB candidate pool at all five stations, we call for inclusion of a clause in the by-laws that allows the nominations period to be kept open if diversity goals are not met, for up to two extensions of two-weeks each, in order to stimulate more outreach and recruitment of diverse candidates. This builds on a concept proposed by Lydia Brazon, KPFK LAB Chair, and Dave Fertig, iPNB member from LA (note that one part of our proposal -- the "diversity goals" language -- is a variation on language proposed last August by Dave). Our proposal to implement this is spelled out below. Note that the use of the word "goals" rather than requirements only applies to the nomination process, and does not change our position that there should be requirements for the actual results of the elections themselves.

3. In order to allow for these extra time allotments, as well as to correct omissions of some necessary steps in Mr. Finck's proposed timetable for elections, we are proposing that the iPNB request from the judge a postponement in the expiration date for the iPNB from June 30 to October 15. The detailed proposals that lead to this date are included below.

Bob Lederer
For the WBAI Unity Caucus





Nominations for the office of a Delegate on a LSB shall be open for a period of sixty (60) days, beginning on that date which is 95 days prior to the election close date and closing on that date which is thirty (35) days prior to the election close dateŠ. Each candidate also has the option, for informational purposes, of indicating his/her gender and racial or ethnic heritage, i.e., European, African, Latin American, Native American, Asian, Pacific Islander, Middle Eastern, Caucasian, African-American. [followed by other details of the procedure]

Add language like this:

1. To the list of self-identified categories, add: "immigrant, person with disability, lesbian, gay, bisexual, transgendered, youth, rank-and-file or unemployed worker, prisoner or former prisoner, cultural worker."

2. At the end of this section, add: "In the order to fulfill the Foundation's mission as set forth in Article 1, Section 2, it is the Foundation's stated goal that all LSB nomination pools be composed of at least 50 percent women and at least 60 percent people of color, and furthermore that all such pools are substantially diverse in terms of race, gender, sexual orientation, age, class, and geographical region within applicable signal areas."

"Within 48 hours of the close of the nomination period, the LSB Elections Committee shall compare the list of nominees' self-identifications with these goals. If the Committee finds that the overall list falls short of meeting any of those goals, it shall declare a two-week extension of the nominations period. If within 48 hours of the close of the extension, the Committee finds that the list still falls short of those goals, it shall declare an additional two-week extension of the nominations period. After any LSB Elections Committee declares an extension, it shall immediately notify all other LSB Elections Committees throughout the Foundation, and they shall automatically declare identical extensions, in order to keep the election schedule synchronized throughout the Foundation."


Finck's draft should be amended accordingly.

By 3/9 - iPNB approves by-laws
By 3/22 - at least 3 LABs approve election language [Nomination period then opens immediately]
By 5/22 - nomination period closes
By 6/22 - end of any needed extensions of nominations for diversity
By 6/27 - ballots prepared and printed
By 7/27 - campaign completed and ballots mailed out By 8/27 - filled-out ballots must be received by each station
By 9/15 - ballots counted and results certified
By 10/15 - new LSBs must have met & elected PNB members


For reference, here's Carol Spooner's projected calendar (from an email she posted publicly in December - this was before the iPNB meeting was postponed to 2/7-9). This calendar only allots 45 days for nominations, rather than the 60 days provided for future elections in both the iPNB draft and Finck's draft. Also it leaves out two logistical periods that will be needed - estimated time frames suggested: preparing & printing ballots (5 days) and counting and certifying ballot results (19 days).

Carol's suggested calendar:

In order to meet that [June 30] deadline:
1) By 1/5/03 -- At least three LABs need to agree on the number a nd manner of election of the local and national boards.
2) By 1/21/03 -- Our lawyer needs to work out the "final" wording for the complete bylaws & put them in proper order and consistency throughout.
3) By 2/2/03 -- the iPNB needs to approve the full bylaws by 2/3rds vote of those present and voting.
4) By 2/15/03 -- at least three of the LABs need to approve the final language approved by the iPNB as to the number and manner of election of the local and national board
5) By 4/1/03 -- The nominations process for candidates for local boards needs to be completed.
6) By 5/1/03 -- the campaign for election period must be completed.
7) By 6/1/03 -- the mail ballot period must be completed and the votes counted for election of the LSBs.
8) By 6/30/03 -- the new LSBs must have met and elected their national board directors.

Proposed bylaws language regarding staff diversity
1-23-03: Bob Lederer, WBAI

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