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Constiuency/Inclusion model for elections Pre bylaws draft 9-19-02 |
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[ proposed wbai station board composition chart at bottom ] [ text from:pacifica.org/governance/bylaws_wbaiunity.html ]
CRITICAL ELEMENTS OF THE PROPOSED A plan for guaranteed self-representation of all key constituencies in Pacifica on the local and national boards, with a special emphasis on communities in each signal area that are oppressed, exploited and marginalized, and thus central to fulfilling Pacifica’s mission. Critical elements (not a comprehensive summary) are as follows: PART I: GENERAL BY-LAWS PROVISIONS 1. STATEMENT OF PRINCIPLES – A preamble to the by-laws seeking to deepen and update the Mission in conjunction with that expressed in the Articles of Incorporation. An introduction sets forth the major areas of media coverage, commitment to social change, and self-empowerment, followed by a list of principles of nondiscrimination, affirmative action, noncommercialism, workers rights, openness, accessibility and other cornerstones of Pacifica’s progressive approach to radio. This preamble becomes a key part of the standard by which all candidates for Station & National Board seats can be evaluated by voters. 2. OPEN DEFINITION OF MEMBERSHIP - Any listener, regardless of whether they have made donations of money or time to the station, should be eligible to vote. This is to insure that those who strongly support the station, but for a variety of legitimate reasons lack either the money or volunteer time to donate, can still have a voice in the election of the Station and National Board. 3. PRE-ELECTION "IN-REACH" CAMPAIGN:
4. ROLE &AUTHORITY OF STATION & NATIONAL BOARDS - Overall and final responsibility should reside with the National Board of Directors, but major governance decisions will be made by the Station Boards, subject to various types of review, as per the Revised KPFA/Spooner draft. In addition, specific language (from the Diversity Committee/Blanchet draft) should be added mandating that both Station and National Boards are responsible for ensuring that staffing and programming, both local and national, provide for represention of the diverse communities served by Pacifica. 5. BY-LAWS CONVENTION - A national by-laws convention will be convened one year after the first election to review the impact of the by-laws revisions and make appropriate changes.
PART II: SPECIFIC PROVISIONS FOR COMPOSITION/ELECTION OF STATION & NATIONAL BOARDS 1. STATION BOARDS: SIZE AND COMPOSITION The Station Boards are comprised of thirty-six (36) representatives;
divided into three categories of constituencies, as follows: [Numbers of seats for each category or sub-category are in parentheses] Category One: Mission Constituency Sub-categories: (15) A. (Historically) Oppressed & (Structurally) Discriminated Against Peoples (8): a) African Ancestry (2) B. Often-exploited and/or Marginalized Sectors of Society (7) g) Rank-and-file Labor & Unemployed Workers (1) Category Two: Listener Constituency Sub-categories: These sub-categories are based on a division of each station’s signal area into distinct, relatively large geographic sectors. As an example, the following is the listing of the geographic sectors in the WBAI Signal Area: (15) A. Geographic Constituencies (6) In addition, Category Two must include a relatively large number of At-Large constituency seats for members of the radio community not fully represented by Mission and/or a Geographical constituencies (subcategories). B. At large seats (9) Category Three: Staff Constituency Sub-categories: (6) 2. REGISTRATION, NOMINATION & VOTING PROCEDURES Registration –Registration is required for all, including subscribers, who seek to vote, and can be done by mail. As part of the process, the registrant will be asked to provide information about themselves and to voluntarily answer a separate, anonymous survey about their favorite and suggested programs. Each person can choose to register in up to 2 constituencies of which they are a part (this includes at large, geographic, as well as those defined by various categories of oppression/marginalization, etc.). However, Staff can only register in one of the two Staff subcategories (paid or unpaid). Nominations – Self-nominations of listener constituencies made with requirement of 50 verified signatures (less for staff) from registered voters in that person’s constituency, and detailed forms setting forth personal qualifications and views on Pacifica mission and policies. In addition, a well-publicized, open-to-the-public "Big Tent" convention will be held at which members of the "Mission," listener and staff constituencies can debate positions on Pacifica issues as a large group, and can break into caucuses by constituency to adopt positions or endorse or encourage particular candidates to self-nominate. Campaigning – Voter guide compiling all candidates’ forms will be distributed. Each station will sponsor candidate debates for each constituency, at least one of which (per constituency) must be broadcast. Elections – To minimize fraud, polling places will be set up at the station and several locations throughout the signal area on several days during the three-week voting period, staffed by volunteers. Waivers will be available for prisoners and people with disabilities or transportation problems. Registered voters will have to show identification (not necessarily picture IDs.), and will then receive ballots for the constituencies in which they are registered. Subcategories of the Board with multiple election seats will be tabulated using the KPFA model (50% women/people of color mandates and proportional representation). Subcategories with single seats will employ "instant runoff" procedures to insure majority support for the winner. Supervision: An Elections Board of noncandidates will be chosen by the Station Board to supervise the entire process, investigate any irregularities, and decide on any complaints. Grandfathering: In the first election, current LAB members (except staff members) will be offered to be grandfathered for the shortest term available in the constituency of their choice, if they can obtain 50 petition signatures from registered voters in their constituency. Any seats thus grandfathered will not be elected for the first term. Removal/Recall: Removal by a 2/3 vote of the Station Board on adequate grounds. Recall at the next scheduled election by a 2/3 vote of the signal area registered members of the specific constituency category in which the Station Board member was elected. Special recall election triggered by a petition gathering signatures equal to 20% of the registered voters of the last election in the constituency in which the Station Board member was elected. 3. NATIONAL BOARD: SIZE, COMPOSITION AND ELECTION PROCESS Election of PNB to occur after the Station Board elections, in an open meeting of the new Station Board, by the 3 respective categories of members on the newly elected Station Boards. Two alternative plans: Alternative 1: The National Board is comprised of twenty-one (21) directors; four (4) elected by each station as follows: two (2) from Mission Constituencies, one (1) from Listener Constituencies; one (1) from Staff Constituencies, as well as one (1) selected by Pacifica affiliate stations. Alternative 2: The National Board is comprised of twenty-six (26) directors; five (5) elected by each station as follows: two (2) from Mission Constituencies; two (1) from Listener Constituencies; one (1) from Staff Constituencies, as well as one (1) selected by Pacifica affiliate stations. Removal/recall: PNB directors can be removed by a 2/3 vote of all PNB directors. PNB signal area representatives (directors) can be recalled at the next regularly scheduled election by a 2/3 vote of the signal area registered members of the specific constituency category from which the director was elected. PNB signal area representatives can also be recalled at any other time by a 2/3 vote of the Station Board representatives of the constituency category which elected the Director.
The Entire Draft CONSTITUENCY INVOLVEMENT AND REPRESENTATION WITHIN PACIFICA AT THE LOCAL & NATIONAL BOARD LEVELS (Revised/Corrected) STATEMENT OF PRINCIPLES However, due to the resolve of many listeners and the stewardship of the iPNB, Pacifica has regained its focus and is now reclaiming its mission. Coupled with the Mission Statement in the Articles of Incorporation, these principles are intended to be unifying tenets by which the Foundation and its membership can more effectively continue to struggle for social change. They will also become a key part of the standard by which all candidates for Station and National Board can be evaluated by voters. Thus, we propose adding the following language to Article
1, Section 2 – Purposes. As such, the Foundation commits to the following fundamental guarantees: 1. The Foundation and all of its local stations, in the selection
and treatment of staff, national and station board members
and appointees to various bodies, and in all programming,
shall operate with equity, nondiscrimination, and (where appropriate)
affirmative action in terms of race, nationality, language,
religion, citizenship status, 2. Recognizing the centrality of racism in U.S. society and given Pacifica’s stated mission "to engage in any activity that shall contribute to a lasting understanding between between nations and between individuals of all nations, races, creeds and colors", the Foundation shall foster leadership in all of its national and local management, decision-making and advisory bodies, of people of color from a diverse range of races and nationalities. 3. The Foundation shall strive for gender parity and shall promote women's leadership in all of its structures and programs. 4. All Pacifica facilities, meetings and public events shall be accessible to people with all types of disabilities, as determined by standards including but not limited to those set by applicable local, state and federal laws. 5. Pacifica broadcasters shall have the freedom to discuss, and invite others to discuss, the internal business of the Foundation, with the only permissible limitations being any reasonable, clearly-defined policies the Foundation may establish to restrict personal attacks on anyone and hate speech on the basis of race, nationality, language, religion, citizenship status, class, gender, gender identity, sexuality, age, appearance, and ability/disability. 6. The Foundation recognizes paid and unpaid staff as employees
and their right to seek union recognition under a common collective
bargaining unit and to contract for their rights. Whenever
the paid and/or unpaid staff of any Pacifica unit chooses
to be represented by a union, the Foundation shall engage
in good-faith negotiations with 7. All meetings of the Pacifica National Board and the various
Station Boards, and any committees thereof, shall be open
to the public, except for any discussions of litigation strategy,
personnel or criminal matters that are deemed necessary to
be held in closed 8. The Foundation shall accept no funding from for-profit corporations. 9. The Foundation shall under no circumstances sell its rights to any of the radio frequencies in its possession.
Collectively, these constituencies are Pacifica. While they are not mutually exclusive, they are each entitled to membership and representation in the Foundation. They each must also play an active role in all aspects of the new, more democratic Pacifica. MEMBERSHIP AND VOTER REGISTRATION All registered voters, in addition to listener-sponsors, become members of the foundation. Listener-sponsors are listeners who were current subscribers and volunteers within a one-year preceding the start of the registration period. Membership in the Foundation must be officially recorded. That is, each "member" must be registered as such with one of the stations comprising the Pacifica network. A mass mailing to all members of the Foundation and all past-year voters will be completed one week prior to the start of the voter registration period. In addition, any call-in or drop-in individual will be given or sent a registration package upon request. Registration packages will also be prominently displayed in locations friendly to Pacifica such as progressive bookstores, libraries, union locations and community centers. Voter registrations will also be available during the Big Tent convention (see "Nomination" below). All Foundation members will be required to fill out and return a voter registration during the registration period to be eligible to vote. Every election will require a new registration. Voters in the most recent election, as well as recent subscribers (less than one year before first day of registration), volunteers and staff will normally receive a registration package. All those who seek to register as voters will be required to fill out a form including: 1. Name, Address and Telephone Number In addition, registrants will be requested to fill out an
anonymous survey on a voluntary basis, so that the station
can obtain broader listener input. It could contain the following
questions: All station staff registering as voters will be asked to register into a maximum of one subcategory of Category Three and will not be allowed to register into any other subcategories. Each member’s registration must occur no less than fourteen (14) days before the date commencing the election period, with the following exception: The minimum voter registration in any one constituency (subcategory) will be no less than 50. If at the close of the registration period one or more subcategory has not been selected by the minimum 50 registered voters, the registration period will be extended for this subcategory or these subcategories for up to the day before the start of the voting period. If, by the time of the election, a subcategory has not received the minimum number of 50 registrations, the seat or seats assigned to this subcategory will remain vacant until the following year election. The following is an outline of the sub-categories of membership within the Foundation. The sub-categories were developed to facilitate broad, inclusive member-participation in Governance (i.e., local and national board representation), Outreach and Programming Policy. Category One: Mission Constituency Sub-categories: Category Two: Geographic and At-large Constituency Sub-categories:
The Geographic sub-categories are based on a division of each
station’s signal area into distinct, relatively large
geographic sectors. As an example, the following is the listing
of the geographic sectors in the WBAI Signal Area:
NATIONAL BOARD OF DIRECTORS ROLE &AUTHORITY Duties: (from annotated draft B – KPFA Diversity Comm./Blanchet
language) · Ensure that national and local programming is instituted that addresses the concerns, needs and interests of the diverse communities the Foundation serves, especially those of marginalized and voiceless communities. SIZE & COMPOSITION (2 alternatives) Board Directors will also be considered members of the local Station Board, which elected them. During the first three years of PNB operations under these revised Bylaws, there will also be one representative to the PNB and one alternate representative to the PNB elected by the Formal Organization of Pacifica Affiliates. During Year 3 of PNB operations, this bylaws item (i.e.,
Affiliate participation on the PNB) will be reviewed by the
PNB and the membership as well as by the Formal Organization
of Pacifica Affiliates. After receiving the views of the Affiliate
Organization and the PNB, this bylaw/article will either be
permanently retained, extended for a specific period, revoked
and/or amended. Such action(s) may occur either during new
PNB elections by vote of the Foundation membership; or within
two months after new station board elections by vote of a
majority of the newly station boards. Alternative 2: Same as above but each Station Board elects two (2) Category One, two (2) Category Two and One (1) Category Three Directors, for a total of 5 Directors sent by each Station Board to the National Board and 26 National Board Directors when the affiliate representative is counted. ELECTION OF DIRECTORS The nomination and election of candidates for PNB Director seats will occur within one month after the seating of the station board. Each nominated candidate will be elected by his or her respective constituency category at a public meeting. Alternative 1: Four representatives to the PNB (Directors) will be elected by the station board of each station signal area. The local Station Board members will elect two (2) members from Categories One (Mission), one (1) from Category Two (Geographic and At-Large) and one (1) from Category Three (Station Staff) respectively. The election of board Directors by the local Station Board will satisfy the Affirmative Action requirement of a minimum of 50% people of color and 50% women. Each Station Board will provide replacement to the vacated seats in accordance with the local Station Board member replacement policy or bylaw. Alternative 2: Five representatives to the PNB (Directors) will be elected by the station board of each station signal area. The local Station Board members will elect two (2) members from Categories One (Mission), two (2) from Category Two (Geographic and At-Large) and one (1) from Category Three (Station Staff) respectively. The election of board Directors by the local Station Board will satisfy the Affirmative Action requirement of a minimum of 50% people of color and 50% women. Each Station Board will provide replacement to the vacated seats in accordance with the local Station Board member replacement policy or bylaw. TERM LIMITATIONS REMOVAL/RECALL OF DIRECTORS STATION BOARDS ROLE & AUTHORITY Station Boards will have the capacity to establish their
own committees. The following are proposed as standing committees: This minimal list illustrates the importance of having a Station Board with sufficient members to take full responsibility for all of these functions. These committees would require work on a constant basis, not simply during meetings. SIZE & COMPOSITION There will be at least one representative from each of the sub-categories. The specific number of representatives for each Category and sub-category is presented below in parentheses. Category One: Mission Constituency Sub-categories: (15) A. (Historically) Oppressed & (Structurally) Discriminated Against Peoples (8):
B. Often-exploited and/or Marginalized Sectors of Society (7) Category Two: Listener Constituency Sub-categories: These sub-categories are based on a division of each station’s signal area into distinct, relatively large geographic sectors. As an example, the following is the listing of the geographic sectors in the WBAI Signal Area: (15) 1. New York City (3) In addition, this category includes a number of at-large seats B. At large seats (9) Category Three: Staff Constituency Sub-categories: (6) PRE-ELECTION "IN-REACH" Thus an approximately, eight-week nominations and elections period would be completed around the beginning of March 2003. Note: Based on a collaborative effort between Community for
Progressive Radio (CPR) and the Unity Caucus, two WBAI area
activist groups, "in-reach" efforts to involve
more of Pacifica’s constituent communities is beginning
to bear fruit. An iPNB commitment of resources to do "in-reach"
nationally, is a bold, yet fundamentally sound strategy. NOMINATION OF STATION BOARD REPRESENTATIVES Prospective candidates from the paid and unpaid staff (from Category Three, Staff Constituency) must produce names and signatures on the above referenced petitions in numbers to be set by each Local Advisory Board. General Nomination requirements include the following: Every candidate (1) may only stand for election for one seat in one subcategory. (2) articulate her/his specific views about, and grasp of the Pacifica Mission Statement and Pacifica Statement of Principles (incorporated above) in a writing of at least 100 words. (3) articulate in a writing of approximately 500 words her/his vision of the New Pacifica, its relationship to her/his local station and signal area, and how s/he proposes to help attain or implement that vision. (4) clearly articulate her/his ability and willingness to commit to the time, effort and performance/work requirements attendant to the position of Station Board member. (5) Provide adequate and accurate information regarding her/his relevant roots in the community and experience in constituent community organizing and struggles about programming issues, (6). Provide adequate and accurate information regarding her/his relevant technical, fiscal, fundraising, or legal or consensus-building skills; board, political and/or professional experience, work, progressive affiliations, etc. The nomination of candidates for Station Board seats will be overseen by the Election Board . All this information will be compiled by the Elections Board into a Voter’s Guide to be widely distributed. During the nominations process candidates, listeners and
staff will be invited to participate in a "Big Tent"
convention and mobilization. During the caucus period, each
constituency could meet to debate and consolidate positions
on either constituency-specific, station or network issues
and to identify and endorse candidates. This could include
sub-caucuses if there are major ideological differences within
a constituency. Meanwhile caucuses among at-large constituencies
could also meet for the same purposes. During the plenary
session, there could be debate about a vision and major issues
for the station and the network. Such an event would be a
lively, entertaining and an informative public display of
democracy that could be covered on-air by WBAI in the manner
of a national political convention. It would bring together
the entire listener community, and help stimulate the kind
of debate, exchanges, and connections between people that
are at the heart of the Pacifica mission. And such a "Big
Tent" would represent a good symbol of what the model
of inclusion is aiming to achieve. ELECTION OF STATION BOARD REPRESENTATIVES The nomination process will commence one month after the start of the registration period and will last one month. The nomination process will culminate in the Big Tent convention where each constituency will caucus and issue endorsements to any or all candidates in that constituency deemed to be viable. All candidates vested with the caucus endorsement will be permitted to advertise it. The campaigning period will commence two weeks into the nomination period and end one week prior to the scheduled election (start of the cool-out period). There will be at least one organized public debates among all candidates – at least one for the at-large seats and then separate debates (in different locales) for the candidates from each constituencies. At least one debate for each contested election should be broadcast, preferably live and facilitated by the Election Board (see "Election Board" section) and allowing time for listeners to call in questions. Station Board Members are elected for three-year terms. The election process will span a three-week period ("the election period"); commencing two weeks after the close of the Station Board nominations period. Like the nominations process, the election process will be overseen by an independent Election Board During the election period, signal area registered voters will vote in person at officially designated and publicly posted and broadcast voting times and locations in geographically dispersed parts of the signal area. Each voter will be required to produce some proof of identification with their name and address on it (but not necessarily a picture I.D.). Waivers of in-person voting will be issued for the disabled and prisoner subcategories and, by the Election Board for other individuals on a case by case basis. The vote will then be allowed by mail, with the postage date acting as time of vote for the purpose of validity. At least one (3) members of the Election Board members will oversee voting at each polling site. Separate, color-coded election ballots will be produced for each constituent categories. Each constituency ballot will be configured, if possible, as a single form anonymous ballot containing the name of the constituency and candidates in the format prescribed by the appropriate voting method. Voters will be allowed privacy and ballots will be cast into a lock box. Each local Station Board will establish local election procedures that meet the specific requirements of its signal area. Each Station Board will have the right to develop and implement mission-oriented elections similar or in conformance with the Constituency model (a.k.a. Model of Inclusion). The Pacifica Foundation will only establish election rules necessary to ensure minimal uniformity in elections rules and conformance with the Articles of Incorporation, and will refrain from establishing unnecessary rules which may infringe upon the rights of local signal areas to implement their own process. No assumption nor presumption shall be made about what is considered democratic and undemocratic but only what is consistent with a fair and equitable process in achieving the goal of implementing the mission of Pacifica. ELECTION BOARD The authority of the Election Board will be endorsed by the Station Board and it will be responsible: a To ensure that the elections lists remain private and are
not used for commercial purposes or otherwise disseminated
for non-elections purposes. VOTING METHODS VOTE TALLYING METHODS
GRANDFATHERING STAGGERING Alternative 1: In the first election, the Station Board members in each constituency with more than 3 assigned seats will be assigned terms according to the following criteria: a Top one-third tier (or slightly more in uneven division)
of elected members declared elected in the vote tallying scheme
will receive a three year term In the first election, the Station Board members in each constituency with 2 assigned seats will be assigned terms according to the following criteria: a Elected member first declared elected in the vote tallying
scheme will receive a three year term In the first election, the Station Board members in each constituency with 1 assigned seat will be assigned terms according to the following criteria: a All seats regardless of constituency will be ranked according
to the voting participation index (ratio of constituency voters
versus constituency registered voters). Alternative 2: In the first election, the Election Board will randomly assign terms for constituencies with less than 3 seats ("drawing straws"). The assignment of terms for constituencies with 3 seats or more and for grandfathered members will follow the rules set above in Alternative 1. Aternative 3: There will be no staggering of constituencies with less than 3 seats. All members from these constituencies will be elected for 3 years and elections for these seats will occur every three years. REMOVAL/RECALL OF STATION BOARD REPRESENTATIVES A Station Board member can be removed by a vote of 2/3 of the Station Board on adequate grounds. Process and ground for removal needs to be established by a policy vote of 2/3 of the Station Board. During an election, a Station Board member can be recalled directly by a two-thirds vote of the signal area registered members of the specific constituency category in which the Station Board member was elected. A special recall election can be triggered by a petition gathering signatures equal to 20% of the registered voters of the last election in the constituency in which the Station Board member was elected. BYLAWS CONVENTION Categories not examined in this draft: ABSENCES OF A STATION BOARD REPRESENTATIVES, AMENDMENT OF BYLAWS, AMENDMENTS OF ARTICLES OF INCORPORATIONS. |
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