<html><head><style type='text/css'>p { margin: 0; }</style></head><body><div style='font-family: Arial; font-size: 12pt; color: #000000'>Tim Bray,<div><br></div><div>It's been suggested to me that you and I consider forwarding this conversation between you and me here at the KZYXtalk Listserv to the Programmers' Listserv. Both sides of it.</div><div><br></div><div>How about it, brother?</div><div><br></div><div>John<br><br><hr id="zwchr"><b>From: </b>sako4@comcast.net<br><b>To: </b>tbray@wildblue.net, kzyxtalk@lists.mcn.org<br><b>Sent: </b>Tuesday, February 11, 2014 11:03:18 AM<br><b>Subject: </b>Re: [Kzyxtalk] full text of my complaint to the FCC<br><br><style>p { margin: 0; }</style><div style="font-family: Arial; font-size: 12pt; color: #000000"><div><font face="Arial">With all due respect, Tim, it is central to my duties as a Board member to report what I perceive to be violations of the law. </font></div><div><font face="Arial"><br></font></div><div><font face="Arial">Board Directors at what the FCC calls a "non-commercial" station are sworn to uphold the highest standards for corporate governance, which include: accounting and audit oversight (including bank borrowings and other off-balance-sheet transactions); board independence; corporate responsibility; internal controls assuring participation of the public in both management decisions and programming decisions; restoring and maintaining public confidence in station management; maintaining the tower, repeaters and all other equipment; compliance with all federal regulations (including EEO compliance and diversity); meeting all public interest obligations and obligations for localism; and assuring protection for programmers and news reporters from all forms of censorship and interference while providing protections for investigative journalists and whistle-blowers.</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">These are my legal duties, and I can be held criminally and civilly liable for failing to uphold these duties as a Board Director.</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">On all boards and commissions on which I serve, my personal style is to be aggressive about inspecting all records, policing the conduct of management, assuring quality control of services, and enforcing compliance with the law, corporate by-laws, and other specific mandates. </font></div><div><font face="Arial"><br></font></div><div><font face="Arial">In the past and by way of example, I helped identify an improper diversion of $9.6 million in county contributions at the county retirement system. The retirement system could have lost its tax-exempt status. Fortunately, we're in discussions and negotiations with the IRS for a Voluntary Correction Program (VCP).</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">I was also involved in the Ukiah Sanitation District's $28 million lawsuit against the City of Ukiah for breach of contract and breach of fiduciary duty. </font></div><div><font face="Arial"><br></font></div><div><font face="Arial">I'm also all over the City of Ukiah's sweetheart contract with C&S Waste Solutions.</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">And I'm all over Ukiah for failure to cap and seal the city dump on Vichy Springs Road which was closed ten years ago and which is located in an important watershed area and near the historic Vichy Springs resort. Vichy Springs was known for more than 5,000 years to the local Native American Pomo tribes who still live on Vichy Springs Road (actually not far from the city dump and its toxic effluvia). Vichy Springs is called “katuct” (water of eggs) by the local Pomo. After ten years, we must cap and seal the dump.</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">All of the above examples are about fighting on behalf of the public trust. It's not about ego or grandstanding. It's hard work, and often it gets ugly. For the record, I'm deeply saddened by my decision to file my FCC complaint. But it's my duty, as I see it.</font></div><div><font face="Arial"><br></font></div><div><font face="Arial">Public radio is about public trust, too, Tim. </font></div><div><font face="Arial"><br></font></div><div><font face="Arial">It's all about trust. The FCC trusts us. Our bank trusts us. Our members trust us. Our underwriters trust us. Our listeners trust us. </font></div><div><font face="Arial"><br></font></div><div><span style="font-family: Arial;">The people trust us -- the people trust us, especially the voiceless. Public radio gives them a voice.</span></div><div><font face="Arial"><br></font></div><div><font face="Arial">Never forget that. </font></div><div style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;"><br></div><hr id="zwchr" style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;"><b style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;">From: </b><font face="Arial" size="3">"Tim Bray" <tbray@wildblue.net></font><br><b style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;">To: </b><font face="Arial" size="3">kzyxtalk@lists.mcn.org</font><br><b style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;">Sent: </b><font face="Arial" size="3">Tuesday, February 11, 2014 9:25:10 AM</font><br><b style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;">Subject: </b><font face="Arial" size="3">Re: [Kzyxtalk] full text of my complaint to the FCC</font><br><br>
<div class="moz-cite-prefix" style="color: rgb(0, 0, 0); font-family: Arial; font-size: 12pt;">John, this was irresponsible and a
direct contravention of your duties as a Board member. You should
be ashamed of yourself.<br>
<br>
It's purely grandstanding, as you well know the FCC is not going
to reach down and pluck John Coate out of his position. (If you
really thought they would, then you aren't as smart as I think you
are.)<br>
<br>
By asking them to suspend the station's license, you have
deliberately risked the existence of community radio in Mendocino
County. You're willing to take away the station so many people
have come to depend upon, just because you don't like the way it
is managed. That is a shocking level of hubris and
self-righteousness.<br>
<br>
You are on a Board of Directors. We elected you to help keep the
station going, not to tear it down. You are supposed to be
working with the other Directors to accomplish the positive
changes many of us would like to see, but it seems you have not
been able to do that. It's one thing to put up a slate of
candidates to change the Board, it's something else entirely to
monkey-wrench the licensing process. By doing so you have lost my
respect, and diminished support for those associated with you. <br>
<br>
Sincerely,<br>
Tim Bray<br>
</div><font face="Arial" size="3">
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