[Kzyxtalk] Saco4 at comcast.net

Wed Feb 12 22:30:52 PST 2014

Cindy,
   I want to respond that the station itself aired the announcement that the FCC was asking for input on how the station did or did not meet the needs of its community.
   Having reported on the KZYX Board for almost three years and read their Bylaws & Board Policies thoroughly,  I would point out to the Board when I found they were out of compliance. Not only were all my efforts in vain, I was routinely ignored and then blackballed from volunteering at the station altogether.
   I encouraged people to write to the FCC, not with the purpose of having the license revoked but as a public service to right a listing ship.
  There are a lot of good programs on KZYX but the mgmt. and Bd. are not following the mission statement to allow the community to be active participants in the decision making process. Some obvious areas the community is not being served is in children's programming and in having some programming targeted for the Native American & Hispanic population. 
  There is an atmosphere of disrespect for anyone who doesn't agree with the programming decisions made by the General Manager and the Program Director. More importantly, there is a chilling attempt to silence any opposition that threatens to diversify the control now consolidated in the hands of the few. The station gets federal money to ensure that the station exists for the good of the community and not for the interests of a power elite as in private corporations.
   What many who are trying to create change peaceably through the rights established in the station's Bylaws are fighting for is the simple right of the members to communicate with each other. This threatens mgmt.  because if  the members continue to be ignored or sidelined from participating in influencing programming & policy decisions, they have the right to hold a membership meeting. If a certain percentage agree, the Bylaws give the members the right to establish binding new law-- that is a democratic option of management from the bottom up instead of the top down.
   This is meant to be used as a protection to the community nature of a public radio station. Needless to say,it has never been tested.
   Management is currently withholding the membership list under a provision in State Corporate law that says they may provide other options so they are telling us they will send out our message but at our expense. 
   This may well end up in court but it is the least desire able outcome.
  The General Mgr. at KMUD told me that if the membership wanted to hold a meeting, her job would be to facilitate it. Instead what we have at KZYX is a deliberate intent to obstruct.
  I hope this clarifies the position of KZYX Members for Change which is not always in sync with individual actions.
    I do  support Sakowicz in his efforts to bring attention to the numerous  deliberate discriminations of mgmt. to selected individuals especially in light of the fact that he is an elected Executive Officer of the Bd.
with responsibility to oversee station finances and is being prevented from exercising his responsibility by the actions of the General Manager. 
   The station has had ample opportunity to balance the power struggle that now threatens FCC intervention. It is no ones fault but their own that they have chosen to sit by idly, if not with complicity, to foul their own nest.
        Respectfully,
        Sheila Dawn Tracy

Cindy Swan <cswan at willitsonline.com> wrote:

>Becoming Conscious: The Science of Mindfulness:
><http://www.youtube.com/watch?v=5TeWvf-nfpA>
>
>
>
>In my mind, public radio is about
>encouraging/expanding creative opportunities
>for positive, community-building dialogue.
>Whether via music, poetry, stories, interviews . . .
>folks can share insights and perspectives.
>
>Taking direct action to threaten the license
>(i.e. control of the airwaves)
>PRIOR to allowing
>your community of listeners
>to participate in the (albeit slow) democratic process
>of upcoming elections, (and subsequent decisions
>made on behalf of those they represent)
>. . .  appears to be the antithesis of the above
>
>With all due respect, John,
>It's difficult to "trust" someone wielding
>a bully club.
>~C.
>
>
>On Feb 11, 2014, at 11:03 AM, sako4 at comcast.net wrote:
>
>> 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.
>>
>> 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.
>>
>> These are my legal duties, and I can be held criminally and civilly  
>> liable for failing to uphold these duties as a Board Director.
>>
>> 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.
>>
>> 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).
>>
>> 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.
>>
>> I'm also all over the City of Ukiah's sweetheart contract with C&S  
>> Waste Solutions.
>>
>> 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.
>>
>> 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.
>>
>> Public radio is about public trust, too, Tim.
>>
>> 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.
>>
>> The people trust us -- the people trust us, especially the  
>> voiceless. Public radio gives them a voice.
>>
>> Never forget that.
>>
>> From: "Tim Bray" <tbray at wildblue.net>
>> To: kzyxtalk at lists.mcn.org
>> Sent: Tuesday, February 11, 2014 9:25:10 AM
>> Subject: Re: [Kzyxtalk] full text of my complaint to the FCC
>>
>> John, this was irresponsible and a direct contravention of your  
>> duties as a Board member.  You should be ashamed of yourself.
>>
>> 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.)
>>
>> 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.
>>
>> 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.
>>
>> Sincerely,
>> Tim Bray
>> -- 
>> Oak & Thorn
>> Facebook: Oak and Thorn
>>
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