[Kzyxtalk] from the AVA's "Mendocino County Today", May 22, 2014

[doug mckenty]

Look,

Another molehill.

On Thursday, May 22, 2014, David <uw at kzyx.org> wrote:

>  Hi John S.
>
> You've written a number of missives in the last 24 hours, but I have yet
> to receive a response to my email (yesterday's email, reprinted below)
> requesting that you schedule your "grievance" meeting. It would seem that
> once you move forward on presenting your case some of your complaints might
> disappear. . . .
>
> David
>
>  David Steffen
> KZYX Business Development
> (707) 895-2324 office
> (707) 322-9895 cell
> (707) 895-2451 fax
>
>
>
>
> Good afternoon John.
>
>
>
> I read with some interest your latest letter to a local newspaper. In
> recent weeks I've resisted any public debate with you over the letter you
> received from me more than two weeks ago. It is my opinion that these
> matters are between a volunteer programmer and, in this case, the Business
> Development person . . . me. Since you first raised the possibility of
> filing a grievance, I've been encouraging you to do just that: file a
> grievance. I've also been upfront about the rationale for my May 5, 2014
> notice to you, a rationale found within the Volunteer Handbook.
>
>
>
> Your justification for not reading the underwriting suggests that the
> timing of reading underwriting is at the programmer's discretion. In fact
> it is not. The handbook and other materials and presentations I've made to
> programmers make this rather clear. It was reaffirmed in the updated 2003
> handbook, which was and is the programmer's guide to requirements and
> responsibilities. (I might add I had nothing to do with writing the
> handbook as it predates me by five years.) Please note the following
> excerpts, with which you should already be familiar:
>
>
>
> "RIGHTS, REGULATIONS AND RULES
>
> This section presents summaries of the rights, rules and regulations at
> MCPB. Many of the points summarized here are addressed in more detail
> further on in this handbook. Programmers assume responsibility for
> complying with both MCPB and FCC rules and regulations. A PROGRAMMER WHO
> DELIBERATELY DOES NOT COMPLY IS SUBJECT TO DISMISSAL, IN ACCORDANCE WITH
> THE PROCEDURES SET FORTH IN THIS HANDBOOK.
>
> REGULATIONS APPLYING TO PROGRAMMERS
>
> A programmer is expected to:
>
> 1. be proficient in the operation of all equipment that is routinely
> needed during his/her shift, 2. be informed of, and must follow all FCC
> rules and regulations, 3. read and understand the contents of this handbook.
>
> 4. participate in and abide by conflict resolution and grievance
> procedures, as outlined in this handbook.
>
> 5. read all underwriting announcements assigned to his/her program clearly
> and without ad-libs.
>
> 6. keep accurate logs of his/her shift time.
>
> 7. air station promos, PSAs and other announcements as requested."
>
> I hope you noticed the passage emphasized in the handbook: "A PROGRAMMER
> WHO DELIBERATELY DOES NOT COMPLY IS SUBJECT TO DISMISSAL, IN ACCORDANCE
> WITH THE PROCEDURES SET FORTH IN THIS HANDBOOK."
>
>
>
> On more than one occasion during 2014, you did not read the underwriting
> as scheduled. You're unhappy? Sorry about that but rules are rules. As for
> your drumbeat of a potential grievance filing, I've done nothing but
> encourage you to file for conflict resolution so we can both put this
> behind us. In fact, again referring to the handbook,
>
> "The first step of the conflict resolution procedure is to hold a
> discussion of the problem by the parties involved, clarifying points of
> disagreement and agreement, proposing solutions, and if possible, coming to
> a resolution."
>
>
>
> That seems straight-forward and, as indicated above, I have advocated for
> the established procedure for conflict resolution since the beginning. The
> handbook does not order or recommend that issues be litigated in the press
> or on listserves. You, however, have chosen to regularly misrepresent the
> disagreement on various listserves, and in the local press (as well as, I'm
> told, in at least one local vanity publication.)
>
>
>
> I have no interest in a public litigation of your grievance in competing
> emails or the press. And please resist the temptation to couch this in
> "free speech" terms. If you truly believe that you are an aggrieved party,
> then call for a meeting to find resolution. Until then I'm asking that you
> stop writing letters to editors, or op-ed pieces, or postings on the
> listserves. It's time to embrace and endorse the conflict resolution
> procedure you agreed to when you became a programmer. Meet face-to-face. It
> really is that simple.
>
>
>
> David
>
>
>
> David Steffen
>
> KZYX Business Development
>
> (707) 895-2324 office
>
> (707) 322-9895 cell
>
> (707) 895-2451 fax
>
>
>  ------------------------------
> *From:* kzyxtalk-bounces at lists.mcn.org<javascript:_e(%7B%7D,'cvml','kzyxtalk-bounces at lists.mcn.org');>[mailto:
> kzyxtalk-bounces at lists.mcn.org<javascript:_e(%7B%7D,'cvml','kzyxtalk-bounces at lists.mcn.org');>]
> *On Behalf Of *sako4 at comcast.net<javascript:_e(%7B%7D,'cvml','sako4 at comcast.net');>
> *Sent:* Thursday, May 22, 2014 11:58 AM
> *To:* tbray at wildblue.net<javascript:_e(%7B%7D,'cvml','tbray at wildblue.net');>;
> kzyxtalk at lists.mcn.org<javascript:_e(%7B%7D,'cvml','kzyxtalk at lists.mcn.org');>
> *Subject:* Re: [Kzyxtalk] from the AVA's "Mendocino County Today", May
> 22, 2014
>
>
>  It would seem obvious KZYX is now trying to develop a policy designed to
> kick dissidents off the air...a list of forbidden off-air conduct or
> behaviours that would result in the cancellation of shows and the
> revocation of broadcasting privileges for the "guilty" broadcaster.
>
> What conduct, I wonder?
>
> Conviction of a felony crime? Imprisonment?  I can completely understand
> being kicked off the air for serious criminal behavior. But KZYX isn't
> talking about that.
>
> So, what other conduct gets a broadcaster in trouble, I wonder?
>
> Criticism of station management? Is that enough to get a broadcaster
> kicked off the air?
>
> How about other criticism? Criticism of the Board? Criticism of station
> policy? Criticism of another broadcaster?
>
> Hmm.
>
> What other conduct? Where does the slippery slope end?
>
> How about getting kicked off the air for holding controversial opinions?
> Holding certain political beliefs? Belonging to certain religions?
> Belonging to certain organizations deemed subversive by KZYX station
> management? Perhaps even making certain lifestyle choices unacceptable to
> station management?
>
> Sounds like McCarthyism all over again.
>
> Any policy in this area would almost almost certainly be actionable in
> court. A policy mandating or regulating off-air conduct would immediately
> have KZYX defending itself against claims of reprisals, double standards,
> and discrimination.
>
> If anyone thinks KZYX's legal bills for the renewal of the FCC licenses
> are too high now, I shudder to think what defending against such claims in
> court would cost in the future.  Station management would bankrupt the
> station by trying to mandate or regulate off-air behavior. Almost
> certainly, none of the above claims would be dismissed by a judge. The
> opportunity for making case law in a constitutional challenge at publicly
> funded radio station, like KZYX, would far too compelling. A judge's career
> is determined by published case law.
>
> Also, if anyone thinks the objections to the renewal of KZYX's two FCC
> licenses drew a spark of national attention, then creating a policy for
> required off-air conduct would almost certainly create a firestorm of
> controversy. I don't think many other public media stations would support
> an attempt by KZYX to mandate or regulate off-air behavior.
>
> Tal
> ------------------------------
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