[Kzyxtalk] typo corrected

[sako4 at comcast.net]

Doug, 

I won't be attending, either. 

Like you, I feel that staff, especially Coate and Aigner, have a "bunker mentality" that has led to purges of critics and others who spoke their minds. The harm is irreparable. 

These purges, of course, have created an upwelling of animosity that will prove to be the station's undoing unless staff, especially Coate and Aigner, are terminated and replaced -- replaced, hopefully, by more more capable public radio professions, who have no history with, or ties to, the station. 

In reviewing my own purge from the station with someone at the FCC, I noted that Coate will almost certainly claim I was ousted because I uttered the f-word on-air. 

I made a few points to the FCC to refute Coate's trumped up claim. 

One, I was not on the engineering board when the word was uttered. Aigner told me to step aside. She was at the board trying to get my guest back on the line (the call dropped four times). I was physically standing a couple of feet behind Aigner. Aigner failed to pot down the mic. 

Two, the utterance was ambient sound. Ambient. Again, I was not at the engineering board. I was standing 3-4 feet from the mic. 

Three, no listener complained to the station following my show. Complaints? No. A confabulation by Aigner and Coate? Yes. 

Four, the station's seven-second delay -- intended to prevent obscenity violations and promised by Coate a year ago -- is, as of this time, still non-existent. It's been a full year, Doug, since you were purged for a similar trumped up obscenity violation. 

For the above four reasons, I will not sign the declaration Coate demanded that I sign taking "full responsibility for the incident" as a condition for having my suspension lifted. 

Be that as it may, Doug, the f-word incident is not the only reason I remain indefinitely suspended. 

Coate's new demand is that I sign a letter that he drafted retracting my FCC complaint. It's a letter that Coate stated he will send to The Ukiah Daily Journal and The Anderson Valley Advertiser. He further stated he may use the letter for any other purpose. 

The coerced letter, of course, is tantamount to a public humiliation. My lawyer says that Coate's demand constitutes extreme and outrageous conduct intended to cause severe emotional distress. Consequently, I have suffered "severe injuries as a direct and proximate result. 

In strictly legal terms, the complaint against Coate will be for " T he Intentional Infliction of Emotional Distress". 

My lawsuit will be supported by facts and evidence, which will include the purges and humiliations suffered by others, such as yourself, Norman De Vall, Sheila Dawn Tracy, and Johanna Schultz. My lawyer will demonstrate a history of abuses at the station. 

Another thing. 

The lawsuit will also name the Board as a co-defendant for failing to use reasonable care to prevent the negligent and grossly negligent acts i.e., the purges, the violations of free speech and other rights, the violations of due process, the public humiliations, etc., from occurring. 

Coate's sweeping general manager and executive director powers notwithstanding, the Board has a duty to supervise Coate. 

In strictly legal terms, the complaint against the Board of Directors will be for "Negligence". 

Our causes of action will be the following: The Board has failed to adequately monitor Coate, failed to institute and implement policies for the protection of volunteers, failed to report abuses to the FCC and the CPB, allowed Coate to tamper or destroy evidence, and allowed Coate to threaten victims and witnesses to deter complaints. 

Our lawsuit will further allege that the Board's decision not to supervise Coate reflects that the reputation of Coate and the MCPB, and the desire to avoid scandal, were vastly superior and more important to the Board than the welfare of the plaintiff and other victims who had been abused by Coate, and this f ostered an environment and culture where abuse of could flourish and in which it was clearly understood that there was no accountability for such abuses toward volunteers. 

What my lawyer and I have not yet decided is whether or not we will allege that there was a conspiracy between Coate and the Board to cover up the abuses. The fact that the Board did not insist on an investigation of the splitting incidence involving a volunteer, M. Kathryn Massey, and a member of staff, Rich Culbertson, is deeply disturbing. There is videotape evidence from May's Board meeting in Willits of Board member, Jane Futcher, clearly suppressing an investigation. The rest of the Board, lead by Board Chair Eliane Herring, agreed. 

My lawyer has suggested that Ms. Massey be a co plaintiff. Others, such as yourself, may wish to be co-plaintiffs, if that is the advice of our attorney. 

Some other features of the lawsuit. 

My lawyer has a discovery control plan. We intend to conduct discovery under the California's Title 4 (Sections 2016-2036) of the Code of Civil Procedure , and be controlled by a scheduling order to be agreed upon by the parties. A few surprises may be store. 

The Mendocino County Superior Court has jurisdiction over this action, because the facts giving rise to this action occurred in whole or in part within Mendocino County, and the damages sought by plaintiff are well in excess of the minimum jurisdictional limits of this Court. 

Finally, punitive damages will apply. My lawyer said he could write a book about why punitive damages apply in our case. 

The statute of limitations doesn't run out for two years on personal jury in California; two years also for breach of oral contract, and four years for written contract -- so we're in good shape there. 

My next move, Doug? Have my lawyer prepare a demand letter. Then, have my lawyer finalize the complaint, including petition for jury trial and request for disclosure, and file it. 

Because I don't want to "destroy" the station, I'll write to the Board first with a demand letter of my own. Basically, I'll demand to have my suspension lifted and to return to the air. 

If I don't get an adequate response, my lawyer will send a demand letter. It will include further demands. The Board won't be happy. It will cost them. If the lawyer's demand letter doesn't get a response, we file. 

I'm doing all this for the benefit of MCPB, Doug. It's the Board's decision if they want to fight, if they want to bankrupt the station, and if they want to hold the station up to further public ridicule. 

It was nice speaking with you this weekend. Thank you for calling. 

Best always, brother, 

John Sakowicz 
----- Original Message -----

From: "mckenty, doug" <dougmck at gmail.com> 
To: "kzyxtalk" <kzyxtalk at lists.mcn.org> 
Sent: Monday, September 29, 2014 12:50:27 PM 
Subject: Re: [Kzyxtalk] Correcting John Sakowicz 

Jane, 

Thank you so much for participating in the KZYXtalk forum. It has been my hope from the beginning that as many different voices as possible must be heard if KZYX will become a more viable institution in service to the many diverse perspectives that are represented here in Mendocino County. I was disappointed when more board members did not participate during last years election cycle and am hoping this forum will benefit from the views of persons such as yourself who have a view from inside the daily workings of the station as the election rolls around again. 

I certainly appreciate the work that you and Meg have put forth into the organizing of this event and believe you have the best intentions for the station at heart. I must say, however, that I will not attend as the "us vs. them" bunker mentality of staff has created too large a rift between myself and the many other members of my community because of their apparently unacceptable notion that the programming and operational philosophy of the station should be transparent and controlled by the membership. 

Staffs insistence on making programming decisions behind closed doors with ultimate authority in the decision making process causes the station 1-2,000 members from my observations and their NPR centric formulaic philosophy turns off well over half of all the people I have ever spoken to about KZYX. The station may be able to survive on the backs of NPR supporters but it will never thrive, nor truly achieve its potential as our communities communication and information source so long as the focus is so blatantly on the side of NPR promotion at the expense of the many who which to hear alternative points of view. 

Many in our community, especially those formerly associated with KZYX have felt ostracized after years of watching our favorite programmers leave in frustration, or get the boot on technicalities, and hearing our please for some membership involvement in programming decisions fall on deaf ears. 

I am afraid that the more I delve into station history I find dozens like Beth and Ells and Sister Yasmin who want to participate in local radio but cannot because a staff member does not like them or simply does not respect their point of view. 

I hope the party is a good time for those who attend, but do understand why many will not. 

Doug McKenty 

On Monday, September 29, 2014, < nsi at mcn.org > wrote: 



Really, Jane? Your outreach fell short. Where's my invitation? I'm one of the founding programmers. As was Sister Yasmin. Els Cooperrider's show was invaluable to the County those years she was on the air. Have you made any attempt to contact her? --beth bosk 


<blockquote>

----- Original Message ----- 
From: 
"Jane Futcher" < janefutcher at me.com > 

To: 
< kzyxtalk at lists.mcn.org > 
Cc: 

Sent: 
Mon, 29 Sep 2014 09:42:26 -0700 
Subject: 
[Kzyxtalk] Correcting John Sakowicz 


There are many points I'd like to respond to in John Sakowicz's most recent assault on KZYX, but let me correct two points he makes that are absolutely wrong: 
1) The KZYX birthday party is NOT a fundraiser. Admission is $5. We kept the admission low to be sure everyone who wanted to come was able to afford a ticket. Food and microbrews are extra, but we will be lucky to break even on the event because of the costs involved. 
2) Meg Courtney and I, as KZYX board members, are spearheading and organizing the event. We both felt deeply that this station milestone was too important for our community not to celebrate. The event is far from an "ego trip" for John Coate and Mary Aigner. The focus of everyone involved in putting on the event is making the 25th birthday a fantastic party that honors everyone, and I mean EVERYONE, who has been a programmer, staff, board member, volunteer, donor, listener or member over the years. 

We hope everyone who cares about the station will join us at the Boonville Fairgrounds October 11 to celebrate the station's remarkable creation and survival, through thick and thin, for 25 years. 

Sincerely, 
Jane Futcher 
_______________________________________________ 
Kzyxtalk mailing list 
Kzyxtalk at lists.mcn.org 
http://lists.mcn.org/mailman/listinfo/kzyxtalk 




</blockquote>


_______________________________________________ 
Kzyxtalk mailing list 
Kzyxtalk at lists.mcn.org 
http://lists.mcn.org/mailman/listinfo/kzyxtalk 


-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.mcn.org/pipermail/kzyxtalk/attachments/20140929/c99823c2/attachment-0001.html