[Kzyxtalk] Letter from KZYX re Use of Membership LIst

[sako4 at comcast.net]

MEMO OF THE DAY 

Editor: 

KZYX Board President, Eliane Herring's response to King Collins, a former KZYX Board member who served with distinction, regarding Mr. King's request for the KZYX list of 2,300 members (see below) -- so as to conduct a mailing at his own expense prior to the upcoming Board elections -- almost make it sound as if Mr. Collins wants to commit a postal violation. 

Upon receiving a letter from Mr. Collins that meets Ms. Herring's strict requirements for mystery on the outside of the envelope, a KZYX member may rightly ask the following questions: Why the mystery? Why no KZYX return address, if the letter pertains to KZYX business? What's it in the envelope? 

Kiddie porn? A Nigerian lottery scam? I chain letter? Anthrax? 

Can I expect a U.S. Postal Inspector to be showing up soon? Can I expect an FBI Counterterrorism team to be showing up soon? 

I quote Ms. Herring: "Nothing on the exterior of any envelope will indicate that the contents pertain to KZYX. In case the envelopes are marked in violation of this requirement, they will not be mailed, and will be destroyed." 

Destroyed! 

Oh Ms. Herring! You silly, silly woman! 

Sincerely, 

John Sakowicz 
KZYX Board member, 2013-2016; KZYX Board Treasurer, 2014 

****************** 





July 19, 2013 







Mr. King Collins 

2304 Rancheria Road 

Redwood Valley, CA 95470 



Re: Membership List; Mailing to Members 



Dear Mr. Collins: 



This responds to your letter of July 1, 2013 to the Mendocino County Public Broadcasting Board of Directors. 



You formally demanded that KZYX provide you a way to send a letter by U.S. mail to all KZYX members, at your expense. You cited certain sections of the California Corporations Code as the basis of your demand. 



KZYX agrees in principle to your demand. 



In making this response to your demand, we have carefully considered the impact of the Corporation for Public Broadcasting rules on any action we might take. Under Section 396(k)(12) of the Communications Act of 1934, we are forbidden to disclose our donor names or other personally identifiable information to nonaffiliated third parties, subject to some very limited exceptions, none of which would apply in your case. 



Accordingly, the means by which we will send your letter to our members will avoid any disclosure to you of our members’ list. 



Here is a plan for accomplishing the mailing. We will tell you how many members we have at the time you choose to send your letter. You may compose your letter, copy it, stuff it into envelopes, and seal the envelopes. You may deliver the stuffed envelopes to our contractor, or mail them in bulk to the contractor at your expense. 



In case you wanted our contractor to copy your letter and stuff it into envelopes, this would involve additional charges. 



Our contractor is Ace Printing, 1925 East Francisco Blvd., San Rafael, CA 94901. 



At your option, you may apply first-class postage to each envelope before you deliver the envelopes to our contractor. Or you may elect to have our contractor apply the stamps. If the contractor applies the stamps, there will be a charge for this. And you will pay for the stamps in either case. 



Our contractor has confirmed that it is capable of printing addresses, including a return address, on envelopes that are already stuffed. Our contractor will print the following as a return address on all envelopes: 



King Collins 

2304 Rancheria Road 

Redwood Valley, CA 95470 



Nothing on the exterior of any envelope will indicate that the contents pertain to KZYX. In case the envelopes are marked in violation of this requirement, they will not be mailed, and will be destroyed. 



The names and addresses for our members will come from our members’ list. We will provide that list to our contractor in electronic form, requiring the contractor to use it only for the purpose of sending your letter. We will not be responsible for any errors in our member database that could cause one of your letters to be undeliverable. 



Our contractor works for us, not you. Accordingly, we will pay the contractor and manage its performance. Please decide whether you will send the envelopes to the contractor with or without postage, and whether you require the contractor’s help in copying and stuffing your letter. Let us know your decisions on these issues in writing. We will then get a quotation from the contractor as to the total cost all services and materials that you require. 



We will then tell you the total cost. We will require payment in full before instructing our contractor to perform any chargeable services. After your check has cleared, we will instruct the contractor to take action. 



Let us know how you would like to proceed. Please feel free to contact the Board at BOD at kzyx.org . 



Very truly yours, 





Eliane Herring 

President, Board of Directors 



Cc: John Coate 

Board of Directors, Mendocino County Public Broadcasting 



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