[Kzyxtalk] [Fwd: Re: OFFLIST Re: Formal Challenge to Election of Programmer-Director]

[Tim Gregory]

--------------------------------- Original Message ---------------------------------
Subject: Re: OFFLIST Re: [Kzyxtalk] Formal Challenge to Election of Programmer-Director
From:    "Tim Gregory" <tgregory at saber.net>
Date:    Sat, April 23, 2016 9:39 am
To:      eric.sunswheat at gmail.com
------------------------------------------------------------------------------------

Since Denny's taking his time not replying to a question, maybe you'd care to help a
moron to understand what good will come of this. Unless this your club page, or
something...
---




Are you talking bull again, what a moron..

On Fri, Apr 22, 2016 at 1:25 PM, Tim Gregory <tgregory at saber.net> wrote:

> denny, perhaps you should 'hate the player, not the game'.
>
> the PED [programmer elected director], however enfranchised, can only
> advocate as a
> programmer, and must never make decisions favoring programmers over the
> interests of
> mcpb.
>
> what do you hope to accomplish?
> ---
>
>
> >From what I have read, the programmer-director seat has been elected by
> the
> > programmers since the beginning of MCPB's existence. I believe a
> thorough reading
> > of the bylaws and election policy will confirm this.
>
> Doug
>
> Sent from my iPhone
>
> > On Apr 22, 2016, at 12:52 PM, <dennisobrien at sharejerusalem.com>
> > <dennisobrien at sharejerusalem.com> wrote:
> >
> > TO THE DIRECTORS OF MENDOCINO COUNTY PUBLIC BROADCASTING (aka KYXZ&Z)
> >
> > This writing constitutes a formal challenge to the election of a
> > Programmer-Director in the recent election of directors for Mendocino
> County
> > Public Broadcasting (MCPB).  The Programmer-Director was elected only by
> a vote of
> > the Programmers, not the Members.
> >
> > The Directors of a membership nonprofit corporation are elected by the
> Members.
> > According to our Bylaws, MCPB has only one class of Members.  Although
> it may be
> > possible for the Members of a nonprofit to create another class of
> membership, or
> > create some other mechanism for the election of a director, I can find
> no record
> > of the Members of MCPB ever doing so.  It appears instead that the Board
> of
> > Directors changed the bylaws on its own authority to create the
> > Programmer-Director seat, as old documents refer to the election of four
> At-Large
> > Directors instead of the current three.
> >
> > In creating the Programmer-Director seat, the Board reduced the right of
> the
> > Members to directly elect all of the directors.  Under the California
> Corporations
> > Code, only the Members can reduce the rights of the Members.  Therefore
> the action
> > of the Board of Directors to change the Bylaws is invalid.
> Consequently, the
> > recent election of a Programmer-Director is also invalid.
> >
> > If the Board can provide documentation that the Programmer-Director
> position was
> > approved by a vote of the Members, then I will accept that decision.
> Otherwise, I
> > will continue to assert the right of the Members to elect all of their
> Directors
> >
> > The Board of Directors will meet at the annual Membership Meeting in May
> to
> > confirm and seat the new board members.  Please address this issue by
> then.  If
> > the Board of Directors confirms the election of a Programmer-Director
> without
> > providing documentation that the procedure was approved by a vote of the
> Members,
> > then I will file an action in Superior Court to force the removal of the
> > Programmer-Director, with the position to be filled as an At-Large seat
> in the
> > next election.
> >
> > Thank you very much for giving this matter your immediate and urgent
> attention.
> > The Corporations Code and our Bylaws allow only a limited time for
> resolving such
> > a challenge.
> >
> > Sincerely,
> >
> > Dennis O'Brien
> >
> > [Sent to MCPB Board of Directors April 22, 2016]
> >
> > _______________________________________________
> > Kzyxtalk mailing list
> > Kzyxtalk at lists.mcn.org
> > http://lists.mcn.org/mailman/listinfo/kzyxtalk
>
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