[Kzyxtalk] Attn: New KZYX Board Members

Thu Jun 2 10:26:45 PDT 2016

Dear Clay,
Article VII, Section 7.03, Item 3) of the MCPB Bylaws adopted July 12, 2010:

							3)  Secretary: The Secretary shall act as recorder for all meetings of the Board, prepare and submit for
approval or correction minutes of all meetings, and keep at the principal office in a public file the minutes
of all meetings with copies of reports attached, all Member actions, the Articles and Bylaws as amended to
date, and all notices. The Secretary shall also perform all other duties as prescribed by the Board or
Bylaws. 

Did MCPB comply with this provision for the 'Search Committee'? If so, where are the meeting minutes? I haven't seen any minutes posted on the KZYX website since November of 2015:
http://www.kzyx.org/index.php/about-us/station-business/meeting-minutes
Also, I've been unable to locate any record of these bylaws being endorsed by KZYX members, or State and Federal authorities. Do you know if that ever happened?
Sincerely,
Scott M. PetersonMendocino

From: clayeubank at gmail.com
To: mkathrynmassey at gmail.com; law at kafin.name
CC: johnarteaga110 at gmail.com; dougmck at gmail.com; mcourtney1 at mcn.org; scamp1104 at comcast.net; scottmartinpeterson at hotmail.com; bronzegold at gmail.com; radio at mindbodyhealthpolitics.com; clay at visionguild.com; kzyxtalk at lists.mcn.org; bobp at airportclub.com; nsi at mcn.org; drrichardlmiller at gmail.com; ldechter01 at gmail.com; themaj at pacific.net; ndevall at mcn.org; dennisobrien at sharejerusalem.com; jim.sweeney at pressdemocrat.com; friscobruce at gmail.com; pgullixson at pressdemocrat.com; memo at mcn.org; gm at kzyx.org; suspiry at gmail.com; janefutcher at me.com; udjkcm at ukiahdj.com; ukiahguy at yahoo.com
Subject: RE: Attn: New KZYX Board Members
Date: Thu, 2 Jun 2016 09:57:08 -0700

Folks:

I keep hearing this message over and over again and I think 
it's time to clarify some misinformation. 

The only person on the "Search Committee" that Stuart Campbell 
picked was me. PLEASE quit stating otherwise. I was the person who selected all 
of the initial voting members of the "Search Committee" NOT Stuart. He did NOT 
hand select the committee I did. I based it on the KZYX by-laws. The committee 
members were myself, Benj Thomas (personnel committee chair), Valerie Kim 
(Staff), Angela DeWitt (programmer), and Jenness Hartley (CAB member). When 
Jenness joined the board I then asked Tom Melcher to replace her as the CAB 
representative. 

I received a lot of resistance and flack for the individuals I 
chose on this committee and it was not from Stuart. So if you have a need to be 
critical, please come from a position of truth. 

Best,

Clay

From: Mary Massey 
[mailto:mkathrynmassey at gmail.com] 
Sent: Wednesday, June 01, 2016 3:47 
PM
To: Peter Kafin
Cc: John Arteaga; Doug McKenty; Meg 
Courtney; Stuart Campbell; Scott Peterson; Jenness Hartley; Richard L Miller; 
clay at visionguild.com; KZYX LIST; Bob Page; nsi at mcn.org; richard miller; Lorraine 
Dechter; themaj at pacific.net; Norman de Vall; OBrien, Dennis; 
jim.sweeney at pressdemocrat.com; bruce anderson; pgullixson at pressdemocrat.com; 
Marco McClean; Stuart Campbell; suspiry at gmail.com; Jane Futcher; K.C. Meadows; 
Benj Thomas; Clay Eubank
Subject: Re: Attn: New KZYX Board 
Members

Mr Arteaga,

You were on the selection 
committee last Fall after Coate quit.  If you have been reading these 
threads about Stuart Campbell, you are fully aware that Stuart appointed the 
selection committee with the exception of 2-3 people ( I was one of those 
three); Stuart received the minutes of the meetings; saw the resumes; told the 
then Board that he was not a candidate to replace Coate, had three of the 
selection committee members: Eliane, Richard H, and Beth Lang write letters of 
recommendation for himself, after he announced he was a candidate two days from 
the cutoff to receive applicants resumes.  Then, he was pissed off when a 
person with experience was selected.  

I am unclear as to why you are 
clueless to this unethical and unprofessional behavior.  Stuart should NOT 
have been permitted to run for anything.  Period.  Where in the real 
world non-profit or not, does someone as unethical and unprincipled as Stuart 
Campbell get to sit on a Board after shamefully manipulating his candidacy for 
GM?

John Sakowicz has left the 
board.  He has his own show at another station soon to be syndicated with 
other stations. Stuart would have a cow if John S brought his show back to KZYX 
- even in a podcast.  The bigger questions is this:  Why?  Why 
would Stuart have a baby calf if John had airtime at KZYX?  Care to 
respond, Stuart?

I didn't think so.

Until the current Board 
embraces the obvious problems with the old guard, the station will not move 
forward.  

I have no dog in this 
fight.  You as a Board member are responsible for everything that does or 
doesn't happen.

Period.

Mary Massey

On Wed, Jun 1, 2016 at 2:58 PM, Peter Kafin <law at kafin.name> wrote:

  Mr. Arteaga,

As someone familiar with document requests submitted to 
  the board in the past few years, I have to agree with Doug and Scott.

I 
  find your characterizations of requests from John Sakowicz to be particularly 
  harmful not to him but to the station.  i.e. "As if the station has nothing better 
  to do than to hunt down every frivolous demand for this and that document that 
  he extortionately demands! Screw him!"

While treasurer Mr. 
  Sakowicz requested and was denied access to basic financial reporting 
  documents in direct violation of both the bylaws of the organization and of 
  State and Federal law.  The refusal to turn over even the most basic 
  paperwork made it impossible for him to meet the standards of due diligence in 
  his role as treasurer and put the station in an untenable position.

As 
  a board member Mr. Sakowicz was denied basic documentation that again, was his 
  absolute right to see as defined by the bylaws of the organization and by 
  proper governance requirements for a non-profit organization operating in 
  California.

Additionally Several document requests that had been made 
  in the last 15 months asked for information that a regular member of the 
  station had rights to see were denied to John while he was still on the 
  board.

As a follow up to one of those requests for documents several 
  members of the organization including former board members and myself went to 
  the station at the requested time for inspection and were met by police who 
  had been called in anticipation of our arrival.  At that time acting 
  director Stuart Campbell gave us access to the public document folders that 
  are required to be onsite, up to date, and accessible to members of the public 
  regardless of their affiliation with the organization.  Those folders 
  were astoundingly devoid of the information that the CPB 
  requires.

Suffice it to say, these lapses endanger the viability of the 
  station in very real and actionable ways.

The fact that the station was 
  not sued over these violations speaks mostly to the concern the petitioners, 
  Mr. Sakowicz included, had of costing the station more money than that which 
  had already been bled due the mismanagement by former GM John 
  Coates.

Frankly, you should thank Mr. Sakowicz and do whatever you can 
  to make sure the current board is acting according to their legal 
  responsibilities.

Peter Kafin

  On May 31, 2016 at 8:58 AM Doug McKenty <dougmck at gmail.com> 
    wrote:

    John,

    When I wrote the board three years ago to warn them that Sakowitz and 
    others were going to the FCC, I also let them that much of the complaints 
    were not under the preview of that regulatory body. What I did tell them was 
    the real threat came from the CPB, which has regulations concerning good 
    governance, and I advised them at that time that they should take these 
    issues seriously if they wanted to continue to receive the CPB 
    grant. 

    The CPB requires that the station follows its bylaws and policies. Am I 
    wrong to say that the station has not been following its programming 
    policy?  I believe it is easily provable that a handful of people have 
    been making programming and production decisions rather than following board 
    policy.  

    I have actually written then board, begging them to eliminate the 
    policy if they weren't going to follow it, because ignoring the policy put 
    the CPB grant at risk. 

    I have been ignored. 

    Now Scott Peterson has discovered this, among other violations, just as 
    I warned the board would someday happen if they did not clean up there 
    act. 

    This is not some random delusion. This is real.  

    I would suggest helping the board begin to function in accordance with 
    due diligence, though I warn you that offering such help is typically met 
    with stonewalling.  I do not understand why, perhaps you could 
    enlighten us. 

    Doug

Sent from my iPhone

On May 31, 2016, at 12:11 AM, John Arteaga <johnarteaga110 at gmail.com> wrote:

      Jesus 
Christ,

      What kind of unhinged 
      madman is this Scott Peterson? Did John Sackowitz contract out his 
      pointless, annoying, counterproductive mau-mauing of the station's 
      hard-working staff and board to him since he lost his board seat? (I'm 
      sure that everyone at the station breathed a great sigh of relief  
      when that happened). 

      I like the part about 
      John 'leaving because of cronyism and nastiness'. No, Scott, he left only 
      because he was voted out of his position there, and in terms nastiness, 
      there was no one there who could come close to him.

      As if the station has 
      nothing better to do than to hunt down every frivolous demand for this and 
      that document that he extortionately demands! Screw him!

      What is it about trying 
      to run a simple little public radio station that brings out the power and 
      attention starved crockpots to dog and harass its every move?!

      Keep up the good work, 
      you all, and remember; Illegitemis non carborundum.

      Best wishes, John 
      Arteaga

      From: Scott 
      Peterson [mailto:scottmartinpeterson at hotmail.com] 

Sent: Monday, May 30, 2016 11:01 
      PM
To: kzyxtalk at lists.mcn.org
Cc: dennisobrien at sharejerusalem.com; dougmck at gmail.com; memo at mcn.org; mkathrynmassey at gmail.com; ndevall at mcn.org; law at kafin.name; mcourtney1 at mcn.org; scamp1104 at comcast.net; thales1104 at comcast.net; bobp at airportclub.com; 
      ukiahguy at yahoo.com; 
      suspiry at gmail.com; johnarteaga110 at gmail.com; clay at visionguild.com; 
      bronzegold at gmail.com; janefutcher at me.com; nsi at mcn.org; themaj at pacific.net; friscobruce at gmail.com; udjkcm at ukiahdj.com; 
      Scott Peterson; drrichardlmiller at gmail.com; radio at mindbodyhealthpolitics.com; jim.sweeney at pressdemocrat.com; pgullixson at pressdemocrat.com; gm at kzyx.org; ldechter01 at gmail.com
Subject: Attn: 
      New KZYX Board Members

      Dear New KZYX Board 
      Members,

      In case you're 
      wondering how I got your email address .. I got it from a former KZYX 
      station manager who

      recently left over 
      'cronyism' and 'nastiness' at KZYX .. have you gotten his email? .. did 
      you ignore him? .. 

      Mr. Azarro, I've 
      never met you .. but I heard your assurance that MCPB would be acting in 
      harmony from 

      now on .. that was at 
      the Point Noyo board meeting .. where the police showed up to take someone 
      away 

      who wasn't 
      .. 

      Mr. Middlebrook .. 
      you sat at a table with me. along with Marco McLean and others .. after 
      assuring us that 

      KZYX would be more 
      transparent in the future .. after five years of Form 990s had been 
      cloaked in secrecy .. 

      by the executive 
      director of KZYX .. who reported to the board of directors .. yeah 
      .. 

      and Mr. Campbell. 
      I've sent many emails your way .. not one of them has gotten a response 
      .. 

      let me tell you a 
      powerful tale .. about the cost of not responding .. for individual 
      directors of a nonprofit 

      corporation thinking 
      they're immune from ignoring people like me .. 

      there's another 
      public broadcasting entity you may have heard of .. it was called MCTV .. 
      they had a board 

      of directors too .. 
      just like you .. and they ignored people too .. just like me .. and they 
      all got sued .. just like 

      you're about to be 
      sued .. by Mr. Dennis O'Brien .. for ignoring people like me 
      .. 

      the outcome of the 
      MCTV lawsuit is public knowledge .. each of those directors had to dig 
      into their individual 

      pockets to pay that 
      judgment off .. not because they'd done anything wrong .. but because 
      they'd ignored 

      people like me 
      .. 

      I know this may be 
      inconvenient for you .. and certainly unpopular .. but you might want to 
      check your bank 

      balance today .. or 
      that tin can buried in your back yard .. and see if ignoring people like 
      me is really worth it .. 

      while you're at it .. 
      do a simple background check on your fellow board members .. and employees 
      .. see if it 

      lines up with the 
      background listed on their resumes .. if you have one .. if not, you might 
      want to get one .. 

      a note on dishonest 
      associates .. they might not be able get that resume to you .. in fact, 
      they might even 

      ignore you .. like 
      you're doing .. it's easy enough .. right? .. 

      and about that 
      'indemnification' clause in your bylaws .. you might want to check the 
      date on them .. just for 

      laughs .. it's dated 
      July 12, 2010 .. then check the Form 990 for the same time period .. where 
      it says that no 

      changes had been made 
      to the governing documents at KZYX for that time period .. thereby 
      removing any so-

      called protection 
      you may have been relying on .. 

      while you're at it .. 
      you might want to check the bank balances of the people you've 
      been relying on .. or the tin 

      cans buried in their 
      back yards .. 

      and if you're getting 
      any legal advice, make sure you've got an agreement in place .. to bond 
      that advice .. yeah .. 

      attorneys carry 
      malpractice insurance .. especially big shots like David Hopmann and 
      Eliane Hering .. and for any 

      legal advice, there's 
      something called a letter of opinion .. where you can get that advice 
      in writing .. 

      KZYX has been 
      running afoul of CPB rules for some time now .. after taking millions 
      of dollars in grant money from 

      them .. they're 
      entitled to recover that money .. all of it .. if you've been ignoring 
      them .. 

      sincerely,

      Scott M. 
      Peterson

      Mendocino

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