[Kzyxtalk] Self-dealing Bylaws

Scott Peterson scottmartinpeterson at hotmail.com
Tue Jun 21 19:46:00 PDT 2016




Dear Ms. Courtney,

Thank you for finally complying with member demands to make MCPB's

bylaw amendments from 1990 public. It's now clear -- at least to me --

why they've been hidden from the public for all these years.

Under Article III, Section d) of the document purporting to be Amended

By-laws from 1990, the following assurance can be found: "The 

corporation will not engage in any act of self-dealing as defined in 

Section 4941(d) of the Internal Revenue Code of 1954 or corresponding

provisions of any later federal tax laws."

In an Amendment dated July 10, 2010, that Section was completely

written out. You can see that Amendment on your website here:

http://www.kzyx.org/images/pdf/MCPBBYLAWSAdopted12July2010.pdf

Under your administration, MCPB has engaged in self-dealing. By giving

valuable air time to officers and family members. Starting with your

'partner' -- Bob Bushansky. Early this year, Mr. Bushansky began airing

a program on right-wing politics titled, 'Politics -- A Love Story'. Every

other Friday. 

At the same time, your fellow officer Stuart Campbell got his own show.

'Consider This' -- a program on philosophy and religion. Also every other

Friday. 

While another fellow officer Jane Futcher got her own show. 'The 

Cannabis Hour' -- a program about cultivating and trafficking illegal

marijuana.

These shows amount to two hours of air time per week. And have gone

on for twenty-five weeks. For a grand total of fifty hours of air time.

Each one of them precious and irreplaceable. And come at a cost well

known to MCPB. $73.00 an hour. That's the 'burn rate' MCPB reported 

in 2009. Bringing MCPB's self-dealing total to $3,650.00. For six months.

The self-dealing hasn't helped MCPB. Not at all. Look at the Form 990s.

The ones that MCPB has been hiding for the past seven years. You can

see them here:

http://nccsweb.urban.org/communityplatform/nccs/organization/profile/id/680050440/popup/1

Your response to Dennis O'Brien is absurd, Ms. Courtney. Your position -- 

as I understand it -- is that MCPB has been violating Federal law for

decades. And has never been challenged. Thus is protected by law

like the 'Statute of Limitations' and 'Laches'. This is absurd.

Federal law supersedes by-laws. Period. Especially when they've been 

hidden. Doubly so when they involve self-dealing.

Nonetheless, thanks for quoting the statutes for filing civil actions

based on what you've admitted in your letter. The clock starts now.

Sincerely,

Scott M. Peterson

Mendocino

cc:    (MCPB Board Members)

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