[Kzyxtalk] MCPB Meeting Minutes - Where Are They?‏

[Scott Peterson]

Dear Ms. Hartley,

Thanks very much for your response. I know this is a lot for you. And I

appreciate your time and attention.

Back in October of 2013, I discovered an unusual policy at MCPB. That 

Form 990s weren't being reviewed by the organization. And that

governing documents weren't being made available to the public. This

was stated -- as policy -- on three years worth of Form 990s. Under

penalty of perjury. So I reported it. You can see my letter in the AVA

here:

http://theava.com/archives/24569

I also reported this to MCPB's Board of Directors. Expecting that this

policy would either stop. Or that the Board of Directors would provide

a public explanation for it. My contact was John Sakowicz. He wasn't

aware of that policy. But seemed genuinely concerned. So I figured it 

was being handled.

Earlier this year, I found that it wasn't. And that more Form 990s had

been filed with the exact same policy. Furthermore, they showed that 

MCPB hadn't prepared any audited financial statements for the seven 

years in a row. 2008 through 2014. You can see for yourself here:

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

I brought this to Meg Courtney's attention in April. And asked her for an

explanation: "What's the reason for this policy?" The response I got was

bizarre. She told me there was no such policy. Contradicting five years

worth of Form 990s. Signed under penalty of perjury. By MCPB's

Executive Director, John Coate. He told me the same thing. Word for

word. So I attended the MCPB board meeting in May of this year. To

report what I'd found. To the entire board. Then in early June, I found

this response:

http://www.ukiahdailyjournal.com/opinion/20160602/kzyx-board-responds

It's an editorial with your name on it, Ms. Hartley. Saying that MCPB's

Form 990s are all fine. And so are the audited financial statements.

This was in response to an earlier editorial by Mr. Sakowicz. Reporting

my findings. And echoing my concerns. Which are legitimate. Here's 

what I believe happened to MCPB. And how:

MCPB trusted Mr. Coate to operate KZYX. Without any oversight at all.

Mr. Coate wasn't up to the task. So MCPB started bleeding cash. A lot

of it. Before Mr. Coate's arrival, MCPB's net assets were $350,000. And

the debt was ($40,000). That was obvious in Form 990s. So Mr. Coate

kept them to himself. Today, MCPB's net assets are $11,000. And the 

debt is ($80,000). So MCPB is running out of time.

MCPB's main grant maker is the Corporation for Public Broadcasting. 

They have a non-compliance policy. It prohibits what MCPB has been

doing. You can see that here:

http://www.cpb.org/files/stations/non-compliance/CPB-CSG-Non-compliance-Policy-Effective-January-1-2016.pdf

So after reading your editorial, I sent them a copy. Along with a link to

MCPB's Form 990s. The ones swearing that no audits had been done.

Under penalty of perjury. Along with links to six years of Annual 

Financial Reports (or AFRs). Reporting that audits had been done. You

can see those here:

http://www.kzyx.org/index.php/about-us/station-business/mcpb-bylaws-and-financial-statements

If I hadn't seen your name on that editorial, this never would've

happened. But now that it has, you can expect a visit from the CPB.

Along with more editorials.

Sincerely,

Scott M. Peterson

Mendocino

cc:    (MCPB Board Members)

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> Dear Mr. Peterson, Sorry for the delay in replying!  I was on vacation and have been very busy.  Yes, I am the secretary and yes I have been taking minutes officially since the Ft. Bragg board meeting that you attended.  I submit my minutes to the station to be posted, but the board has to approve them first.  The KZYX website has had many problems and posting minutes has been a big problem.  The board is actively looking into ways to fix the website.  Also, if you read the by-laws, executive committee minutes are not required to be made available to the public.  On a personal note, as a board member, I am trying to help find answers to listener questions.  The board has responded to most of your questions, but you still seem unsatisfied.  I do not know how to convince you that we are acting in good faith, even when we prove it to you using the by-laws or case law.  That said, please remember that the board is volunteering their time.  KZYX is run for the benefit of the community and the board has been committed to responding to listener concerns.  You obviously have a lot of passion for the station, and I wish that you and the station could find a way to work together.  I hope that I have answered your questions and look forward to finding a more productive way of working with you in the future. Sincerely,Jenness. On Sat, Jun 11, 2016 at 11:20 PM, Scott Peterson <scottmartinpeterson at hotmail.com> wrote:Dear Ms. Hartley,I got your email address from Mr. Raoul van Hall. A former MCPB employee who left over the 'nastiness' and 'cronyism' at KZYX. Atleast that's what he told me. He told me that your email is bronzegold (at) gmail.com. Is that correct?According to the KZYX website, you were appointed MCPB secretary on November 2, 2015:http://www.kzyx.org/index.php/current-board-membersBut according to the meeting minutes from that date, there was nomention of you being secretary:http://www.kzyx.org/Board/11_2_15%20MINUTES%20OF%20KZYX%20BOARD%20OF%20DIRECTORS.pdfWere you appointed secretary at another board meeting? If so,please be kind enough to post those meeting minutes to the KZYXwebsite. If not, can you tell me who the secretary is?Have you read the MCPB Bylaws? It might be a good idea for you at this point in time. Especially since you've been identified at the MCPBsecretary. Here they are:http://media.kzyx.org/mp3/Policies/MCPB%20BYLAWS%20Adopted%2012%20July%201010.pdfAccording to page five, the secretary is supposed to keep minutes. Butaccording to the KZYX website, no minutes are available since you've been appointed secretary. You can see that here:http://www.kzyx.org/index.php/about-us/station-business/meeting-minutesI know there have been at least two board meetings since then. Heck, I even attended one of them. At Point Noyo in Fort Bragg. I'm sure youremember the garlic fries. I sure do! That was in May.There was an earlier MCPB board meeting in March. At the WillitsLibrary. I have a copy. And it says you were present. Unfortunatelythose meeting minutes have apparently been taken down from the KZYX website. But that's okay, you can find a cached copy here:http://webcache.googleusercontent.com/search?q=cache:m8XJE2iPXrgJ:kzyx.org/index.php/tags/tag/western-world+&cd=1&hl=en&ct=clnk&gl=usThere's a quote from a lady named Ellen Saxe there. She's from the CAB. And called 'pretty solid' by sources deep inside MCPB. Here's what she had to say in that meeting -- in case you don't remember:"The board should stop using a closed board list serve and confidential meetings." Ms. Hartley, if you're attending those meetings -- and I believeyou are -- then I believe you're responsible for taking minutes. Also for preserving them. And for making them available to the public. That is ifyou actually want to keep CPB funding. Have you seen their non-compliancepolicy? Here it is:http://www.cpb.org/files/stations/non-compliance/CPB-CSG-Non-compliance-Policy-Effective-January-1-2016.pdfYeah. It's under Item A, called 'Open Meetings'. Like it or not, the secretary is responsible for keeping all meeting minutes. And makingthem available to the public. i.e., 'Open Meetings'.Last but not least, you might consider some insurance. With somethingcalled a Letter of Opinion. Board members such as yourself can get such aletter from any attorney who consults with the board you're on. As I understand it, MCPB has been offered such consultation by Mr. DavidHopmann:http://kzyx.org/Board/MCPB%20Annual%20Report%20for%20Fiscal%20Year%202013.pdfMr. Hopmann is a very prestigious attorney. If he can't provide such a letter,perhaps he can direct you to someone who can. As I'm sure you can understand, following MCPB's meeting minutes are veryimportant to all of MCPB's members. As well as members of the public.Particularly if Mr./Ms. SM's information below is accurate.Sincerely,Scott M. PetersonMendocino- - - - - - - - - - - - - - - - - - - - - - - smmail (at) gotsky.com wrote>I just caught up on your latest addition to your conspiracy theory. What 
possible financial responsibility do you think that the volunteer 
directors of a non-profit corporation, and the corporation itself for 
that matter, have. You threaten suit, but you have to have a 
documentable financial loss to sue for compensation. Sue because you 
didn’t get the programming you wanted, now there is a laugh.

I also am unable to make heads nor tails of your statements regarding 
the 990 tax form or your comment about how the station has already 
released member contact information. They haven’t. Why not list a 
specific circumstance that you think is improper along with the law or 
regulation that you think it violates, and then explain what the 
complaint in your suit would specify? SM
 		 	   		  
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