[Kzyxtalk] Fwd: KZYX Board Recruitment

Tue Mar 21 11:17:32 PDT 2017

I was reading this exchange between Ms Courtney and Mr Sakowicz.  In the
last Board meeting, and subsequent postings, Mr Scott Peterson has
identified the very things Mr Sakowicz was trying to draw attention to the
Board years ago.  In the material and exchanges since, it has been
demonstrated that Mr Coate and Ms Aigner withheld information from the
Board members, i.e. 990's; real debt; line of credit.

Where did the $15.000 go?  Defending Mr Coate/Ms Aigner's practice of
opacity with respect to the finances. Ms Courtney, please note this.  You
have it completely backwards.

Mary Massey
Mendo Coast

On Tue, Mar 21, 2017 at 10:53 AM, John Sakowicz <sako4 at comcast.net> wrote:

> *From: *"John Sakowicz" <sako4 at comcast.net>
> *To: *"Meg Courtney" <mcourtney1 at mcn.org>
> *Cc: *"Val Muchowski" <vjmuchowski at gmail.com>
> *Sent: *Tuesday, March 21, 2017 10:48:35 AM
> *Subject: *KZYX Board Recruitment
>
>
> Meg,
>
> I was marginalized as a Board director from 2013-2016. Ignored. The GM
> never initiated a telephone call to me nor returned a phone call. Not one
> single time in three years. Every attempt at "reasonable inquiry" made on
> my part, as required by law, was met with indifference. Silence. A
> stonewall. Hence, my informal complaint to the FCC.
>
> In truth, most of the issues contained in my informal FCC complaint should
> have been brought before the CPB, as they relate to policy, not operations.
>
> Because I don't want to file that complaint now with the CPB -- it will
> hurt the station during these uncertain times of Trump threatening to
> defund the CPB-- I''m running for the Board. I hope to create change from
> within the station.
>
> A partial list of issues I raised when I was a Board director were as
> follows:
>
> 1.) inaccurate, inconsistent, and incomplete financials (annual report,
> audit, and tax returns);
> 2)  the misappropriation of $10,000 raised by members and stipulated for
> opening a Ukiah studio;
> 3.) the inappropriate and excessive 10 per cent raise that the GM gave
> himself, even as membership and underwriting revenues were falling;
> 4.) the frequent failure of aging broadcast equipment and cheap
> replacement parts (dead air, fuzz outs, and irritating, scratchy signals);
> 5.) the wrongful termination of respected newswoman, Christina Aanestad;
> 6.) the wrongful termination of popular radio show host and former Board
> director, Doug McKenty;
> 7.) the illegal absence of staff in the studio or office during business
> hours (the microphone was left unattended);
> 8.) the lack of a meaningful Program Advisory Committee and Community
> Advisory Board (as required, and not stacked with friends and family of the
> Board);
> 9.) the secret and off list communications between the Board and station
> management;
> 10.) the opposition by both the Board and management to a list serv that
> would allow members to organize and communicate with one another.
>
> This is a partial list, Meg. And all of the issues I raised are crucial to
> our ongoing viability as a truly public, community radio station.
>
> Regarding the station legal fees, all the station had to do was be
> compliant with the law and its own policies.
>
> Regarding the the severance checks paid out to John Coate and Mary Aigner,
> how much exactly did we pay out? I understand that both checks were five
> figures.
>
> And why did we pay severance? Why didn't we have a policy on staff
> accruing unlimited vacation and sick time?
>
> John
>
>
>
>
>
>
>
> MCPB has no interest in Board directors
>
> ------------------------------
> *From: *"Meg Courtney" <mcourtney1 at mcn.org>
> *To: *"John Sakowicz" <sako4 at comcast.net>
> *Cc: *"Val Muchowski" <vjmuchowski at gmail.com>
> *Sent: *Monday, March 20, 2017 10:45:29 PM
> *Subject: *Re: KZYX Board Recruitment
>
> John,
>
> To answer your question: You seem to forget that among the many things you
> did that were harmful to the station, plus being of no help as a board
> member, was that you went to the FCC to try to rescind our license.
> That cost the station upwards of $15,000 in legal fees to deal with your
> spurious claim.
>
> Meg
>
>
> On Mar 18, 2017, at 1:59 PM, John Sakowicz wrote:
>
> Meg,
>
> Why pick on me? Didn't Coate and Aigner each cost KZYX many thousands of
> dollars in severance pay?
>
> A totally unnecessary -- and unanticipated, unbudgeted -- cost?
>
> Because the station had no policy on accrued vacation and sick time, Coate
> and Aigner each racked up a huge accrual that KZYX had to pay out in
> hard-earned dollars -- most of the severance, I'm guessing, was paid out in
> listener dollars from Pledge Drives, although Coate's and Aigner's avarice
> and KZYX's lack of policy never got mentioned during Pledge Drives.
>
> KZYX had no policy on vacation and sick time accruals, and,thus, the
> liability was, in theory, limited only by Coate's eight years of employment
> and Aigner's 20-plus years of employment. That's was a lot of money.
> Severance was a huge payday for both Coate and Aigner.
>
> Meanwhile, whatever legal defense I cost KZYX could have been easily
> avoided by the station, if it had been compliant with FCC regulations.
>
> Now, I fear, KZYX will soon be defending itself again with the IRS over
> its fraudulent Form 990s.
>
> The CPB can't be far behind in an audit of KZYX.
>
> So here's my advice to Ms. Muchowski or anybody else contemplating a KZYX
> Board seat: Given KZYX's lack of real accounting and audit standards, given
> its fraudulent IRS Form 990 tax returns, and given its indebtedness to NPR,
> the CA Department of Forestry, American Radio International, Pacifica and
> others, and given its unpaid balance on the station's letter of credit at
> the Mendocino Savings Bank, any new Board Director at KZYX should have
> cause for worry.
>
> Real cause for worry.
>
> A nonprofit's directors are usually -- but not always -- protected from
> personal liability for lawsuits against the nonprofit. In California, once
> an organization is incorporated, its directors or trustees, officers,
> employees, and members usually won't be on the hook personally for the
> nonprofit's debts or liabilities. That includes unpaid organizational debts
> and unsatisfied court judgments against the nonprofit.
>
> Exceptions to the Limited Liability Rule
>
> In a few situations, people involved with a nonprofit corporation can be
> held personally liable for its debts. A director or officer of a nonprofit
> corporation can be held personally liable if he or she:
> 1. personally and directly injures someone
> 2. personally guarantees a bank loan or a business debt on which the
> corporation defaults
> 3. fails to ensure that the nonprofit deposits taxes (such as payroll and
> property taxes) or files necessary tax returns
> 4. does something intentionally fraudulent, illegal, or clearly
> wrong-headed that causes harm, or
> 5. co-mingles nonprofit and personal funds.
>
>  Cheers,
>
> John Sakowicz
>
> ------------------------------
> *From: *"Val Muchowski" <vjmuchowski at gmail.com>
> *To: *"Meg Courtney" <meg at megcourtney.com>
> *Sent: *Saturday, March 18, 2017 9:45:14 AM
> *Subject: *KZYX Board
>
> Dear Val,
>
> KZYX is in a bit of trouble and I'm turning to you for HELP.  KZYX has 9
> board member seats. As you are aware we are having an election for 3 seats
> - dist. 3 & dist 4. and an at large seat. The 2 districts are unopposed but
> one of the candidates just let us know she will NOT be running (health
> reasons)  so that seat will be open  Meanwhile Benj Thomas (from Ukiah) has
> just stepped down, and furthermore there is another sitting board member
> who would like to step down if we find someone to fill that seat. So, as
> you can see this now leaves us with *3 open seats* on the board.  NOT
> GOOD!
>
> Was talking to Rachel Binah today and she reminded me that you are the
> PERFECT person to ask about this. *Here is an opportunity to get some
> women on a board!*  At this point we can't have another election but we
> CAN APPOINT people. Appointees do NOT need to come from any particular
> district so this makes it easy. No campaigning, but of course they would
> need some kind of BIO. We will be holding an Orientation for new Board
> Members on APRIL 15 in Ukiah - pretty much an all day affair - but
> important.
>
> Can you help with this?  Send out the word?  Encourage folks to join up?
> Please forward my email if there are any questions about KZYX that I can
> answer.
>
> Meanwhile please vote for Jenness Hartley.  She is an incumbent & has been
> good for the station. Sakowicz is a nightmare; he has cost the station
> thousands of dollars in legal fees.
>
> Hope we can conjure up some good sturdy woman who want to help our great
> little community radio!
>
> Thanks,
> Meg
>
>
>
>
>
>
>
>
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