[Kzyxtalk] Fwd: KZYX Board Recruitment
Scott Peterson
scottmartinpeterson at hotmail.com
Wed Mar 22 16:21:44 PDT 2017
Dear Ms. Courtney,
From what I've seen, there was plenty of harm done to MCPB while you served on its board of directors. Not by Mr. Sakowicz for what he allegedly did, but for what others failed to do as directors of the corporation. Namely to follow MCPB financial reporting policy. Especially you.
Instead of busying yourself with rubbish like Roberta's Rules, you should have read Section 2700 of the California Corporations Code:
http://codes.findlaw.com/ca/corporations-code/corp-sect-2700.html
(a) A director shall perform the duties of a director, including duties as a member of any committee of the board upon which the director may serve, in good faith, in a manner the director believes to be in the best interests of the flexible purpose corporation and its shareholders, and with that care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
I realize this section's a whole 460 words long, and doesn't have any colored pictures like Roberta's Rules, but you certainly should have read it before running for that position. But you didn't, did you?
Instead, you and others pulled the trigger on a pricey Washington D.C. lawyer. And 'upwards of $15,000 in legal fees' doesn't come close. The total on that bill came to $47,078 -- all of it paid from charitable assets that KZYX couldn't really afford. Because of your choice in reading material, Ms. Courtney. And Mr. Sakowicz was only one of _FIVE_ KZYX members to file that complaint.
Meeting Minutes, GM Reports and Form 990s for that time period support his contention, Ms. Courtney. That you and others denied Mr. Sakowicz -- MCPB's Treasurer at the time -- financial information he was absolutely entitled to under MCPB policy. Instead of reading that policy, you ignored that as well, Ms. Courtney. Instead, you hired an attorney to lie about the information that Mr. Sakowicz had been provided:
http://www.greenmac.com/hiddenAgenda/Issue13/FCC_KZYX_5-2014.pdf
'Open financial records: all of our audits are available on kzyx.org as are links to our tax returns. In addition I regularly report on our finances in my 'General Manager Report' that are viewable on kzyx.org going back to when I started.'
The person speaking here was John Coate, who'd started in 2008. As Stuart Campbell admitted at the last board meeting, Mr. Coate kept Form 990s away from the board of directors for six years running. During that time, KZYX lost over 75% of its net assets, along with 100% of its equipment value.
So Mr. Sakowicz did absolutely nothing that was 'harmful to the station', nor was his claim 'spurious' as you suggest. I'm hoping that you forward this email to Ms. Muchowski, but am doing it on my own just in case you haven't got the time or inclination to read it.
Sincerely,
Scott M. Peterson
Mendocino
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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
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