All happening about ; within KPFK of interest and discussed here. There are No Other websites that are Commenting, Questioning Our Radio Station, Join US here in creating TRANSPARENCY a reporting place.** added Aug 7, 2018:This has been our COLLECTIVE effort. To date- are no other KPFK blogs, or informed sources than this 1 ! NOW = THIS BLOG HAS BEEN STOPPED! enough done. whatever happens – still no transparency there. we can do no more than stop. now. bye !! (c) photosbyalexandria.com
“All Members shall
have all rights granted to them by law or by these Bylaws, including without
limit the right to vote… on the sale, exchange, transfer or disposition of all
or substantially all of the Foundation's assets; on the sale, exchange,
transfer or disposition of any of the Foundation's broadcast licenses; on any
merger, its principal terms and any amendment of its principal terms; on any
election to dissolve the Foundation."
Below this are comments made to question and wonder about what was written as emails between the new interim Executive Director of Pacifica = Tom Livingston ...and a KPFK [prior] LSB member & financial committee chair.
The intention here is to open up what is being said and what is not - and to QUESTION further what assumptions are made or left unsaid, that are not openly admitted...yet.
Our comments, questions are
in red or blue, the quotes in black.
“That means using a sale or swap of a radio license as
possible means of paying back the loan is outside of the scope of the PNB to
promise and, without being a lawyer, appears illegal.
"The public looks forward
to seeing the documents to see exactly what is promised to pay back the loan,
“Pacifca's rules are used to keep certain people in power”
Really ? like
whom ? those self-nominated to PNB from ea local LSB or selected by their own
allies to a higher position of POWER…
The only one known to m0st donors, other than a
shifting around name of an INTERIM exe. director that is heard from in press
releases or an occasional letter to long-timers group emails ?
Those in power seem to deny this prize or don’t
shine a light on how it is used, other than in PNB meetings that are then
secreted somewhere at Pacifica HQ ?
“CA state law requires Pacifica have an audit committee. (There is
one but is non-functional.)”
what & where are they and who are they ?
Most people have never heard of this group and
what they do or who they report to ?
Why is this a new bit of info now suddenly
appearing – surprisingly ?
"Tom Livingston [current i? ED] said in a public email, “The decision to seek a loan to address the
[-that court-ordered Pacifica Radio
Fdtn is to pay-the-bills - for what is now the Yuge debt = to being paid – by
loans, mortgages, & the indebtedness of all radio stations - instead of the
one locale @ WBAI, whose leasing was the problem then &there, only… ]...was made prior to the
start of my time at Pacifica. "
"All of the policy decisions regarding the
agreements were made by the PNB.”
[still another interim ?] Exe Director’s words indicate that this Director
person – [as we read: he was just recently hired for $10,000/mo pay + fees for
extra work too ]is also now dis-claiming
his part of the financial agreements - in which he actively & recently
negotiated the results.
[a note of hope, maybe, by google images]
thus he is claiming at least he is not responsible ! …for the extreme
$$$$ amounts that everyone else is & will be paying for many years = for that
disastrous ESRT lease fiasco .
That was the one was
agreed to & signed by some dumb or ignorant people who were then in POWER
& are still not named now? so no one is accountable? still now ?
refers to indicating that “ was not my
to the high-priced long-lease that was and became an enormous burden
on ‘everyone else’ ….
who thought they were paying just to keep their own
local Pacifica radio station on-air. Not so.
beware of being mis-informed or lied to ? Your Payments made are not going to
what is announced on air or you were told, or thought .
said in a public email, “I believe I speak for the board that it is the strong hope that by improving
Pacifica's programming and operating practices the organization can generate sufficient
resources to be both sustainable and service the debt.”
[hope as seen by google images]
words emphasized above – as "HOPES" are not realities, actualities, plans or more
than mere fantasy wishes and imaginings.
Often held so asto
have something positive in thoughts at least, if not able to have in real life.
wish/hope that there would be “improving” in programming & operating
practices is vague enough to sound like a confirmation, when words are used to
mislead and say nothing specific enough to grab on to.
How and who would have
the power and abilities to do that “improving” may not be the iED himself, alone or even with PNB in their shown divisiveness.
the PNB - that before did not do their own job of “improving” the whole $$$$itutation that has arisen, that is
apparently still causing the org's failing, falling, self- destructing – even all the while
“Hoping," with the much wishing and talking and writing.
no one in Power-positions or with authority to Improve & make changes maybe not be DOING, nor Acting, nor
seeking other professionals, nor hiring experts …
or even, finally, cleaning out those regulars, always same ones there,
who are treading in place – staff & programmers- stuck in muddied swamps
signed a $3.7 million loan, with all of Pacifica’s real estate assets, including
everything inside the buildings, plus KPFK’s transmitter and the Pacifica Radio
Archives, both irreplaceable, only on a “strong hope” ?”
[green google image]
is more than a question but a confrontation and demand to explain how much was
put at stake and in danger to pacify those involved in that $$$ judgment for
Again, notice the “hope” word noted as not being the same
as: any plans of helpful actions being created - or even the actual Changing of
the Guards - change of the old same-people-recycling-&-revolving-thru-same-doors
at Pacifica – most repeatedly.
repeating their angry, factionalized versions of a social-image bias and extreme slants included too. No
one else but those who already agree with those political, societal views need
attend to Pacifica or join its crew… the one
sailing into ….oh no....... !
[google images pertinent to topic]
there ! only to find,yep, they Are in those quagmires, those dark bogs, the sticky
morasses & dank, dark holes
[financially too ] - & to be clogged up in where they already
are:stuck, in those stinky, immobilizing
places - as all had already feared - to be stuck - in there...and couldn't.....
We like to define and notice how words are used - often as pivoting points to divert and point-away.
Or words are used as if holding pretend-positions - to then make claims - that are more vague, unclear and not real.
Words used most often as diversions. Ways to avoid.
Ways to hide. Ways to distract. Ways to not tell truth.
Ways to not be open nor transparent.
Words are often stated as allusions, illusions, implications - but are not heard nor read as those words are actually defined in any reality or an honorable, reliable dictionary.
Words are the slick, slanting, shifty way so many businesses, corporations [yes, KPFK is a non-profit Corporation, still one of them] , politicians, religious speakers and many others use for their own purposes, designs.
And most of those utterances are intentionally not giving many if any actual facts - or information - but passing out rhetoric rants or "please-feel-good-from-these-words-and-reward-me" speeches or flatteries.
Qualifying word inserts are tricky too - such as "I think"..."we hope"..."maybe"..."probably"...we assume"...They said..."their attorney claims..." and so on & on...clever inserts to cover-up or shift what else is being said then.
OWCH ! words are like sharp knives that cut many ways and can be misused as weapons, as helpful tools, as stabbing weapons, as cutting up truths into slivers of mistrusting misleading sentences...and more.
An attorney and member of the
PNB tells us some things which can be dangerously wrong about the role of an
attorney with respect to a client, such
as Pacifica has been a client to resolve some some of it's HUGE debt thru WBAI's leasing with ESRT.
It was written elsewhere that
: “attorneys have an absolute duty to represent
the interests of their client.” -- But:
That is not really quite accurate, and in this case may be significantly wrong.
[KES cartoon - google]
Yes, attorneys, have an
absolute duty of loyalty to their client, and an absolute duty to give their client
the best possible advice they can, but it ends there. The Client makes the decision, not the
Attorneys on may often deserve
appropriate respect…. But advice is advice.
Everyone, including the PNB and all who are involved with Pacifica's chaotic finances should carefully consider that
advice, including the source offering it while remembering that it is an offer, not a command !
those who fear making the wrong decision want to believe
anything a professional says over their own understanding or judgement, passing on actual Responsibility for those decisions.
actual responsibility for the decision is the Client’s (there referring to the PNB). Those who sign documents representing their organization are the signatory ones = thus responsible for having that official position and job.
While the advisors are suppose to be know-it-all-RIGHT-only and offer the Correct-only position, information & advice.
Tho the ultra-high fees and monies paid to attorneys may give another mis-impression of their value and abilities, the client-PNB-Pacifica officials must remember that they are just trained, & maybe experienced in that field of law, advisers who everyone Hopes can be Trusted to Know. They sometimes do.
[google images],confirming" the POWER of attorneys"
Sometimes attorneys don't know enough but wont admit that either. Pride. Maybe getting the next contract, job, retainer, referral is connected too. Being praised. Proving to their colleagues that, 'of course ! they can Do This too.!' All these plus more factors are also not stated, but involved in whatever that advice that was given.
But the greatest error: it is most often assumed that: The
attorney’s job is to tell us whether or not we should sign something. (NOT TRUE. THE ATTORNEY’S JOB IS TO ADVISE
WHETHER TO SIGN SOMETHING.)
There has been considerable discussion around Pacifica, and KPFK as well, about the need to have more people
with organizational, legal, accounting, broadcasting competence on the
Even if a member brings the skills of a lawyer
and an experienced official to the PNB,
that is very good, but she cannot hide behind the presumed expert lawyers’ skirts.
Decisions have consequences and
board members must take The Responsibility and also explain clearly to their
constituency why any prior decision was [or was Not] the right one.
We – all the Pacifica stakeholders, investors, donors, activists, = all involved
in it’s sustenance have Not been hearing
the Full story at all. We consider ourselves as "members" tho the Pacifica By-laws may limit that membership further than those who pay up and volunteer and work hard to sustain and keep Pacifica going do.
lots there, also "There shall be two classes of members: (A) "Listener-Sponsor Members"
and (B) "Staff Members", who shall collectively be referred to as
"Listener-Sponsor Members" shall be any natural persons who within the
preceding 12-month period: (1) have contributed a minimum of $25 to any
Foundation radio station, or such minimum amount as the Board of
Directors may from time to time decide; or (2) have volunteered a
minimum of three (3) hours of service to any Foundation radio station.".... [emphasis here added is ours, not in bylaws ]
Most importantly- it is
realizing and remembering that attorneys are neither neutral, unbiased – they
are not in it altruistically or w/o any motives
of their own [be it a Win, pride, competitive advantage, prestige,or to prove something for any
number of reasons too ]….or attorneys are offering their ‘good’ or ‘best’
advice is also: for a gain or
advantage themselves or for someone else.
[David Coppertep cartoon]
Remember that attorneys are not all
equally competent, specialized or experienced in all fields of law, or
that they [want to be not always able, or often can] offer ONLY “GOOD”, expert, professional,
& also intelligent advice at all time. NOT.
It may even be advice that fits
1 category and maybe not all the others. Maybe.