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PACIFICA'S NEW DEMOCRACY: AN OVERVIEW

By David Greene
Pacifica National Elections Coordinator

July 2003

The December 2001 settlement of lawsuits against the former Pacifica Radio Board of Directors -- for “gross abuse” of authority and diverting Pacifica from its founding purposes of promoting peace and understanding among people of all races, creeds, and nations -- created an interim board which is required to revise Pacifica's bylaws.

Proposed new bylaws provide for Listener Sponsors to elect 18 "Delegates" and the non-management staff (paid and unpaid) to elect six "Delegates" to a Local Station Board (LSB) at each of the five Pacifica radio stations. The Delegates from each of Pacifica's five stations would each elect, from among the station’s Delegates, four Directors (for a total of 20) to serve on the Pacifica National Board (PNB). Two additional Directors will be chosen by the Board of Directors from nominees submitted by Pacifica Affiliate stations around the country.

The Delegates will also serve as a Local Station Board (LSB) with considerable authority and responsibilities, including approving the station budget, approving the hiring of a station General Manager and a Program Director, reviewing the station manager's and program director's performance annually, and ensuring that "station programming fulfills the purposes of the Foundation and is responsive to the diverse needs of the listeners (demographic) and communities (geographic) served by the station."

It is hoped that decentralized LSBs will provide more knowledgeable and accountable oversight of station management than the remote national board did in the past. However, all authority and legal responsibility for oversight of Pacifica management – and all five Pacifica radio stations – ultimately rests with the PNB, which may overrule an LSB if necessary.

In addition to reiterating the founding purposes of Pacifica, as written in the original Articles of Incorporation, the new bylaws state the following Principles: The Foundation is committed to peace and social justice, and seeks to involve in its governance and operations individuals committed to these principles.

Approval of the bylaws has been delayed by concerns that elections might not provide sufficient representation for traditionally under-represented groups. Some are advocating creation of special "Committees of Inclusion" to set diversity goals for each station based on signal area demographics. If an election fails to meet the goals, then the Committee of Inclusion could add up to five additional Delegates from the highest vote-getters among unelected candidates. Others believe this proposal undercuts democratic accountability and may be illegal.

Currently, the interim Pacifica National Board is split on this issue. The December 2001 legal settlement stipulated that bylaws must be approved by 2/3rds of the interim board and by majority vote of at least three of the five current station LABs. But 2/3rds of the interim board cannot reach on agreement on a new set of bylaws. Therefore, the matter is being referred back to the Alameda Superior Court judge who brokered the December 2001 settlement.

 

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