Pacifica board moves to stop civil war Incumbents would quit and seat listener reps Originally published in Current, Dec. 3, 2001 By Mike Janssen The board of the Pacifica Foundation drafted a plan Nov. 18 [2001] to resign and empower a transitional board to fix the internal conflicts crippling the left-wing radio network. But the proposal had not won unanimous support from the board as Current went to press Friday. If enacted, the plan could place in new hands the balance of power that determines Pacifica's staffing, programming and philosophy. The plan does not end four lawsuits pending against Pacifica, which lawyers were working to settle in the weeks before the board meeting. The new transitional board would be charged with settling the lawsuits. The proposal, drafted at a tumultuous Nov. 16-18 board meeting, came with startling news of Pacifica's finances. The network has $300,000 in cash but owes more than $2 million in outstanding bills plus $1 million in unpaid legal fees. One vendor, the high-powered public relations firm Westhill Partners, has gone so far as to hire lawyers to collect the $230,000 it's owed, according to Pacifica board member Leslie Cagan. (Westhill declined to comment.) Pacifica is no longer using the firm. The financial crisis and other factors, including pending litigation, spurred Pacifica to take its first major step toward ending years of infighting. "These people want to get out of this thing," said Cagan of some of her board colleagues. "They made this mess, they want us to clean it up." Struggles over Pacifica's direction intensified two years ago when its board stopped letting local advisory boards (LABs) at its five stations fill some seats on the board. The move drew widespread criticism from fans, activists, staff and volunteers, and some, including Pacifica's own board members, sued to reverse the decision. Since then, a philosophical split has divided the board, with so-called dissident members supporting the reinstatement of LAB members, and the majority favoring the status quo. That division might now be disappearing. The board has proposed creating a new transitional board that would include five members appointed by the LABs. Each LAB would appoint one representative, and it couldn't be the LAB chair. Five members appointed by the current majority and five by the dissidents would round out the 15-member board. The new balance could transfer control of the network to the dissidents and their kindred spirits, activists seeking to democratize Pacifica's governance. Activists and dissident board members welcomed the proposal, but with reservations. Some of their demands, such as the immediate firing of most of the general managers at Pacifica's stations, went unanswered. Others note that the plan, though forceful, is fragile. It still needs support from the five board members who were not present to vote at last month's meeting. "The dissidents remain optimistic," said Cagan. "But we've been optimistic at other times, too." "I understand they're tired" What finally encouraged board members to set differences aside and unite behind the plan? One turning point arrived Nov. 17, when a settlement of the lawsuits against Pacifica suddenly collapsed. Before the meeting, lawyers for the network and its opponents were exchanging calls and refining settlement details. But two board members, Bertram Lee and John Murdock, announced they would not approve the settlement, which needed unanimous support to pass. Yet parts of it lived on. Lee, who had not read the settlement, unknowingly backed one of its key stipulations when he urged the entire board to resign. His suggestion won a standing ovation from the hundred or so activists who had traveled to Arlington, Va., to demand reform and chant, "Resign now! Resign now!" Chants, cheers, boos and hisses from the audience were not uncommon over the span of the raucous, bitter three-day meeting. The board had not met in person in over a year, and their critics were eager to show their mettle. They portrayed their cause as a struggle for a rare resource, which has put progressive politics on the air for 53 years. One visitor lent historical depth to the proceedings: David Moore, son of Pacifica founder Lew Hill, opened the microphone at a Friday night open session. "One of the jewels of the 20th century . . . is struggling to retain its luster," he said of the network, urging the board to use "peaceful means to find peace." Others used equally dramatic terms. "The course you are taking here is utterly morally endangering all of our lives," said New York activist Andrea Fishman. Contention has always followed Pacifica's board, but this time the activists seemed to be pushing their message through. "I understand that they're tired of this stuff," board member Lee said of the activists. He became one of the few speakers able to win silence from the crowd, though he had to threaten a fistfight, pound his briefcase on the table, and mention his poor health to get it. Only Amy Goodman, host of Pacifica's Democracy Now! and a heroic crusader for progressive politics in the eyes of her fans, commanded equal attention when she spoke. "We need a transfer of power this weekend," said one activist, and before long that seemed to be coming. "Let's get the issues out there," Murdock said, urging the board to address the activists' concerns. On the morning of the second day, board members retreated behind closed doors, where they spoke with unusual candor about the problems facing Pacifica. Dissident Tomas Moran grabbed a marker and, with help from his colleagues, started sketching a plan for a new board and bylaws. "I think [the majority] realized that, politically, their message wasn't being bought," Moran said. "They tried an expensive public relations firm, and they weren't getting anywhere. . . . I think they realized it was time to look for a negotiated solution." Defusing "hot" issues Hours later the board returned to the conference room with a first proposal. Spectators murmured "Wow!" when Moran announced the board would seat new LAB reps. But that would not be for six months. In the meantime, the transitional board would have five majority and five dissident members--creating a situation ripe for deadlock. Activists were outraged. One called the proposal "a slap in the face." After taking more heat, the board adjourned, leaving an audience that, though angry, seemed cheered that change was in the air. The board returned Sunday and proposed to resolve the 5-5 deadlock by adding five LAB-appointed members to the new board. The resulting 15-member board would be charged with fixing problems facing Pacifica (dubbed "hot" issues) that have become key focal points for activists. Under the plan, the board would work to: return Democracy Now!, Pacifica's flagship morning news show, to all network stations. Pacifica has refused to feed new episodes of the show since August, when host Amy Goodman and her staff stopped producing the show at WBAI, citing harassment from their co-workers, and moved uptown to a community TV studio. resolve the "freelancers' boycott." More than 40 freelance reporters who used to file for Pacifica Network News, the network's afternoon news show, have stopped in protest of network policies. conduct a full audit and review of Pacifica's fiscal year 2001 finances. hire a controller and a new executive director. Joanne Meredith, formerly Pacifica's development director, is filling in as interim executive director. review the performance of Utrice Leid, the controversial former g.m. of WBAI, who is now Pacifica's national program director. lift the systemwide gag rule against discussing internal matters on Pacifica's airwaves. set up a subcommittee to address the internal troubles at WBAI. settle the lawsuits. The proposal also said that the transitional board could not fire any employees out of hand, enter any new contracts, sell or lease a Pacifica station, or have an executive committee. While the transitional board starts work on these matters, the plan calls for LABs to dissolve and conduct new elections among listeners, staff and volunteers. The new LABs would then elect five directors to replace their previous appointees. The resulting new board, called the interim board, would have a year to revise Pacifica's bylaws and governance structure within, paving the way for the creation of a permanent board. The new LAB elections would follow the model of KPFA in Berkeley, which last fall seated LAB members with the first listener election in Pacifica history, according to KPFA Assistant General Manager Phil Osequeda. Before the election, the local board there was self-selecting. "I really hope that this model is adopted by the network as a whole and that we can have a democratic institution set up throughout the five stations," Osequeda said. No relief from boycott, lawsuits Pacifica Board chair Bob Farrell said he was elated about the new proposal. "What we saw on the weekend was a recognition by the members who were there that, to get to some common ground, we would have to step back from some of our personal views and feelings and make an active contribution to something that would work for all the other parties at the table," he said. Whoever ends up governing Pacifica will have a host of problems to handle, including the financial gap. Farrell said part of the problem is cashflow peaks and valleys between fundraisers. A peace pact could help revenue. A donor boycott called by the dissident Pacifica Campaign has helped create the fiscal shortfall, Farrell says. The campaign has expressed cautious support for the board's proposal, which campaign coordinator Juan Gonzales said "marks an important turning point in the history of our struggle." But he stopped short of lifting the boycott, asking listeners to hold tight until the transitional board is formed. Pacifica's legal opponents are also pressing ahead with depositions underway in California state court. Activists recognize that the policy shift might constitute a watershed moment in their battle. Yet they object to aspects of the proposal, including a rule that demands a two-thirds majority vote for all transitional board decisions. No one knows who the LABs would appoint to the board, so it's unclear how the board might vote on important policy decisions. Cagan calls the two-thirds rule "very problematic." "No one on the board was paying close attention when that was put on the table," she said, noting that it conflicts with Pacifica's current bylaws, which require a simple majority vote. "That might need to be reconsidered," she said.

Pacifica Board member Tomas Moran presents a plan to create a new board for the radio network. (Photo: John H. Riley.) Update Activists said they would continue their pressure campaign and legal proceedings to oust the board if it did not follow through with the plan adopted Nov. 18. For latest on activists' plans, see SavePacifica.net. Pacifica less often posts updates on its site.

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	Earlier news: Talks continued after mediation ended.

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