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KPFA Local Station Board Meeting minutes April 17th, 2004: Special Session

Minutes
Special Session of the KPFA Local Station Board
April 17, 2004 at 10:30 am
at the Berkeley Friends Meeting House

Present: Willie Thompson, Annie Hallatt, Steve Conley, Ted Friedman, Lisa Rothman, Max Pringle, William Walker, Marnie Tattersall, Michael Lubin, Sepideh Khosrowjah, Riva Enteen, Bonnie Simmons, Sarv Randhawa, Mark Hernandez, Debbie Speer, LaVarn Williams, Willie Ratcliff, Mary Berg, Gerald Sanders, Max Blanchet, Jane Jackson, Carol Spooner, Howard Beeman

Late Arrival: Fadi Saba (noon)

Absent: Miguel Molina

Annie Hallatt provided opening statements with a breathing exercise.

I. Introductory Remarks

Riva Enteen (Chair): We need to respect each other here even through our disagreements.
The times on the agenda are only for guidance. The public comment in particular may need to be extended based on the number of people who are signed up to speak.

Motion: Every public comment shall be allotted 3 minutes.
20 in favor, 1 opposed. Motion passes.

Motion: to defer all action items until the next regular meeting.
9 in favor, 12 opposed. Motion fails.

Motion: to allow the public comment period to become the first agenda item.
3 in favor, 18 opposed. Motion fails.

Motion: to approve the agenda.
10 in favor. 1 opposed. Motion passes.

II. Report from LSB Reps to the Program Council

Steve Conley: Thank you to all of the listeners who have come today. Thank you also to all of the previous PC members. It is indeed a thankless job. [Steve read the statement prepared by Carol Spooner and himself. See handout packet for text.]

Motion to receive this report as a part of the Public Record.
Motion passes unanimously.

III. Report from Jim Bennett

I have some big picture concerns regarding the leadership of the network. I would call it growing pains. The management needs to have input into all programming decisions at KPFA. We are guessing what our listeners want without really asking them. The March 9th deadline for the morning changes was impossible to meet. NPR recently made a decision to remove one of their Morning Show anchors with 2 months notice. They told their listeners that they wanted to know what they thought but that it would not change the decision. The change was not popular with their listener-ship. We need to be better than that. We have to measure the listener’s feelings about the change. This is a significant change. We also need to measure the actual financial impact. We should ask Subscriptions staff what they think the impact would be and if we would have enough phone volunteers at 7am. I have no problem with the decision but with the implementation of the decision. The date was set in my absence. I think the change could be implemented on a timetable of 3-6 months.

IV. Statement from Vic Bedoian

Vic Bedoian’s statement was read by Debbie Speer. Vic Bedoian is Executive Director of the Fresno Free College Foundation which holds the license for KFCF 88.1 FM, Fresno, CA. The text as follows:

Programming decisions at community radio stations are inherently difficult and sometimes painful. In making programming decisions, it is critically important to consider the full range of impacts that those decisions will have. How will the decision affect subscribers and listeners? What will be the impact on staff time and workload? What research has been done to justify the addition of new program, time changes of current programs, or removing programs? How to evaluate a program to be replaced, or a new addition, is not straightforward, there is no formula, and every radio station must create a process that works for its particular situation.

KFCF and KPFA clearly have different ways of making program decisions, although we are closely tied together. At KFCF, adding a new program to the schedule necessarily means eliminating a KPFA program. Conversely, if KPFA adds or moves programs, it potentially has an impact on KFCF local programming. Both decisions must be made with great care and due diligence. At KFCF, as at many community radio stations, the program director is empowered to make day-to-day decisions about special programs, review current programs, evaluate proposals for new programs and make recommendations to the Board of Directors. The program director also has the authority to make on-the-spot decisions about preemptions or crises that may arise. The democratic structure now in place at KPFA and Pacifica incorporates input from listeners, paid and unpaid staff and management in decision making. That is an important and hard-won accomplishment. Collective decisions are critical in establishing priorities, setting goals and shaping the future. Equally important is the ability, and flexibility, of designated staff and management to do their work. At best there must be a collaborative and collegial process to make certain that listeners are well served, and that the staff has the resources available to carry out decisions. Whatever the process, it is crucial that the staff and management of the station have the right to review decisions regarding potential financial and legal impacts, as well as the impacts on staff. We at KFCF hope that the programming decisions made by the KPFA Local Station Board and the Program Council fully take into account our situation and our listeners.

Motion: to begin public comment period by reading other prepared statements.
18 in favor, 3 opposed. Motion passes.

V. Public Comment Period

(Public comments are no longer included in the official minutes.)

Break at 2:15. Meeting reconvened at 2:45.

VI. LSB Deliberation Period

Carol Spooner introduces a motion.

“Resolved that:
Whereas, it is the duty of the KPFA LSB: “To work with station management to ensure 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, and that station policies and procedures for making programming decisions and for program evaluation are working in a fair, collaborative and respectful manner to provide quality programming.” Bylaws, Article Seven, Section 3.G.
Therefore, the KPFA LSB adopts and approves the programming decision-making policy and procedure agreed upon by the KPFA management and Program Council at their retreat on November 18, 2003, specifically:
That programming decisions at KPFA shall be made by the majority vote of the Program Council, pursuant to the Program Council quorum rules that a majority of the Program Council members are present, and that at least one representative each from the paid staff, unpaid staff, LSB listener members, and community representatives (appointed by the LSB) is present at the meeting.
Further, the LSB adopts the following policy: The General Manager may override a programming decision made by the Program Council in the following cases: (1) legal issues that pose a threat to the broadcast license, (2) personnel issues where the programming decision conflicts with a disciplinary action taken by the GM, (3) violations of the KPFA union contract, and (4) where the GM believes the decision would cause serious financial harm to the station.
If the General Manager overrides a programming decision made by the Program Council, the Program Council may appeal to the LSB to override the General Manager.”

Carol Spooner: I have served on the Program Council for about a year now. We have made many decisions. The department heads are members. The unpaid staff will be electing their representatives (4) soon. The LSB will choose LSB reps and community reps. We have operated by majority vote. I think, fundamentally, the Program Council takes its responsibilities seriously. It has been very disappointing to have the morning programming decision not be implemented. (The membership of the Program Council was listed.)

Fadi Saba: I second the motion.

Howard Beeman: I support the motion.

Max Blanchet: I support the motion and feels it is very important to address the issue of sharing power.

Gerald Sanders: I was disappointed to see young people being used in the name of a policy the does not suit them. If you are getting paid on a job, you are in a different position than the listeners. I was elected by people who wanted to see change at the station. This is a vote that says “To be or not to be” to the LSB. This talk about process is revolting. The listeners have already weighed in and want this change.

Mary Berg: This motion does not address the time change but the powers of the Program Council. I do not support this motion. The Program Council is not under the jurisdiction of the Board. I don’t think this board should be getting into these issues. We have a lot of other work to do. If the decision was capable of being implemented, it would have been.

Debbie Speer: I have been split on this. The fund raising issue should not be the deciding factor. I think the majority in Fresno would support this time change. We need adequate notice from the Program Council about programming changes. KFCF has never been included in Program Council, so neither are our listeners.

Mark Hernandez: I support the spirit of this motion but I cannot support the motion itself. We have never had input over the structure of the Program Council. We are being asked to rubber stamp something that happened in a secret retreat in November. This isn’t democratic, it never was. It needs to be torn down and built back up.

Sarv Randhawa: My concern is regarding governance and management. There’s going to be a constant battle between the LSB and those that do the actual work. We are entrusted with protecting the station, which is completely different from acting on our own agenda campaigns. The Program Council structure is not a good one. Any small clique of people can get 50% +1 vote and the management has no control over it.

Bonnie Simmons: Collaborative, respectful and fair. These words would not be bandied around so much if people felt this Council was behaving properly. I ask you to think about what the term implementation means. The way that we are going about this does not respect the people who have to buy in to the decisions and do the actual work.

Mark Hernandez: If we do not adopt this motion, programming decisions will be in the hands of one person. The Program Council is not perfect but there is nothing else in place. It is the duty of the station board to work with management to make good radio. This is what we signed up for as Board members and if we don’t step up to the challenge, no one will.

Sepideh Khosrowjah: Have we forgotten 1999? Do we want one person making decisions? This decision took a long time to be made. What is the meaning of “Whose station? Our station.” I want to be part of decision-making.

LaVarn Williams: We cannot allow this to happen. We are setting up a confrontation for our entire tenure as a board. Diversity exists on Program Council. I am angry. I support the Program Council.

Marnie Tattersall: I concede my time.

William Walker: I feel this resolution is reactionary. I took notes for Program Council for several months. A lot of decisions that are made don’t go through the auspices of the PC due to fighting and the inability to prioritize business. The documents that govern PC need to be revised. A lot of the work is not happening because there is no programming staff. If you look at the numbers, you will see it is not truly democratic.

Max Pringle: I’ve seen no compelling evidence that we as an LSB have the ability to make this decision. I do not support the time shift. I support local programming to be on during drive time. We are in competition with other stations. There has been no scientific survey conducted of listener response. How would you like to fly on an airline where the passengers take over the airplane? This is the kind of power grab that is all too common on the left by a small group of self-appointed guardians of the station with too much time on their hands.

Lisa Rothman: I feel overwhelmed by all of the information. I feel everyone has spoken their hearts here today. I am going to oppose this motion. Jim does want to implement this decision in a way that he sees fit. I think the GM should be empowered to make decisions in a way that he or she sees fit. Our Development Director has stated that thousands of dollars of money are at stake here. I would ask you all to look at his report. We have a wonderful opportunity to make a true, concerted effort to draft a comprehensive survey.

Ted Friedman: I’m not familiar with the internal workings of the Program Council but it is the best group we have to make decisions. This is not the LSB making decisions and micro-managing, it is merely the LSB supporting the Council.

Steve Conley: There have been a lot of valid statements made today. Our retreat was not a “secret meeting.” It was an opportunity to discuss the direction of the station and to be visionary. Your various representatives should have been regularly informing you of what was happening at these meetings. That means that the staff reps should have told the staff what was going on. We need to be able to make decisions or someone else will.

Annie Hallett: I feel like this is an old battle. We cannot proceed. This Program Council has failed. It created division between staff and listeners and the management. I feel like this is a trap. We do need to talk to each other. The rude comments need to stop. Let’s regroup and look at our style and our tactics. We can have dissention but we don’t need to tear each other to pieces. I would strongly urge you to reject this course of action. Remember inclusion, process.

Willie Ratcliff: You ever been caught in the woods without a map? I agree with the change but we are not prepared to do this right now. I don’t like the power plays that are going on right now. It’s not good for any of us. We need to be ready to implement changes before jumping in. Nobody is even sure how many people are on the Program Council. We all need to work together. I cannot support this.

Willie Thompson: I have the highest regard for all of you. There might be some concern about democratizing the station’s administration. There has been no complaint or concern expressed about the station being led dictatorially. So, where is this all coming from? We don’t want to micromanage. I hope this motion is fails but that rational dialogue is continued.

Riva Enteen: I support the resolution. I feel the Program Council structure is democratic. We need to ensure that good decisions are made and we have the authority to do so. I think we need to work with the Program Council.

Motion: to end debate and call the question.

Mark Hernandez: It is premature to call the question. We have not had any debate.
We’ve just been listening to people talking.

8 in favor, 13 opposed. Debate continues.

Sepideh: I would like to hear from Debbie what she would like to add to this motion.

Debbie: I would like to propose an amendment. At the end of the 3rd paragraph I would like to add, “and in timely consultation with KFCF and other Associate Station management, which shall have access to the Program Council, access to all relevant information and input on any programming proposals that impact KFCF or other Associate Stations and their listeners.”

Motion to call the question.
11 in favor. 8 opposed. Not 2/3. Debate continues.

Willie Thompson: I am concerned about the bias of the Chair. Now, we are getting into an area where we will be mired down. I am going to have to leave here. I am not feeling productive and I am tired. This is the worst kind of thing that could happen for our tenure.

William Walker: I move that we adjourn the meeting.

Motion: to adjourn.
6 in favor, 14 opposed. Meeting continues.

Fadi Saba: I support Debbie’s amendment.

Vote to pass the amendment.
18 in favor, none opposed. Amendment passes.

Sarv Randhawa: I would like to amend the main motion as follows: to add the specific language from the retreat on Nov.18, 2003 regarding the adoption and approval of programming decision-making policy and procedures.

Call the question to vote on the amendment:
16 in favor, 2 opposed. Debate ends.

Vote to pass the amendment.
15 in favor, 2 opposed. Amendment passes.

Sarv Randhawa: I would like to amend the main motion as follows: “The programming decisions facing the KPFA Program Council shall be made by requiring the affirmative votes of 2 members of each constituency in order to promote inclusiveness when making programming changes.”

Carol Spooner: I am opposed to this amendment. It contradicts what we just voted on.

Ted Friedman: This amendment is unnecessarily complicated and is micro-managing.

Lisa Rothman: I want to endorse this amendment. There was no staff support for the programming changes. This is clearly in our bylaws, it is clearly our mandate.

Max Pringle: I echo Sarv and Lisa.

William Walker: I support this as well.

Gerald Sanders: I am against this process.

Mary Berg: Sarv has every right to make this amendment.

Bonnie Simmons: I understand where Sarv is going with this and I think it makes real sense. This makes it all more collaborative. Historically, it can go astray and that is what we are all fighting today.

William Walker: If we don’t accept this than what we fear could come to pass.

Michael Lubin: I oppose this amendment as being a filibuster and I call the question.

Willie Thompson: I support this amendment. It sends a message to the Program Council that we are concerned about democracy.

Vote to pass the amendment:
12 in favor, 10 opposed. Amendment passes.

Here is the role call break-down:

Howard Beeman yes
Mary Berg yes
Max Blanchet no
Steve Conley no
Ted Friedman no
Ann Hallatt yes
Mark Hernandez yes
Sepideh Khosrowjah no
Michael Lubin no
Max Pringle yes
Sarv Randhawa yes
Willie Ratcliff yes
Lisa Rothman yes
Fadi Saba no
Gerald Sanders no
Bonnie Simmons yes
Carol Spooner no
Marnie Tattersall yes
Willie Thompson yes
William Walker yes
LaVarn Williams no
Debbie Speer no

The Main motion, as amended:

"Resolved that:
Whereas, it is the duty of the KPFA LSB: To work with station management to ensure 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, and that station policies and procedures for making programming decisions and for program evaluation are working in a fair, collaborative and respectful manner to provide quality programming.@ Bylaws, Article Seven, Section 3.G.

Therefore, the KPFA LSB adopts and approves the programming decision-making policy and procedure agreed upon by the KPFA management and Program Council at their retreat on November 18, 2003, specifically:

We affirm the power of the Program Council to make programming decisions by majority vote, and to affirm the composition of the program council to include as voting members, management (programming and development), department heads (music, drama and literature, training, news, and future public affairs), unpaid staff (4 plus 2 alternates), and Local Advisory Board, which elects 3, and appoints 3 community representatives, provided however, that every programming decision shall be made by requiring the affirmative votes of 2 members of each constituency (at least two affirmative votes each from the management/paid staff reps, the unpaid staff reps, the LSB, and the Community reps) in order to promote inclusiveness when making programming changes and in timely consultation with KFCF and other Associate Station management, which shall have access to the Program Council, access to all relevant information and input on any programming proposals that impact KFCF or other Associate Stations and their listeners.

Further, the LSB adopts the following policy: The General Manager may override a programming decision made by the Program Council in the following cases: (1) legal issues that pose a threat to the broadcast license, (2) personnel issues where the programming decision conflicts with a disciplinary action taken by the GM, (3) violations of the KPFA union contract, and (4) where the GM believes the decision would cause serious financial harm to the station.

If the General Manager overrides a programming decision made by the Program
Council, the Program Council may appeal to the LSB to override the General
Manager."

Motion: to adjourn.
14 in favor, 3 opposed. Meeting adjourned at 4:40pm.

No vote was taken on the main motion.

Ted Friedman Secretary

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