Tonight, on East 6th Street, a quorum of delegates met in a
Delegates' Assembly: 14 independent delegates (continuing
and newly elected). The 10 JUC delegates were absent. The
Assembly elected Carolyn Birden, Jamie Ross, and Steve
Brown as directors representing listeners and Kathy Davis
representing staff, to be sent to the PNB meeting in
Houston this weekend.
General Counsel Dan Siegel, in response to a request from
JUC-affiliated directors had said (in advance) that such a
meeting would be "improper".
Here are my comments on Siegel's "legal opinion":
Dan Siegel says tonight's assembly of WBAI delegates is
"improper"? He should know about what's "improper",
considering his long record of recommending and actually
doing improper things.
As usual, he obscures critical points:
SIEGEL: "...As soon as feasible after the certification,
the LSB or Delegates shall convene a meeting to hold
elections for Directors for the remainder of the term,
whose term shall begin immediately upon their election..."
The LSB has no jurisdiction over the Delegates' Assembly.
Accordingly, it is not the business of the LSB to convene a
meeting of delegates; it is the delegates who should
convene their own meeting.
SIEGEL: "...In compliance with the PNB resolution, on March
25, 2008, the WBAI LSB unanimously adopted a resolution
that states that if the Delegate election results were
certified by Wednesday, April 2 at 11:59 PM, then the
Delegate Assembly would be held on Thursday, April 3 to
elect PNB directors...The second part of the motion said
that if the election results were not certified by April 2,
the Delegates meeting for the PNB election would be held
after the Houston meeting, on April 23..."
Neither the LSB nor the PNB has authority to tell delegates
when they may or may not assemble.
SIEGEL: "...the Bylaws provide that there must be 10 days
notice for LSB meetings, unless its officers all agree on a
shorter period..."
The LSB and the LSB officers have nothing to do with this.
SIEGEL: "...the holding of a special meeting on three days'
notice is neither necessary nor allowable."
It is necessary to prevent illicit directors from
representing WBAI at the Houston meeting. It is allowable,
as an emergency meeting.
The legal expenses incurred so far in the WBAI elections
are largely attributable to improper actions of Dan Siegel.
Is he seeking now to add still further to them? Had he
not directed Dan Silverman to drag out legal proceedings as
long as possible, the election of delegates would have been
certified months ago. The emergency assembly of delegates
so near to the Houston PNB meeting is his responsibility
and it is outrageous that he would attempt block the WBAI
delegates' necessary effort to prevent his achieving by
default (continued seating of "friendly" directors from
WBAI) what he could not achieve legally.
BOTTOM LINE
Here's what neds to be repeated 100 times in Houston:
SIEGEL: "...As soon as feasible after the certification,
the LSB or Delegates shall convene a meeting to hold
elections for Directors for the remainder of the term,
whose term shall begin immediately upon their election..."
In Siegel's own words, the meeting should be convened "AS SOON AS
FEASIBLE AFTER THE CERTIFICATION".
(1) April 23rd is NOT "as soon as feasible after the certification"
(2) The LSB has no jurisdiction over the Delegates' Assembly.
Accordingly, it is not the business of the LSB to convene a
meeting of delegates; it is the delegates who should
convene their own meeting.
--Frank LeFever