> --- In NewPacifica@xxxxxxxxxxxxxxx, evan davis <evan@> wrote: > > > > Ex-key-oooooze me?! > > Gary Null wants 5 hours of un-restricted air time in exchange for > > dropping his legal actions against Pacifica? Explain to me how that > > ISN'T what it looks like; blackmail. It looks to me like no more than restoration of what he was entitled to when he was summarily dismissed, turning back the clock to follow normal procedure. As I understand it, producers are to be given notice that they will be dismissed--is it perhaps one week's notice? (I'd have to research that to get the exact provisions, but certainly it is more than 24 hours' notice.) Presumably, had Null been given one-week's notice of intent to cancel his program, and if no new restrictions (i.e. censorship) were placed on what he could say, he would have been given what he has asked for in his suit. For those who do not know the history, let me point out that: (1) Null was silenced for a month on the grounds that he had made on-air statements supportive of one or more candidates for the LSB, a one-time event, and a rather brief one (2 or 3 minutes?); (2) Some thought this was excessive inasmuch as he was trying to refute things broadcast (the day before, I think) impugning the candidate or candidates he tried to defend, especially inasmuch as there was no penalty for the offense that triggered his fair-campaign violation. (3) Null was "assured" (dare I say "promised"?) that he could resume his regular broadcast schedule was soon as the election ended. (4) Instead, as SOON as the results were in, showing that the JUC had won a majority, Null was summarily dismissed. Immediately. That same day, I believe. Not surprisingly, a large group of listeners felt "dismissed" and followed Null elsewhere, taking what would have been their donations in subsequent fund drives with them. To the extent that this has contributed to the fiscal melt-down WBAI has moved inexorably towards, it's not unreasonable to say that (in effect) by arbitrarily and abruptly dismissing Null they (primarily Bernard White) laid off paid staff after a delay -- at least one or two of the staff who are scheduled to be laid off in the next few weeks or months. Some of them may have medical problems and no better health insurance than Bernard, but unlike Bernard, they are not beneficiaries of fund-raising events for their personal needs. --Frank LeFever --- In NewPacifica@xxxxxxxxxxxxxxx, "mitchelcohen2001" <mitchelcohen@...> wrote: > > --- In NewPacifica@xxxxxxxxxxxxxxx, evan davis <evan@> wrote: > > > > Ex-key-oooooze me?! > > Gary Null wants 5 hours of un-restricted air time in exchange for > > dropping his legal actions against Pacifica? Explain to me how that > > ISN'T what it looks like; blackmail. > > As I understand it, that's what the USOC "contract" says. Hey, _I_ didn't write or sign that > document. > > Pacifica's primary way of fighting Gary Null in court is to claim that the USOC contract is > not valid, that it hasn't been signed for 5 years, etc. But to do so would undermine their > other claims, one of which ordered the local management to treat the contract written by > Mimi Rosenberg as valid. (It's filled with all sorts of insanities.) > > Mitchel > > Besides; Null has barely concealed > > rage about him that, in the past, has erupted in to profanity. Just one > > (more) "fleeting" expletive from Null could plunge the network in to a > > much deeper financial peril. Or perhaps he'd use those 5 hoursto bash > > gay people and proclaim that AIDS is a consequence of their lifestyles ( > > a common thesis of Null's that I first heatrd on WBAI). > > > > You say that eliminating the Program Director position will save > > $80,000 in just 6 months?! If that is the case then how in the hell did > > the salary associated with that position get to be $160,000 a year?! > > Most non-commercial station managers don't even make that much - even > > the ones with actual talent! Maybe litigation could be brought by the > > PNB against its CFO and itself for gross malfeasance. > > I recall a fund raiser once in NYC that generated more than > > $10,000 - not to be shared among all the programmers unjustly fired at > > that time by Bessie Wash and crew, but all for just one individual who > > happened to own his own house at the time. Other activists fighting to > > reclaim Pacifica were sleeping on floors and working 'round the clock to > > save the network yet this individual was the fund raiser's sole > > beneficiary? Obscene! And to think that this person, as PD at WBAI now > > gets paid $160,000 a year? He's like Pacifica's own in-house Haliburton! > > Evan > > > > > > > > Mitchel Cohen wrote: > > > Dear Pacifica, > > > > > > Although the LSB has not yet seen the amended proposed budget for WBAI for 2008 > -2009, we have been told that it will include a reduction of funds for staff salaries, > equivalent to 6 or 6-1/2 Full-Time Equivalents. > > > > > > The LSB is expected to vote on this budget within the next few weeks. > > > > > > I and other LSB members have proposed a number of fundraising and cost-cutting > measures, but they have not been implemented by management, under directions of > Pacifica national. And so, the staff at WBAI are being told to accept the layoffs of 6 full > time personnel. > > > > > > Over the last few years, the CFO of Pacifica and the national board had imposed > ridiculously inflated budgets on WBAI, over the objections of the independent members of > the Local Station Board, including myself. These budgets were based both on false > information provided by the CFO and on the irresponsibilities of management, the > National Board, and the JUC majority that for those years ran the local board. Those > decisions -- and the people who made them (need we start naming names?) are > responsible for the fix we're in today. > > > > > > It is unfair that the paid staff at WBAI are now about to be forced to pay for the > recklessness of those who imposed those inflated budgets upon us -- especially since > other remedies to cut expenses and to raise funds have not been implemented. > > > > > > Let me list some of the alternatives here that I and others have proposed, which in my > opinion would remedy the immediate shortfall without the need to cut paid staff, and > begin to address the systemic or longterm situation as well: > > > > > > 1) Immediately reach out to Gary Null, Robert Knight, Mike Feder and other former > producers at WBAI, who were either arbitrarily fired or forced out, and return them to the > airwaves at WBAI. These producers were part of our community. When management fired > them -- and did so in such a cowardly and capricious manner -- several years ago, it tore > apart the heart of the listenership to WBAI. More than 9,000 *members* left the station > outright over the last 5 years (some new members joined to partially offset the vacuum > created). > > > > > > It is most important that the National Board and office understand that a large > number of listener-members felt personally betrayed by those firings, and the way they > were done -- every bit as much as many of us felt betrayed by the actions of Utrice Leid > and Bessie Wash 8 years ago, in what has become known as the "Christmas Coup" at WBAI. > Back then, Juan Gonzalez and others organized a financial boycott of WBAI that succeeded > in bringing the station to the edge of financial ruin unless fired staff and management > were returned to their jobs. This time around, there is no organized opposition; but > listeners and donors are nevertheless voting with their feet and with their wallets, refusing > to contribute the funds needed to sustain WBAI until Knight and Null are treated properly, > apologies made, and they are returned to the air. > > > > > > Please note that I am NOT claiming here that Gary Null, especially, will be the savior of > WBAI, riding in on a white horse, etc. I am talking about restoring the faith and good-spirit > -- the COMMUNITY -- of listeners, so that they feel that these sort of past reckless > actions will be ameliorated, and the healing process will not only be allowed to begin but > will be facilitated by management. When that happens, just like they did in 2003, listeners > will come pouring back with open credit cards, havig been made to feel welcome, made to > feel that their concerns are being listened to. > > > > > > This is the one issue that MUST be resolved if the station is to survive, let alone thrive. > To the extent that it goes unrepaired, no other funding mechanisms will matter, and the > station will sink. > > > > > > I have attempted to reach out, as LSB Chair, to learn from Gary Null and his lawyers > what will help to heal the damage. I am stunned that it is SO SIMPLE, and yet WBAI > management is so recalcitrant (on very bad advice from Dan Siegel, apparently) to redress > his grievance. All Gary Null is asking is to be allowed to do the five "goodbye" shows in his > old time slot on five consecutive days, as written in the USOC "contract," without > censorship. AND, for Pacifica to pay his legal fees of $59,000. That's it! We should GRAB > THIS OPPORTUNITY. > > > > > > Gary Null and WBAI had agreed to this arrangement (not the legal fees -- this was > before they were incurred) several years ago, but Pacifica's lawyers intervened at the last > minute and demanded that he sign what can only be considered a "censorship" clause, > stipulating out-of-the-blue what views he could and could not say on the air. Pacifica's > lawyers, in other words, scuttled the agreement. WHO AT PACIFICA NATIONAL WAS > RESPONSIBLE FOR DIRECTING THE LAWYERS TO TAKE THIS STANCE, OR DID THEY DO SO > ON THEIR OWN? If they did so on their own, they should be fired immediately. And so Gary > Null sued in court, and after Pacifica's lawyers elicited fines for not providing documents in > a timely fashion, and tens of thousands of dollars in legal fees -- paid for by listeners -- > Gary Null's case was thrown out on a technicality that, many believe, will be reversed > should this be appealed. > > > > > > As it stands right now, there is no legal action involved in Null's case, although there > may be very soon. I am urging Pacifica to use this short window to set matters right by > Gary Null and Robert Knight, and to direct Pacifica's lawyers to STAY OUT OF IT, and to > untie the hands of the new management at WBAI. > > > > > > As to Gary Null's demand that Pacifica pay his legal fees in this matter, Pacifica is > shelling out hundreds of thousands of dollars in all sorts of settlements of lawsuits. The > amount requested to go to Gary Null's lawyers in defending against management's actions > IS A PITTANCE, comparatively, to the other lawsuit settlements as well as to the amount of > funds that will be brought into the station in a matter of days as a result of rectifying this > matter. So why is Pacifica not allowing Tony Riddle to heal this wound? > > > > > > 2) Implement Steve Brown's proposals for professionalizing the way fundraising is > done and getting more listeners to pay their pledges with credit cards, which > conservatively will net $100K within a few months and perhaps $1 million over a year if > properly and fully implemented. > > > > > > 3) Settle the lawsuit over the WBAI elections, immediately. Pacifica's lawyers have > already cost the corporation between $60,000 and $100,000 in this case, to defend .... > WHAT, exactly? That members who are entitled to receive ballots and vote in the LSB > elections should have received them, and their votes should have been counted? WHY is > Pacifica continuing to fight this no-brainer, and rack up perhaps $100-150K more in > expenses, let alone Plaintiff's legal fees, over the next year? WHAT IS WRONG WITH THE > NATIONAL MANAGEMENT AND BOARD THAT IT REFUSES TO END THIS, NOW, and save all > of that money? > > > > > > 4) Remove the position of Program Director at WBAI for 1/2-year (worth $80K over > next six months, including benefits), and replace it with a committee of department heads > -- a resolution I introduced to the LSB a year ago in more detail. > > > > > > 5) Fire Pacifica's lawyers, particularly Dan Siegel. They have for too long been working > against the best interests of the corporation on issue after issue, cost Pacifica MILLIONS of > dollars, and have been wrecking legitimate attempts to heal the damage done by prior > management with their legal "guidance". > > > > > > 6) Direct that equipment that had been "misappropriated" from the station by > management and staff be immediately returned, and that the PNB re-open the > investigation into this matter. > > > > > > Conservatively, and not including the last two items, these measures would net WBAI > more than $1.5 million in additional income over the next year ..... > > > > > > How can management be so insensitive, so foolish, as to order that workers be fired > for lack of funds when it hasn't taken these other, more sane and less drastic actions first? > > > > > > Until it does so, let's not take out on the workers the results of the reckless past > policies of the JUC, Pacifica management and CFO. Such actions contemplated by > management in the proposed budget -- the firing of staff due to shortage of funds -- > would completely wreck the network altogether, destroy the faith of listeners, and send > people with mouths to feed out onto the streets. The alternatives to that are simple, > effective, and yet you continue to refuse to enact them. Why? > > > > > > Mitchel Cohen > > > Chair, WBAI Local Station Board > > > > > >>