It was NOT a "community forum". It was advertised as a "Town Hall" meeting (which in itself was misleading) on WBAI's front page, and clearly organized or promoted by the WBAI Election Supervisor. It was a Candidates Forum, drawing on station resources. And while we're at it, doesn't Bernard White's on-air participation in J&U's campaign to smear Steve Brown and thereby impugn candidates he endorses deserve the same penalty that Gary Null suffered in the prior election? (Silenced for a month, until after the results were in; then expelled.) Frank LeFever WBAI Listener-Member (I am still waiting for a BALLOT) ===================================================== --- Stephen M Brown <sbrown13@xxxxxxxxxx> wrote: > Hi -- > > Thanks for the response. However, I believe you are > mistaken. A community > forum sponsored by the station or its ES is considered a > station venue and > therefore any public participation by a staff member, let > alone a staff > candidate, that results in a listener members conceivably > interpreting it as > being for or against a listener candidate is not > permitted. > > Steve > > > _____ > > From: Casey Peters [mailto:pacifica@xxxxxxxxxxxxxx] > Sent: Sunday, November 04, 2007 2:19 PM > To: sbrown13@xxxxxxxxxx > Cc: votewbai@xxxxxxxxx; wbailsb@xxxxxxxxxxxxxxx; > alliance@xxxxxxxxxxxxxxxxxxxxxxx; > robertscottadams@xxxxxxxxxxx; > NewPacifica@xxxxxxxxxxxxxxx; freekpfk@xxxxxxxxxxxxxxx > Subject: Re: NOICE OF SERIOUS ELECTION CAMPAIGN VIOLATION > AT WBAI > > > Hello Mr. Brown. > What you say here would be pertinent if you were > referring to an on-air > forum. > However, staff members may attend community forums and > ask questions of the > candidates. > It is my understanding that the real problem arose when > Ms. Roberts, after > asking a question, > refused to relinquish the floor and disrupted the forum. > This underscores > the need for civility, > and, lacking that, for a sergeant-at-arms to quell > disruptions. It also > points to the preference > for an experienced independent moderator, allowing the > election supervisor > to remain in an > observational role. I agree that (from what I heard - and > I have not spoken > with Ms. Roberts) > the behavior was inappropriate, but it does not > constitute violation of the > Fair Campaign Provisions. > -- Casey Peters > > > <-----Original Message-----> > >From: Stephen M Brown [sbrown13@xxxxxxxxxx] > >Sent: 10/30/2007 3:55:03 PM > >To: votewbai@xxxxxxxxx > >Cc: > >pacifica@xxxxxxxxxxxxxx;board@xxxxxxxxxxxx;wbailsb@xxxxxxxxxxxxxxx;alliance > @lists.freespeechnow.org;robertscottadams@xxxxxxxxxxx;NewPacifica@yahoogroup > s.com;freekpfk@xxxxxxxxxxxxxxx > >Subject: Re: NOICE OF SERIOUS ELECTION CAMPAIGN > VIOLATION AT WBAI > > > >REPORTING A SERIOUS VIOLATION OF PACIFICA CAMPAIGN > PROVISIONS > > > >To: Dale Ratner > >Local Election Supervisor, WBAI > > > >Dale: -- > > > >I understand that you have been allowing staff > candidates not only to > attend but > >to participate -- and interfere in -- listener candidate > forums sponsored > by the > >station. Although I am sure you were unaware of it, this > is a serious > violation > >of the Pacifica bylaws. > > > >The staff members who have committed these violations -- > one of whom I am > >specifically aware is CERENE ROBERTS -- know quite well > that they are > >deliberately violating the Pacifica bylaws and its > campaign provisions, > since > >these issues were specifically vetted and settled by > legal counsel years > ago. > > > >Even if these staff candidates pleaded ignorance of the > law, they would > still > >have to be disqualified. But in fact they knew what they > were doing and > relied > >upon your unfamiliarity with the bylaws -- and what I > assume was your > >instinctive wish to be "fair" by not excluding any > voices that asked to be > heard. > > > >I therefore now make a formal request, as a member of > the LSB, that CERENE > >ROBERTS be disqualified as a candidate in consequence of > her knowing and > >egregious violation of our campaign provisions. I do not > know the names of > other > >staff members who may also have attempted to participate > in -- i.e., > influence > >-- listener candidate forums either in person or over > the air, but they too > >should be disqualified. > > > >If you feel you disagree with my request, or that you > lack the authority to > >process it, please pass it on to Casey Peters. (Please > note that the > Executive > >Director of Pacifica has no authority to disqualify > candidates for > violation of > >Pacifica's campaign provisions; this power lies solely > within the purview > of the > >local and national election supervisors.) > > > >The following legal information and analysis is from an > attorney well > versed in > >the Pacifica bylaws (she helped write them) and the > California Corporate > code > >under which Pacifica operates. You may find the > information helpful in > dealing > >with this and other issues and complaints that may arise > during the > campaign. > >---------------------------------------------------------- > >From an attorney and member of the California bar: > >---------------------------------------------------------- > > > >Regarding staff participation in the election, the "Fair > Campaign > Provisions" > >for staff members are posted on the Pacifica Elections > web page here > >http://www.pacificafoundation.org/elections/documents/staff-specific/view-c > ategory.html > > > >The relevant part says: > > > >******************************************************************** > > >"2. No Foundation or radio station management or staff > (paid or unpaid) or > any > >other person may use or permit the use of radio station > air time, website > space, > >email > >lists, or other resources to endorse, campaign for or > against, promote or > >disparage, or > >recommend in favor of or against any candidate for > election as a Local > Station Board > >Delegate, nor may any air time, website or email lists > space be made > available > >to some > >Listener-Sponsor Delegate candidates but not to others. > This also applies > to > >prospective > >candidates from the opening of nominations on July 25, > 2007." > >******************************************************************** > > > > >However, the above does NOT prohibit staff from making > endorsements on > their > >own, using their own resources, or other non-station > resources. And in fact > >Pacifica may not legally make any such prohibition, as > it would violate the > >1st Amendment free speech rights of staff members. > > > >Pursuant to their rights, staff members at KPFA , KPFK > and WBAI have > already > >made public endorsements in this election of listener > candidates on > non-station > >mailers and web pages. > > > > > >=== message truncated === ============================================== F. Frank LeFever, Ph.D. Past President, New York Neuropsychology Group http://www.nyng.org fflefever@xxxxxxxx fflefever@xxxxxxxxx "Caminante, no hay camino; se hace camino al andar."