Draft Agenda-April 5, 2015 Roll Call Approval of Agenda Election of Chair Election of Secretary Approval of Minutes MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR JEVON GAMMON Whereas, the Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and Whereas the Bylaws define an Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and Whereas no exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws; and Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required to have 30 days’ notice; and Whereas the UHURU Radio’s written agreement lapsed October 15, 2015, and it had not been renewed by December 11, 2015, the date that it’s nominee/representative JEVON GAMMON was elected, nor is it current as of this date; and Whereas the date that notice of the December 11, 2015 meeting was given was December 3, 2015, thus 30 days’ notice of the December 11th meeting at which GAMMON was elected was not given; and Whereas previously the PNB was not aware that the aforesaid election violated the Bylaws as stated above; and Whereas, the PNB recognizes that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such violations of the Bylaws, Wherefore, be it resolved that: The election of JEVON GAMMON as Affiliate Representative is hereby rescinded; and Notice is hereby given that a new election for Affiliate directors is hereby scheduled for April 7, 2016; and Further, the scheduling and the supervision of the election is hereby delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith. Respectfully Submitted by Jan Goodman Director, KPFK MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR EFIA NWANGAZA Whereas, the Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and Whereas the Bylaws define an Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and Whereas no exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws; and Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required to have 30 days’ notice; and Whereas the WMXP Radio’s written agreement lapsed about 2011, and it had not been renewed by December 29, 2015, the date that it’s nominee/representative EFIA NWANGAZA was elected, nor is it current as of this date; and Whereas the date that notice of the December 29, 2015 meeting was given was December 18, 2015, thus 30 days’ notice of the December 29th meeting at which EFIA NWANGAZA was elected was not given; and Whereas the PNB was not aware that the aforesaid election violated the Bylaws as stated above; and Whereas, the PNB recognizes that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such violations of the Bylaws, Wherefore, be it resolved that: The election of EFIA NWANGAZA as Affiliate Representative is hereby rescinded; and Notice is hereby given that a new election for Affiliate directors is hereby scheduled for April 7, 2016; and Further, the scheduling and the supervision of the election is hereby delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith. Respectfully Submitted by Jan Goodman Director, KPFK MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR JEVON GAMMON Whereas, the Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and Whereas the Bylaws define an Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and Whereas no exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws; and Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required to have 30 days’ notice; and Whereas the UHURU Radio’s written agreement lapsed October 15, 2015, and it had not been renewed by December 11, 2015, the date that it’s nominee/representative JEVON GAMMON was elected, nor is it current as of this date; and Whereas the date that notice of the December 11, 2015 meeting was given was December 3, 2015, thus 30 days’ notice of the December 11th meeting at which GAMMON was elected was not given; and Whereas previously the PNB was not aware that the aforesaid election violated the Bylaws as stated above; and Whereas, the PNB recognizes that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such violations of the Bylaws, Wherefore, be it resolved that: The election of JEVON GAMMON as Affiliate Representative is hereby rescinded; and Notice is hereby given that a new election for Affiliate directors is hereby scheduled for April 7, 2016; and Further, the scheduling and the supervision of the election is hereby delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith. Respectfully Submitted by Jan Goodman Director, KPFK MOTION TO RESCIND ELECTION OF AFFILIATE DIRECTOR EFIA NWANGAZA Whereas, the Pacifica Bylaws require that Affiliate Directors represent Affiliate Stations; and Whereas the Bylaws define an Affiliate Station as one which has a written agreement with Pacifica, (Bylaws, Art. 5 Sec. 4A); and Whereas no exceptions for the written agreement requirement, as of the date of the election appear in the Bylaws; and Whereas the Bylaws require that meetings at which the Election of Affiliate Directors shall be elected are required to have 30 days’ notice; and Whereas the WMXP Radio’s written agreement lapsed about 2011, and it had not been renewed by December 29, 2015, the date that it’s nominee/representative EFIA NWANGAZA was elected, nor is it current as of this date; and Whereas the date that notice of the December 29, 2015 meeting was given was December 18, 2015, thus 30 days’ notice of the December 29th meeting at which EFIA NWANGAZA was elected was not given; and Whereas the PNB was not aware that the aforesaid election violated the Bylaws as stated above; and Whereas, the PNB recognizes that it is therefore required to hold new elections for Affiliate Directors, in order to rectify such violations of the Bylaws, Wherefore, be it resolved that: The election of EFIA NWANGAZA as Affiliate Representative is hereby rescinded; and Notice is hereby given that a new election for Affiliate directors is hereby scheduled for April 7, 2016; and Further, the scheduling and the supervision of the election is hereby delegated to the Affiliates Task Force with the cooperation of the Affiliates Manager, to be carried out forthwith. Respectfully Submitted by Jan Goodman Director, KPFK Transition Membership-George Report on Medical Liability Issues-George, Report on LSB evaluations process-Workgroup-Cerene MOTION REGARDING WBAI NON-REPRESENTATION ON PNB WHEREAS, each of the five Pacifica stations is entitled to representation on the Pacifica National Board (PNB) and participation in PNB decisions, and WHEREAS, the PNB has held multiple teleconference meetings in 2016 despite not recognizing any Directors from WBAI, THEREFORE, be it resolved that the KPFA Local Station Board urges the PNB to take no votes and transact no business until Directors elected by the WBAI Delegates are seated. Submitted by Grace Aaron MOTION on adherence to Federal Trade Commission Regulations Whereas, the failure to mail out premiums in a timely fashion has disenfranchised many of our members and harmed our reputation, and, whereas, It is a violation of Federal Trade Commission regulations: https://www.ftc.gov/tips-advice/business-center/guidance/business-guide-ftcs-mail-internet-or-telephone-order What is the Mail, Internet, or Telephone Order Rule? The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule." If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise. and further, Why You Should Comply with the Rule Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws. Apart from this, your failure to ship on time, or your failure to notify your customers promptly about delays and to obtain their consent to the delays, or your failure to make full and prompt refunds when your customers do not consent to delayed shipment, can adversely affect your business by discouraging repeat purchases. Accordingly, most businesses regard compliance with the Rule as simply good business practice. Therefore, be it resolved that because any failure to follow the above guidelines puts KPFK and the Pacifica Foundation at risk it is prohibited by this body. The General Manager is responsible for ensuring that these FTC guidelines are strictly adhered to. Any failure on the part of the GM or any other station employee to enforce them will be considered a severe infraction with consequences that may include a negative job report, immediate dismissal and/or other serious disciplinary actions. Submitted by Grace Aaron MOTION regarding Sexual Harassment Training Whereas in 2007 KPFK had to pay close to $500,000 in legal and other expenses due to one specific sexual harassment lawsuit, And Whereas other discrimination and sexual harassment lawsuits have cost the Pacifica Foundation large sums of money in the past, And Whereas it is the law in California that sexual harassment training needs to be done every 2 years by supervisory personnel and within 6 months for any supervisory person newly hired, And Whereas almost every staff member, both paid and unpaid, has some supervisory responsibilities, Be it Resolved that all staff at KPFK (both paid and unpaid) complete online sexual harassment training within 2 months if they have not completed such training in the last 2 years. Below is a quote from the California Dept. of Fair Employment and Housing: http://www.dfeh.ca.gov/Publications_StatLaws_SexHarrass.htm Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of assuming a supervisory position. There after, covered employers must provide sexual harassment training and education to each supervisory employee once every two years. Submitted by Grace Aaron Adjourn: 10:30 ET