Update to my blog post of Jan. 26 — Judge Roesch issued his official written order (verbal order given Jan. 23), and it’s here: Judge Roesch Order 2020-02-06.
This order was in response to the Pacifica Board Directors who tried to prevent Pacifica members from being able to vote on the new Bylaws. As I wrote on Jan. 26, the judge told those in court on Jan. 23 that he would require that Pacifica allow the members to vote on whether to approve the new Bylaws, ordering that the ballots be sent on Feb. 18 or shortly thereafter, to everyone who was a Pacifica member as of Jan. 2 . Members will have 30 days to vote.
However, actions by the Pacifica National Board to delay voting on the Bylaws, and attempts to prevent the members from voting at all, have required us (the Pacifica Restructuring Project) to go to court to require Pacifica to uphold the member’s rights. The Board has spent considerable amounts of members’ donations to prevent them from being able to vote. Luckily, the judge recognizes the members’ rights and ordered ballots be sent out.
But last week the Pacifica National Board approved an election plan that was seriously flawed, and that not only allowed but had provisions that would actually require that only people opposed to Bylaws reform would get air time on our stations. The Communications section of that plan, which was incorporated into the NES contract, is here. Board members opposed to the new Bylaws also aired a long special program on two of our stations, in which numerous untrue statements were made, no one in favor of the new Bylaws was represented, and the Board members producing the show presented a very one-sided (and incorrect) story about the Bylaws. So PRP had to go back to the judge again to ask for fairness in communications with members – both on the air and with the ballots – with equal time for both sides. Here’s what PRP filed with the court this week. It’s easier to follow if you read them in this order:
- Motion (request of judge) for orders to conduct fair election
- Proposed orders to conduct fair election
- Crosier declaration
- Spooner declaration
- Wonderwheel declaration
- DaSilva declaration
- Goodman declaration
The judge is expected to issue a ruling on these fairness issues on Feb. 14.