FOR IMMEDIATE RELEASE: July 31, 2021
Pacifica Safety Net Lawsuit Dismissed
LA Superior Court Throws Out Goldmacher-Huggins-Turner Lawsuit
Berkeley – Three strikes and they’re out. On Friday, July 20, Judge Michael Stern dismissed the Pacifica Safety Net lawsuit for the failure to make a viable complaint after four tries. A demurrer filed by defendants Grace Aaron and Alex Steinberg was upheld without leave to amend and the plaintiff’s case dismissed with prejudice.
The court order can be seen here.
In an eight page ruling, Judge Stern stated:
This is the fourth attempt by plaintiffs to state a viable cause of action in this matter.
The judge goes on to state:
None of the action[s} …. alleged to have been taken by the two individual defendants were taken without board approval, violated any statute, placed the nonprofit status of Pacifica in any actual jeopardy, or resulted in any action by the California Attorney General’s Office to affect Pacifica’s nonprofit status.
Alleging and re-alleging, over and over again throughout the complaint that the individual defendants committed “misfeasance, malfeasance and breach of fiduciary duty” without facts to substantiate these bald conclusions is insufficient to support the assertion that the individual directors violated their corporate board fiduciary responsibilities and director duties.
The lawsuit began on December 8, 2020 with a demand for the court to take all of Pacifica’s assets, including its station licenses and real estate properties as well as all cash in bank and place them under the control of a San Bernardino attorney named Matthew Taylor under the supervision of the court. After that demand was rejected by the court, plaintiffs Donald Goldmacher (KPFA delegate), Christina Huggins (KPFA delegate, chair of KPFA local station board) and Andrea Turner (KPFA listener representative director on the PNB), revised their lawsuit into a derivative action asking for unspecified financial damages from two individual directors, 1 current (Alex Steinberg – WBAI and 1 former (Grace Aaron – KPFA). A fourth plaintiff, Craig Alderson (former KPFA delegate) withdrew from the lawsuit.
After the plaintiffs revised the complaint two more times, the court has now dispensed of it for inadequacy.
KPFA, Pacifica’s Berkeley station, has been bearing the cost of the litigation iniated by the chair of their LSB. It is unknown if the Pacifica Foundation will request that the plaintiffs reimburse the station for the costs of their lawsuit.
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The Oakland Green Party (OGP) condemns the appalling hate crimes against people of Asian descent. OGP also condemns the use of racist rhetoric and terminology which has perpetuated anti-Asian stigma related to the COVID-19 pandemic.
Over two million Asian Americans and Pacific Islanders are working on the frontlines in health care, law enforcement, first responders, transportation, supermarkets, and other service industries.
OGP stands in solidarity with all who stand up and speak out against racism, xenophobia, discrimination, anti-Asian sentiment, scapegoating, and ethnic or religious intolerance.
OGP stands in solidarity with all who stand up and speak out against racism, xenophobia, discrimination, anti-Asian sentiment, scapegoating, and ethnic or religious intolerance.” In addition, we shall recommend and publicize support and donations to two Bay Area organizations:
(1) the Chinese Progressive Association (CPA), which empowers the low-income and working-class Chinese immigrant community in San Francisco https://cpasf.ourpowerbase.net/civicrm/contribute/transact?reset=1&id=7
(2) and the Asian Immigrant Women Advocates (AIWA), which works with women workers employed in the garment, hotel, restaurant, electronics assembly and other low-wage industries in Oakland, San Francisco, and Santa Clara County’s “Silicon Valley.” https://www.aiwa.org/donate/
FOR IMMEDIATE RELEASE: July 15, 2021
Bylaws Referendum Fails, LA Progressive Broke, And A Censure
Berkeley – As you’ve probably heard by now, the New Day Bylaws were defeated in the just-completed referendum with a rejection by the staff member class of 58% (No) to 44% (Yes). 76% of the listener members did not vote in the referendum, but of those who did, 56% supported the proposed new bylaws. This outcome has led to much knashing of teeth from New Day and the Pacifica Safety Net, with loud angry posts about a “staff veto”. This is bizarre for a very simple reason.
The New Day bylaws amendment proposal retained the referendum rules of the current bylaws and would have strengthened the “staff veto” by sub-dividing the staff membership class into two different classes, a paid staff member class and an unpaid staff member class. Both or either of these classes of members could have, under the New Day set of bylaws, vetoed any new amendment that affected staff voting rights.There is something a bit wacky about complaining about a clause that they not only didn’t remove in their own bylaws proposal, but made more stringent. Since there are only about 90 paid staff, and about half of them vote, a bylaws amendment under Jan Goodman and Sharon Kyle’s proposed New Day bylaws, could have been “vetoed” by as little as two dozen paid staff voting in their own little class. In fact, it would have been even worse than that. A new clause added to the bylaws amendment section of the New Day Bylaws adds this poison pill: if the members suggest a bylaws amendment by petition and the PNB does not approve it, it would require a 3/4 approval vote. Yes, you heard that right. Under the New Day bylaws, Goodman and Kyle’s referendum would have lost the listener vote, since 56% is not 75%. Apparently, they wouldn’t want any bylaws referendums from the members they didn’t like if Goodman and Kyle ran the PNB. The angry emails and posts are disingenuous.
But the language in the Pacifica bylaws (all versions) about members voting in classes wasn’t invented by Pacifica. It’s in the California Corporations Code Section 5033-5034. The literal meaning of “class of members” in not for profit law is the ability to vote on matters as a separate class.
The New Day saga seems to have taken a toll on Sharon Kyle’s own nonprofit, the LA Progressive, an op-ed website, which has been sending out an ardent email asking for money Titled “We’re in a Pinch“, the email states:
What is LA Progressive to do? Cut back on our publishing schedule? Scuttle our webcast plans? Limp along?