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PNB member Lisa Davis accuses Patty Heffley
of racial insult, 1-26-06

The following email exchange took place immediately before and during the January 2006 PNB meeting. Newly elected PNB member Lisa Davis (from the WBAI local board) charged Patty Heffley, her fellow PNB and WBAI LSB member, with making a racial insult. Patty Heffley apologized for the remark, denied that it was racial, and pointed out that she has also been a target of insulting comments. PNB member Donna Warren supports Patty Heffley's position. WBAI LSB member Berthold Reimers points out that he has been the target of racial insults from Davis's allies, which she has ignored. KPFK LSB member Terry Goodman states that Lisa Davis's characterization of Heffley's comment as racist could itself be seen as conduct detrimental to the foundation.

Lisa Davis's initial letter

From: Lisa
To: pnb@pacifica.org ; wbailsb@yahoogroups.com
Sent: Thursday, January 26, 2006 1:26 AM
Subject: Extremely Offensive Comments

Although this is posted to the PNB list serv, this is not a confidential or private matter.

My name is Lisa V. Davis and I currently sit on the WBAI Local Station Board in New York and was elected to be the interim PNB Director after the resignation of Michael Tarrif Warren.

Upon participating in conference calls discussing the upcoming training workshops for the newly seated PNB Directors, I feel compelled to make you aware of the very offensive comment that one of Pacifa’s Directors, Patty Heffley, made upon my being elected to the PNB for 2006.

After the adjournment of the 01/11/06 WBAI LSB meeting, I was commenting about how I was happy to be elected to the PNB. To which Ms Heffley remarked, in a room filled with people, “that’s cause she gets to eat free food, sleep in hotels and travel at the expense of Pacifica.” In addition to my being extremely offended by her comments, others who heard it expressed their extreme dismay to me as well. And while I realize this is very short notice, I hope that it is not too late to incorporate some of my brief suggestions into the upcoming workshops.

Before continuing further I would like to briefly tell you a little about myself as I realize that many of you are not that familiar with me. As an African American female, I have been actively engaged in the struggle for justice and human rights for all people for the last 25 years. And I have been a listener supporter of WBAI for over 10 years. Some of the struggles that I am currently pro actively involved in are reparations, the fight against racial inequities in the justice system, and advocating media access for disenfranchised populations.

Aside from the outrageousness and ridiculousness of Ms. Heffly, a PNB Director who has received the same expenditures last year and will receive the same this year that are now being afforded to me out of Pacifica's budget, making this kind of statement, the fact that she is White and I am Black makes this statement even more egregious. Her caustic, yet revealing comments, embodies her arrogant belief in White skin privilege. And that is that no Black person should ever be treated the same as a White person.

Even more so, Ms. Heffley’s attitude reflects some of the most racist and incendiary views that many people still hold about people of color, especially African Americans. The most reactionary forces of this country have a malicious and long history of perpetuating the most vicious and racially offensive propaganda deliberately designed to thwart the socio-political advancement of people of color.

One of their favorite tactics has been to portray any Black person seeking any kind of political position as a buffoon, someone who does not have the intellect to govern and who only seeks political advancement in order to take advantage of the "free food" and other "goodies" at the expense of the body politic. In other words they are depicted as clowns looking for a free ride.

All one has to do is examine the vicious and widespread propaganda that was used to demean and villify the period of Reconstruction in this country, in which newly freed Black people were elected into Congress and actively participated in putting forward one of the most progressive socio-political platforms that this government has ever seen (I remind everyone that among other initiatives the free public school system for all children in the US, including White ones, was a product of Reconstruction). In 1915 D.W. Griffith, who came engaged in such reactionary propaganda, released “The Birth of a Nation” which depicted the Black politicians of the Reconstruction as a great expense to this government who were only capable of drinking and eating chicken in Congress, sparked the rebirth of the Klu Klux Klan. The disgraceful perpetuation of these horrific images solidified another 100 years of terror against Black people after the end of slavery and are directly responsible for some of the most heinous crimes committed against people on this soil.

I could never have imagined that by sitting on the Board of WBAI and Pacifica with people who call themselves “progressive” that I would be dealing with some of the issues that I have been forced to deal with. But I will NEVER sit idly by and be silent when I hear or witness condescending statements and digs being made about any one, regardless of their nationality, sexual preference, gender, physical characteristics, etc.

Although one would not think Pacifica would have to do this, perhaps as part of the upcoming training in DC this weekend, the Foundation could spend a couple of minutes teaching its Directors how to disagree with someone without attacking the person. And while the Foundation cannot make someone change her/his views about people, regardless of how offensive those views might be, maybe it can teach them how to keep those views to themselves.

Lisa V. Davis

***

Patty Heffley's response, 1-26-06

Lisa,

I do apologize for the comment that should have only been heard by me.

I do not remember saying it actually. but if I did it would have been in reference to the fact the only members of the JUC (Justice and Unity Caucus) that are on national committees and doing work are Cerene Roberts and Bob Lederer, over and over again. One other person Ms Griffin is on the Audit i believe and Ray Laforest with the national COI. You are on the COI but it doesn't meet.

JUC members declined nominations for most committees.

That was my reference.

although Ms. Davis States: "But I will NEVER sit idly by and be silent when I hear or witness condescending statements and digs being made about any one, regardless of their nationality, sexual preference, gender, physical characteristics, etc."

but you voted on January 20th 2006 to vote NO to keeping on the record a comment made to me by your colleague Michael Warren:

September 29, 2005 PNB meeting: The following comment made by Director M. Warren was asked to be placed into the record by Director Heffley. "Patty, you have consumed the time as substantially as you would a huge hoagie".

Director Heffley amended Director Lederer motion to leave the “for the record” comment made by Director M. Warren directed to Director Heffley. Seconded. Heffley amendment passed 10 Yes, 6 No. YES: Robinson, Williams, Heffley, Adelson, Minsky, D. Warren, Allen, Montes, Schroell, Shafto, NO:M. Roberts, Walker, Laforest, Lederer, Davis,

I apologize for my comment and never would think of saying a thing that you would then assume was a racial attack.

There are people of all diversities, including "white" people who are enjoying Pacifica and returning very little and leaving a lot of the work to others who are busy many days a month doing committee work.

Pardon me.

Patty Heffley.

(((((*******())))))

Approval of Minutes on January 20, 2006

Point of Order – Director Lederer moved to rescind minutes of September 29, 2005.

Director Lederer moved to strike all individual comments.

Director Heffley amended Director Lederer motion to leave the “for the record” comment made by Director M. Warren directed to Director Heffley. Seconded. Heffley amendment passed 10 Yes, 6 No. YES: Robinson, Williams, Heffley, Adelson, Minsky, D. Warren, Allen, Montes, Schroell, Shafto, NO: M. Roberts, Walker, Laforest, Lederer, Davis,

Reconstititued Lederer/Heffley Motion. “Moved to strike all individual comments except for the “for the record” comment made by Director M. Warren directed to Director Heffley. Motion passed without objection.

The following comment made by Director M. Warren was asked to be placed into the record by Director Heffley. "Patty, you have consumed the time as substantially as you would a huge hoagie".

***

Donna Warren's comments

Date: Thu, 26 Jan 2006 16:43:44 -0800
From: "DONNA JO WARREN"
To:
Subject: Re: Extremely Offensive Comments

As an African-American woman who sued the CIA for their complicity in bringing crack to the inner cities, as a grassroots activist who has fought California's Three Strikes Law for the last 12 years, and as a recent and upcoming candidate for Lt. Governor (Green Party), I find Lisa Davis' remarks about Patty Heffley to be disingenuous and rather disgusting. It is equally as curious to me that Ms. Davis replaced Director Michael Tarif Warren who made disparaging remarks about Director Heffley a few months ago.

Is this quid pro quo?

I served my two years on the board hopefully with distinction and pride. The board was dysfunctional because of the remarks, actions, and inactions of directors like Michael Tarif Warren. With Ms. Davis' remarks, I don't see the situation getting any better, it fact I think it might get worse.

Ms. Davis, I met your kind when I was first on the board. They attacked me on the ride from the hotel to the first meeting because I didn't take "sides with the justice coalition" from New York. The truth is, I couldn't take sides because I didn't know one faction from another. The other truth is, I wouldn't take sides regardless because that was not why I was on the board.

With the many problems WBAI has, my suggestion is that you concentrate on fixing the problems and stop attacking Patty Heffley who while white has, unlike some of your other directors, the foundation's interest at heart. I believe all white people have a level of racism, after all "white privilege" runs deep and is hard to abandon when it advantages a person but Patty Heffley is more objective and fair than her fellow directors who used their power to disrupt and bring WBAI to near destruction.

So if you have the energy to pick a bone with Director Heffley and not much left to work tirelessly for the foundation, you need to get off the board now. The PNB need workers, not people who are already factionalized before they even join the board.

I expect some flak from this email but after all, it's the dysfunction of the grassroots who like to talk and act like big fish in tiny ponds instead of rolling up their sleeves and actually doing what's needed to get a progressive voice out to the many ears who need to hear it.

I spent hundreds of hours as the secretary to the PNB; I tried to make a positive difference. Please think objectively about what you intend to contribute to the PNB. If it's just "lip" and factionalism, please do us all a favor and get off the board now.

Whatever you do, don't try this email bit again. I don't think anyone - black, brown, white, red, or yellow - need a lecture from Lisa Davis.

By the way, is the suggestion you said you wanted to incorporate into the upcoming workshops teaching Directors how to disagree with someone without attacking the person? If it is, please make sure you don't miss that workshop because you certainly need the lesson.

Donna J. Warren, former secretary to the PNB

***

Berthold Reimers' response

Race, politics and power - Berthold Reimers, WBAI LSB

Date: Friday, 27 January 2006, at 10:24 p.m.

Race politics and power - Berthold Reimers, WBAI LSB

WBAI's LSB majority (Justice and Unity Caucus) uses false race issues to mask political differences, and to gain station control by smearing opponents, even if it is damaging to WBAI. The examples of abusive personal attacks below have not been condemned in any way by the Justice and Unity of whom Ed Marshall and Lisa Davis are members. To think Justice and Unity suspended an LSB member for (among other things) their speech and has put the LSB in a continuing breach makes the claims of fair and equal treatment ring hollow.

Ms. Lisa Davis said [entire post above]:

One of their favorite tactics has been to portray any Black person seeking any kind of political position as a buffoon, someone who does not have the intellect to govern and who only seeks political advancement in order to take advantage of the "free food" and other "goodies" at the expense of the body politic. In other words they are depicted as clowns looking for a free ride. ...

I could never have imagined that by sitting on the Board of WBAI and Pacifica with people who call themselves "progressive" that I would be dealing with some of the issues that I have been forced to deal with. But I will NEVER sit idly by and be silent when I hear or witness condescending statements and digs being made about any one, regardless of their nationality, sexual preference, gender, physical characteristics, etc.

I, Berthold Reimers say: Yet she has not yet condemned this statement by Ed Marshall who was a candidate of the JUC and who serves in WBAI LSB committees. I brought the point again at the last LSB meeting and I have not heard a word. It has been 120 days or four months so far. I am still waiting for a statement by any JUC member condemning this statement while they claim to be so offended by "racist behaviors". I do not believe in the sincerity, do you? See exchanges below:

Mr. Ed Marshall posted on the WBAI LSB's Management Evaluation Committee list serve:

Berthold,

My guess is that Bernard White, judging from past performances,will not only be objective, but credible and honest in his self-evaluation. Character traits and qualities you most assuredly lack as a man... as you serve your masters on the Board. You should exercise caution and respect, when commenting on men who stand head, shoulders and ankles above you...as you squirm, wiggle and crawl in their shadow.

Ed Marshall

I, Berthold Reimers say: See the string of e-mail exchanges below documenting the this issue - read from bottom to top post:

From: "Reimers, Berthold"
Date: Tue Jan 10, 2006 9:16 am
Subject: RE: [wbailsb] Notification of delegates' meeting

As you, Ray and other JUC chose not to utter a word about one of your cohort Ed Marshal calling me name. It is very interesting to me that you have also chosen to pay more attention to this issue than to address this abomination below. This was posted to this LSB list. So, pleasesave me the lecture. It is obvious that you keep Paul DeRienzo because your Cohort wants to reduce the voting of the minority group. So save me the pontification. Tom Delay could not have done better.

Responding To another LSB member Carolyn Birden who objected to Mr. Marshall's abusive language, Mr. Ed Marshall posted on the WBAI Management Evaluation Committee listserve:

At 9:22 AM -0400 10/1/05, Ed wrote to the MEC e-list:

Carolyn:

I find it interesting that you find my comment to Berthol Reimers 'insulting and denigrating'. Where were you when your dysfunctional and deranged Paul DeRienzo was insulting Father Lucas, Tarif Warren and Brother Clay. Certainly Black Men of distinction who have served and supported the fight against repression, racism and injustice for decades. Where were you when Vajra, the LSB Chair, a fair and decent woman, was being insulted consistently by this same mildly retarded individual. Not to mention the profanity unleashed from his unsavory mouth, which was an insult to all the ladies on the Board. Of course excluding you...sense you fall into categories unknown. But you defend Reimers, who in no stretch of the imagination, amounts to anything near the caliber of the aforementioned gentlemen.

Why? Because Berthol Reimers belongs to you, Steve Brown, Mitchell Cohen, Patricia Hefty, R. Paul Martin and the rest of your White Citizens Council. He's your boy. Your property. Your servant. Your brown skinned mascot. In that pump you call a heart....you know I'm right. It is when he makes disparaging remarks that denigrate the integrity of Bernard White that he incurs my ire. Berthol takes his cues from that lying, despicable and untrustworthy Steve Brown. He should choose a better role model to avoid further controversy.

Mitchell Cohen, a member of the WBAI LSB commented a second time:

From: mitchelcohen@...
Date: Sat Oct 1, 2005 11:58 am
Subject: Removing Ed Marshall from all LSB committees

is this the same Ed Marshall who ran for the LSB and said the following:

"If elected, I would work tirelessly to make the overall process healthier and more constructive. Conflict is normal, but channeling conflict to bring about positive change for the station is my highest priority. I also have performance-evaluation experience in both the public and private sectors, which would assist the LSB's task of evaluating staff. Above all, I believe in fairness, honesty and respectful debate."

.. from the election blurb for Ed Marshall

Does JUC member Ed Marshall's vicious personal attack on Berthold Reimers constitute a "constructive" and "healthy" way of doing things?

Mitchel Cohen

I, Berthold Reimers: Commented to the WBAI LSB following Mitchell Cohen's comments:

From: "Reimers, Berthold"
Date: Fri Sep 30, 2005 10:29 am
Subject: RE: [wbailsb] Unsuitable message

It is interesting to me how narrow minded people in this community seem to be. My opinion that no one can objectively self -evaluate (judge themselves) has nothing to do with any one character.

It is interesting that Mr. Marshal would take it to the personal level. It seems that the WBAI community is always taking to the lowest and most personal level lately. So much for the Mission of Pacifica.

Thank You,

Berthold Reimers

Mitchell Cohen, a member of the WBAI LSB brought this matter to the attention of the WBAI LSB:

From: wbailsb@yahoogroups.com [mailto:wbailsb@yahoogroups.com] On Behalf Of mitchelcohen@mindspring.com
Sent: Friday, September 30, 2005 10:17 AM
To: wbailsb@yahoogroups.com
Subject: [wbailsb] Unsuitable message

Ed Marshall wrote the following message on one of the official LSB-committee listserves. Personal attacks such as this is completely out-of-bounds and disgraceful for members of LSB committees. I am asking the LSB to suspend Ed Marshall from all LSB committee membership for six months.

Mitchel Cohen

"Berthold,

My guess is that Bernard White, judging from past performances, will not only be objective, but credible and honest in his self-evaluation. Character traits and qualities you most assuredly lack as a man... as you serve your masters on the Board. You should exercise caution and respect, when commenting on men who stand head, shoulders and ankles above you...as you squirm, wiggle and crawl in their shadow."

-Ed Marshall [Member of Justice and Unity Slate]

***

Terry Goodman's response

From: Terry Goodman
To: Pacifica National Board
Subject: Offensive Comments and Fiduciary Responsibility
Date: Sun, 29 Jan 2006

It is transparently obvious that this message mischaracterizes a personal insult so as to unfairly portray the offender as a racist, thereby escalating and exacerbating internal conflicts within the Foundation by playing the "race card."

Portraying a Foundation Director as a racist on such flimsy pretext should be recognized in this case for what it is: conduct adverse to the interests of the Foundation calling for the removal of a Delegate under Article Four, Section 9 of the organization's bylaws.

Of course, in the context of WBAI where such tactics are not uncommon, no action in remedy can be expected from the WBAI Delegates. Eventually however, when the disfunctional environment at WBAI is recognized as jeopardizing the very survival of Pacifica because of the damage to reputation it causes and the fiscal irresponsibility it encourages, the PNB may be forced to act, removing several locally-elected Delegates under its authority in Section 9(D) of the aforementioned Article.

The record of motions adopted by the WBAI Local Station Board and its continuing breach of Article Seven, Section 2 in denying a seat to an elected Delegate already provides adequate evidence that this body is unable to exercise its delegated authority with sufficient care and responsibility. The PNB's failure to appropriately intervene in the case of Paul DeReinzo enabled a similar continuing breach at KPFT, which doubly calls into question the PNB's own ability to act in adequate compliance with its public trust. It similarly calls into question the qualification for office of the individual Directors who failed to vote in a manner consistent with the organization's bylaws and the best interests of the Foundation, thereby significantly increasing the organization's general tort liability in these and other cases.

A well-designed Foundation-wide Code of Conduct applicable to Delegates that specifically addresses the issue of exacerbating racial antagonism could help, if accompanied with a real commitment to its enforcement. A PNB document explaining the distinction between Delegates and LSB Members, outlining the authorities of each, clarifying the limits to available options for member discipline, and detailing fair hearing requirements is also clearly needed, as are policies that specify what information available to governance members is confidential, what information is not, and the consequences of unauthorized disclosure.

The powers, duties and responsibilities of Local Station Boards are delegated under the direction and supervision of the Foundation's Board of Directors pursuant to Article Seven, Section 3 of the bylaws. The PNB may override any and all actions, resolutions, or policies taken or adopted by an LSB pusuant to Article Seven, Section 4.

Article Five, Section 1(D) states clearly that "all corporate powers shall be exercised by or under the direction of the Board." The PNB has a responsibility to recind delegated authority whenever necessary to ensure and facilitate fulfillment of the purposes of the Foundation [Article Five, Section 1(E)(1)] or to maintain oversight of the conduct, management and control of the Foundation's affairs and activities [Article Five, Section 1(E)(6)].

In the current situation, in exercise of its fiduciary responsibilities, the Pacifica National Board must monitor the local governance of WBAI (and, to a lesser extent, KPFT) fully cognizant of a potential need for direct intervention. Absent legitimate and functioning local governance oversight, the intervention of the Executive Director into local matters of management and staff may also be required, and I don't hold my own station area immune from such responsible exercise of ED authority.

By design, Pacifica's governance is in the hands of volunteers -- mostly amateurs untested as to their governance knowledge and skill who may not fully understand their proper role and the various responsibilities of office. As I have consistently argued in prior messages to the PNB, professional board training is desperately needed at all layers of Foundation governance for our experiment in network democratization to succeed and for the actual work of governance outlined in the bylaws to proceed with any effectiveness or consistency. Amateurs can learn to do the job, but they must first recognize their need for training and then arrange to obtain it. In Pacifica, such training should be budgeted annually, and care must be exercised to ensure that these funds are utilized for actual training in the theories and practices of governance, rather than diverted towards various training alternatives widely available to professional boards that already have an adequate handle on the basics and simply seek to improve.

In Pacifica's broadcasting and governance, we can put on a fairly good show, but too many of us are simply "winging it" in an impromptu performance of what we imagine the job requires or what we suppose our audience or constituents will appreciate. It's a poor practice and not at all good enough to adequately fulfill the Mission, our delegated duties, or our responsibility to the Membership.

--Terry Goodman, KPFK Delegate


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