Report from KPFA LAB Chair on KPFA LAB
Bylaws votes 12/11/02

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1) NUMBER OF LOCAL STATION BOARD MEMBERS

The KPFA LAB agreed with the iPNB and the position that the LAB chairs thought would pass:

16 to 24 members on each LSB

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The KPFA LAB passed the position passed in the iPNB straw poll and that the LAB chairs thought would pass:

1/4 of each LSB elected by staff members, 3/4 elected by listener-sponsor members.

In addition, the KPFA LAB also passed the following:

1/3 of each LSB elected by staff members, 3/4 elected by listener- sponsor members.

(The conclusion that should be drawn is that while KPFA is willing to accept 1/4 of the LSB being staff, they would prefer that the staff be 1/3 of the LSB.)

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The KPFA LAB rejected the following, which was suggested as a compromise by the LAB chairs:

Up to 1 seat reserved for stations that have a special relationship with one of the 5 Pacifica stations, based on rebroadcasting at least 75% of the Pacifica station's output and also producing their own programming.

Instead, KPFA's LAB passed the following:

Up to 3 seats reserved for stations (with any single station only having one seat) that have a special relationship with one of the 5 Pacifica stations, based on rebroadcasting at least 75% of the Pacifica station's output and also producing their own programming (see addendum re associates at the end of this document).

Explanation of KPFA vote: Today there is only one station that would qualify for such a seat, KFCF, but if associates had seats on our local boards there might be more stations willing to be associates. It is easier and cheaper to have associate stations than to buy up small stations in an attempt to spread our signal more widely. Changing the bylaws to allow more associate seats in the future would not be a trivial matter. The proposal (attached below) specifies that these seats would be filled only by persons who had been democratically elected to their own boards and then sent by that board as a representative to the associated Pacifica LSB. Please also read the portions regarding adherance to the Pacifica Mission, and removal of the rep in the event of non-adherance to the mission.

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2) MANNER OF ELECTION OF LOCAL STATION BOARD MEMBERS

The LAB chairs thought that at least 3 LABs would support the following:

For both the staff members and the listener-sponsor members --

Proportional representation voting system is to be used.

Minimum diversity requirements: 50% self-identified people of color and 50% women (women of color count in both categories).

At KPFA, we voted on the above in conjunction with the next item regarding thresholds for seating candidates who are elevated to a seat based on diversity requirements. We didn't think it made sense to take a separate vote without being clear about how the diversity criteria would be implemented.

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The KPFA LAB took three votes with regard to thresholds:

In the first vote there was no threshold specified. (This was a position suggested by the chairs as a compromise instead of having more specific set aside seats.) No threshold would mean that a person with very few votes (even zero) could replace a person who had received adequate votes to get elected. This proposal failed to pass at KPFA. The LAB wants to avoid the case where someone might be seated who has no support at all in the community, but would get in because there were just not enough people of color or women ran in that particular election.

The next vote was taken on the following:

In the event that the "natural vote" does not produce the required minimums, then the lowest vote-getters who don't fulfill the diversity requirements will be replaced by the highest vote-getters who do fulfill the diversity requirements, provided that no one will be seated who does not receive at least 1/4th the number of votes that would have been required to win a seat by the "natural vote".

The above did not pass either. It was a tie (7-7-4, the chair abstained). This or some other threshold may pass if it is re-considered.

What passed at the KPFA board was:

In the event that the "natural vote" does not produce the required minimums, then the lowest vote-getters who don't fulfill the diversity requirements will be replaced by the highest vote-getters who do fulfill the diversity requirements, provided that no one will be seated who does not receive at least 1/3rd the number of votes that would have been required to win a seat by the "natural vote".

Note: The thought expressed about this at KPFA was that this threshold represents a comparatively small number of votes based on the number of votes actually cast and the number of seats being filled. At the last KPFA election, 542 votes were needed to be seated in one of the seven open slots. One third of that would be 181. That count is not based on just first choice votes, but on playing out the election process and looking at voters' second, third and subsequent choices. At stations where less votes are cast, the thresholds would be lower. It was felt that if we seated candidates who had no support at all in the community, they would have no moral authority to act on a board with real powers.

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The LAB chairs thought that at least 3 LABs would pass the following:

Elections to be staggered so that 1/3 of the local board is elected (for 3-year terms) each year.

Note: In the first election under the bylaws the top third of the vote-getters will get 3 year terms, the next third will get 2 year terms and the bottom third will get 1 year terms (this last third includes one who is grandparented from the current LABs). The diversity minimums will be applied to each of the three "cohorts" so each year a minimum of 50% people of color and 50% women will be seated. This will set up the staggering for the future elections.

The above passed at KPFA, but the iPNB version directly below this paragraph also passed. The conclusion is that either of these ways of staggering elections is acceptable to the KPFA LAB.

Elections to be staggered so that 1/2 of the local board is elected (for 3-year terms) in each of two consecutive years, and the third year there is no local board election.

Note: In the first election under the bylaws the top half of the vote-getters will get 3 year terms, the bottom half will get 1 year terms (and anyone who is grandparented from the current LABs). The diversity minimums will be applied to each of the two "cohorts" so that those receiving 3 year terms and those receiving 1 year terms will be a minimum of 50% people of color and 50% women. This will set up the staggering for the future elections.

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All the LAB chairs would like the following included in the bylaws:

All election materials sent to voters will include the Pacifica Mission statement.

This passed unanimously at KPFA.

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The LAB chairs thought that at least 3 LABs would want the following language included in the bylaws:

Outreach and programming goals will be set yearly at each station based on demographics, community needs and the Pacifica Mission. Outreach goals will be set by the LSB. Programming goals will be set by the Program Council or its equivalent at the station.

The KPFA LAB rejected the language above and passed the following wording instead:

Outreach goals will be set yearly at each station based on demographics, community needs and the Pacifica Mission.

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3) GRANDPARENTING CURRENT LAB MEMBERS IN THE FIRST ELECTION

The KPFA LAB voted to permit grandparenting of up to a third of the listener-member seats on an LSB for a 1-year term, for the first year only. No LSB would be required to grandparent anyone, but could do so at their option.

The KPFA LAB did not take a vote on whether it would be in favor of not permitting grandfathering, as passed by the iPNB straw poll. This was an oversight.

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4) NUMBER OF DIRECTORS ON THE NATIONAL BOARD

The KPFA LAB passed the following which agrees with what was passed by the iPNB straw poll, and also agrees with what the LAB chair thought would be approved by at least 3 LABs:

a minimum of 20 and a maximum of 23 -- 4 elected by each of the 5 local station boards, up to 3 may be elected as "at large" by the national board.

Note: the national board is NOT required to fill the "at large" seats, but may choose to do so at its option.

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5) MANNER OF ELECTION OF NATIONAL BOARD OF DIRECTORS NOMINATION AND ELECTION OF STATION BOARD REPRESENTATIVE DIRECTORS

The KPFA LAB passed the following, which agrees with what was passed by the iPNB in their staw poll:

Any local station board member may nominate any other member of the same local board for election to the national board of directors. After the first year, members nominated to the national board shall have served at least one year on their local board before being eligible to serve on the national board.

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The following, which agreed with the iPNB straw poll majority, passed at the KPFA meeting:

Each Local station board elects from among its members 4 directors for 3-year terms -- one of whom shall be a staff member. The elections shall be staggered so that 1 director is elected by each local station board in each of 2 consecutive years, and in the third year 2 directors are elected.

The following, which the LAB chairs thought would pass at 3 out of 5 LABs, was also passed by the KPFA LAB:

Each Local station board elects from among its members 4 directors for 1-year terms. The elections shall occur every year. Any board member can serve up to 5 consecutive terms. (Note that there is no set aside for a staff seat.)

Of the two versions that passed, the one with 1 year terms passed with the highest margin. It can be inferred that the KPFA LAB prefers that version, but would be OK with 3 year terms.

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At least 3 out of 5 LAB chairs thought that their LABs want some form of proportional representation for election of National Board members. All LAB chairs felt that their LABs would want the voting to be done the same everywhere.

Proportional Representation for PNB members passed at KPFA.

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Diversity requirements: A minimum of 50% of the national board members must be women and 50% must be people of color (women of color meet both requirements).

The KPFA LAB did not vote on this item at the most recent meeting, but they have supported it in the past.

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iPNB straw poll majority: On-air staff are not eligible for election to the national board by their local station board.

KPFA model: On air staff are eligible for election to the national board by their local board.

The KPFA LAB did not vote on this on 12/11. There is no reason to believe that their position on this has changed.

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Note: In the first election, each local board will elect 4 directors -- the highest 2 vote-getters will get 3-year terms, the next highest will get a 2-year term, and the next highest will get a 1-year term. This will set up the staggering for future elections.

This was not discussed at the KPFA LAB meeting on 12/11.

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Note: Any director elected by a local board may be removed by 2/3rds vote of that local board. National Directors may also be removed by recall vote of the members from that station area by removing the director from the LSB by vote of 2/3rds of a quorum of the members from that station area -- removal from the local station board by recall vote of the members results in removal from ALL offices of the Pacifica Foundation.

The above was not discussed at the KPFA LAB meeting on 12/11.

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NOMINATION AND ELECTION OF "AT LARGE" DIRECTORS"

iPNB straw poll majority:

"At large" directors may be nominated by: (1) majority vote of 3 local station boards, or (2) any Pacifica Affiliate station or caucus of Pacifica Affiliates. "At large" directors may not be members of any local station board.

The KPFA LAB took two separate votes on the two ways for at large directors to be nominated. Both passed.

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This passed at the KPFA LAB and agrees with the iPNB staw poll majority:

Any "at large" directors must be elected by 3/5 the majority of the directors who were elected by the local boards (i.e., "at-large" directors are not permitted to vote for the election of other "at large" directors).

Note: The national board is NOT obligated to fill ANY of the "at large" seats or to elect anyone who may be nominated for an at large seat.

Also Note: Any "at large" director may be removed from office by 2/3rds vote of 3 of the 5 Local Station Boards.

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ADDENDUM

ASSOCIATES PROPOSAL

"1.Any Pacifica station, with the approval of the Pacifica National Board, may choose to associate with any geographically contiguous community radio station for the purpose of rebroadcasting no less than 75 percent of the Pacifica station's programming. Such a community radio station must produce some local programming, operate under a mission statement compatible with that of Pacifica and have a democratically-elected station board which will be permitted one representative to the local Pacifica station board.

2.Such a community radio station will be referred to as a Pacifica Associate station, differentiated from a Pacifica Affiliate.

3.The governing board of the Associate station will have the ability to elect a person to represent its interests to the associated Pacifica Station board for a term of up to three years, subject to re-election at that time. No Pacifica station board may have more than three such Associate Station representatives seats.

4.Associate Station representatives to Pacifica Station boards are subject to recall by either their station boards or by their subscriber/members. They may also be removed by the Pacifica Station boards according to their own terms of accountability, for example, failure to attend meetings. The Associates Station board must be notified in advance of any such difficulties in order that it may consult with its representative about the Pacifica Station board's concerns and seek candidates for replacement, if necessary.

5.Specific terms of the relationships between Pacifica and Associate stations not covered by this proposal must be enumerated in a contract between the Associate Station board and the Pacifica Station board. Contracts will be required, and in the case of breach, may be terminated upon 60 days notice by either station. Either station may choose to terminate an Associate Station relationship upon 60 days notice for failure of either Pacifica or the Associate Station board to abide by the terms of their respective Mission Statements, or should the Missions become incompatible.