iPNB teleconference meeting results
[Draft minutes below]
On the motion of lydia Brazon, by vote of 6 yes 3 no, the iPNB passed a motion to retroactively change the membership requirements after the record date has passsed. They voted in favor of this after the National Elections Supervisor had advised them he was of the opinion that he could not certify the election if people voted who were not members on the record date. Also the iPNB voted without regard for whether the motion would require delays in the election procedures. Yes votes: Ray Laforest, Janice K. Bryant, Rob Robinson, George Barnstone, Acie Byrd, Lydia Brazon No votes: Carol Spooner, Leslie Cagan, Dave Fertig Not Present: Teresa Allen, Marion Barry, Pete Bramson, Dick Gregory, Charles Smith, Jabari Zakiya
On a second motion they voted to ask their legal counsel
whether this motion is valid.
All yes except Ray Laforest who abstained.
Since certain elections procedures were set for tomorrow,
any delay in the legal opinion will delay getting those
things done. It is uncertain how much delay could be caused
and whether such delay in some things will delay getting
the ballots in the mail according to Terry Bouricius, the
National elections supervisor whose job it is to uphold the
bylaws of Pacifica.
iPNB teleconference meeting results:
Nine Directors Present constituting a quorum: Chair Leslie
Cagan, George Barnstone, Lydia Brazon, Janice K. Bryant,
Acie Byrd, Dave Fertig, Ray Laforest, Rob Robinson, Carol
The board discussed the what options remain now that the Court has ruled that we cannot grant waivers in this election. Lydia Brazon suggested that we take attorney Kevin Finck's previous suggestion to reduce the membership contribution requirement for this election from $25 to $5. Terry Bouricius informed the board that, as elections supervisor, he is required under the bylaws to certify that the elections have been conducted pursuant to the bylaws, and that, unless the board gets a legal opinion that it is legally permissible to retroactively change who the members entitled to vote were as of the record date of November 21st, he will not be able to certify the elections.
Motion by Brazon, 2nd by Laforest
Resolved that: The iPNB, pursuant to the authority granted to the board of directors in the bylaws to change the membership contribution amount from time to time, hereby sets the minimum membership contribution at $5 for purposes of this Delegate election only, effective retroactively as of the record date of November 21, 2003.
Motion Passed 6 YES -- Barnstone, Brazon, Bryant, Byrd, Laforest, Robinson 3 NO - Cagan, Fertig, Spooner
Robinson submitted the following "preamble" to the Brazon motion which was not voted upon, but was discussed by the board.
The purpose of this resolution is to resolve a conflict caused by an ambiguity in the language of the revised Bylaws of the Pacifica Foundation concerning the powers of the new, and unelected, Local Station Boards, and their precursors, the current Local Advisory Boards.
It it not the purpose or intent of this resolution, and the waiver process in general, to eradicate the distinction in status and privileges between listener-sponsors and those who listen but do not financially support the station, or those who do not listen, by granting them membership status for purposes of the local station board elections.
It is the interim Pacifica National Board's intention that waivers may be granted to listeners who can demonstrate a committed relationship with the station, either as a financial contributor at a level less than $25 and/or as a result of that listener's history of volunteerism and volunteer interaction with the station.
Motion by Robinson, 2nd by ? Resolved that: The previous resolution will be forwarded to attorney Kevin Finck to inform him that this is the will of the board. In the event that Mr. Finck recommends that the board approach this in some other way, the board will reconvene to discuss his recommendations. In the event that Mr. Finck advises that he does not believe the board can legally retroactively change who the members were on the record date of November 21st, then the previous resolution shall be automatically rescinded.
Motion Passed 8 YES - Barnstone, Brazon, Bryant, Byrd, Cagan, Fertig, Robinson, Spooner 0 NO 1 Abstention - Laforest
Mr. Bouricius advised the board that the printing schedules requires that we order our envelopes from the printer tomorrow, Monday, December 8th. Delays in determining who the members were on November 21st, might make it impossible to mail the ballots on the required January 5th date. Sending a larger list including $5 donors will cost more money. Mr. Bouricius is uncertain whether the list of all donors at the $5 level can be generated at all stations quickly enough.
Respectfully submitted, Carol Spooner Secretary, Interim Board of Directors
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