The most progressive part of this miserable document is the part which is taken directly from the government dictated regulations mandating community advisory boards, at the beginning of the document. The most reactionary features have been highlighted in red (emphasis ours.) These include: revocation of the voting rights of staff representatives to the Local Boards -- the only elected representatives in the whole Foundation, in the commonly understood meaning of the word "election." Also, Local Board members are now required to inform Pacifica management before publishing articles on Pacifica or speaking to the press. Station board delegates to the National Board are now considered "nominees," essentially permitting the National Board the ability to refuse to seat dissident representatives. And, just to make sure there is no possibility of whistle blowing, any board member who violates "confidentiality" may be summarily dismissed.
The LAB serves under the direction and guidance of the Pacifica National Governing Board and is monitored by the Chair and Executive Committee. The Pacifica Governing Board shall annually review the LABs performance and certify that they are meeting the Pacifica Policies Governing LABs. If it is determined that a LAB is out of compliance, the Pacifica Board Chair and Executive Committee has the authority to institute reorganization or reconstitution of the LAB.
FEDERAL LAW- CPB The Local Advisory Board shall carry out such functions as are assigned to it by the Pacifica Foundation Governing Board and shall otherwise comply with the requirement of Section 396(k) of the Communications Act.
Minimum compliance with the Act mandates that the Governing Board must:
A. 1. establish a community advisory board.
2. undertake a good faith effort to assure that:
LIMITS OF AUTHORITY
1. In no case shall the LAB have any authority to exercise control over the day to day
management or operations of the stations.
2. Harmony with the Governing Board.
The LAB shall have duties, responsibilities and powers as derived from the Pacifica by-laws, policies or other statements of the Governing Board. No actions may be taken by the LAB that would pre-empt, in whole or in part, the authority or responsibility of the Governing Board.
REMOVAL of a LAB member shall be either by the Executive Committee of the LAB of by a 2/3 majority vote of LAB members present and voting at a regular or special meeting of the LAB. Written notices shall be given at least 15 days before the meeting to all LAB members specifying the proposed removal and stating, in general terms, the grounds for dismissal. If the LAB fails to remove a non complying member, the Chair of Pacifica's Governing Board may exercise the removal. A LAB member mat be removed for the following reasons:
STATION PERSONNEL Station personnel may serve as ex officio non-voting members of the LAB. Station personnel are defined by the Governing Board as those who are paid a regular salary, or those volunteers who have a regularly scheduled program or who work more than 5 hours per month in programming or in administration on a regular basis. Station personnel who are serving as of this date (3/1/98) may retain their vote until the end of their existing term at which their voting rights are non-renewable.
GENERAL MANAGER The General Manager serves as an ex officio non-voting member of the LAB. With the LAB Chair the General Manager coordinates and supports the work of the LAB.
ELECTION Each new member shall be elected by a majority vote of the attending members of the LAB for a term of three years. No member shall serve for more than two successive terms.
OFFICERS AND COMMITTEES There shall be at least a Chair, a Vice Chair, and a Secretary. The standing committees of the LAB are the following: Community Needs Assessment, Development and Membership/Nominating. In addition, LABS may create other committees which are consistent with their function. Chairs are appointed by the LAB Chair with the approval of the LAB. Each LAB Chair will serve on the Council of Chairs which will be convened at least three times a year by the Pacifica Governing Board Chair prior to regular Governing Board meetings.
NOMINATING PROCESS The Membership/Nominating Committee recommends candidates
for membership on the LAB as needed. It nominates officers as well. Candidates
will be selected from the station signal area. The Membership/Nominating
Committee will assure that the composition of the LAB nominees reasonably
reflects the diverse needs and interests of the local communities served.
In selecting members, LABs should keep in mind the need to provide a strong available group of LAB candidates for the governing board, as well as a strong LAB.
In addition to the primary skills needed to participate in the community needs assessment, including strong community ties, experience with survey skills and community organizing, the following should be kept in mind:
For development: experience with non-profit finance, public relations or communication, private philanthropy, or an individual who is a foundation funder, planned giving attorney/specialist etc.
For the membership/nominating committee: community activists, experience with media and/or organizational development.
Other skills: expertise in public policy and the current state of public broadcasting. The LAB will regularly establish its criteria for membership. Financial, development, legal, and management experience, as well as ethnic, economic and geographical criteria will be considered during recruitment. 50% of the membership must be people of color, including but not limited to, African Americans, Asian Americans, Native American Indians and Latinos.
The committee will:
NOMINATION TO THE GOVERNING BOARD The LAB may nominate two members to the Governing Board. A Governing Board term is three years with a limit of two consecutive terms. The National Representative's term on the LAB can be extended to allow for two terms to the National Board. LAB chairs may not serve on the Governing Board.
In order for nominees to be reviewed before the Governing Board meeting where the nominee is to be voted on, resumes or biographical sketches will be sent to the Secretary of the Governing Board at least two months before the Governing Board meeting. A biography and a statement of how the person was selected, the vote and the duly noticed meeting where the nominee was selected will be mandated. These nominees will be evaluated by the Secretary and the Chair of the Governing Board in order to ascertain they meet the eligibility criteria.
EX OFFICIO MEMBERS Current at-large members of the Pacifica Governing Board residing in the station's signal area are ex officio non-voting members of the LAB
MEETINGS The LAB shall meet on a regular basis no less often than quarterly, as called by the Chair. The meeting shall have a quorum, which consists of 50% of its voting members.
OPEN MEETINGS The LAB shall hold open meetings. Reasonable notice to the public shall be given either on the air, on bulletin boards or in station publications. All persons shall be permitted to attend any meeting of the LAB.
The Station Manager must be informed at least 10 days prior to a meeting in order to notify the public. Meetings will be scheduled at a consistent time i.e. every third Monday of every month.
Guidelines for open meetings
COUNCIL OF CHAIRS REPRESENTATION
The LAB chair in the signal area where the Governing Body is holding its meeting will participate in the meeting on behalf of the Council of Chairs as a non-voting participant.