2009-03-23 Elections Committee Minutes

ELECTIONS COMMITTEE MINUTES

23 MAR 2009, 8:30 p.m. Eastern

via teleconference

TO DO LIST

    * Per the Acting E.D.'s request, this committee is to draft
policies for recruiting candidates, rotating CARTs, enforcing compliance
by GMs and PDs.
    * Someone must bring the Motion to Rescind to the PNB
    * Bob will circulate policies re engaging the membership & the
integrity of the staff & membership list to the Acting E.D. and the rest
of the committee.
    * Yosh will draft & circulate questions for the iFC re limiting
litigation liability by shifting liability to the NES
    * Bill will share his comparisons of Maerriman's initial and
supplemental bids.
    * Yosh will send Yahoogroup invitations to Grace and Shawn

Present:  Westley Bethune (KPFT LSB), Carolyn Birden (WBAI PNB), Jim
Brown (WPFW PNB), Steve Brown (WBAI LSB), Bill Crozier (KPFT LSB),
Anthony Fest (KPFA LSB), Tracy Larkins (KPFK LSB), Bob Lederer (WBAI
LSB), Efia Nwangaza (Affliate PNB), Wendy Schroell (KPFT PNB), Bonnie
Simmons (KPFA PNB), Yosh Yamanaka (KPFK LSB).

Absent:  Warren Mar (KPFA LSB), Bonnie Simmons (KPFA PNB).

Guest:  Grace Aaron (PNB Chair and acting E.D.)

AGENDA (as amended below)

1.  Approval of agenda

2.  Process for election of chair and secretary (10 min.)

3.  Approval of meeting minutes (5 min.)

4.  Meeting schedule:  fixed days of each month? (10 min.)

5.  RFP Working Group

         A. Report on bidder interview process (5 min.)

         B. Implications of PNB motion changing relationship of NES and
vendor (30 min.)

         C. Next step with bidder review/recommendation process (Note:
discussion of

                         specific bidders will be held until executive
session) (15 min.)

         D.  NES & litigation liability (10 min.)

         E. Pros and cons of hybrid election (mail-in ballots plus
electronic voting) (25 min.)

6.  Update the 2004 manual for NES and LESes (10 min.)

7.   Working group reports

       A. Membership lists: cleanup (10 min.)

       B.  Cost-savings - proposal to extend delegate terms to 4 years
(10 min.)

       C.  Staff lists -   Implementation of motion passed but not acted
upon:  (10 min.)

Motion:  The Elections Committee strongly recommends that the PNB direct
the interim Executive Director to direct the General Managers to update
their membership lists every three months. The list updating shall be
implemented within 30 days of PNB approval. Further, the prior PNB
motion of 28 NOV 2005 is hereby amended from requiring a membership
update every month to an update every three months.

8.  Old Business

      A. Motion on arbitration of disputes on unpaid staff lists (see
text at bottom) (15 min.)

9.  New Business

        A.  Changes to MEMSYS that we want to request/recommend (Carolyn)
(5 min.)

        B.  Motion re campaign finance reform (20 min.)

10:00 PM - Adjourn to Executive Session to discuss particulars of RFP
bids

10:45 PM - Adjourn Executive Session

Officer elections postponed pending results from WPFW.  Bob Lederer
continued as chair pro tem; Yosh Yamanaka continued as secretary pro
tem.

Minutes for January 12 and March 2, 2009 were approved as re-circulated
on March 23.

Next meeting dates:  Monday, 30 MAR 09 at 7:30 p.m. Eastern (4:30 p.m.
Pacific) and Monday, 20 APR 09 at 8:30 p.m. Eastern.

Adopted rule:  The Elections Committee will meet on the 3rd Monday of
each month at 8:30 p.m. Eastern (5:30 p.m. Pacific) beginning May 18.

The Bidder Interview Process was described by Anthony.  The Election
Mgmt Svcs working group ranked the four remaining bids, then interviewed
the 3 rated the highest. bidders.

Implications of the PNB motion changing the relationship between NES and
the vendor:  One opinion is that the change creates additional problems
and as such, the earlier PNB motion should be rescinded.  To the
contrary, there is a potential conflict of interest if the NES/employee
of the vendor had to choose between his/her employer and Pacifica.
However, there is also the danger that the NES might be influenced by
the E.D.  An Election Mgmt vendor would have a vested interest in
conducting a fair election.  In the past, there has been a perception of
bias and lack of professionalism on the part of the NES/LESes.  There
have been problems with the LES failing to comply with the NES's
instructions.  We have a way of holding the vendor accountable and a
reputable company is the better choice.  Past elections have failed to
recruit candidates, thereby undermining our democratic ideals.  It is
doubtful that a vendor would stick its neck out to be politically
active.  However, it is up to Pacifica to lean on GMs, PDs and producers
and it is up the GM to mobilize our members.  It is really important
that there be a good working relationship between the NES and the LESes.
It is critical that we hire an NES with sufficient experience and great
integrity, then get a vendor that the NES can work with.  Perhaps there
should be negotiations between the NES and our selected vendor.

The Acting E.D. requests that this committee craft a consistent
network-wide policy for recruiting candidates, rotating English &
Spanish CARTs, and documenting such rotation as well as enforcement
mechanisms for compliance by GMs and PDs.

MOTION:  The Elections Committee recommends that the PNB rescind the
motion adopted on March 8, 2009 regarding the independence of the NES.
(Passed 7:4:0)

The Acting E.D. asked that Bob forward to her and the rest of the
Committee any proposed or adopted policies re engaging the broadest
possible membership in our elections, the integrity of the staff and
membership list.

Yosh's motion:  The Elections Committee shall review and rank the
three vendors and  NESes and forward its recommendation together with
comments pro and con to the PNB and the Acting E.D.  (Was not voted upon
as discussion got side-tracked by the lengthy discussion on a
replacement seating from KPFK.)

MOTION:  Shawn Casey O'Brien shall be seated on the Elections
Committee at this time.  (Failed 5:5:1)

MOTION:  The Elections Committee will provisionally seat Shawn Casey
O'Brien and allow him to provide input on the Working Group's
recommendation while final seating by the PNB is pending.  (Passed
10:0:1)

Litigation liability:  Yosh will draft and circulate several written
questions which will then forwarded in a few days to the Acting E.D. for
the interim Foundation Counsel's legal opinion.

Hybrid balloting:  Several of our stations are already harvesting e-mail
addresses from listeners.  One station has e-mail addresses for 40% of
its membership.  Not only would e-mail communication save costs (from
the $210k spent in the last election cycle exclusive of litigation
costs), it would provide ancillary benefits the stations.  Will members
accept e-mail contact for election materials and/or ballots?  All of the
responding vendors are already geared up for hybrid elections.  We can
send a postcard which asks the member to vote online or request the
mailing of their ballot and/or candidate pamphlets.  We should provide
incentives for members who vote online (e.g. by raffling of prizes,
etc.).  We should encourage GMs to begin harvesting e-mail addresses
immediately if they are not already doing so.  Optout would be fairer to
members who are not online.  Online communication provides an
opportunity to get feedback from our members.

Bill will compare & contrast the initial and amended bids from Merriman
River Group.

Yosh will send Yahoogroup invitations to Grace and Shawn.

Recessed until Monday.  Submitted 24 MAR 09 by Yosh Yamanaka, secretary
pro tem.


             ADDENDUM

Motion on arbitration of disputes on unpaid staff lists

The Elections Committee strongly recommends that the PNB adopt the
following motion to set up an arbitration method to resolve disputes
about who is qualified as an unpaid staff voter:

Whereas, according to PNB Resolution 387, approved 11/28/05 (as amended
on 12/21/08), at stations that have no Unpaid Staff organization or
Unpaid Staff Collective Bargaining Unit, "primary responsibility [over
the unpaid staff roster] rests with the General Manager" and at stations
that have an Unpaid Staff organization or Collective Bargaining Unit,
"primary responsibility for the maintenance of this roster shall be
assigned to an individual designated by the Unpaid Staff Organization or
Unpaid Staff Collective Bargaining Unit, but the General Manager may
exercise authority to insure its accuracy," and

Whereas, in neither such case is there mention of an appeals process,

Therefore, be it resolved that:

1. At stations where a Unpaid Staff Union or Unpaid Staff organization
exists, the authentication of the Unpaid Staff list shall be a joint
process between that body and Management. In cases where differences
exist, an appeals process shall be set up for arbitrating differences
about the eligibility of Unpaid Staff to vote. One member of this
arbitration panel shall be appointed by the Union or Unpaid Staff
Organization, one by Management, and a third member agreeable to both
parties shall be selected.

2. At stations where no such union or staff organization exists, in
cases where a person claiming unpaid staff status disagrees with a
decision by Management, the arbitration panel shall consist of a
representative of the Unpaid Staff person(s), a management designee, and
a third person agreeable to both parties. The Unpaid Staff
representative(s) in this instance would be chosen by a 2/3 vote of all
Unpaid Staff whose ballots are challenged, and may be one or more of
their number.


************************************************

For reference: PNB Motions Passed 11/28/05

387)

Part A - Motion as amended.  That the General Managers of each Pacifica
station shall maintain a roster, updated monthly and retained for 12
months, of the individuals who qualify as staff members under the bylaws
criteria for stations with no Unpaid Staff organization or Unpaid Staff
Collective Bargaining Unit. Authority over sections of this unpaid staff
roster may be delegated, but primary responsibility rests with the
General Manager and the IED will be asked to implement a standardized
procedure.

388)

Part B - Motion passed.  That the General Managers of each Pacifica
station with a recognized Unpaid Staff Organization or Unpaid Staff
Collective Bargaining Unit shall maintain a roster, updated monthly and
retained for 12 months, of the individuals who have been qualified as
staff members by that Organization or Unit and the basis of the
qualification in each case. Primary responsibility for the maintenance
of this roster shall be assigned to an individual designated by the
Unpaid Staff Organization or Unpaid Staff Collective Bargaining Unit,
but the General Manager may exercise authority to insure its accuracy.