The following letter was sent to KPFA Business Manager Maria Negret, KPFA General Manager Quincy McCoy, KPFA Program Director Laura Prives, Pacifica IED John Proffitt, and National Election Supervisor L. Joy Williams.
To Maria, Laura, Quincy, John, Joy:
First of all, thanks for helping us get the ball rolling.
Regarding the list of those eligible to vote in the upcoming Local Station Board election by virtue of their membership in KPFA’s Unpaid Staff Organization (UPSO):
1) The date of record for membership is July 14th. Unpaid Staff who are not eligible now can still become eligible by contributing the requisite number of hours between now and then. We therefore cannot legally produce a list of eligible KPFA UPSO voters between now and then. This is specified in the 2015 Election Calendar on the Pacifica website:
“Voter Date of Record: July 14th
You must be a member of Pacifica by this date to be eligible to vote.”
2) Neither the Pacifica by-laws nor the KPFA UPSO by-laws require KPFA UPSO Councilors to submit KPFA UPSO’s list of eligible voters to anyone but the Pacifica National Elections Supervisor.
3) Neither the Pacifica by-laws nor the KPFA UPSO by-laws, nor the 2015 Pacifica Election Calendar require KPFA UPSO Councilors to submit a list of eligible UPSO voters before August 29th, the date that ballots are to be mailed out. We resolved, nevertheless, to submit the list as soon as possible after July 15th, the first date we could legally do so, and decided to make August 1st our target date. Here is the entire 2015 Pacifica Election Calendar Schedule posted on the Pacifica website:
“2015 Election Calendar
Save the dates and mark your calendars for these important election dates.
Candidate Nominations Open: June 15th
Candidate Nominations Close: July 14th
Voter Date of Record: July 14th
(You must be a member of Pacifica by this date to be eligible to vote.)
Ballots Mailed/Online Voting Begins: August 29th
Ballot Return Deadline/Online Voting Ends: October 22nd
Ballot Count & Election Certification: November 6th*
*if a station does not meet the required quorum, this date may be extended by up to 4 weeks”
3) At KPFA, Unpaid Staff are eligible to vote in the LSB election if they have volunteered 30 hours, exclusive of telephone fundraising time, in the twelve months preceding the end of the day on July 14, 2015, the voter date of record for this year’s election. This is in accordance with these sections of the Pacifica By-laws and the KPFA UPSO By-laws, as follows, with relevant text boldfaced in red.
"Article Three, Members of the Foundation, Section 1: Members Defined
B. STAFF MEMBERS
"Staff Members" shall be: (1) any non-management full-time or part-time paid employee of a Foundation radio station; or (2) any member of a Foundation radio station "Unpaid Staff Organization" or "Unpaid Staff Collective Bargaining Unit" which has been recognized by station management, or, if the station has neither such organization or bargaining unit, then any volunteer or unpaid staff member of a Foundation radio station who has worked for said radio station at least 30 hours in the preceding 3 months, exclusive of fundraising marathon telephone room volunteer time."
KPFA Unpaid Staff Organization (UPSO) By-laws
“SECTION TWO: MEMBERSHIP
2.1 Membership shall be open to people who have worked at the station for at least 30 hours in the past 12 month period, provided they are not part of management, are not members of KPFA’s unionized bargaining unit and are not eligible for benefits.
2.2 The Unpaid Staff Organization Council shall determine who meets the requirements for membership.
2.3 Members may vote in the organization’s elections.”
The UPSO Council met this evening, 05.26.2015, to work on establishing eligibility and gathering contact information in accordance with the by-laws.
Passed 05.25.2015, by UPSO Councilors Ann Garrison, Adrienne Lauby, and Shahram Aghamar, with Tim Lynch dissenting because he felt the letter was overly legalistic.