Pacifica asks judge for TRO to remove Reese from its office

kpfamikeguitarThe Pacifica Foundation has asked the Alameda County Superior Court for a Temporary Restraining Order to remove former executive Summer Reese and her supporters from the Pacifica National Office in Berkeley, next door to KPFA. [Update: the court has continued this case to May 6 at 10am]

After a new majority took control at the Pacifica National Board this spring and terminated her employment, a disgruntled Reese broke into the office with bolt cutters and began sleeping there with her mother and a handful of supporters, illegally blocking the network’s elected directors from access, making wild accusations, and preventing the network from conducting business.

The case will be heard by Judge Ioana Petrou on Monday, April 28 at 9:00 AM in Dept 15 of the County Administration Bldg, 1221 Oak Street (3rd floor), downtown Oakland. SaveKPFA supporters are encouraged to attend.

“The Board and the public are suffering irreparable damage,” notes the legal case filed by the Pacifica Foundation on Friday, causing a “loss of good will, donations, and work hours.” It states that Reese’s actions “unquestionably violate state law and local ordinances,” and that Pacifica’s board sought the assistance of the Berkeley Police Department, which “after weeks of considering the matter, requested that [Pacifica] obtain a Court order to abate the nuisance.” |LEGAL DOCUMENTSMemorandum for TRO, Yee declaration, Wilkinson declaration, Verified cross-complaint, Application for TRO, Order to show cause

The complaint also notes that Reese and her supporters have prevented Pacifica’s elected chair, Margy Wilkinson, and its CFO, Raul Salvador, “from having access to the accounts payable and financial data to begin the Foundation’s audit….”

“The havoc caused by Reese and her supporters could very well bring this financially-fragile network down,” said Donald Goldmacher, a member of KPFA’s Local Station Board, and producer of the film Heist: Who Stole the American Dream?

Pacifica responds to lawsuit from 9 Reese supporters, says case has no merit

Pacifica’s board has also filed a response to a rambling lawsuit from 9 Reese supporters, who last month slapped the network with the suit in an attempt to force it to rehire Reese. Those 9 Reese supporters lost the first round, when Superior Court Judge Ioana Petrou denied them a TRO on April 9.

The Pacifica board’s response starts with a clear statement of facts about Reese’s employment and why she was terminated. It states Reese was not in possession of a valid contract because several preconditions were not met. The contract she has publicly released, Pacifica’s response states, signed by two of her supporters, was not authorized by the national board, and when presented to the full board for a vote, was rejected.

Pacifica’s response also points out many logical inconsistencies in the Reese supporters’ case. For instance, that they failed to follow basic procedures set out in the organization’s bylaws for remedying disagreements, which are supposed to be taken up by the board itself before landing in a court of law. And that in suing Pacifica, the 9 Reese supporters are effectively suing themselves since they sit on the Pacifica board. | LEGAL DOCUMENT:  Response to pro-Reese lawsuit

As Pacifica National Board chair Margy Wilkinson has said, she hopes the judge’s initial ruling against the 9 pro-Reese directors would encourage them “to express dissent with their voices and their votes, not litigation. Pacifica is in a fragile state, and can’t afford the time or expense of this lawsuit.”

So far, over 800 of Pacifica’s listeners and staff have signed an open letter essentially saying the same thing. Signers include Sasha Lilly, co-host, Against the Grain, former Pacifica National Affairs correspondent Larry Bensky, UC faculty Candace Falk and John Hurst, free speech activist Lynne Hollander Savio, community activist Ying LeeUpFront’s Brian Edwards-Tiekert, former Pacifica board chair Sherry Gendelman, KPFA’s Aileen Alfandary, labor journalist David Bacon, PM Press founder Ramsey Kanaan, Alameda County School superintendent Sheila Jordan, KPFA’s Philip Maldari, former KPFA GM Jim Bennett and former KPFA iGM Andrew Phillips, KPFK’s Jim Lafferty of the Lawyer’s Guild Show and Ian Masters of Background Briefing, KPFA programmers Sandy Miranda, Derk Richardson, Saadia Malik, David Gans, Tim Lynch, Vanessa Tait, Judith Scherr, Richard Wolinsky and many, many others.

Many have added comments, like KFCF listener Richard Stone“KPFA has been a broadcasting treasure, Pacifica its caretaker,” Stone writes to the pro-Reese group. “Do not destroy this bastion of radio sanity by selfish action.”

Judge denies TRO to Pacifica board members backing terminated executive

gavelToday, 9 members of the Pacifica National Board tried to convince an Alameda County Judge to overturn the actions of the democratically-elected majority sitting on that board. They lost.

The plaintiffs are Janet Coleman (WBAI), Carolyn Birden (WBAI), Manijeh Saba (WBAI), Luzette King (WPFW), Richard Uzzell (KPFT), Kim Kaufman (KPFK), Janet Kobren (KPFA), Heather Grey (Affiliates) and Janis Lane-Ewert (Affiliates). They were out-voted when the new Pacifica majority began making changes last month, such as renewing its programming and listener base, and terminating interim executive director Summer Reese, who reacted by breaking into Pacifica’s offices with bolt cutters and refusing to leave. Coverage appeared in the San Jose Mercury News and Reuters, among other places.

Those suing had gone to court without following basic due process requirements: they didn’t communicate their intent to file a lawsuit beforehand; they didn’t even serve notice on the board members they are suing.

They had so badly mangled the procedural part of filing the lawsuit, that Judge Ioana Petrou didn’t even get into the merits of their argument. She denied their motion for a Temporary Restraining Order, and scheduled the next phase of the lawsuit — a preliminary injunction hearing — for May 6.

At one point, the plaintiffs’ attorney, Amy Sommer Anderson, asked for more time. “On very short notice, you put this on my calendar” the judge chastised her.

Pacifica National Board chair Margy Wilkinson said, “I hope today’s decision will encourage the plaintiffs to express dissent with their voices and their votes, not litigation. Pacifica is in a fragile state, and can’t afford the time or expense of this lawsuit.”

Hundreds of Pacifica’s listeners apparently agree, as they are signing and commenting on a petition demanding Reese and her supporters respect the majority’s decision.

Some still clinging to the past

Reese using a bolt cutter to break into Pacifica's offices
Reese using a bolt cutter to break into Pacifica’s offices

[UPDATE 4/9/14 @10:05 am: The national board minority’s attempt to get a Temporary Restraining Order to allow Reese to keep her job has been DENIED by the Alameda County Superior Court. More news as we have it.]

Pacifica’s former interim executive director, Summer Reese, remains barricaded in her former office, which she broke into with bolt cutters four days after the elected Pacifica National Board voted 11-7 to end her employment. In violation of California law, she’s still illegally blocking elected members of Pacifica’s Board of Directors from entering the premises to look at financial records.

Over the past week, Reese made moves to sabotage Pacifica’s funding from the Corporation for Public Broadcasting by complaining to the organization’s Inspector General about financial problems that either took place while she was running the organization, or that she failed to fix during her tenure. Reese has also signed a lengthy declaration as part of vague, rambling lawsuit against Pacifica brought by her supporters on the national board (Carolyn Birden, Janet Coleman, Heather Gray, Kim Kaufman, Luzette King, Janet Kobren, Janis Lane-Ewart, Manijeh Saba and Richard Uzzell).

Not coincidentally, on the day those board members filed suit against Pacifica, they also filibustered a meeting of the Pacifica National Board that was intended to retain counsel for the foundation — an apparent attempt to sabotage the foundation’s ability to defend itself. National board members reported that the litigants were so disruptive in the closed portion of the meeting that they prevented the board from even approving its agenda before its mandatory adjournment time.

Terminated interim executive Summer Reese and her supporters have been generating prodigious amounts of misinformation, from wild allegations of corruption that she never raised before her termination, to breathless reports of police interventions that never actually occurred. The treasurer of the KPFA local station board has released a statement rebutting Reese’s charges of financial improprieties. All of KPFA’s financial information is publicly available.

SaveKPFA has prepared a concise Q&A that cuts through the smoke and deliberate obfuscation that seem to be a standard part of Reese’s game plan. The Q&A is also available as a PDF flyer you can download and distribute.

What you can do: Join the over 600 Pacifica network staff and listeners who have signed this open letter demanding Summer Reese leave peacefully. Signatories include former Pacifica National Affairs correspondent Larry Bensky, community activist Ying Lee, KPFA’s UpFront’s Brian Edwards-Tiekert, former Pacifica board chair Sherry Gendelman, KPFA’s Aileen Alfandary, labor journalist David Bacon, Alameda County School superintendent Sheila Jordan, KPFA’s Philip Maldari, former KPFA GM Jim Bennett and former KPFA iGM Andrew Phillips.

Comments by petition signers have been pointed. Listener Benjamin Balthaser wrote, “I am embarrassed by the actions of Reese and hope the station returns to its mission of providing critical and informative programming.” Lee Block wrote, “Pretty selfish of you to bring down the whole network because you feel dissed. You’re as bad as a Koch Brother.”

“This destructive behavior serves no purpose,” noted listener Saraswathi Devi. Listener and Free Speech Movement activist Lynne Hollander Savio captured the conclusion many observers have reached: “Unbelievable behavior, which just confirms the wisdom of the Board’s decision.” You can add your own name and comments here. | DOWNLOAD PDF FLYER OF OPEN LETTER