Richard Uzzell

Reese and her supporters lose in court, again

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On September 17, Alameda County Superior Court Judge Ioana Petrou made two more rulings in favor of the new leadership at Pacifica, the nonprofit that owns KPFA, following a series that began in May.

Petrou granted a demurrer against the lawsuit brought by Pacifica Directors for Good Governance (PDGG), a group of Pacifica National Board members who supported terminated executive Summer Reese‘s attempt to seize Pacifica’s national office by force. The ruling gave PDGG 10 days to fix the legal deficiencies in their lawsuit, or have it thrown out. The 10 days are now up, so their lawsuit is basically dead.

The board members behind the PDGG’s lawsuit were Janet Coleman (WBAI), Carolyn Birden (WBAI), Manijeh Saba (WBAI), Luzette King (WPFW), Richard Uzzell (KPFT), Kim Kaufman (KPFK), Janet Kobren (KPFA), Heather Gray (affiliate station) and Janis Lane-Ewert (affiliate station).

Along the way, court filings regarding a falling out that the PDGG had with their attorney, Amy Sommer-Anderson, indicated that they ran their lawsuit much the way they had run the Pacifica network when they were in charge of it — by running up large bills they had no plans to pay. Sommer-Anderson filed to have herself removed as counsel because PDGG owed her more than $20,000 in overdue costs and attorneys’ fees.

Judge Petrou also rejected a demurrer from Summer Reese in the action that Pacifica brought to get a court order forcing her to abandon the offices inside which she had barricaded herself.  The court also rejected a motion from Reese, representing herself, to disqualify Judge Petrou from hearing the case — on unspecified charges of prejudice.

Pacifica board votes 11-5 to censure Gray and Uzzell for role in secret contract

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gotethicsThe Pacifica National Board (PNB) voted 11-5 on August 14 to censure members Heather Gray (affiliates rep) and Richard Uzzell (KPFT) “for the illegal, unauthorized, and irresponsible act of signing a secret contract with the former Interim Executive Director Summer Reese, which they dated January 30, 2014 and in which they made promises that exceeded the terms approved by the PNB, and which a judge has affirmed is invalid. Their action, the ill will and controversy it caused, and the continuing costs to defend against a lawsuit in which the false contract was used have caused serious damage to the Foundation.” | BACKGROUND on the secret contract here

During discussion of the motion made by board member Adriana Casenave (KPFT), SaveKPFA member and elected Pacifica financial chair Brian Edwards-Tiekert (KPFA) called their actions “an astonishing abdication of any commitment to the well-being” of Pacifica. The five members who voted against the censure motion were Heather Gray (affiliates), Richard Uzzell (KPFT), Janet Coleman (WBAI), Janet Kobren (KPFA) and Kim Kaufman (KPFK). | LISTEN to audio of Edwards-Tiekert (1:30 min); the entire board discussion is near the end this recording.

Uzzell is currently facing an effort to recall him from the Pacifica National Board at his home station of KPFT in Houston. Gray will face re-election in December, when the same board that voted to censure her will decide whether she can continue to represent Pacifica’s affiliate stations.

RELATED STORIES:  Pacifica: putting the pieces back together (includes financial report) | Lawyer representing board minority jumps ship | Finally, local control at KPFA

Judge denies TRO to Pacifica board members backing terminated executive

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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.