Pacifica treasurer Tracy Rosenberg filed suit last month to halt the recall vote count, charging that Pacifica had delayed the vote too long. The recall was initiated nearly a year ago when over 800 KPFA listeners signed SaveKPFA petitions demanding a recall vote on Rosenberg. Over our repeated protests, Pacifica delayed the recall election past December 31, 2011 — which was the date called for in its own rules and bylaws.
Now Rosenberg is asking a judge to throw the recall out, and for Pacifica to pay her attorneys’ fees, because of the delays. But Pacifica’s legal counsel Andrew Gold writes in an August 27 brief to the court that Rosenberg “is complicit in the actions of the PNB that caused the delay in the selection of an election supervisor and thus the delay in the distribution of ballots. As a result, she cannot benefit from that delay.”
“Plaintiff Rosenberg participated in all of the PNB meetings where the recall election was discussed,” writes Gold, “and personally opposed one of the proposed election supervisors….Despite her intimate knowledge of the procedures, and her involvement in all of the decisions being made, Ms. Rosenberg never objected to the delay in appointing an election supervisor, never raised any issue concerning the record date…and never questioned the timing of the distribution of the ballots. Instead, she waited until the very end of the process to file her complaint.” | READ MORE at the court’s website; enter case number RG12641585. (Gold’s brief is dated 8/27/12 and titled Opposition to Application for Preliminary Injunction Filed.)
NOTE DATE CHANGE: The case will be heard on Tuesday, September 11 at 2:30pm in D-514 in the Hayward Hall of Justice (directions). The public is welcome to attend, so mark your calendars!
In early August, a large number of ballots was picked up by the election supervisor from the Berkeley Post Office, and as witnesses watched, transferred under court order to safe deposit boxes at nearby banks (see photo here).