Monday, June 24, 2013

Count Down to KBOOM Board Meeting! Part 1: Prez tries to Suppress Mis-Use of Funds

From forwarded email:

---------- Forwarded message ----------
From:
Date: Sun, Jun 23, 2013 at 10:17 PM
Subject: KBOO Agenda Item To Remove Board President For Mis-Use of Funds.
To: newsroom@oregonian.com, bwalth@wweek.com, news@portlandmercury.com, pmnews@kboo.org, editor@theportlandalliance.org, ThePortlandAlliance@gmail.com, njaquiss@wweek.com, amesh@wweek.com, adamewood@wweek.com, stevelaw@portlandtribune.com, jimredden@portlandtribune.com
Cc:

After KBOO's last Board election last September, KBOO's Board President had some serious concerns and, without the required authorization from the Board, contacted Sussman Shanks to request he be faxed confidential and privileged information which he had no right to ask for, or to have. I have 3rd party information (and am waiting on written confirmation) that a lawyer at firm stated that the Board President has violated attorney/client privilege by acting without the Board's authorization.
The Board President made no effort to ask for Board authorization. If he had, he would have learned that the Executive Director had already discussed the matter the Board President was concerned about had already been discussed with a lawyer at the firm and she had been advised to do nothing. Instead, the Board President, acting on his own, obtained confidential, privileged information, without authorization, and presented it to the Board. The Board, wisely, took no action on the Board President's concerns.

Acting on the concerns of almost half of the Board about the actions of the Board President, the Board's Governance Committee looked into this matter and found that as well as acting without authorization, the Board President mis-used KBOO Foundation funds by spending them unnecessarily. A report to this effect was presented to the board in closed session at a prior meeting, to allow the Board to fully discuss the circumstances behind the Board President improperly obtaining privileged and confidential information. However, this is an official report to the Board from a Board committee, discussed in open sessions of the Committee and part of the public record of those Committee meetings. It contains no confidential information. It will be presented at an open session of the Board and made a part of the legal record of the corporation, as required by state law. The Board President has directed Board members to not release this already public report to anyone. I've informed him that there will be no cover-up of his mis-use of KBOO funds. The report is attached. 

The Board President has repeatedly said in his defense that KBOO has money in the budget for legal fees. That is true. However, these funds are not his to spend without Board authorization. Also, the budget has no money allocated for wasteful spending.

There is a motion of the agenda of the KBOO Board meeting on Monday to require the Board President to repay the amount he caused KBOO to be billed without authorization and unnecessarily. I now have 3rd party information (and am waiting on written confirmation) that as a result, the Board President once again contacted Sussman Shanks and requested they fax him a copy of what KBOO was billed for his use of the firms time. The lawyer at the firm is reported to have been puzzled by this request, as KBOO has already been billed and the information can be had by asking the Executive Director, Lynn Fitch. Ms. Fitch has stated the amount billed to KBOO due to the Board President's unauthorized actions totaled $1500.

Had the firm had responded to the Board President's request for a copy of this bill, KBOO would incurred additional charges  -- another wasteful and unauthorized expenditure. For these reason, I will move that the Board President be removed from the Board for his repeated violations of Board policy and his mis-use of KBOO funds.

The KBOO Board meeting is at 6pm on Monday June 24th. Normally held at KBOO, the meeting will be held this month at the Jupiter Hotel at 800 E. Burnside, in the Dream Box room. 
The Board President has directed Board members to not release this already public report to anyone. I've informed him that there will be no cover-up of his mis-use of KBOO funds. The report is attached. 


From report:



A Report To the Board of Directors of the KBOO Foundation
From the Governance Committee:
Hadrian Micciche - Chair
Matthew Bristow - Secretary
Jeff Kipilman
Michael Papadopoulos
Rabia Yeaman
April 22, 2013
In the matter of the Board President's unauthorized spending of KBOO funds for legal fees, the Board authorized the payment of these bills, in order to satisfy the auditors. However the Board has not, to our knowledge, made any inquiry or determination whether the Board President brought harm to the Foundation by his una uthorized spending. The GovComm is aware of the concerns of several members of the Board who are not aware of any such inquiry or determination. Looking to the official record of the Board, our minutes, we can find no information on this question.
The Board of Directors of the KBOO Foundation would be derelict in its duty of oversight if we did not ask, and did not have answered this basic question: "Was money wasted by the Board President in his unauthorized use of the time of KBOO's lawyers?" We would not be acting with care if we did not have entered into the legal record, our minutes, the fact that we asked for, and did receive an answer to this question from the person in the position to make such a determination, the Executive Director.
The GovCom asked the Executive Director if she would be willing to provide to the Board a written response to the following questions. Here is her response.
1. Would you have authorized the Board President to incur these bills, had you been asked?
ED: I would not have asked the Board President to contact legal counsel in September 2012 and incur the legal expenses which KBOO was invoiced for during that month.
2. Was there wasteful spending by the Board President?
ED: Yes, the issues in question were not an emergency, were reactive and fear-based and could have been avoided by being more patient and prudent. and, if so,
3. How did this wasteful spending harm the Foundation?
ED: These unnecessary legal expenses have had a serious negative impact on our already tight budget for FY13.
The Executive Director also stated: "I am happy to provide any emails I have which substantiate my comments. The legal costs I am commenting on happened before the EAS situation in October.
We ask that these questions and the Executive Directors response be entered into our legal record, the minutes of the KBOO Board.
The issue now before the Board is whether the serious negative impact on our budget has caused harm to the Foundation at a level meriting the removal of the Board President from the Board, for cause. The GovComm recommends that the Board also request that research be done to see if it is possible and warranted to seek reimbursement from the Board President for this wasteful unauthorized spending.


So.....Conser doesn't think he's done anything wrong, but at the same time doesn't want anyone to know about it.


Sounds like business as usual at the Inner Party!!!!!


-MT



A note to "leakers": try to tell us what info should and shouldn't be released.  Otherwise we err on caution.  FYI


FULL COUNTDOWN LINKS:


http://savekboofromsavekboo.blogspot.com/2013/06/count-down-to-kboom-board-meeting-part.html

http://savekboofromsavekboo.blogspot.com/2013/06/count-down-to-kboom-board-meeting-part_24.html

http://savekboofromsavekboo.blogspot.com/2013/06/count-down-to-kboom-board-meeting-part_189.html

http://savekboofromsavekboo.blogspot.com/2013/06/count-down-to-kboom-board-meeting-part_6152.html

14 comments:

  1. Some comments from Our Leader and allies during these troubled times:

    savekboo says:
    June 22, 2013 at 4:02 am

    “Get a Clue,” this is about moving forward with radical dissenting radio. It isn’t about my friends. Hadrian just shot all his guns at once, and they all blow corks on little strings. I’m grateful to him for showing what he’s really about, though.


    Emerald Goldman says:
    June 23, 2013 at 4:29 pm

    It seems to me crucial that the save KBOO faction send communications to the same sources (oregonian, etc) that Hadrian emailed so they’re getting both sides. Also, does anyone at KBOO have contacts at Oregonian & Willamette Week since these contacts might be more sympathetic?

    Also, has anyone researched Hadrian’s background? Could he have ties to a corporation or other organization that would like to see KBOO go away? If so, exposure of this, would probably help defeat his attempts to destroy KBOO.

    Also, suggestion: require board members & candidates to listen to a minimum # of hours of KBOO public affairs programming including at least 1 show by & about interests of concern to people of color. If this is not possible, in the voters’ pamphlet, ask candidates how many hours they listen to KBOO public affairs programming.

    Finally, KPFK was also taken over by conservatives a few years ago. I believe they succeeded in defeating this takeover. If so, some of their strategies might be useful.


    Read more at
    http://savekboo.org/2013/06/21/the-corporate-faction-shows-its-hand/comment-page-1/

    Actually that's all to read except for the rebuttals. Looks like the transparency loving SaveKBOO crowd doesn't want to go on record supporting Our Leader at her blog.

    ReplyDelete
    Replies
    1. "Could he have ties to a corporation or other organization that would like to see KBOO go away?"

      I love that part - assuming that there is some corporate right-wing organization that cares whether KBOO lives or dies.

      "After KBOO shuts down, we can finally launch the military coup, fellow fascists! Oh - and we can detonate the dirty bomb in Portland. KBOO was stopping us, but now that they are gone, we can do what we want! Bwaaaa, haa, ha, ha!"

      Delete
    2. "I love that part - assuming that there is some corporate right-wing organization that cares whether KBOO lives or dies."

      Playing devil's advocate, someone in comments did suggest a Christian station might swoop in and snatch up licensing if KBOO screws up too royally to recover.

      Less dirty bombs, more Donny Osmond.

      Delete
    3. "Playing devil's advocate, someone in comments did suggest a Christian station might swoop in and snatch up licensing if KBOO screws up too royally to recover."

      Yeah, the only outside organization interested in KBOO's demise would be an organization eying KBOO's FCC license and frequency.

      Delete
  2. I find it ironic that people on both sides are sending press releases and "leaks" to media outlets. If you look at any other media sites, there is no mention of KBOO except for the union issues but a huge amount of coverage about the shrinking staff at the Oregonian. 35 actual full-time paid journalists and staff at a real paper loosing their job, now THAT's news worth covering.

    The problems at KBOO are dismissed as infighting over a non-influential media outlet because almost no one is tuning in to KBOO. Who wants to listen to activists pretending they're doing journalism?

    More outside press won't help KBOO. KBOO needs to become less self absorbed, more aware of it's precarious condition, and decide to start acting like adults instead of privileged children.

    ReplyDelete
    Replies
    1. KBOO is the most important media organization in Portland, Comrade!

      The fact that no one listens to it does not reduce its impact!

      Delete
    2. "KBOO needs to become less self absorbed, more aware of it's precarious condition, and decide to start acting like adults instead of privileged children. "

      Agreed. Maybe when the privileged children see no one outside their club is impressed, they'll stop acting out. Or at least everyone else will finally be galvanized to remove them from positions of power.

      A little mockery from real media outlets might be the "tough love" responsible members in KBOO need to act.

      Delete
    3. Don't know about real media, but this is up at Indy:
      KBOO Election Campiagns Derailed Amid Accusations of Malfesence by Board Members

      http://portland.indymedia.org/en/2013/06/423827.shtml

      Good article, bad spelling

      Delete
    4. OMG THERE'S A COMMENT!!!!!!!!
      And it's only from 15 minutes ago!!!!
      The hell is the matter with Indy letting people comment?

      Delete
    5. @Drama Queen

      If you have any ideas about how to:
      1:get rid of institutional incompetence at KBOO
      2:get rid of the toxic culture enabling it
      3: increase membership/funding etc responsibly without mentioning the above
      4: some how doing this without the Inner party feeling "attacked" or defamed and making more of a drama

      I'm sure everyone's all ears to this plan that will actually produce results, not just make you feel above it all.

      This is how media works: putting pressure on recalcitrant parties who are acting out ie creating drama, mostly by quoting their own damn words and inconsistencies

      To imply confronting/exposing that acting out is the same as creating the drama in the first place is insulting.

      KBOO needs to be fixed or put out of it's misery. Even if the station is DOA , the community sure as hell doesn't need a toxic cesspool of vampires lurking in the alternative scene to suck unsuspecting people into funding it.

      Delete
  3. It's interesting to see this moving forward. I've been asking for answers in public comment for the past 6 months at least (Oh the days of when Kurt Lauer would pass, I'd comment, and that'd be about it for public comment).

    I'm curious to see how this plays out. To remove someone from the board takes 2/3rds of the board (per the bylaws) with the person in question not voting. I can't imagine Lyn Moelich or Lisa voting to remove Conch. You'd need almost everyone else to vote to remove Conch. Not sure if the votes are there.

    Where does this fall on the agenda, before or after the potential new members are brought on (which alters the numbers needed)? How inclined would new board members be to vote for the removal of a fellow board member as their first order of business? Who sets the agenda for the meeting? Why the board president of course.

    To remove the President from his officer position (and revert him back to being a standard board member) only takes a simple majority. I would imagine it is much more likely that can be attained. I hope the removal from the office position is a motion on the table.

    Should be an exciting evening, bring the popcorn!

    ReplyDelete
    Replies
    1. Exciting and yet depressing.

      Here's one hard fact: If Conser/Conch and Loving are not removed (C as prez, L removed period), KBOO will show it's so far into the Inner Party's pocket it's beyond salvation.

      I've had to do a 180 with friends this week telling them instead of becoming members to wait how this thing shakes out today. It's irresponsible to ask people to give KBOO money if it can't kick out members and staff acting incompetent and reckless.

      To get new membership KBOO needs to prove it can be trusted to act responsibly. It needs to do it NOW.

      Delete
  4. These meetings are public now?June 24, 2013 at 4:07 PM

    SUCCESS!!! Mark Sherman to join the board tonight!

    On Mon, Jun 24, 2013 at 12:27 PM, Lyn Moelich wrote:

    Public
    Bruce Silverman
    Eugene Bradley
    Jody De La Vergne
    Mark Sherman
    Sue Bartlett

    Committee members
    Rabia Yeaman
    Lisa Loving
    Lyn Moelich
    Paula Small for the last 1/2 hour

    The members in attendance considered applications for people who wanted
    to be appointed to the KBOO Foundation Board of Directors, there are three
    seats to be filled left vacant by Marc Brown, Damon Turner and John Mackey.


    Seven people wanted to be considered
    Joe Uris, Mark Sherman, Ben Hoyne, Timothy Welp, Dennis Nyback, Sue
    Bartlett and Llewelyn Fillmore

    Rabia, Lisa and Lyn interviewed the applicants that were present,
    Joe Uris, Mark Sherman and Sue Bartlett

    Questions included, but were not limited to

    -would you throw out the new policy manuel
    -what do you you bring to the KBOO board
    -why do you want to be on the board
    -how do you handle conflict
    -how would you contribute to fundraising for the foundation

    The public left the room and the members (including Paula Small) debated
    and chose three candidates
    Mark Sherman, Llewelyn Fillmore and Timothy Welp ...
    pending reference checking and some phone veting.


    We will be having KBOO in the Park at Peninsula Park on Sat. Aug 25

    The annual meeting will be held on Sat. Sept. 14 , hopefully at Matt
    Dishman Community Center

    Meeting adjourned at 8:30

    ReplyDelete
    Replies
    1. Looks like KBOO is going down the toilet....well, faster that it was.

      Delete