Justice & Unity has called for a further extension in the WBAI staff election beyond the two weeks already provided. More than 40% of the people designated by WBAI management as staff on the “official” and “approved” lists were not sent ballots by the National Election Supervisor (NES) in mid-August as the bylaws requires.
From: Cerene Roberts <more_cerene@yahoo.com>
Subject: NEED FOR EXTENSION OF BALLOTING AT WBAI
To: “Renee Asteria” <nes@pacifica.org>, “Nichole Justice Hylton” <les_wbai@pacifica.org>
Cc: “PNB” <pnb@pacifica.org>
Date: Saturday, October 2, 2010, 11:07 AM
The LSB staff election at WBAI should be extended by at least three weeks. Although the bylaws (Article 4 Section 5) mandate a 45-day period (8/15 to 9/30) for voters to be able to receive and cast their ballots, I realize that there are several constraints at this stage; thus my suggestion of a more modest period of at least 21 days.
Background:
The Pacifica Bylaws, in Article 3 Section 8, require that all voting be by written ballot and a reasonable period be allowed for the casting of that ballot. Ballots are to be sent to all who are members as of the record date at their postal or email address, and where neither such address exists in the Foundation’s records, that a specific protocol be followed to provide notice.
In violation of Article 3 Section 9, according to the National Election Supervisor, approximately 40% of the “approved” WBAI staff were not mailed ballots in mid-August nor was the policy of providing on-air notice followed. The NES failed to cause the on-air announcement of the web page address containing the full notice to be broadcast at least 3 times per day for 7 consecutive days for a total of at least 21 announcements.
Listener election:
I also have concerns about the ability of all eligible listeners to vote, and would ask that consideration be given to an extension for the listener election as well.
First, it is likely that a number of listeners at each station have been similarly affected by this lack of notice. As coordinator of the pledge room during numerous pledge drives, I know that there were always a certain number of listeners who pledged but declined to give their addresses, and as receptionist/mail-handler, I have seen money orders or checks payable to the station without donor names and/or addresses on the negotiable instrument or envelopes.
Thus, some listener members would now be in the same position as those staff to whom the station has a responsibility to provide notice.
Second, on September 10 the election supervisors were notified of a problem with the zip codes for WBAI ballot returns. Three separate zip codes and 3 separate post offices were involved. The candidate booklet bore 10008-3451 (Church Street Station), the elections website bore 10009 (Lower Eastside – 2 post offices: Tompkins Square or Stuyvesant Town) and the return envelopes 10027 (Harlem). Arrangements were made to have the 10027 mail forwarded to 10008 and the website was changed first to 10027 then to 10008; however as of this writing (10/1/10) both 10008 and 10009 appear on the website at these addresses, respectively http://pacificaelections2010.org/?p=1454 and http://pacificaelections2010.org/?page_id=17.
Someone needs to investigate the status of ballots that may have been mailed to 10009 and directed to Box 3451. In addition, any ballots that any of these post offices might have returned to sender (i.e., the Pacifica address in Berkeley) must be sent to New York to be included in the WBAI ballot count.
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By-laws Citations (excerpted here, with full passages below):
Article Three, <http://kewg.org/bylaws/art3.html>Members of the Foundation, Section 8: Voting: Voting by Written Ballot
To ensure the opportunity for all Members to participate in the voting process, all voting shall be by written ballot…
B. DISTRIBUTION OF BALLOTS
The ballots shall be mailed, or notice of the posting of the ballot on the Foundation’s website shall be delivered, to Members at their postal address or electronic mailing address of record. All solicitations of votes by written ballot shall: …(5) provide a reasonable time in which to return the ballot to the Foundation.
Article Three, <http://kewg.org/bylaws/art3.html>Members of the Foundation, Section 9: Manner of Notice
Whenever notice to Members is required under these Bylaws, notices shall be submitted, at the Foundation’s sole discretion, either personally, by first class, registered or certified mail, by electronic mail or by other means of written communication, charges, pre-paid, and shall be addressed to each Member entitled to vote at the postal address or email address of that Member as it appears on the Foundation’s books or at the address given by the Member to the Foundation for purposes of notice.
If no address appears on the Foundation’s books and no address has been given, then notice shall be deemed to have been given if notice is broadcast at least twenty-one (21) times on the Foundation radio station with which the Member is affiliated. Such broadcast notice shall be made at least 3 times per day on 7 consecutive days and shall state the web page address where the full notice is posted.
Article Four, <http://kewg.org/bylaws/art4.html>Delegates, Section 5: Election Time Frame
In a Delegate election year, the nominations period for seats being vacated shall open on June 1 and remain open for thirty (30) days, closing on July 1. The national and local election supervisors shall thereafter prepare the written ballots for each radio station, listing all of the candidates and setting forth all other information required by these Bylaws. Ballots shall be mailed, or otherwise made available, to the Members on August 15 (or the following day if August 15 is a mail holiday). To be counted a ballot must be received on or before September 30 (the “Election Close Date”).
FULL CITATION OF APPLICABLE BYLAWS re Extension of WBAI Voting
Article Three, <http://kewg.org/bylaws/art3.html>Members of the Foundation, Section 8: Voting: Voting by Written Ballot
To ensure the opportunity for all Members to participate in the voting process, all voting shall be by written ballot distributed by mail, or otherwise made available, by the Foundation, or the Local Station Board with which the Members are affiliated, as appropriate, to each of the Members entitled to vote.
A. ELIGIBILITY TO VOTE
All Members in good-standing on the record date as determined under Section 10 of this Article of these Bylaws shall be entitled to vote by written ballot as to any matter that properly comes before the Members for a vote.
B. DISTRIBUTION OF BALLOTS
The Foundation shall make reasonable efforts to distribute, or otherwise make available, one written ballot to each Member entitled to vote on the matter. Where the Members are required to vote in classes, there shall be a ballot for Listener-Sponsor Members and a separate ballot for Staff Members. In the case of election of Delegates, there shall also be separate sets of ballots for the Members affiliated with each Foundation radio station. The ballots shall be mailed, or notice of the posting of the ballot on the Foundation’s website shall be delivered, to Members at their postal address or electronic mailing address of record. All solicitations of votes by written ballot shall: (1) state the number of responses needed to meet the quorum requirement; (2) state, with respect to ballots other than for the election of Delegates, the percentage of approvals necessary to pass the measure or measures; (3) specify the time by which the ballot must be received in order to be counted; (4) include instructions for where to return the completed ballot; and (5) provide a reasonable time in which to return the ballot to the Foundation. With the exception of ballots related to the election of Delegates, each ballot so distributed shall also: (6) set forth the proposed action; and (7) give the Members an opportunity to specify their approval or disapproval of each proposal. Ballots relating to the election of Delegates shall also: (8) set forth the names of the candidates; and (9) give the Member an opportunity to select his/her choice(s) or rank his/her choices. The Foundation may, in its discretion, provide a secure means of voting by electronic means via the internet, provided however that Members shall still have the option of returning written ballots by mail. Any such internet voting shall have a coded system to identify Members and to prevent Members from casting more than one vote electronically or from voting by both mail and by internet.
Article Three, <http://kewg.org/bylaws/art3.html>Members of the Foundation, Section 9: Manner of Notice
Whenever notice to Members is required under these Bylaws, notices shall be submitted, at the Foundation’s sole discretion, either personally, by first class, registered or certified mail, by electronic mail or by other means of written communication, charges, pre-paid, and shall be addressed to each Member entitled to vote at the postal address or email address of that Member as it appears on the Foundation’s books or at the address given by the Member to the Foundation for purposes of notice.
If no address appears on the Foundation’s books and no address has been given, then notice shall be deemed to have been given if notice is broadcast at least twenty-one (21) times on the Foundation radio station with which the Member is affiliated. Such broadcast notice shall be made at least 3 times per day on 7 consecutive days and shall state the web page address where the full notice is posted.
Article Four, <http://kewg.org/bylaws/art4.html>Delegates, Section 5: Election Time Frame
In a Delegate election year, the nominations period for seats being vacated shall open on June 1 and remain open for thirty (30) days, closing on July 1. The national and local election supervisors shall thereafter prepare the written ballots for each radio station, listing all of the candidates and setting forth all other information required by these Bylaws. Ballots shall be mailed, or otherwise made available, to the Members on August 15 (or the following day if August 15 is a mail holiday). To be counted a ballot must be received on or before September 30 (the “Election Close Date”).
All ballots shall be held sealed until the Election Close Date. If the required quorum of ballots is not received by the Elections Close Date, then the Elections Close Date shall be extended by up to four additional weeks until closed by the National Election Supervisor. The national and local elections supervisors shall have up to 15 days after the Election Close Date to count the ballots and to certify the results to the LSBs, the Board, and the Members, which results must be reported by October 15 or, if the Election Close Date was extended, by 15 days after the extended Election Close Date, and shall be posted on the Foundation’s and the radio stations’ websites. If no quorum of ballots is obtained by the extended date, then those Delegates whose terms would have expired upon the election of new Delegates shall remain in office until the next regularly scheduled Delegate election.
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