From: Cerene Roberts <more_cerene@yahoo.com> Subject: URGENT: Teresa Palmer’s Candidacy To: “Nichole Justice Hylton” <les_wbai@pacifica.org> Cc: “Renee Asteria” <nes@pacifica.org> Date: Wednesday, August 4, 2010, 10:52 AM
Dear Nichole and Renee,
By now you may have received a letter of withdrawal from second year listener candidate Teresa Palmer thereby making my letter moot.
In violation of paragraphs 2 and 7 of the 2010 Fair Campaign Provisions (FCP), Palmer was on the air from 7 to 9 pm lastnight hosting what she said was “The Power to Heal” Part 2 of a “Your Spirit, Your Health” fund drive special, and about 12 minutes into the first hour she announced her candidacy: “We love WBAI. We come here, we volunteer. I myself am running for a seat on the listener board.”
In another clear violation, this time of paragraph 9 (a) of the FCP, the pacificaelections2010.org site carries her candidate statement in which says she is endorsed by, works for and sometimes co-hosts, with producer Armand DiMele, a show called “The Positive Mind” which airs 3 days per week. She indicates that she is endorsed by him personally and by his for-profit business, The DiMele Center.
However well-intentioned, Ms. Palmer has disqualified herself. It is inconceivable that the playing ground can be made level after this egregious breach as we cannot give each listener candidate a 2-hour show.
Please let me know how you will proceed.
Thanks, Cerene
2010 FAIR CAMPAIGN PROVISIONS
1. No Foundation or radio station management or staff (paid or unpaid) may use or permit the use of radio station air time to endorse, campaign or recommend in favor of, or against any candidates for election as a Listener-Sponsor Delegate, nor may air time be made available to some Listener-Sponsor Delegate candidates but not to others.
2. All candidates for election as a Listener-Sponsor Delegate shall be given equal opportunity for equal air time, which air time shall include time for a statement by the candidate and a question and answer period with call in listeners.
3. No foundation or radio station management or staff (paid or unpaid) may give any on-air endorsements to any candidates for Listener-Sponsor Delegate.
4. The Board of Directors may not, nor may any LSB nor any committee of the Local Station Board, as a body, endorse any candidates for election as a Delegate. However, an individual Director or Delegate who is a Member in good standing may endorse or nominate candidates in his/her individual capacity.
5. In the event of any violation of these provisions for fair campaigning, the Local Election Supervisor and the National Election Supervisor shall determine, in good faith and at their sole discretion, an appropriate remedy, up to and including disqualification of the candidates and/or suspension from the air of the offending staff persons (paid or unpaid) for the remainder of the elections period.
6. Libelous or slanderous statements about individuals shall not be permitted.
7. No station resources, including staff services and meeting space may be provided to some candidates but not equally to all candidates.
8. Candidates are not permitted to call in to shows even if they do not use their names. The context and the voice recognition of some candidates would give an unfair advantage to that candidate and would be a violation of the fair campaign provisions.
9. Website endorsements: All members and programmers that maintain a website utilizing Pacifica or station logos or call letters and/or references to their own Pacifica or station programming that could be mistaken for an official web site, are subject to and shall be bound by these rules:
a. Endorsements of candidates on any official Pacifica web sites are not permitted, either explicitly or via hyperlink to another web-page. This directive includes all programmer Websites linked through official station web sites.
b. Any web site may encourage voting and contain links to official election web sites.
c. Endorsement emails (web-based & list serve) using private email lists not from station or Pacifica sources are permitted.
d. Any website bearing the names or partial names of an official Pacifica website but independent of any Pacifica station can endorse candidates but must bear a disclaimer that the website is not an official Pacifica website.
10.When Fair Campaign Provisions Begin: A listener member will be deemed a candidate, and thus subject to the fair campaign provisions, when the nomination period begins (June 1st, 2010). Candidates who appear on shows before they turn in all their forms will be permitted to run, but will have their on-air statements reduced to reflect this unfair advantage.
11. Prospective candidates:Pacifica and station staff and management are prohibited from making endorsements on the air, or on any Pacifica or station identified web site, or at any other Pacifica controlled venue or facility, of either prospective candidates before the nomination deadline, or actual candidates after the nominations are closed.
12. Listener-organized meeting announcements:Any listeners may organize community meetings to bring together listeners and prospective candidates for the purpose of learning about prospective candidates and collecting petition signatures. Any such events may be announced on-air provided they have been approved by the Local Election Supervisor, are open to any listener, are in a handicap- accessible location, and do not raise money for any candidates, or promote events to raise money for any candidates.
From: Renee Asteria <nes@pacifica.org> Subject: Re: URGENT: Teresa Palmer’s Candidacy To: “Cerene Roberts” <more_cerene@yahoo.com> Cc: “Nichole Justice Hylton” <les_wbai@pacifica.org> Date: Wednesday, August 4, 2010, 11:42 AM
Good morning,
Can you file a fair campaign violation? Here is the form.
We will inform her that we know of this violation and rectify by reducing her campaign air-time.
This is the protocol for rectifying a campaign violation
“Three Strikes and Out”
Measures to Remedy Campaign Violations
In response to the first 2 violations, a listener candidate’s on air campaign time (candidate cart rotation, candidate forum) will be reduced. The amount by which the time is reduced will be equal to the duration of the unscheduled appearance. For example, if listener candidate Moll Smit goes on air for 2 minutes as a caller with a question, 2 of her minute long candidate statements will be removed. If listener candidate Moll Smit violates the Fair Campaign Provisions three times – she will be disqualified.
Staff Candidate violations will be determined on a case-by-case basis and can result in removing the staff member from the air entirely for the duration of the campaign.
Renee A
From: Cerene Roberts <more_cerene@yahoo.com> Subject: Re: URGENT: Teresa Palmer’s Candidacy To: “Renee Asteria” <nes@pacifica.org> Cc: “Nichole Justice Hylton” <les_wbai@pacifica.org> Date: Thursday, August 5, 2010, 6:50 PM
Renee,
I will submit the complaint form with the information I provided yesterday morning in my letter but I am perplexed by your answer.
While I cannot tell you, the person who distributed the FCP and then amended it to include an explanation of a remedy for violation of the on-air policy, what was intended, I want you to know what I understand. If you think I’m incorrect, I would appreciate your taking the time to explain your reasoning. (Although the website has two different versions of the FCP on p. 650 – 12 paragraphs and p. 653 – 15 paragraphs, the language of the relevant section(s) covering Palmer’s violation is unchanged. A comparison is attached.)
As I read it, Section 14 AKA the 3-strikes clause is an explanation of what would have happened if a prospective candidate had violated Section 11 by calling the air after June 1 but before they completed the process of becoming an actual candidate – whether that date was June 30 or earlier, or July 19. After the close of nominations and the submission of the signed FCP, no such leniency applies.
In Section 11, you state that a “further explanation” of the procedure can be found in Section 14. Unless it is your intention to allow folks to continue to violate rules by offering a minimal penalty such as a loss of a minute or two at this point when all candidates should know the rules, Section 14 does not have a life independent of Section 11; nor can it reasonably be used as a remedy of violation of other sections.
Section 2 is clear about the conditions under which a listener candidate may be on air. If Section 8 of the FCP holds that even on-air calls where the candidate does not identify her/himself are unacceptable, then Palmer being on the air for 2 hours is irreparable. It cannot be “fixed.” She had the unrestricted, unchallenged opportunity to paint herself in the best possible light as a supporter of and fundraiser for the station. There is no way that even completely removing her cart from circulation and disallowing her participation in live and radio debates can begin to compensate the other listener candidates.
Nothing short of her removal or allowing the other candidates their individual 2-hour showcases can equalize the contest and save our now-poisoned election. And as it stands, even with that her slate mates will benefit.
Also, how do you plan to address those who arranged and facilitated this appearance and the violations regarding the use of staff endorsements as described in Sections 2 and 7?
Thank you for pointing out the 2 FCP versions – I will make sure that there is only one (the complete one). The intent of the FCP is to level the playing ground and applies to all stages of the election. If someone goes onair (candidate or prospective candidate) then it is our job to remedy this by removing an equivalent amount of time from his/her campaign. Evidently we have to deal with this on a case by case basis as on air appearances cannot be measured only by length of time on air – but also other factors (host versus guest).
For Terese – as her violation is more severe – the remedy will be heavier. But it is not grounds for disqualification.
From: Cerene Roberts <more_cerene@yahoo.com> Subject: Re: URGENT: Teresa Palmer’s Candidacy To: “Renee Asteria” <nes@pacifica.org> Cc: “Nichole Justice Hylton” <les_wbai@pacifica.org> Date: Friday, August 6, 2010, 10:40 AM
Renee,
What is your plan to compensate the other 20 or so candidates? How much time would have to be yielded to election coverage to allow them each 2 hours on air between playing of 1-minute carts and appearing as part of a panel? And you’re absolutely right that context matters! Hosting a fundraising show to demonstrate love and concern for the station beats the heck out of airings of anyone just talking about great ideas. She has had an unmatchable advantage.
I understood the “progressive discipline” of a 3-strike process to be a way to deal with folks initially uninformed about the restriction or who may not decided to run when they called the air or even someone who was overwhelmed by what they were hearing and felt compelled to call a show…as though there aren’t enough boardmembers with impulse control issues.
I did not and do not think it should be a way out for someone who deliberately flaunts the rule by planning and executing a 120-minute violation.
The previous fund drive ended on June 12. Depending on the date(s) her Spring fundraising show was broadcast (and rebroadcast?) this Tuesday may not even have been the first time she was given the opportunity for high-profile campaigning since June 1, 2010. And as a candidate last year, she would have signed an FCP then too, and so reasonably can be expected to know the rules. The dates of all of her on-air appearances should be checked closely. She as well as Kathy Davis (Public Affairs Director) and IPD Tony Bates should have those answers.
Further, it occurs to me that based on her descriptions of her involvement with the station she likely has logged too many hours since April 1 to even qualify as a listener candidate.
STATEMENT:
I volunteer in many capacities at the station-answering the phones during fund drives, helping in the Premiums department, as well the Fiscal aspects of maintaining WBAI…
I had the honor and privilege of hosting and producing the radio program Your Spirit, Your Health, during the most recent (Spring 2010) Station Fund Drive. Together, we raised over $16,000 for WBAI.
I also work/volunteer with Armand DiMele and periodically co-host the Positive Mind. service.
FROM QUESTIONNAIRE (#9): I am afforded the opportunity to work with the staff and hosts/producers in various capacities. I volunteer on a weekly basis and understand our BAI family from the “inside”. I see what it takes to maintain the day to day operation of the radio station. Having the opportunity to occasionally host, co-host, and produce radio shows, I gain an understanding of all aspects of media.
And when will you address the endorsements? If she is a listener, Armand’s endorsement is a violation. If she is staff, Cohen and the so-called “Independents” are an illegal reverse endorsement. “Endorsers: Armand DiMele, Mitchel Cohen and the Independents- LSB, The DiMele Center”
The text below the double lines was written late Sunday night but was stored it in my “Draft” folder because I was too tired to review it properly.
I ask that in your consideration of the matter, you add to all that I have written on this topic the fact that Teresa Palmer who is a listener candidate in the current election was featured on WBAI again today, Tuesday 8/17/10 from 10am to 12 noon, with the Interim Program Director Tony Bates!
In trying to understand how this latest event could happen, the following possibilities arise:
1 – You failed to contact Palmer and/or the previous engineer and LSB member Max Schmid and/or Public Affairs Director and PNB Director Kathy Davis and /or Interim Program Director Tony Bates following my previous complaints, and/or
2 – Some or none of them take you seriously and/or
3 – In merely reducing airtime in cart-play or debates for listener-candidates who violate the equal-time provision after nominations closed, the Fair Campaign Provisions (FCP) have been rendered virtually meaningless. The FCP (Item 11) explicitly states that the reduction remedy would be utilized between the date nominations open and the date candidates submit their documents, not forever or for gross violations.
To make that into a campaign-long remedy is to invite repeated abuse where candidates will weigh the value of the exposure within the confines of the election supervisor-run process versus whatever other airtime they can obtain.
Palmer, whom I do not know or to my knowledge have even seen, must be disqualified as there is no way that the other 20-odd candidates can be made whole.
Please advise me of your steps to address this matter.
This is her second strike. One more and she is disqualified. No exceptions will be made. Teresa contacted me to let me know that she planned on doing these shows and I let her know that we will make no exceptions and that she shouldn’t participate in the fund drives in anyway until after the election. So more then likely she will be disqualified but I need to wait until she violates a third time before I disqualify her officially unless she withdraws herself (in writting).
Please do not interpret my bluntness as hostility. I know there is a fair share of that directed at you and the ED by our peaceniks, but your interpretation of the FCP that a confirmed candidate — not a prospective candidate — must have as many as 3 violations before being disqualified is wrong.
I only wish I handled the language well enough to have you see just how wrong!
According to the FCP the reduced-time “remedy” applies only between June 1 and at the latest July 19th. And even so, within that period of time, the nature of the violation could have yielded disqualification after one event!
That you spoke to Palmer about a sustained on-air appearance — not a casual phone-in — on August 3 (with the possibility that she also may have been on between June 1 when nominations opened and June 12 when the ‘BAI Spring drive ended) and she still got on the air on August 17 is absurd. That you think she gets to choose to withdraw or gets another chance is inexplicable.
Frankly and with due respect, I feel as though I’ve exhausted this approach.
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