Bylaws amendments on election schedule adopted 9/07

[Bob Lederer]

For reference, I've attached and pasted below the bylaws amendments that were approved last September concerning the timetable for Delegate elections. For explanatory purposes, I have left in place the rationale paragraphs that were included on the Pacifica website during the 60-day period when this was pending before it was approved.

Key dates (next election: 2009):

March 1 (or earlier)    - E.D. hires National Election Supervisor, with date subject to E.D.'s discretion

June 1  - Delegate nominations open

June 15-July 1 - Range of possible record dates (deadline for becoming enrolled member), subject to

        discretion of National Election Supervisor

July 1  - Delegate nominations close

August 15       - Ballots mailed to voters

Sept. 30        - Ballots must be returned by voters

Oct. 15 - Deadline for certifying elections (unless extended due to lack of quorum)

December        - Seating of new Delegates

Bob Lederer

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Pacifica Bylaws Amendments Concerning Election Schedule
(adopted 9/07)

[Note that when I pasted this in from Word, it wiped out the strike-outs of language to be deleted, so I've instead put the stricken words in brackets. If your computer can read Word, the attachment would be much easier to follow.]

Below is the text of the proposed amendments to the Pacifica bylaws, preceded by notes in brackets summarizing the nature of each change. Language to be removed is shown with a strike-through; new language is in bold italics.



ARTICLE THREE
MEMBERS OF THE FOUNDATION

SECTION 10. RECORD DATE

[The proposed amendment would change the "record date" - the date on which it is determined who is entitled to exercise the powers of members - for balloting only, from 45 days before voting begins to "45 to 60 days" in advance "based on the reasonable discretion of the National Election Supervisor," in order to allow her/him the ability to meet the logistical requirements of compiling voter lists in a timely manner. This amendment will NOT require a vote of the membership.]

The record date for purposes of determining the Members entitled to receive notice of any meeting, entitled to vote by written ballot or entitled to exercise any other lawful membership action, shall be forty-five (45) days before the date of the special meeting, 45 to 60 days before the day on which the first written ballot is distributed or made available to the Members (based on the reasonable discretion of the National Election Supervisor), or 45 days before the taking of any other action, as applicable.


ARTICLE FOUR
DELEGATES

SECTION 4. ELECTIONS SUPERVISORS

A. NATIONAL ELECTIONS SUPERVISOR

[The proposed change to this section simply adjusts the date for appointment of the National Elections Supervisor to match the new election timeline proposed below: while the current by-laws call for the National Election Supervisor to be appointed in May, the proposed amendment would change the date to March or "no less than 90 days before nominations are set to open, whichever is earlier." Art. 4, Section 4, Part B, Local Election Supervisors, would remain as is. This amendment will NOT require a vote of the membership.]

In [May] March of each year in which there will be an election of Delegates by the Members, or by a date no less than 90 days before nominations are set to open, whichever is earlier, the Executive Director shall appoint a national elections supervisor whose role shall be to oversee and certify the fairness of the Delegates elections in each station area and to confirm said elections' compliance with these Bylaws. The national elections supervisor shall also oversee the nominations process, the preparation of the ballots and the counting of the ballots and shall prepare a written statement reporting the results of every election for distribution to the Members or posting on the Foundation's and radio stations' websites. To be eligible for appointment to the position of the national elections supervisor, said person shall not be an employee of the Foundation or any Foundation radio station or a Delegate, Officer, or Director of the Foundation or any LSB, or a radio station staff member, paid or unpaid. The national elections supervisor should be experienced with election procedures and supervision and preferably recommended by an organization experienced in elections procedures and supervision. The national elections supervisor does not have to be a Member of the Foundation. Upon the completion of and certification of the results for all of the elections, the national elections supervisor's term shall end.

[ART. 4] SECTION 5. ELECTION TIME FRAME

[The key elements of this amendment:

o    Voting would normally take place between August 15 and September 30, rather than the current October 15-November 15, in order to eliminate conflicts between elections and station fund drives.

o        In the event that a station does not receive the required quorum of ballots by the scheduled end of the election, the national election supervisor would be empowered to extend the voting at that station by up to four weeks, rather than the two weeks allowed in the current by-laws.

o      The Pacifica National Board would be given limited power to set a different timeline in "exigent circumstances." Such a change would require a 2/3 vote of all PNB members, which would have to take place no later than November of the year before the scheduled election, and any alternative timeline established by the PNB would have to meet several conditions intended to safeguard Members' rights.

This amendment will NOT require a vote of the membership.]

In a Delegate election year, the nominations period for [vacating] seats being vacated  shall open on [July 25th] June 1 and remain open for [sixty-two (62)] thirty (30) days, closing on [September 25th] 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 [October 15th] August 15 (or the following day if [October 15th] August 15 is a mail holiday). To be counted, a ballot must be received on or before [November 15th] September 30 (the "Election Close Date").

All ballots shall be held sealed until the Election Close Date. If the required quorum of ballots for any station is not received by the Elections Close Date, then the Elections Close Date for that station shall be extended by two additional weeks 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 [December 1st] October 15 or, if the Election Close Date was extended, by [December 15th] 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.

If in the year preceding Delegate elections, the Pacifica National Board determines by a 2/3 vote of the total number of Directors conducted by email or paper ballot, that the schedule above cannot be executed due to exigent circumstances, they may by November 30 adopt a schedule subject to the constraints herein:

1) Avoids where possible conflicts between major fund drives and the period between the close of nominations and the election close date

2) Includes a period of not less than 30 days for nomination of candidates;

3) Allows no less than 35 days after the mailing of ballots, on or before which completed ballots must be received to be counted ("Election Close Date")

4) Provides that all other intervals within the timeline remain as stated in the preceding paragraph, and

5) Allows for seating in December as provided for in Article 7, Section 6 (B).