Sent: Thursday, April 10, 2014 7:43 PM
To: pnb@pacifica.org
Cc: jdemaegt@sbcglobal.net
Subject: To: Pacifica Foundation Board of Directors
James P. DeMaegt
ATTORNEY AT LAW
500 500 W. Queen Street, Suite 2
Inglewood, California, 90301
(310) 673-4302
April 10, 2014
To: Pacifica Foundation Board of Directors (pnb@pacifica.org),
Members: Rodrigo Argueta, Carolyn Birden, Lydia Brazon, Jim Brown, Adriana Casenave, Janet Coleman, Benito Diaz, Brian Edwards-Tiekert, Jose Luis Fuentes, Heather Gray, Kim Kaufman, Luzette King, Janet Kobren, Hank Lamb, Janis Lane-Ewart, Tony Norman, Laurence Reyes, George Reiter, Cerene Roberts, Manijeh Saba, Richard Uzzell, Margy Wilkinson and Bernard Duncan and Raul Salvador.
Regarding the Employees:
XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX, XXXXX
The above-named employees of Pacifica Foundation Radio are caught in the middle of a dispute between members of the Board of Directors of Pacifica Foundation Radio which is currently being litigated in Alameda Superior Court in Case # HG14720131. A hearing on a preliminary injunction against 12 members of the Board of Directors has been set for May 6, 2014.
Until this hearing proceeds, the legality of several recent actions by the Board of Directors is in question and many documents required to assess the veracity of statements by some members of the Board are missing and unavailable.
In this situation, a hostile workplace environment has been created in which members of the Board of Directors and senior employees, who may or may not have been hired legally, repeatedly berate, bully and threaten subordinate employees to take potentially illegal and irreversible actions in an atmosphere of uncertainty.
Under Pacifica Foundation organizational rules the employees cited above are not directly supervised by the Board of Directors. The current legal dispute between members of the Board of Directors has brought great confusion to the employees regarding the present chain of command and the authenticity and powers and responsibilities of each of the alleged supervisors in Pacifica Foundation and many employees do not know for certain who their direct supervisors currently are and what their powers and responsibilities are. Since the case is now in court the employees do not expect to have that clarified until the injunction request is heard on May 6th.
All members of the Pacifica Foundation Radio Board of Directors and the two employees named above whose status is legally disputed by 41% of the board, must be instructed to cease and desist threatening the above-mentioned employees starting now and until the May 6th date for a hearing on a preliminary injunction.
The employees of Pacifica must be allowed to perform their jobs in their customary fashion without undue interference from the above-mentioned parties. Repeated demands to perform actions which the employees have stated appear to them to be contradictory to the law and inappropriate must cease until the matters in question are heard by a higher authority.
The employees wish to serve the best interests of Pacifica Foundation Radio going forward and hope the Board of Directors will resolve their conflicts in a court of law as soon as possible.
Thank you for your attention to this matter. I look forward to a prompt response on this issue.
____________________
James P. DeMaegt
cc: Der Manouel Insurance, Holman Human Resources
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