February 2, 2004
Mr. Larry Bruce
General Manager, KXCI
Dear Mr. Bruce:
Thank you for your letter
of January 22, 2004 regarding the proposed Democracy Initiative election.
We also want to thank you, Board member Kathleen Williamson, as well as Carl Moore for attending our meeting last Thursday
and for the informal discussion that ensued. It was the first time that some of us felt that there could be some positive
development and cooperation between KXCI management and the efforts of its members to re-establish a democratically controlled
Board of Directors. We were also very pleased to hear that two of our three main goals -- a grievance procedure for volunteers
and a volunteer elected representative to the Board - are presently being considered by the Board. Unfortunately, your letter
has somewhat dampened the initial enthusiasm that was generated by our meeting.
Section III.3 of Article
2 of the bylaws states that "petitions presented to the Board containing signatures of 10% of the membership on the roll will
precipitate a vote on the issue by the membership. All expenses shall be borne by the petitioner. "Our position is that we
have submitted over the required 10% based on the membership list (that we received from you), and that we are required to
pay for the expense of the election - not verification of the signatures, which we believe is the responsibility of KXCI.
We certainly don't understand why an auditor needs to be hired to verify the signatures, a relatively simple and quick process.
We have also never heard of the need for any phone verification of registered voters in any local, state, or federal election
- but whatever process you choose for verification is certainly up to you. However, in the spirit of cooperation, we would
be willing to go through each numbered petition that we submitted to you (the first 484 out of 506 are alphabetized) and submit
this list of verified names. We would also be willing to send one of our volunteers to help you with this task if you wish,
all of which should take a short amount of time. Frankly, we are concerned that KXCI is trying to price us out of the election,
which we believe would indicate bad-faith on your part by trying to prevent an election as stipulated in the current KXCI
bylaws. We hope that is not the case and that this issue can be resolved promptly and fairly.
With regards to your
request for our suggestions for the process of the actual bylaw change election, we do have an idea of what a fair process
could entail. Since we will be paying for the cost of the election, we would take responsibility for the printing and mailing
of the ballots. An independent third party would receive all the ballots and tabulate the results, at a cost borne by us.
We can discuss with you ways that you can be assured that the mailing is sent to the complete membership list and that the
results are fair, accurate, and above board.
The proposed bylaw changes
have already been sent to you, and can also be accessed on the SaveKXCI website, but I can include another copy. I honestly
don't know what date they were actually prepared (anymore than anyone seems to know when the KXCI bylaws were changed to the
present form without a vote of the membership) but we began circulating petitions at the Amy Goodman event at the U of A if
that is any help.
Finally, you have requested
the names of Democracy Initiative members who are authorized to enter into discussions on these issues. Our representatives
would include Bill Risner, John Murphy, David Yerkey, and myself. With regards to making decisions, any new and/or significant
proposals made that are contrary to what I have outlined in this letter would have to be taken back to our whole group for
You ended your letter
stating that you "look forward to concluding a process we can all have confidence in." We certainly share those aspirations,
and look forward to your response. We do again request that this letter, as all of our communications, be shared with the
KXCI Board of Directors.
Thank you again,
Scott D. Egan
For Democracy Initiative