February 17, 2004
Dear Executive Committee:
The phrase "day late
and a dollar short" came to mind when we read your curious "open offer" to "resolve this dispute through mediation." As you
may recall, we had written the board months ago requesting to meet with the board only to have the board "table" the suggestion
month after month. In other words, your response to our request for a dialog was silence.
Here is where we are.
There is no "dispute" to be "mediated." KXCI is owned by "members." The corporation by-laws set forth the rules of the corporation.
The by-laws provide that if more than 10% of the members initiate a petition for a policy change, there must be an election.
That has happened. A few of the signers cannot "mediate" the request of hundreds. It is simply not legally possible.
At one of the meetings
where the board "tabled" our request to speak with the board, the idea of bringing Carl Moore to Tucson was first mentioned
by board member Kathleen Williamson as a way to allow members to "kvetch" or complain. The issues relating to member control
through the election of board members are not kvetch issues. We are willing and gladly accept an offer to mediate the items
that can be mediated such as election procedures.
Scott Egan recently sent
you details demonstrating that the petition signers exceed 100 more than necessary for an election. You will recall that KXCI
has had many elections over the years. Never has KXCI hired someone to telephone members to verify signatures. You plan to
do so and to require us to pay for those telephone calls in an obvious attempt to stall the election. Please come to your
senses and stop this nonsense. There is not now, nor has there ever been, such a requirement. If you want to challenge signatures
that is your expense. We have presented the signatures of over five hundred people, that is the corporation's requirement.
We have enclosed a copy
of a bid from the League of Women Voters to count the ballots. Let's work together on a mailing procedure. The technical requirements
can easily be worked out once the board is willing. We think the printing costs should be around $600, the mailing around
$600, and the League of Women Voters would count them for around $600. We will, of course, pay those expenses.
There are election procedures
that we can discuss. This is an election among members. It should be a friendly "family" matter. We again urge you to proceed
promptly with scheduling an election.
Very truly yours,
William J. Risner, Esq.
For the Democracy Initiative
LEAGUE OF WOMEN VOTERS
OF GREATER TUCSON
N. Craycroft Rd. Tucson,
Arizona 85711 (520) 327-7652 Fax (520) 326-6655
Mr. William Risner, Atty.
The Democracy Initiative
Dear Mr. Risner:
The League of Women Voters
of Greater Tucson has been requested to estimate a contribution that would be expected if it assisted in validating the count
for The Democracy Initiative election by mail related to the radio station KXCI.
The request was that
the League count the votes, and match the name of each voter with his/her name on a list of those eligible to vote. That list
is to be provided to the League at the time of the vote count. It is our understanding that those eligible to vote numbers
somewhat over 3000 but that approximately half that number is actually expected to vote.
Our expected contribution
for assisting with this election would be $600.00 Assuming the number of votes cast is around 1500, we would alphabetize the
names on the envelopes, dividing them into approximately 30 piles of 50, then check them against the list which acts as a
roster. We would then take the ballots, divide them likewise into piles and count Each pile must be counted twice, by two
different people, and if the counts do not agree, they must be counted a third time by a third individual.
This is my understanding
of what the Democracy Initiative would expect from the League. If I am in error in any pan of the above paragraph, please
let me know.
It is our belief that
it would take 30 person hours or approximately 10 people three hours. The exact task of course will vary with the nature of
the ballot, list etc.
Please let me know if
you have other questions.
Voter Service, LWVGT
Fax 320-9166 Phone 327-5375
Contributions to the
league of Women votes are not tax-deductible. Contributions to the League of Women Voters of Arizona Education Fund are tax-deductible.