Special Bylaw Election Update

As many members are aware, a group has collected signatures for a special election to change the bylaws of KXCI. Petitions and signatures have been delivered to KXCI. Over 100 of the petitions had to be rejected immediately because the signers were not KXCI members, a violation of the bylaws. Immediately following the delivery of petitions, the Board and staff began to prepare an election process that satisfied both Arizona state law and the KXCI bylaws. The Foundation bylaws do not set forth any specific procedure for a petition based election (except that the people calling for an election must pay for all election expenses). In addition, this is the first time in KXCI history that such an election has been proposed, so there is no precedent to follow. The Board and staff are working on an election procedure that is fair, reasonable and follows sound business and legal practice, hi that way, the results of this election and any future petition based elections will be trustworthy and fair to all.

The Board proposed a simple three step procedure for the election: a) certifying the signatures, b) printing/mailing the ballots and c) managing the count. The Board invited members of the Initiative to participate in developing this process. We met with members of the Initiative on March 3 to discuss election procedures. They rejected independent certification of their petitions, despite the fact that Arizona election law sets a high standard for Initiative elections and requires certification of petition signatures. We requested that they submit their proposed election procedures in writing for consideration by the Board. As the bylaws clearly state that they must pay for all costs of this election, we invited them to suggest companies who could bid on these procedures.  As of March 8, they have submitted one bid for one part of the process.

Despite the fact that leaders of the Initiative rejected the Board's first offer of mediation on February 17, we again offered mediation on March 3. That offer remains open.   It is clear from the Initiative's comments in the press that this will be a contentious election. The Board strongly believes that in a fair mediation of the issues, open to every member of KXCI, there is an opportunity for both the Board and members of the Initiative to find common ground and a solution to our differences. Rather than a controversial and difficult election which might hurt the station, we could both make a joint recommendation to the members on a new set of bylaw amendments which are agreeable to all. We still hope the Initiative will join us in mediation.

At this moment, we are still waiting for the Initiative's good faith proposals for election procedures. The Board will work with the Initiative to create an election procedure that is legal, reasonable and fair. The Board will make every effort to protect the rights of every member and insist on an election procedure that is proper for this election and all future elections. To do anything less would not be fair to any of our members, whether they signed the petition, oppose the Initiative or are still undecided.

Larry Brace, General Manager