By email and certified mail

To: John Murphy, Scott Egan, David Yerkey and the Democracy Initiative

From: Larry Bruce, GM KXCI 

Re: Pending Bylaw Election

Date: April 2, 2004

Since you have not responded to my March 25 letter, I am contacting you to again request that you cooperate with the FCB Board of Directors in resolving the outstanding issues which have delayed this proposed election.  The Board is committed to following both the bylaws and Arizona state law to move this process forward.  As outlined in my letter of March 25, the Board will proceed to call an election once you have agreed to the following: 

·        Third party independent certification of signatures is required for the election to proceed.  This will include contacting at least 15% of the petitioners to confirm their intent to call a bylaw election.

·        The BOD reserves the right to offer an alternative set of bylaws for consideration by the members, which may be included in the election mailing should your petitions be certified.

·        This election will be managed by a third party who is licensed and bonded by the State of Arizona.

·        Staff costs will be included in the cost of the election.

·        All election costs must be paid in advance.

Your protests to the contrary, the Board is neither attempting to delay this election nor to run up the costs.  The Board and staff are ready to proceed immediately, but only with an election process that is both legitimate and well founded.  This election procedure will set a precedent for all future petition based elections and must be above reproach.  I will remind you again that the Board offered you independent mediation on February 10, on March 3 and again on March 25.  That offer remains open. There is no need for continuing acrimony.  The Board has already moved on two of your proposals and is in the midst of a total review of the bylaws.  You claim to be operating in the best interest of the membership, however your continuing objections to the Boards proposals for a fair and valid election procedure which will serve the Foundation now and in the future undercuts your contention.  We ask that you reconsider your objections and work with the Board to resolve this issue fairly and amicably