The Board of Trustees and their supporters play fast and loose with
the law, and with KOOP's bylaws. Here's a summary of their more
obvious violations:
Making a false
police report against the station engineer.
When station engineer Jerry Chamkis
repossessed equipment for which KOOP had defaulted on its
payments, board president Teresa Taylor directed station manager
Marcelo Tafoya to file a false police report against Chamkis,
claiming that Chamkis stole the equipment. (Tafoya
dutifully and illegally filed the false report.)
[more
on this issue]
Illegally
forwarding our postal mail to the station.
While we can't prove who exactly did
this, somebody filled out a Change of Address card
to have all our postal mail forwarded to KOOP, about two weeks
before the Special Membership Meeting we called, meaning that we
didn't receive any petitions or proxies mailed to us by members
during that time. Around the same time, Eduardo Vera (who is
married to the board president) started picking up the mail for
KOOP. Eduardo never presented us with any misdirected
mail.
Raiding the
equipment fund.
Because crucial studio equipment
(like tape & CD players) are constantly breaking down, KOOP
held a special Studio Equipment mini-pledge drive in May 1998 to
raise money specifically for new studio equipment. However, the
trustees spent the bulk of the money on operating expenses
instead. This violates FCC rules, which require that money
solicited on the air must be used for the announced purposes.
Furthermore, radio fraud is prohibited by the Criminal Code (18
U.S.C. Section 1343). [more
on this issue]
Hiding
corporate records.
The trustees have hid corporate
records offsite, such as the membership database, and records of
the fall 1998 Community Board election. This violates State Law,
which requires that KOOP keep such records at its office.
(Vernon's Texas Civil
Statutes,Title 32, Art. 1396-2.23 A., Books and
Records)
[more
on this issue]
Failing to
provide information requested by members.
Beyond hiding corporate records, the
trustees have also failed to provide these records (including
minutes of board meetings) when requested to do so by members.
This is a separate violation of State Law.
(Vernon's Texas Civil
Statutes,Title 32, Art. 1396-2.23 B., Books and
Records)
[more
on this issue]
Failing to
hold an annual membership meeting.
The trustees failed to call and hold
a general membership meeting in 1998. This violates KOOP's bylaws,
and State Law. (Vernon's
Civil Statutes, Art. 1396-2.10, Meetings of
Members)
[more
on this issue]
Violating the
Bylaws in the Community Board election.
To ensure their side's victory on
the 1998 Community Board election, the trustees broke KOOP's
bylaws by lumping all five categories of community organizations
together into one category, rather than counting their votes
separately. Violating KOOP's bylaws is also a violation of State
Law. [more
on this issue]
Voting without
quorum.
On at least one occasion and
probably more, KOOP bodies have taken votes without having quorum.
This violates KOOP's bylaws, which is also a violation of State
Law. [more
on this issue]
Passing
motions with fewer than the number of votes required by the
bylaws.
Due to sheer incompetence, the
trustees rewrote the bylaws to require all actions of the board of
trustees to pass only by a unanimous vote by all the
trustees. Needless to say, very few (if any) decisions "passed" by
the board received the approval of all six trustees.
[more
on this issue]
Libeling &
slandering the General Manager, and others.
Board member Mac McKaskle and
then-Community Board chair Eduardo Vera used KOOP's airwaves to
make a number of libelous and false statements against Friends of
KOOP and individual KOOP members. For example, Mac falsely stated
that former KOOP station manager J. Bala Wong had committed tax
fraud while employed by KOOP. [more
on this issue]
Using the
airwaves for self-promotion.
At least one of Eduardo Vera's
programs aired a request for contributions to his own legal
defense fund. This violates FCC rules against using public
airwaves for self-promotion.