CKLN UPDATE -- July 13/2k8: What's happening at CKLN? What's not happening at CKLN?


This is a statement from the Board of Directors of CKLN. We hope that it sheds light on what's
happening at CKLN. We encourage you to contact us for any additional information that will help
you to be informed (contact information at the end of this statement).

The essence of the situation is this: In February, 2008, members voted to remove the non-student
members of the Board of Directors, and to dismiss the Station Manager and Program Director.
This was done carefully and in accordance with CKLN's By-law.

Subsequently, two community members, two volunteer members and a core staff member were
elected to the Board, in accordance with the By-law, in every respect.

The Board members and senior managers who were removed/dismissed have refused to leave and
are taking actions they have no right to take. With a huge impact on CKLN.

Background

CKLN's mission statement, which has been guiding CKLN for 20 years, is a remarkably
progressive statement. CKLN has a history of continually striving to reach the ambitious goals
outlined in its mission statement.

Doing so has not been without conflict; CKLN has had a history of conflict, often messy. That is
hardly surprising.

The attempt to achieve a just and harmonious society where people who are and have been
marginalized in the Canadian society makes for conflict, even within the people in communities
that CKLN has admirably spoken for.

It is particularly admirable that CKLN has ensured that the voices of working people; poor
people; people of colour; people with disabilities; lesbians, gays, bisexual, transgendered and two-
spirited people are heard IN THEIR OWN VOICES.

We will answer seven questions in this statement:

• Are there two Boards of Directors?
• What is the Union's position in this?
• Did anyone associated with us steal CKLN funds?
• Is it true that the new Board doesn't care about volunteers?
• Where are the student members of the Board in all of this?
• What about this Annual Staff and Volunteer meeting on July 16 ?
• What is the future direction for CKLN?

1. Are there two Boards of Directors?
No. There is only one Board.

Members of CKLN had become very concerned that the recent direction of the station is
inconsistent with its proud history.

In February, 2008, members voted to remove the non-student members of the Board of Directors
from the Board. At the same meeting, they also voted to dismiss the Station Manager and
Program Director, both of whom are automatically members of the Board of Directors, through
CKLN's By-law.

That vote was held at a Special Meeting that was called and conducted in accordance with the
By-law, in every respect.

The subsequent election of two community members, two volunteer members and a core staff
member to the Board were also conducted in accordance with the By-law, in every respect.

We have a document that outlines the process of removal, dismissal and subsequent elections. We
are happy to share it with anyone. We're happy answer questions about the document. We're
happy to provide information so that people can draw their own conclusions. We are attaching the
document to this memorandum.

Assertion that the February meeting was invalid

The non-student members who were removed from the Board have asserted that the process of
their removal was invalid. They also assert that the subsequent elections of new non-student
members is also invalid. We stand by the position that their saying so does not make it so.
Assertion is not proof. Clearly, they have a vested interest in making the assertion.

Where is the legal opinion?

The non-student members of the Board have also said that they - not he Board, but they
themselves - received a ‘legal opinion on the process used to call the “Special Meeting” as well
as the reasons stated as “just cause” for removing certain Board members and the management
staff.'

We have asked for that opinion. We have not received it. Counsel for CKLN is Paula Boutis, of
Iler Campbell. She has refused to give us a copy of the legal opinion. Furthermore, she says she is
‘not obligated or permitted to provide us with [the] opinion'.

In our opinion -and that of other lawyers we have informally consulted - she is not acting for the
Corporation in taking the stance she has.

CKLN's paid staff made the members vote to remove/dismiss - former Board members say

As you may know, the former Board members have put a statement on the CKLN website. It
implies that, because of paid staff instigation of the Special Meeting in February, the meeting was
invalid. We reject that idea.

Even if we were to accept that the Special Meeting was inappropriately initiated by paid staff, we
believe that it is insulting to the intelligence of the members who voted at that meeting that, after
open, free and lengthy discussion of the issues, they were manipulated into voting to remove nonstudent
members and dismiss management staff.

This can be resolved simply

Some time ago, we made a simple proposal to resolve this: that we receive a copy of the legal
opinion to which the removed Board members refer; that, after our review of the opinion, Ms
Boutis facilitate a meeting with the removed Board members and ourselves, with a view to
resolution of the dispute and in the best interests of CKLN. Not only did Ms Boutis refuse this
proposal, she told us not to contact her again.

We have a very simple view of all this. On the basis of every single factual piece of information
we have, we are the Board. If we receive information from Ms Boutis that clearly and
persuasively outlines why we aren't, we can and will simply fold our tents and leave.

Ms Boutis wants an unnecessary and expensive resolution. Why?

Ms Boutis wants us to go through the expense of taking the matter to court. This is patently
ridiculous. She could save expense and unnecessary conflict by GIVING US THE OPINION and
making clear that she gave the opinion to the Board, not some members (who are not free of a
conflict of interest in this matter). One of the student members has already confirmed that she has
never seen the opinion.

We continue to actively try to resolve this. If necessary, we will go to court, but only as a last
resort. We do not want to burden CKLN with unnecessary expense. Based on all the information
we have, we are confident that, in court, we would be confirmed as the Board.

We have no idea why Ms Boutis is taking the position she's taking.


2. What is the Union's position in this?
We are the employer, in our opinion. The negotiations with CUPE should be with us. We have
advised the Union to that effect. We believe that CUPE Local 1281 took the correct position
when it decided that it would not continue negotiating this first contract until CUPE was clear as
to who the employer was. That seems to be a prudent position for CUPE to take and not
‘bargaining in bad faith', as the former Board members interpret CUPE's position.


3. Did anyone associated with us steal CKLN funds?
There is a rumour that a volunteer has stolen CKLN funds.
Our response to this rumour is simple
and clear: No one we know has stolen anything; not a dime.

We do know this. Since we are not able to get access to the station as legitimate Board members,
we have to act prudently.

When we learn of funds that are due CKLN, we have taken a simple position. We will hold them and
not touch them - until the dispute is resolved. We cannot and will not put funds in the hands
of persons who, in our opinion, have no right to spend those funds. Period. End of story.


4. Is it true that the new Board doesn't care about volunteers?
The Board is not responsible for - and should not take responsibility for - direct supervision of
volunteer programming staff. That's the job of the Station Manager and Program Director.

However, we are responsible for ensuring - through supervision of the Station Manager and
Program Director - that there is an environment at CKLN for volunteers to produce programming
consistent with the mission. That there is an environment of fair play and natural justice.

It is bad enough that dismissed senior staff are acting as though they still have authority to
manage. It is even worse that their behaviour - in its result - is neither fair nor just.

Dismissing volunteers in a manner that appears, at least, to be capricious and arbitrary is
unacceptable.

It is particularly problematic that at the same time as Prime Minister Harper - not a person who
enjoys a widespread reputation for advocacy of marginalized peoples - apologized to First
Nations peoples for the harm caused to them by their abuse in federally-financed residential
schools, that CKLN either removed the one First Nations woman from her show or made
conditions such that she had to leave.

We are very concerned to ensure that CKLN remains true to its mission. Volunteers are key to
that. They always have been. We want that to continue.


5. Where are the student members of the Board in all of this?
The By-law stipulates that there are four student members of the Board. In addition, the Ryerson
Students' Union (RSU) also appoints a member to the Board. The RSU position is presently
vacant.

It is apparent to us that student member involvement in Board meetings in the past has been, at
best, inconsistent. It seems that, at least recently, there hasn't been active reaching out to student
members to ensure their consistent involvement.

We want to change that.

We have had conversations with three of the student members. One has resigned. One has stated
an intention to resign; she is out of the country. One has participated in one of our meetings and
told us that her work schedule is erratic and makes it difficult for her to commit to meetings. She
has subsequently said that she wants not to be involved until the dispute is settled.

It has become clear to us that there may be an incomplete understanding by student members of
their responsibility as Board members.

Accordingly, we have decided that we will ensure a full orientation of student members as to their
responsibilities. In addition, we have set up four task forces, one of which is to ensure that we
have engagement of students in CKLN and that they can actively influence its direction.

We are committed to making student involvement be full and not token. In the meantime, we take
the position that the duly elected student members are members of the Board.


6. What about this Annual Staff and Volunteer meeting on July 16 ?
We have heard about the meeting.

In our opinion, it is not legitimate called; the people who called it have no authority to do so.
Decisions taken at it are invalid, in our opinion.

We will be writing a memo to the former Board members, including the former senior
management staff, stating that their actions are not legitimate and that any decisions that flow
from that meeting are invalid. Note that, even if it were called by people who authority to do so,
the By-law clearly states who can attend CKLN meetings: volunteers, staff, students and
community members may attend. The By-law does not allow anyone to pick and choose who
can attend.

We also urge anyone who attends that meeting to ask the following questions: “Why is this
meeting legitimate? On the basis of whose opinion? Is there a legal opinion on that? If so, to
whom was the legal opinion given? What does it say?

7. What is CKLN's future direction?
We are passionately committed to CKLN's mission. Its vision for a just society is a vision worth
working for.

We intend to ensure that CKLN is accountable, diverse and transparent. We will create the
conditions to ensure that paid and volunteer staff, supporters and listeners, and Ryerson students
can rely on CKLN to be responsive to them.

We acknowledge that conflict is inevitable and valuable; it helps us to move forward. We will
make sure that we have processes in place to resolve conflicts that arise, as they arise.

We believe that we can be true to our mission and be successful. We are determined that CKLN
will be.

Where can you get more information?

We post Board meeting agendas publicly. Board meetings are open to members. We make time
available to members to give us information at our Board meetings. We invite feedback. We are
always willing to respond to questions from members.

Here is who we are and how you can contact us:

Conrad.Collaco@cbc.ca; Conrad Collaco (Vice Chair; former Core Staff Representative) -
hdouglas02@yahoo.ca; Heather Douglas (Treasurer; Volunteer Staff Representative) -
gmacdonald@riseup.net; Geoff MacDonald (Secretary; Community Member Representative) -
ArnoldMinors@sympatico.ca; Arnold Minors (Chair; Community Member Representative) -
ronnelson@bellnet.ca. Ron Nelson (Volunteer Staff Representative) -

Nubn
"When the tree is strong, the fruit is sweet."