Tuesday, July 5, 2011

THE POWER OF THE PAPER TRAIL

THE POWER OF THE PAPER TRAIL
Local activists who've used public records to hold government's feet to the fire


by Jon Elliston, David Forbes and Jason Sandford in Vol. 16 / Iss. 34 on 03/17/2010


March 14 to 20 is this year's Sunshine Week — an annual, nationwide celebration of the critical importance of government openness and freedom of information. Discovering and reporting the inner workings of government is part of Xpress' mission, so it's a week we take special note of.
Trying to change a channel: Davyne Dial, who pushed for the release of records she believed public-access station URTV is obligated to reveal. Photos by Jonathan Welch (unless otherwise noted)

Year round, we maintain the Xpress Files, an online archive of government documents on everything from local development rules to police reports to environmental-impact statements (see mountainx.com/xpressfiles). It's something we typically highlight during Sunshine Week, but this year, we decided to turn the spotlight on local activists who pried open public records and used them to advance their respective causes. Here's what they had to say.
URTV dispute

Who: Davyne Dial, former URTV producer and board member

What was your mission, and how did you get involved?

"While on the board, we had questions about the financial records; we wanted management to be a little more forthcoming. When I started asking questions, I was sent an e-mail by the board president [Jerry Young] telling me I was suspended." Dial was later removed in a controversial vote by URTV members.

How did you get the public records?

"We still haven't gotten them. Through an attorney we requested the records, and their attorney said they didn't have to provide the records. We pressed hard, lobbying City Council [which, along with Buncombe County, oversees the public-access channel]."

What obstacles did you encounter?
"It was such a fight, and we encountered such hostility. I was suspended, then removed. We started to ask: Why this fight over some basic records? The fight still continues."

What did you find in the records, and what did you do with that information? What impact has it had?

"We're still waiting on the records, but in the city's new management agreement, they clamped down with requirements that URTV be open about its meetings and records. I think society would be better if things were more open and transparent, and this was my way of pressing for that wall to open up just a crack." After Dial and other activists pressed for greater openness, URTV also began allowing its meetings to be filmed, abolished a controversial secrecy oath for board members and started posting more meeting minutes online.

Any advice for other activists seeking to find and use public records to advance their cause?

"I suggest that they think carefully about what a whistle-blower can expect and about their next steps when they face opposition. You're going to get a lot of hostility. But if you're in the right, stay the course anyway. You have no good reason to back down."

THE INQUISITION

Editor's note: During the time before the scheduled meeting, Pastor Jerry Young stood outside URTV and told people coming to vote that the meeting had been canceled and no voting would take place. Inside , General Manager Jonathon Czarny also worked to confuse and skew the voting by spreading vicious rumors about Ms. Dial. As shown in the video, no meeting was ever called to order, and Ms. Dial was never allowed access to the membership list (this access was required in NC statutes governing this type of special meeting), to notify her supporters of the special meeting. Also Jonathon Czarny oversaw the voting, thereby making the vote a free choice, impossible. The atmosphere at URTV facilities became one of extreme division.

PART ONE


PART TWO



URTV staff: members vote 33-12 for board member’s removal; controversies continue Suspension after requesting financial records.
by David Forbes on 05/01/2009

Davyne Dial
Members remove Director

URTV members voted 33-12 on Wednesday to dismiss outspoken board member Davyne Dial, according to figures from URTV staff. However, Dial and her supporters have taken issue with the process.

The URTV studios were the scene of no small amount of tension and arguments. An Asheville police officer was in the offices during the proceedings.

Dial’s detractors asserted that the station is running well and that her actions caused negative publicity for the public-access channel.

“We’re moving forward, we’re trying to make this work,” URTV producer David Connor Jones said. “But negative stuff — portraying URTV as a shambles and not working properly — how does that help the membership? She’s being removed from the board because a lot of people are dissatisfied.”

Dial and her supporters replied that she’s just tried to bring attention to management and transparency issue,s and that she should not be penalized for, in the words of URTV producer Sean McNeal, “exercising her First Amendment rights; she’s being censored.”

The poll, lasting from 1 to 10 p.m. in URTV’s office,s was a last-minute change from a member’s meeting originally scheduled for that night. In objection to the change, Dial and others held a “nonmeeting” to discuss issues facing the station.

Board member Sandra Bradbury was there, and said that while the notice changing from a meeting to a poll had been signed “URTV Board of Directors,” she’d had no knowledge of it.

“It seems like they’re going off on their own and having secret meetings,” she said. “I hadn’t heard anything about it.”

Dial confirmed she had retained an attorney who had called URTV and said that any votes counted before 7 p.m. were invalid.

“I retained an attorney because this process is not legal,” she said. “Me standing on my own and saying that wouldn’t have the same weight. I did not threaten to sue, the attorney just said, ‘Hey, if you do this, it’s not legal.’”

But Treasurer Joe Scotto said that transparency concerns have been resolved and that URTV is following the state’s open-meetings law, as its required to do by its contracts with the city and county, who funnel a portion of cable fees to the channel.

“There’s no secret meetings,” he said. “Our meetings are open, they’ve been filmed. We’ve addressed these concerns.”

“You failed to speak up, Joe — you were a part of it,” Board member Richard Bernier, who’s also facing a dismissal attempt, said of transparency concerns.

“The issues that have been resolved — about open meetings — have only been done because me and Richard and I have been insisting these things are done,” Dial said. “If nothing else happens, and I get kicked off the board, I feel pretty good because things are looking up, people are paying attention. This is an important public entity to our community. I’m sorry that it had to come to this point, but you have a management style that forces a push-comes-to-shove situation, which is extremely unfortunate.”

Both Dial and Bernier said they’re willing to sit down with URTV’s management and other board members to work out their disagreements.

After the vote, Dial sent out a list of criticisms of the process, including that her supporters hadn’t been told to vote after 7 p.m. while her opponents had, and that the necessary membership meeting had never been called to order.


— David Forbes, staff writer

After bad press for improper removal of Board Members URTV tries a different tactic.

URTV attorney explains call for special meeting to remove board member

by David Forbes on 04/06/2009

A petition presented by URTV producer Dale Joyner calling for the removal of outspoken board member Davyne Dial at the last meeting of the public-access channel’s board of directors constituted a call for a special meeting of the channel’s membership, URTV attorney Scott Dillin asserted in an e-mail today.

Dial, along with board member Richard Bernier, has pointedly criticized the management of the station and what she sees as issues of transparency. On Feb. 9, the board’s executive committee voted to recommend the removal of Dial and Bernier.

“The Special Meeting was called by the members, at the last board meeting, via [Joyner’s] petition,” Dillin wrote, in response to requests by Xpress to clarify the meeting process. “Under the bylaws, such a petition would constitute a request by 10% of the members (I recollect approximately 26 were said to be on the petition) for such a meeting.”

Usually, URTV bylaws require a 2/3rds vote by the Board of Directors to remove a member, and this is the method that has been used in the past. State law does allow the members of some nonprofits to remove board members they’ve elected.
“Other positions on the Board, such as Mr. Bernier’s seat, are appointed by the Board itself or Asheville City Council, and so on, and are not subject to removal by the Members,” Dillin noted.

“In the end,” he added, “this is probably a positive for all parties involved, as it requires notice be sent to all members, giving all parties with an interest in the proceedings an opportunity be present and cast their vote reflecting their position on the removal of the member.”

In presenting her petition, signed by 26 URTV producers, Joyner called on the board to “discuss the dismissal of Davyne Dial,” whom the petition accuses of spreading “undue negative publicity and false rumors to URTV that have served to bring URTV negative press at a very critical period.” As read, the petition did not mention a special meeting of the membership.

The special meeting will be held at 7 p.m. on Wednesday, April 29, in the URTV studios.

— David Forbes, staff writer

Following the improper attempt at removal of two Directors

Asheville City Councilman Bill Russell (liaison to URTV) was contacted by email. Email was necessary as Councilman Russell had never found time to attend a single Board meeting of URTV while he was assigned as liaison, even though this Board was on his watch.
________________________________________________________________________________________________

On Wed, Mar 4, 2009 at 9:05 AM, Davyne Dial wrote:
To: Mr. Bill Russell
Liaison to URTV

Dear Mr. Russell

I wanted to let you know that I've heard that the URTV board has met (in secret) and officially voted Mr. Bernier and myself (Davyne Dial) off the Board of Directors. We were not notified of a "special" meeting, nor were we ever given the reason for our dismissal. Neither was Sandra Bradbury notified of a special meeting by the Board. That made a total of at least three board members who were missing from the meeting.

We have not been "officially" notified of this decision; however mention was made of the Board decision yesterday evening at the County Commission meeting. So you may want to verify from someone at URTV. I suspect this was an effort to avoid the bright light of transparency and the possible presence of the press had this meeting been done in the proper fashion.

Here is my official statement on this.

"It appears the the Board of Directors has cherry picked certain members to attend a secret "special" meeting to vote on Mr. Bernier's and my dismissal. Wouldn't all boards like to be able to conduct business like this? Who needs to debate and listen to differing points of view anyway?

We were never informed of the reasons for this decision to remove us, and due to not being informed of the meeting we were unable to offer any rebuttals for the Board to consider. This move is another sad example of the rules and regulations of URTV being necessary and strictly enforced for the members or producers of URTV, but not an important guide for proper behavior for the management of URTV.


It appears that while the Board has chosen the easy way out, my feeling is this opens up a whole new hornets nest of controversy about the continued flaunting of established rules and regulations."

Regards,
Davyne Dial
_____________________________________________________________________________________________________

Mr Russell replied withing a few days and asked Ms. Dial to please forward her observations to City Manager Gary Jackson.

That letter is available at this link. | Letter to City Manager Gary Jackson