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December 2009

December 30, 2009 - Is it the eleventh hour?

Seemingly out of the blue (it is a blue moon tomorrow night), Ramona Fonseca, the Mayor of Granger, who has spent days ensconced in closed meetings with Maria Fernandez, has strangely decided that the city of Granger must now maintain neutrality. Most peculiar, given her non-neutral involvement with the phony restraining order that was served on a KDNA employee later fired, as well as with the restraining order issued against the community during the sit-in. Perhaps Fonseca was concerned that the Council might take a position in support of the community trying to get KDNA to resume the Mission that it has abandoned? For today, she appears to be following the lead of the Commission on Hispanic Affairs.

Ramona Foseca, Mayor of Granger to City Council

December 30, 2009 - Commission on Hispanic Affairs offers to arbitrate

YAKIMA, Wash. -- The state's Commission on Hispanic Affairs has stepped into the Radio KDNA fray, citing fears that the financial viability of the nation's first Spanish-language public broadcaster is in jeopardy.

The Olympia group has offered to serve as an arbitrator between KDNA's management and its former employees and longtime listeners, and put an end to the yearlong dispute that has resulted in multiple employee dismissals, strikes and even arrests at the station.

"The continued turmoil is damaging the image of the Latino community, dividing our community and has the potential of destroying (the organization)," commission leaders wrote in the Dec. 22 letter to leaders of both camps.

See full article in Yakima Herald

December 29, 2009 - KDNA tenants abandon new facility

For 29 years KDNA partnered and collaborated with organizations wishing to provide services and support to the underserved of the Yakima Valley.  These partnerships have included everything from health fairs, to food drives, “toys for tots”, and, of course, radio programs.  The vision for the “new” (2008) KDNA facility and community center, included centralizing some of these services in the new building, in offices conducive to the kind of service being provided, and in an environment that was supportive of community service and reaching out to those in need.  Rent paying tenants in the building were also a part of the financing plan and were a way to ensure sufficient cash flow to maintain a 15,000 square foot office building.

Consejo Counciling ServiceConsejo Counseling and Referral Service is a large multi-services organization that provides bi-lingual behavioral health, substance abuse and domestic violence services throughout Washington State.  Consejo’s website describes their service delivery model as empowering “clients to participate in their communities at their highest level of functioning,” which would seem to naturally blend with KDNA’s mission of empowering  members of disadvantaged communities “to more fully participate in our multi-ethnic society."

Consejo’s partnership with KDNA goes back to 1999, and they were always part of KDNA’s plans for the new building, in which they have been rent-paying, and community-serving, tenants since it opened in July 2008.  The relationship, though, has changed.  In October, we received a copy of a letter that Consejo Executive Director Mario Paredes had written to the KDNA ED, Maria Fernandez.  In the letter Paredes expresses his concern about the changes that have occurred at KDNA since Fernandez took control, and how Consejo staff and clients have been affected.  As he offered to meet and discuss the issues and assist in resolving them, with the hope that Fernandez and the Board of Directors would be responsive, we hesitated publishing the letter until now.  Why now?  Because Fernandez and the Board have made it clear to all that they will not be responsive to the entreaties of anyone.

Here is Mario Paredes letter:

October 14, 2009

Maria Fernandez
Executive Director
Radio KDNA

I am writing this letter because I am concerned about the current situation at Radio KDNA

Background

As you are aware, Consejo Counseling is a tenant at the site of Radio KDNA. This relationship was established in 1999 while Ricardo Garcia was the Executive Director of Radio KDNA and it continues today. During this time, I have seen the expansion and development of the radio station through their capital campaign for the new building and radio equipment. I am pleased to say that I personally met with some of the funders, such as, the Gates Foundation and supported Radio KDNA's advocacy efforts in Olympia in their search for a State appropriation. In addition, over the last five years through Latino Legislative Day and Unity Day, Consejo has advocated for the right and access to services for migrant Latinos workers in Yakima County. Furthermore, our advocacy efforts have increased access to services for domestic violence, sexual assault and general crime victims and survivors. Today six of our Consejo advocates work out of the Radio KDNA building, breaking the cycle of abuse, violence and oppression against women and children.

Concerns:

Unfortunately, since the administration changed at Radio KDNA, I have seen the following symptoms of much deeper problems. Radio KDNA employee's moral is down, the Latino community in Yakima county and Granger is divided, strikes have occurred at the Radio station, and the overall performance, honesty and integrity of the station has been placed in question by the community.

During 2009, there have been several times when Consejo employees and Consejo as an organization have found ourselves struggling on how to best address community needs without having to be involved in a labor dispute between your administration and your workers. The following are some examples:

1. Our staff has heard about unfair labor practices which affects the morale of your employees.

2. It is clear that there is a tremendous amount of tension between your administration and your staff.

3. It is also clear that the resolution of these labor relations has gone on longer than necessary.

4. The health and safety of our staff and clients have been jeopardized.

5. I am concerned about the unknown future of Radio KDNA.

6. One of staff provided assistance to one of your employees and she found herself in the middle of the labor dispute. In addition, we were also contacted by the National Labor Board in regards to your involvement in this case. Our client's privacy and confidentiality is protected by State and Federal statutes; therefore, it is my responsibility to safeguard protected client information as required by law. However, our staff does not need the amount of tension this created given the fact that we already deal with clients in crisis.

7. During the labor strike, Consejo found its self in a very difficult position because, adhering to our contracts, we can't stop services to our clients. We are required to be available and accessible to them, especially during life and death situations. On the other hand, our employees had to cross picket lines. The labor movement considered a form of disrespect.

8. In my visits to Granger, I have made it clear to you that Consejo is willing to help in any way possible to resolve this matter. I have also provided you with legal and benefits information and referrals, so you could address your labor disputes sooner rather than later. It is in the best interest of your staff, clients, Consejo staff, clients, your administration and the community at large that these concerns are resolved immediately. This labor dispute has gone on too long.

Positions:

This is Consejo's position:

1. Consejo does not endorse or support the current management labor practices.

2. As a tenant, we need office space that is free of negative energy, unhappiness and tension.

3. Consejo as an organized labor agency for almost 15 years is able to resolve its labor differences by meeting with labor representatives, listening to their concerns, involving them in labor/management and safety committees and by treating them with respect and dignity.

4. It is my professional opinion that in an organization every one plays an important role and the skills of the janitor are as important as those of the Executive Director. We are both necessary to the agency and we both bring different skills and talents. Therefore, we both need to support each other. The success of the organization does not belong to a single individual. The directors could use a deficit model and see the employee's weakness or use an empowerment model and see the employee's strengths and potentials. When an agency loses one staff person, the agency loses organizational history and credibility in the community. I encourage you to re-evaluate how your management team and business practices is viewing its employees.

Expected Resolutions:

As a tenant of Radio KDNA and Executive Director of Consejo, I request the following resolutions:

1. That labor relations be given the highest priority to resolve labor disputes as soon possible.

2. That the welfare of your staff, our clients, Consejo staff and the Latino community be placed first over personal differences.

3. That unfair and unilateral labor practices stop and that labor be given an opportunity to represent the Radio KDNA employees as mandated by law.

4. That practice of fear and intimidation stop and good faith negations be established.

5. It is Consejo's position that if by end of 2009, labor concerns have not been resolved by your administration and the Radio KDNA Board, Consejo will have no option but to relocate its operations to a new facility by the end of January, 2009. This will be a great loss to the Granger community because we will most likely be moving our services to a nearby town. This will also be a great loss to the 10 year partnership. In addition, it will be a loss of revenue for Radio KDNA. I personally hold you accountable for this loss. You and I know how much these service are needed in the Granger community.

6. Since, I do not have the home address of your Board Member, I request that you share this letter with the Radio KDNA Board of Directors

Support and Commitment:

I am available to assist and help if your office and labor representatives so desire. Consejo is an independent party to the Radio KDNA conflict, but we share a common vision to serve the Granger and Yakima County communities. If you have any questions or would like to talk to me about this letter, please do not hesitate to call me at (XXX) XXX-XXXX ext XXX. I am out town this week, but I will return to my office on Monday.

Sincerely,

Mario E. Paredes, MA Executive Director

Cc: Radio KDNA Board Members
Radio KDNA employees

December 23, 2009 - Editorial in Yakima Herald: Everyone must stop shouting, start listening to save KDNA

This editorial appears in the Dec. 23, 2009, Yakima Herald-Republic.

One thing seems almost certain: If the controversy that has embroiled KDNA, the nation's first Spanish-language public radio station created by and for farm workers, doesn't quiet down soon, its survival is in doubt.

That means both sides need to stop the inflammatory accusations, the name-calling, the sit-in protests, the walk-off-the-job strikes, the finger-pointing, and get down to the job of keeping this station on the air. It's time to turn down the heat and chill out.

The crisis at the Granger-based KDNA began innocently enough when the station's director and one of its founders, Ricardo Garcia, retired last year. The board of directors hired Maria Fernandez to succeed him. It's clear Fernandez, with the board's blessing, wanted to change the direction of the station and aim its programming toward a younger audience. She also brought a different style of leadership that hasn't pleased some employees and former board members.

Several station workers lost their jobs. Fernandez says it was due to poor work performance; critics say it was due to the employees' unionizing efforts. Former board members and ex-station workers got into the fray and argued that they would settle for nothing less than Fernandez's dismissal. The current board has, so far, held firm and has kept her on the job.

Then earlier this month, as the station reached its 30th anniversary, the Granger police chief had to step in and arrest four protesters who had refused to leave the station for two days. That came on the heels of an ill-advised complaint filed in court by Fernandez, claiming the police chief was slow in clearing out the protesters. Not a pretty scene.

We are not taking sides in this fracas. No one should. The station's current management team along with the board of directors need to open lines of communication with the protesters. It's also incumbent that these protesters agree to listen as well, and that means no ultimatums, no walkouts, no overnight sit-ins.

Seeking an unbiased, outside arbitrator may seem like a fruitless strategy at this point, but it's worth a try. Something has to be done. If not, KDNA will become a mere footnote in the history books. We trust neither side wants to see this happen.

So stop yelling and start listening. The future of KDNA is at stake.

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.

December 19, 2009 - Thirty years since KDNA went on the air, and Yakima Court repudiates Fernandez and her reported mentor, Mary Rita Rohde

We haven't had a chance to write and publish anything new of our own in the last few days. Fortunately, the news stories about KDNA are showing up in the establishment media frequently enough. So, we are running this to let you know what has happened. We will be writing more about the sit-in, the arrests, and this incident in the next couple of days. Please stay tuned. And remember, you can always email us at SaveKDNA@kdna.fm or submit your comments using the survey form.

Judge dismisses lawsuit against Granger police chief

(Article originally published in Yakima Herald-Republic)

Philip Ferolito, Yakima Herald-Republic

YAKIMA, Wash. -- A complaint that Granger's police chief failed to enforce a restraining order against former Radio KDNA workers and their supporters has been tossed out of court.

The Spanish language public radio station's executive director filed the complaint against Chief Robert Perales on Dec. 11, saying he failed to enforce a restraining order against former KDNA employees, their union representatives and families after they refused to leave the station when talks with the station's board broke down.

The station's executive director, Maria Fernandez, obtained the restraining order on Dec. 10, after the group had occupied overnight the station's building at 121 Sunnyside Ave. in Granger.

Perales said he didn't make any arrests because the restraining order's language was unclear.

The following day, Fernandez modified the restraining order to strengthen its language and filed charges against Perales for not enforcing it. Later that day, Perales handcuffed and escorted four people from the station.

In Yakima County Superior Court on Friday, Fernandez's attorney, Gary Lofland, argued that Perales is represented by the same union as fired KDNA workers.

But Judge Michael McCarthy said the original restraining order was confusing, and given the circumstances, he didn't believe Perales was purposely defying any court order.

It's not clear who was escorted away from the station in handcuffs. Perales said he's under orders from Granger Mayor Ramona Fonseca that all information from police has to come from her office.

Fonseca said Perales isn't giving her any information about the incident, including whether the four people handcuffed had been arrested or merely detained.

One of the men who was handcuffed and taken from the building was prominent Seattle Latino activist Roberto Maestas, who has said he and the others were arrested.

Problems at the station began after Fernandez took over as executive director in June 2008, following KDNA founder Ricardo Garcia's retirement.

Several firings have occurred and efforts to change direction of the station have encountered fierce opposition. Fernandez says the firings were justified, but workers say otherwise.

December 15, 2009 - Crowd wants Granger Council to enter KDNA fray

(article originally published in Yakima Herald-Republic)

By PHIL FEROLITO
Yakima Herald-Republic

GRANGER -- About 20 people unhappy with the direction of Radio KDNA gave the City Council an earful Tuesday night and urged it to form a committee to address problems at the station.

The group showed up to the City Council's work session in response to the arrest of four people who were at the station Friday after talks broke down with its board of directors.

Members of the group also accused Mayor Ramona Fonseca and Councilwoman Natalie Ybarra, who is also a member of KDNA's board of directors, of supporting the new direction the station is taking.

They also accused Fonseca of ordering police Chief Robert Perales to arrest those who were at the station opposing its new executive director, Maria Fernandez.

Perales is represented by the same union as KDNA employees.

After hearing about an hour of complaints from the group, Fonseca said the city has no authority over the nonprofit station's operations.

"They are their own entity," she said. "We cannot go in there and tell them what to do."

But members of the group accuse her of being at the station, often supporting Fernandez.

"I'm at the station because I need to be there," Fonseca said to the group.

Fallout at the station began not long after Fernandez took over as executive director in June 2008, following KDNA founder Ricardo Garcia's retirement.

Several firings have occurred since that time, and Fernandez says they are justified. Workers, however, say otherwise.

After talks broke down last Thursday with KDNA's board of directors, workers and their supporters occupied the building the station is housed in the Northwest Communities Education Center at 121 Sunnyside Ave.

The following day, the station acquired a restraining order against those occupying the building and four were arrested.

Perales wouldn't provide details surrounding the arrests, nor the names of those arrested Tuesday afternoon, citing orders that all information to the public come from Fonseca's office.

But earlier Tuesday, Fonseca said she did not have any reports of the arrests, and that information could be obtained from the police department.

Turmoil at radio KDNA, La Voz del Campesino (KNDO-TV, December 10, 2009)

Turmoil at Spanish-language radio station KDNA continues long after the end of an employee strike, with employees staging a sit-in Wednesday night that carried into Thursday.

Protesting and picket signs, led by teamsters, fired KDNA employees and other members of the local Hispanic community. It's an all too familiar site in Granger.

"I think everbody's faith has been shaken," Maria Fernandez, Executive Director of Northwest Communities Education Center, KDNA's parent company, said. "It has been incredibly destructive to the organization. It is not at all about supporting employee's rights."

Fernandez said the Teamsters Local 760 have targeted KDNA in an effort to unionize non-profit organizations and gain control of a radio station; claims Teamsters representative Bob Kerner denied.

The number of former KDNA employees climbed after last night's NCEC Board of Directors meeting. Longtime employees Amelia Ramon and Juan Ozuna were let go, allegedly for speaking out at the meeting. The board also drew the community's ire for not addressing their concerns, instead leaving without properly adjourning the meeting.

"To see them terminated, it was a shock to me," station manager Gabriel Martinez said. "It was a disappointment to me."

Along with Ramon and Ozuna, Gabriel Martinez is one of the original employees of Radio KDNA.

He crossed the picket line this summer to keep the station going. Now, he may be the last domino to fall.

"I told [Fernandez] that I was going to resign if she didn't give me the station back 100 percent," Martinez said, meaning he wanted to regain operational control of KDNA.

KDNA's future looked bright last fall when this building opened.

New home, new leadership: Martinez says he and other employees thought KDNA was headed for new heights.

"I was going to give her 100 - 110 percent support as the manager of the radio station," Martinez said. "I was going to do my job and support her ideas."

Now the station's finances are in disarray. Martinez fears KDNA may not last another year.

Next month, there will are arbitration hearings for seven former employees who claim they were fired without just cause.

Win or lose, those cases will combine to have a six-figure price tag for the already-struggling radio station.

(Originally published by KNDO-TV)

December 14, 2009 - KBCS, at Bellevue Community College ran a news story on Monday

Click on picture below to hear the story. (Link fixed)

KBCS Featured Story

Or, browse the KBCS Special Reports

December 14, 2009 - Photographs from Friday

At Radio KDNA one of the campesinas is arrested after the restraining order is served.

At Radio KDNA one of the campesinas is arrested after the restraining order is served.

At Radio KDNA Roberto Maestas of the campesinas is arrested after the restraining order is served.

December 13, 2009 - Later today - Four more videos of the Community and Board

Roberto Maestas is arrested

On December 11, 2009, after the temporary restraining order was explained to the community protesters, 4 members of the community chose civil disobedience. Here, Roberto Maestas former president of the Board of Directors of the NCEC (Northwest Communities' Education Center) and KDNA, as well as a long-time activist and founder and retired Executive Director of El Centro de La Raza in Seattle, is removed from the building. He makes a statement from inside the police vehicle.


Gabriel addresses the community during the sit-in

Gabriel Martinez, long-time KDNA Station Manager, speaks to the community during the sit-in at the Granger Community Center. Although Martinez has been a supporter of Maria Fernandez for the last 17 months, he now expresses his unhappiness at the turn of events and says he will resign if changes are not made to restore the radio station's mission. One important aspect of KDNA's mission was job and skills training for farm workers. Twenty-five years ago, Martinez was a student trainee of the founders: Julio Guerrero, Dan Roble, and Rosa Ramon. After witnessing Fernandez systematically dismantle all that the founders accomplished, Gabriel seems to have come around.


The Board meeting ends in chaos

On December 9, 2009, just before the Board of Directors fled the building, Jesus Sosa attempted to get them to address a few of the many issues that the Community has asked them about over the last 17 months, and to which the Board has not responded. Note how Jorge Lobos (the former Chair of the Board) disrespectfully gets up to walk out when Jesus starts to speak. One issue was the scandal of the pornography on the station's new website. For some reason the young woman (Fernandez's executive assistant, hired as a strike breaker last May) apparently thought they were talking about her personal web page, and, grabbing the microphone, jumped up on the stage to defend herself. Chaos ensued.


Fernandez at work

On December 9, 2009, the NCEC/KDNA Board of Directors had one of their irregular meetings. Here's Executive Director Maria Fernandez making a presentation to the Board. What sense can you make of it? Observe the puzzled expressions on the faces of the Board members. Even though the presentation is completely unintelligible, note how they actually go through the motions of "accepting" her report.

December 13, 2009 - Video of recent events

On December 11, 2009, after the temporary restraining order was explained to the community protesters, 4 members of the community chose civil disobedience. Here, the second is removed.

On December 11, 2009, after the temporary restraining order was explained to the community protesters, 4 members of the community chose civil disobedience. Here, the first is removed.

The temporary restraining order is served on the community

After a three-day peaceful sit-in at the Granger Community Center occupied by Radio KDNA, on Friday December 11, 2009 the police chief of Granger, Washington serves a temporary restraining order requiring the demonstrators to "depart and leave" the property immediately and to not return before December 25, 2009, or the court date of December 18, 2009 should the order be overturned. As the police chief reads the order, Roberto Maestas translates.

December 12, 2009 - Recent events

Fernandez and the Board have been telling people that the community "has run out of steam". What they do not understand is that this radio station belongs to the community, and the community is determined to retrieve their stolen property. For eighteen months the supporters, listeners and friends of KDNA have tried to communicate with the Board. Every time they have reached out to the current management, they have been rebuffed. The events of the last three days show that the commitment of the people to return KDNA to its mission of service is stronger than ever, and that the support for the this effort has spread across the sate.

On Wednesday night, after yet more evidence of Fernandez's destructive influence was presented to the Board, the friends of KDNA once again asked for her termination. The Board did not respond. Instead, it went into hiding. The community, determined to meet with the Board, decided to wait in the building until the Board returned. And so they waited, and waited, for three days. Meanwhile Fernandez called the police, and called the police, and called the police. The police came, and as usual saw nothing amiss, and left.

That was until Friday afternoon when one of Fernandez's servile paid followers called the police reporting that the demonstrators were throwing chairs through the windows. The police responded. But there were no broken windows. No broken chairs. No flying chairs. Only a peaceful sit-in. After investigating, and finding nothing to corroborate the report, they tracked "Tia Dora" (Teodora Martinez-Chavez), down, and she was taken away by the police for filing a false police report.

Late Friday afternoon, Fernandez and the Board apparently were able to secure a court order that evidently required the police to remove the community from the building. We haven't seen it yet, so we don't know the particulars. Ultimately 4 of our community were arrested, 3 brave farmworker women and Roberto Maestas, former NCEC/KDNA Board president, and retired Executive Director of El Centro del la Raza in Seattle. The community accompanied them to jail. Later Friday evening they were released.

Community member is arrested during sit-in at radio KDNA

Story in Yakima Herald this morning.

See also Reclaim the Media

December 10, 2009 - International Human Rights Day

Last night the NCEC/KDNA Board of Directors kicked off Granger's celebration of International Human Rights Day by ignoring the emotional appeals of over 200 community members that showed up for the monthly pretend Board meeting. Instead, after presentations from two staff members in which they decried the deterioration of the station's programming quality, its lost connection to the community, and collapsing financial stability, the Board slipped out the back door, and back into their next thirty days of hidden hibernation. Fernandez, the so-called executive director, took the opportunity then to purge the two whistle blowing employees (Juan Ozuna and Amelia Ramon), ostensibly because they were caught in the building after normal work hours. Apparently they were prohibited from attending a public meeting in a publicly owned (and paid for) community center.

We are saddened that staff that have demonstrable records of caring for and working for the disadvantaged and poor have been driven from an organization that they were instrumental in building and nurturing for so many years. Now Fernandez has replaced them with incompetents that care nothing for community service.

And so, we ask on this day commemorating the 61st anniversary of the Universal Declaration of Human Rights, to consider how it is possible that organizations that once worked tirelessly to promote the improvement of life for those most at risk can be so easily corrupted and diverted from their missions.

Please join us in congratulating the former staff of KDNA on what they accomplished during their employment, and in empathizing with the community of former listeners that have lost their voice in the Yakima Valley.

Read the story in the Yakima Herald, or here's the video from KND0 (after a short commercial):

Radio KDNA in turmoil - community does sit-in to protest destruction of their radio station

 


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