As you read this, please ask yourself 'what truly independent, private
nonprofit corporation (in their right mind) would give
majority board appointment power to state government in their own
bylaws'? If you come up with an answer, please email
me. FYI: All hawai'i PEG Access corporations DO,
perhaps because they are all "NON MEMBERSHIP" corporations, thus the
only "members" are board members! Of Hawaii's 4 PEG Access
corporations, only Akaku has attempted to change it. In the June 9-15,
2006
Honolulu Weekly, Director Recktenwald says "DCCA does not manage, much
less "micro-manage" them (PEGs)." You be the judge:
Honolulu Weekly 2002
Maui
public-access TV
State cable television regulators are quietly threatening to cut off
funding
to Akaku, Maui’s nonprofit community
television provider, unless the group
agrees to rewrite its bylaws to reestablish direct state control over
the
appointment of board members, according to advocates of public and
community
access programming.
The move is part of a behind-the-scenes power struggle between the
nominally
independent groups, set up in each county to provide community
programming,
and the state cable television office, part of the Department of
Commerce
and Consumer Affairs, which controls funding.
At stake, advocates say, is continued access to the airwaves for free,
open, noncommercial and uncensored points of view.
Federal and state legislation at the beginning of the cable television
era provided for cable companies to pay a franchise fee for their
exclusive
control of cable channels with some of that funding — and a few
channels
— to be set aside for PEG programming (referring to public, education
and
government access). Hawai‘i was an early entrant into the PEG scene,
and
nonprofit access groups were set up and continue to operate in each
county.
Akaku originally changed its bylaws in June 2000 to eliminate state
control
of board nominations but acted only after receiving an e-mail from DCCA
director Kathy Matayoshi approving the plan.
Sean McLaughlin, Akaku’s executive director, declined to discuss the
state’s
latest move, but confirmed that the
bylaw change will be on the board’s
agenda when it meets on Wednesday, June 26, at 4 p.m. at Akaku’s
Kahului
studio.
It was placed on the agenda "based on a specific request from [state
cable
division administrator Clyde] Sonobe to my board," McLaughlin said.
The issue has split the Akaku board, which has taken no action to date,
McLaughlin said. Director Jay April called pressure by Sonobe and
Matayoshi
"extremely offensive" and referred to the matter as a freedom of speech
issue, according to minutes of Akaku’s Dec. 2001 board meeting.
The issue has already become a political hot potato, with Linda Lingle
calling for county home rule in cable matters as part of her standard
campaign
speech.
—Ian Lind
History
repeating itself, but documented in government records this time.
hyperlinked text version below images...
April 21, 2006
Nadine Y. Ando, Esq.
McCorriston Miller Mukai Mackinnon
P.O. Box 2800
Honolulu, HI 96803
Lance D. Collins, Esq.
2070 Vineyard St., Suite 5
Wailuku HI 96793
Dear Ms. Ando and Mr. Collins:
Re: Proposed Bylaw Amendments. Amended Meeting Agenda
for April 24.
2006 Akaku Board of Directors Meeting
At the request of Director Mark E. Recktenwald, I am following up on
his April 11, 2006
letter to you regarding proposals to elect members
of Akaku’s Board of Directors.
The Department has been advised that in an Amended Meeting Agenda for
the Board of Directors’ Meeting on April 24, 2006 posted on Akaku’s
webpage, there are a number of proposed Bylaw Amendments for the Board
to consider under New Business.
It appears that some of the proposed bylaw amendments may be an attempt
to incorporate provisions from a mediated settlement agreement between
different factions of the Board. In his April 11, 2006 letter to you,
the Director expressed questions concerning Akaku’s election of
directors and the proposed election process. These questions have yet
to be answered by Akaku.
The Department has serious concerns regarding the proposed bylaw
amendments. These include the following:
1. Section 6.2 removes entirely
the Director’s power to appoint members to
Akaku’s Board. Sections 6.9d and
6.9e appear to empower the Board of
Ms. Nadine Ando
Mr. Lance Collins
April 21, 2006
Page 2
Directors to nominate and elect new board members in the event of a
vacancy.
2. Section 6.9a establishes a process for cable
subscribers to elect four (4) members of the Board. The Board nominates
eight candidates and produces a one-hour program dividing the time
among the eight candidates.
3. Section 6.7 deletes a 2/3 vote of the members of
the Board when there are significant issues to be decided (i.e., change
or amend bylaws, enter into any contract which encumbers the
corporation for an amount which equals or exceeds $5,000, etc.).
4. Section 6.10 deletes the power of the cable
operator to remove any member that he/she has appointed.
5. It is unclear as to the exact number of directors
ultimately sitting on the Board.
The Director strongly urges the Akaku Board to reconsider its proposed
bylaw amendments. The provision deleting the Director’s authority to
appoint Board members is of great concern to the Department. This
matter has been raised with Akaku’s Board of Directors previously in
2002. Indeed, if there are any changes to Akaku’s bylaws, it should be
to Section 6.10, where the authority of the Director to remove any
member appointed by him/her should be reinstated. The reinstatement of
the Director’s authority to remove his appointed Board members has been
an outstanding issue awaiting Akaku’s Board action for many years. As
stated in the DCCA PEG Access Plan, funding for PEGs is the result of
Decisions and Orders issued by the DCCA to the cable operator. The
Department has historically, and continues, to believe that it needs to
protect and ensure the highest and best use of these public funds.
The Director looks forward to Akaku’s reply to his April 11, 2006
letter requesting clarification of the election of its directors and
the proposed election process. Thank you for your prompt attention to
this matter.
Sincerely,
Clyde S. Sonobe Cable Television Administrator
cc:
Iris Cober
Clyde Sakamoto
Kenneth Nomura
Russell Saiki
John Komeiji, Esq.
Kealii Lopez
J Robertson
Juergen Denecke
Mark F. Recktenwald
Akaku
Attorney Lance Collins April 24, 2006 response letter
