-Caveat Lector-

Dave Hartley
http://www.Asheville-Computer.com
http://www.ioa.com/~davehart


http://www.salon.com/news/feature/1999/10/12/berry/


There's something about Mary

Management problems and divisive racial politics have followed Mary
Frances Berry from the U.S. Civil Rights Commission to the Pacifica Radio
Network

- - - - - - - - - - - -
By Judith Coburn
(Judith Coburn is a San Francisco Bay Area freelance writer.)

Oct. 12, 1999 | BERKELEY, Calif. -- You might expect that the biggest
enemies of progressive Berkeley radio station KPFA-FM would be
right-wingers in Congress, who for 50 years have railed against the
left-wing Pacifica network of community-based, listener-supported
"free-speech" radio stations.

But the radio network that survived McCarthyism, and more recently
attempts by Sen. Jesse Helms, R-N.C., to cut its public funding, is facing
the greatest threat to its existence yet, at the hands of its own
leadership. And its primary antagonist is not a right winger, but Mary
Frances Berry, the black scholar and civil rights activist who chairs both
the Civil Rights Commission and the Pacifica Foundation.

In the last six months, the management changes pursued by Berry have
ignited a civil war within the network. Attempts by the central foundation
to reduce local control of the five stations triggered outrage at KPFA,
but Berry defended her attempts as an effort to bring diversity to the
station, whose programmers and listeners she derided as "white male
hippies over 50."

When a rainbow of KPFA staff and supporters protested the moves, as well
as Berry's racial rationale, months of chaos ensued. Berry and Executive
Director Lynn Chadwick fired the station manager, censored its public
affairs programmers to keep them from talking about the controversy, had a
broadcaster arrested -- while he was on the air -- for defying the ban,
shut down the station and locked KPFA staffers out, had peaceful
demonstrators arrested, and paid anti-union lawyers, armed security guards
and a tony public relations firm over a half-million dollars to prevail.

Here in the home of the free speech movement, Berry's moves outraged even
people who don't listen to the station. The result is that in the last two
months, she has been socked with complaints before her own Civil Rights
Commission, accused of unfair labor practices before the National Labor
Relations Board and investigated by a committee of the California
Legislature; she has been attacked by a wide political spectrum of local
Berkeley politicians, including the police chief, and sued by listeners
and staffers challenging her actions in the KPFA struggle.

What's striking is the fact that the Civil Rights Commission she chairs
has also been mired in controversy and management woes in the last decade
-- but few liberals have bothered to raise their voices about her
management practices there. A reluctance to criticize Berry is
understandable, because she is revered by civil rights activists.

They cite her heroic fight to defend the Civil Rights Commission against
conservatives appointed by President Reagan (and against Reagan himself,
who tried to fire her), who were trying to abolish both affirmative action
and the commission itself. She took part in the infamous celebrity arrests
at the South African Embassy in 1983 along with Rep. Eleanor Holmes
Norton, D-D.C., and others.

She was gutsy in opposing Louis Farrakhan's Million Man March, calling the
Nation of Islam leader guilty of "the most despicable, anti-Semitic,
racist, sexist and homophobic attitudes imaginable." About the only time
she's ducked a controversial national issue was when she kept silent on
President Clinton's welfare reform, which many civil rights activists
abhor.

Berry's struggle from a childhood of desperate poverty to a life of
accomplishment as an activist, scholar and high government official is a
noble one. Besides chairing the boards of the Civil Rights Commission and
Pacifica, she has served as an assistant secretary of education and holds
an endowed chair in American social thought at the University of
Pennsylvania. She is the author of seven books, most focusing on civil
rights, feminism and the law.

But Berry's achievements have come at a cost. Off the record, people who
know her well describe her as a vitriolic brawler who doesn't know when to
stop fighting, and who turns on anyone who disagrees with her -- even
African-Americans with civil rights records equal to or more impressive
than her own. More than one African-American politician and journalist
have suffered a tongue lashing from Berry and been called an "Uncle Tom"
just because they didn't share her agenda.

Pat Scott, the former Pacifica manager who herself drew furious complaints
about her attempts to "professionalize" the grass-rootsy stations, rues
the day she recommended Berry for the top Pacifica job. The civil rights
leader's tenure "could be the end not only of KPFA but of the whole
Pacifica network," says Scott, who is also African-American.

But Berry's use of the race card to silence her critics is especially
unfortunate, because the management chaos she has presided over at
Pacifica is paralleled by disarray at the Civil Rights Commission she
heads.



A 1997 report by the General Accounting Office, the nonpartisan
investigative arm of Congress, found the Civil Rights Commission to be "an
agency in disarray, with limited awareness how its resources are used ...
the Commission could not provide key cost information for individual
aspects of its operations ... significant agency records documenting
Commission decision-making were reported lost, misplaced or nonexistent
..."

The GAO report questioned why only 10 percent of the CRC's money went to
the anti-discrimination investigations and reports that are the agency's
mission. It found that CRC reports took so long to complete that in many
cases they were outdated and irrelevant by the time they were issued.
Hearings on the apocryphal Los Angeles uprising in 1992 weren't held until
1993 and a report, revamped as a blast at the L.A. police, wasn't even
issued until May, 1999.

The GAO also reported that the commission filed few of the reports to
Congress and other departments of the government that they were required
to by law. At a July, 1997 hearing on the report, GAO investigators told
congressmen that many of their questions about the commission couldn't be
answered because commission staff withheld information even after several
requests from the GAO. (Berry also refused to open Pacifica's books or to
testify during a recent California lawmakers' probe of Pacifica until she
was threatened with a subpoena).

When criticized, Berry stonewalled. She began her testimony on the GAO
report by saying, "I will not respond to some of the comments that were
made by the [congressional] members [of the subcommittee] since my years
of working in Washington tells me that way lies peril and I will not take
the time to do it." Berry then blamed the former CRC chairman and current
staffers for the disarray the GAO found even though she has been in charge
for six years.

She blamed cutbacks in the CRC budget, which was slashed 50 percent in
1986 and has inched up only slightly under Clinton. She blamed the White
House for not appointing a staff director who should have been in charge
of day-to-day operations. But Berry then admitted that when a staff
director was hired she offered the woman a two-day-a-week, $30,000-a-year
job teaching one of Berry's courses in Philadelphia. This arrangement was
roundly condemned as a conflict of interest by conservatives on the
subcommittee.

Berry's allies on the badly divided subcommittee leapt to her defense,
playing the race card as Berry herself often does. Rep. Maxine Waters,
D-Calif., dismissed the entire GAO report on the grounds that it had been
requested by Republican opponents.

Berry's divisive management style is well-documented in the Pacifica
debacle. She played the race card early and often, insisting the changes
she proposed were necessary to diversify KPFA's staff and listener base.
But she refused to meet with people of color from the station's staff and
leadership, who mostly opposed her high-handed attempts at reform.

"KPFA has been doing everything it could for years and was on the right
track," says Pat Scott, who was once called "the black manager of a white
station." Concludes Scott: "This whole issue is crazy."

Maybe the most bizarre episode yet is Berry's appearance at Pacifica
station WBAI in New York in late August, where she dropped by unannounced
and asked to meet with staff. She lectured the staffers about "diversity,"
apparently not noticing that most people in the room were black, Latino or
Asian.

"We were amazed how little she knows about radio or what programming we
do," reported Mimi Rosenberg, a labor reporter and local advisory board
member at WBAI, who ended up in the unannounced meeting with Berry because
she happened to be dropping off a tape at the station when the chairwoman
swept through.

Berry then flabbergasted her listeners by suggesting the network sell WBAI
and/or KPFA and buy a string of small, black radio stations in the South.
"A kind of black NPR," one staffer described it. "Laudable, but to
cannibalize Pacifica with its own 50-year history and listeners? She
should go out and build that network on her own and see how hard it is!"

But Berry has always seemed determined to use Pacifica for her own ends.
Her detractors point to a statement she made when she took over as chair,
in which she said nothing about her vision for the future of the
progressive network. Instead, she vowed not to let anything that happens
at KPFA destroy her reputation.

And Berry has used her federal connections to further her Pacifica agenda.
She used contacts at the Justice Department to get a department official
to call Berkeley Police Chief D.E. Butler and ask why KPFA supporters who
were peacefully demonstrating outside the station hadn't been arrested.
The Berkeley cops got tough for a day, arresting scores, until outraged
citizens and the City Council reversed the get-tough policy.

"Many labor disputes have taken place in Berkeley over 25 years," Butler
wrote in a letter to the East Bay Express. "But the Pacifica Foundation's
decision to turn a labor dispute into a mass arrest situation was a
first." Chadwick then demanded the City of Berkeley pay for the security
Pacifica had hired because the police had failed to protect the station.
The City Council fired back a bill for $200,000 to Pacifica for police
overtime at the round-the-clock demos.

To be sure, wrangles between central Pacifica management and local
stations predate Berry. It was Pat Scott, KPFA station manager and later
Pacifica Foundation executive, who began an all-out push for
"professionalization" of the stations. Scott and her allies believed the
amateurish, circa-1960s, anything-goes style of KPFA, WBAI in New York and
KPFK in Los Angeles couldn't wash in the increasingly conservative '80s.

She and the board took control of finances away from the stations, which
she says had either been unable to keep books or, in the case of the
Washington station, wasted money on fancy offices for the station manager.
Scott inserted the board into programming -- traditionally left to the
stations -- when she fired black nationalists at KPPK in Los Angeles for
anti-Semitic remarks on the air, and got rid of longtime programmers at
KPFA whose shows she deemed outmoded.

Such changes, condemned by critics as "mainstreaming," were opposed
furiously by many staffers and members of the local advisory boards. The
Pacifica executive committee began to view the local advisory boards, the
traditional backbone of Pacifica's listener-supported, "free speech"
culture, as the enemy. In 1995, the executive board issued what became
known as its infamous "My Way or the Highway" memo urging local board
members who disagreed with the vast changes at the stations to resign if
they didn't agree. The board also closed all finance committee meetings
and ruled board minutes "confidential," again over furious objections of
listeners, most staffers and local advisory board members.

Not surprisingly, the network's attempts to go mainstream have met with
approval, not suspicion, from federal regulators, and the choice of a
board chair who is herself a high federal official has only won the
network friends. The Corporation for Public Broadcasting, for instance,
which funds Pacifica, has been happy to see it lose some of its radical
tinge, since the agency had been savaged by right-wing senators in the
early '90s for funding "a communist network," as Sen. Jesse Helms called
Pacifica.

When some local opponents of the network's centralization moves filed a
formal complaint with the CPB, on the grounds that CPB rules dictate that
all public stations keep open books and hold open meetings, the
investigation went nowhere. Two investigators lost their jobs over the
controversy and when a watered-down but critical report was finally
released, it was dismissed by the CPB president, Robert Coonrod, who
actually praised Pacifica in the meeting in which the report was
presented.

Top CPB officials were also only too willing to help Pacifica in its
battle to bring the stations, listeners and their local advisory boards to
heel. Before Scott left Pacifica, she discovered an obscure CPB rule that
prohibits local advisory board members from serving on the governing board
of a public station. It had never been enforced. Scott reported to the CPB
that the Pacifica stations were violating the rule.

At first top CBP officials seemed unconcerned, calling it "a technicality"
in conversations with one Pacifica board member and several local advisory
board members. Documents show, though, that in the weeks before the
critical Pacifica board vote over cutting ties with the local boards, Lynn
Chadwick was in close contact with Coonrod.

Suddenly, on the eve of the vote, Coonrod sent a letter to Pacifica
threatening a cutoff of CPB money if the ties weren't cut. The board went
along with Berry and Chadwick, a decision that is being challenged in
California court by a group of local advisory members and listeners from
the five stations.

Chadwick, in a recent interview, said, "The CPB tries to give as much
autonomy as possible to the stations it funds ... the board's decision was
the least disruptive alternative ... only a vocal few oppose it."

The Federal Communications Commission, too, has given Pacifica free rein.
When the network shut down KPFA during July, and installedTOP ISDN line to
its transmitter so it could pipe programming from its Houston station --
outside its FCC-approved signal area -- Pacifica did it before it had even
asked the FCC for a waiver. Ten days later, Pacifica got permission. "We
don't intervene in labor-management disputes," is how FCC spokesman David
Fiske characterized the lockout.

Even when Berry caved in to the protests at KPFA and announced she was
reopening the station at the end of July, she turned what could have been
an opportunity for peacemaking into an ultimatum. If staffers didn't
return the next day at 9 a.m., they'd lose their jobs, even though no job
protections or an end to the "gag" on discussing the controversy on the
air were guaranteed.

Employees were also threatened with "corrective action" by the board if
they didn't, within six months to a year, increase the number of
listeners, the diversity of the audience and its "loyalty." Berry's
ultimatum required that a commercial ratings service would be used to
measure the station's performance, another gut punch at KPFA's
grass-roots, listener-supported tradition.

Back on the air, the station had lost its general manager, program
director, business manager, music director, a second host for the morning
show and its manager for the apprenticeship program -- which trained young
people of color -- because of the turmoil and financial uncertainty.
Interim general manager Jim Bennett says he's only been able to replace
some of them with temporary hires. "Talented people are reluctant to apply
because of how unstable it is in KPFA and Pacifica land," he says. It is
still unclear whether the more than $500,000 Pacifica spent on the lockout
will come out of KPFA's budget.

"She's setting us up for failure," says award-winning broadcaster and KPFA
talk-show host Larry Bensky. "Berry doesn't want to improve KPFA. She
wants revenge."

KPFA begins a critical fund-raising marathon Tuesday, and listeners are
filling the airwaves with tortured laments that the money they send to
KPFA will go to the now-despised central network, Pacifica. The Pacifica
board, fraught with resignations by two members and whistle-blowing by
another, has postponed its October meeting by a month, leaving the
stations operating without budgets for the first time in their 50-year
history. Listeners have formed an organization to push for Berry's
resignation and scores of back-channel pleas have been made, so far to no
avail.

Mary Berry's term as chairman of the Pacifica board runs out in nine
months. Many hope she will simply step down then and disappear. But that
doesn't sound like Dr. Mary Frances Berry. She told WBAI staffers at her
drive-by visit last month, "If you want me to stay I will go. But the
minute you ask me to go I am here forever!"






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