[ManagersNFCB] Articles of Incorporation & Politics

[jay b]

Janis, et al.

I¹m with a arts and community change organization in Anchorage, Alaska, that
has had quite a bit of experience with political matters. I want to step in
on this question to point out something missing from this station's articles
statement (as stated below).

Typically, this boiler plate "restrictions" clause used by nps for
qualifiying for tax-exempt status from the IRS includes the words "No
substantial part..."

Depending on a number of other options operating within your organization
and your purpose statement, even this restriction can be stretched to allow
a fairly significant portion of your organization¹s activities to include
³propaganda² and ³influencing² of legislation, as long as their is no direct
(or arguably) indirect effort to campaign for or against a candidate for
elective, governmental offices. So, is the host speaking for the station or
him/herself?

Anyway, I only play an attorney, but I¹d look at amending your articles on
this important omission as a first step. All the other stuff about who can
say what, I¹ll leave to folks with the answers there.

Stay well,

Jay B.

jay brause / co.director
out north / lpfm in waiting...
3800 debarr road, anchorage, ak 99508  usa
907 279.8099 voice  279.8100 fax


On 8/10/04 11:09 AM, "Janis Lane-Ewart" <janislaneewart at kfai.org> wrote:

> Dear Colleagues of NFCB,
> 
> KFAI's Articles of Incorporation restrict the station from "...no part of
> the property or the income of the corporation shall be used for the purpose
> of carrying on propaganda or otherwise attempting to influence legislation,
> and in  no event shall the corporation participate in or intervene in
> (including publishing or distributing statements) any political campaign on
> behalf of any candidate for public office."
> 
> I've been told that this is typical language for community stations. Right
> now I have a board member who believes that program hosts must comply with
> this standard and NOT express any political views or make comments about
> candidates for public office.
> 
> The questions:
> How many of you require program hosts to issue a disclaimer when they cover
> a political issue?
> 
> Do you require programmers who play music that is politically tinged to
> also issue a disclaimer?
> 
> My program director feels that the FCC regulations allow programmers more
> latitude around this issue and that the Articles of Incorporation are more
> linked to governing the station, rather than specifically related to
> programming.
> 
> Your feedback and/or examples would be helpful as I need to address this
> issue at an upcoming board governance meeting.
> 
> Later, a question about board term limits, but I don't want to clog up the
> list serve with responses just yet.
> THANKS!
> Janis
> 
> Janis Lane-Ewart
> Executive Director
> KFAI, Fresh Air Radio
> 1808 Riverside Ave.
> Minneapolis, MN 55454
> 612/341-3144x23
> 612/341-4281 fax
> janislaneewart at kfai.org
> Hours: 10 a.m. - 6 p.m.
> 
> www.kfai.org
> 
> 
> 
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