25August2019

Board Meeting Minutes January 14, 2019

Please note that this plain text version of the minutes does not show the formatting of the original document, such as strike-through, bold, or italicized. For the complete document please download the attached pdf, which you can find at the bottom of this page.

Minutes
Redwood Community Radio Board of Directors
January 14, 2019, 2:00 pm
Heart of the Redwoods Community Hospice, Garberville CA

II. Roll call
BOARD-APPOINTED REPS: Mark Marchese, Correspondence Secretary Christine Doyka, behr
MEMBER REPS: Secretary Rob Bier, Vice President Sarah Starck
PROGRAMMER REPS: President Jimmy Durchslag, James Ficklin

INTERIM STATION MANAGER: Sydney Morrone
ABSENT: Treasurer Sarah Scudder, Eden Goldberg
GUESTS: Lynn Harrington, Wendy Emerson, Chanin

III. Approval of November and December minutes
Behr moved approval of the December minutes, with a minor change. Doyka seconded. Marchese, Doyka, behr, Bier, Starck, Durchslag and Ficklin voted aye. Passed unanimously.
Behr moved approval of the November minutes. Starck seconded. Passed unanimously.
IV. Approval of agenda
Doyka moved approval, with item VI.F.iv moved from the consent calendar to Old Business, under the Station Manager Hiring Committee item. Behr seconded. Passed unanimously.
V. Open Time
Harrington said she was getting nowhere with the mediation / grievance process. She said she had not heard form the Grievance Committee. She asked the Board to oversee. Disposition: Doyka, as Mediation Committee chair, said that she is sorry that Harrington had not yet been contacted.
VI. Consent calendar
A. Vacation accrual (attachment item I)
B. Sick leave (attachment item I)
C. Paid holidays (attachment item I)
D. Voting leave (attachment item I)
E. Harassment Policy (attachment item II)
F. Confirm Email Polls
i. Sick Pay Policy change in language (12/27/18) (attachment Item III)
ii. Interim Station Manager Contract (12/14/18)
iii. Relations Director Contract/ Hours increase (12/20/18)
Behr moved adoption of the consent calendar. Bier seconded. Passed unanimously.
VII. Management report
Discussion centered on underwriting. Morrone said she wanted Natural Log functioning before the new station manager arrives and that she would be working with Allison Kolb to accomplish that. She mentioned that there is no master list of underwriters. This led to an extended discussion of the existing Panorama database and its many shortcomings. Durchslag expressed concern about the loss of underwriting dollars.
VIII. Finance Committee report
Stark reported that, while the books have not been closed yet on 2018, it looked like RCR was going to break even for the year.
IX. Old business
A. Programmers agreement
Starck moved sending the matter to the Policy Committee for drafting of non-restrictive language, along the lines of a suggestion from Scudder. Behr seconded. Doyka, behr, Bier, Starck and Ficklin voted aye. Marchese voted nay. Durchslag abstained. Passed 5-1.
B. Sick leave policy wording clarification (attachment item VI)
Behr moved approval with the following changes: remove the parentheses and insert a comma after “six days per year.” Starck seconded. Passed unanimously.
C. Annual Meeting and Volunteer Appreciation Party
Durchslag suggested that Board members take responsibility for greeting people at the door. He moved providing former Station Manager Cynthia Click with a gift of $100. Ficklin seconded. Passed unanimously.
D. Website update
Starck said Technical Director Simon Frech was exploring alternatives to the contractor who has been placed on hold by the Board. She added that she preferred to bring the project in-house. The matter was referred to the Website Committee to explore alternatives and make recommendations to the Board.
E. Auditor update
Starck reported that she has suggested an hourly consulting fee for time spent educating the RCR contact, rather than the flat fee proposed by Stacey Edgmon. She is waiting for a response from Edgmon.
F. Station Manager Hiring Committee
i. Confirm members of Hiring Committee
Bier moved approving as members: Chanin, Durchslag, behr, Starck, Lauren Schmitt and Susan Pulsifer. Doyka seconded. Passed unanimously.
ii. Confirm budget
behr moved adopting a $600 budget for the committee. Starck seconded. Passed unanimously.
iii. Process
Chanin, as committee chair, reported on progress.
X. New business
A. Appoint Elections Referee
Behr move appointment of Francine Allen as the elections referee. Starck seconded. Passed unanimously.
B. Compliance Calendar confirmation
Starck expressed concern that the calendar was not sufficiently up-to-date. Morrone responded that she thought it required updating on a continuous basis. There was some agreement from other Board members. Starck moved tabling the matter. Behr seconded. Passed unanimously.
C. Policy Committee Responsibilities
Starck noted that policy changes, particularly those pertaining to station staff, have not always been implemented or communicated to those affected. She proposed making the Policy Committee responsible for seeing that follow-through takes place. Bier said he would be glad to routinely remind the station manager when new policy becomes final, but opposed setting a formal policy for the purpose.
D. Board Transition, Secretary position
Bier had already informed the Board that, contrary to his earlier announcement, he had changed his mind and would stand for re-election to the Member Representative seat. This rendered the item moot.

XI. Committee reports
A. Programmer representatives
Durchslag said a programmers meeting was set for Friday, Jan. 18.
B. Member representatives
Starck said a member had suggested paying BR Graham to assist Kolb with underwriting. Another person had decried the presence of food and drink in the station library.
C. Community Advisory Board (CAB) – Siena Klein
In its report, the CAB raised a question about a seeming conflict between FCC and CPB requirements for CAB membership. It was agreed to place this on the February agenda.
F. Membership Drive — behr
The spring membership drive is set to begin on March 6.

XII. Committee meeting schedule
Board of Directors Monday, February 11, 2:00 pm, Hospice
Packet items due Thursday, February 7
Membership Drive Tuesday, January 22, 11:00 am
Finance Wednesday, January 23, 1:00 pm
Development Wednesday, January 23, 2:30 pm
Policy Wednesday, January 30, 11:00 am, Calico’s
Executive Wednesday, January 30, 12:00 pm, Calico’s


XIII. Closed session – Personnel
It was agreed to allow Morrone to spend three days a week, an increase over two, on station business. Starck moved expanding Frech’s work week from one day to two. Durchslag seconded. Passed unanimously.

ATTACHMENT ITEM I

(Note: this version of Dec. 28, 2018 contains revised language about the sick leave accrual cap.)

Personnel policy changes
as passed (and enacted to be effective Jan. 1) at the Dec. 10, 2018 Board meeting

5.5.2 Vacation
first approval 12/10/18, effective 1/1/19, second approval anticipated 1/14/19

Vacation time accrues for employees (minimum 24 hours per week) from the first day of employment and can be used after the completion of 30 days of employment. Vacation time must be accrued before it can be used. Employees accrue two work weeks of vacation in years 1 through 5. After six years, the accrual is three work weeks. Unused vacation days may be carried over to subsequent years, with the proviso that no more days than 1.5 times the employee’s current annual accrual rate may be accrued. Vacation days may only be converted to a cash payout upon separation. RCR strongly encourages each paid employee to use vacation time each year. The intent is 1) that each employee actually gets an annual rest, and 2) that prolonged absences not negatively impact RCR.
5.5.6 Sick Leave
first approval 12/10/18, effective 1/1/19, second approval anticipated 1/14/19

Employees receive ten days of paid sick days per year (eight days for 32-hour-per-week employees). Sick pay accrues from the first day of employment and can be used after the completion of 30 days of continuous employment. Sick leave must be accrued before it can be paid. Employees of less than 30 days may take sick time off without pay without reducing the number of paid sick days they are earning. The accrual of sick days is capped at ten days 1.5 times the annual accrual rate. No more sick days can be accrued until drawn down. Sick days cannot be converted to vacation leave. Unused sick leave shall not be paid in cash.
5.5.8 Holidays
first approval 12/10/18, effective 1/1/19, second approval anticipated 1/14/19

Employees are eligible for the following eight paid holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Employees are eligible for paid holidays only on regularly scheduled work days.

Voting Leave (new policy)
first approval 12/10/18, effective 1/1/19, second approval anticipated 1/14/19

In the event an employee does not have sufficient time outside of working hours to vote in a statewide election, the employee may take off sufficient working time to vote. This time should be taken at the beginning or end of the regular work schedule, whichever allows the most free time for voting and the least time off from work. An employee will be allowed a maximum of two (2) hours of voting leave on Election Day without loss of pay. Where possible, the supervisor should be notified of the need for leave at least two (2) working days prior to the Election Day.
ATTACHMENT ITEM II

1. Harassment, Discrimination and Retaliation Prevention
Redwood Community Radio (RCR) is an equal opportunity employer. We enthusiastically accept our responsibility to ensure the fulfillment of this policy with respect to hiring, placement, promotion, transfer, demotion, layoff termination, recruitment advertising, pay and other forms of compensation, training and general treatment during employment. RCR is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on sex (including pregnancy, childbirth, breastfeeding or related medical conditions), race, religion (including religious dress and grooming practices), color, gender (including gender identity and gender expression), national origin (including language use restrictions and possession of a driver's license issued under Vehicle Code section 12801.9), ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age, sexual orientation, military and veteran status or any other basis protected by federal, state or local law or ordinance or regulation. It also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.
In addition, RCR prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.
All such conduct violates RCR policy.
2. Harassment Prevention
RCR policy prohibiting harassment applies to all persons involved in the operation of RCR. It prohibits harassment, disrespectful or unprofessional conduct by any employee of RCR, including supervisors, managers and co-workers. RCR’s Harassment, Discrimination and Retaliation Prevention Policy also applies to vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract and other persons with whom you come into contact while working.
Prohibited harassment, disrespectful or unprofessional conduct includes, but is not limited to, the following behaviors:
• Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts or messages;
• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
• Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
• Retaliation for reporting or threatening to report harassment, and
• Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by RCR policy.
All such conduct is unacceptable in the workplace and in any work-related settings, such as special events, business trips or business-related social functions, regardless of who is engaging in the conduct.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this Policy. For example, hostile acts toward an employee because of his/her gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment but harassment based on any protected category.
Non-Discrimination
RCR is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in RCR operations. RCR prohibits unlawful discrimination against any job applicant, employee or unpaid intern by any employee of RCR, including supervisors and coworkers.
Pay discrimination between employees of the opposite sex performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, RCR is not obligated to disclose the wages of other employees.
Anti-Retaliation
RCR will not retaliate against you for filing a complaint or participating in any workplace investigation and will not tolerate or permit retaliation by management, employees or co- workers. If you believe someone has violated this policy against retaliation, please notify the Station Manager immediately as provided in "Complaint Process" below.
Reasonable Accommodation
Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship.
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, RCR will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result.
Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the Station Manager and discuss the need for an accommodation. RCR will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job. An applicant, employee or unpaid intern who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact the Station Manager and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, RCR will make the accommodation.
RCR will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or co-workers.
3. Complaint Process
If you believe that you have been the subject of harassment, discrimination, retaliation or other prohibited conduct, bring your complaint to your supervisor or the Station Manager as soon as possible after the incident.
You can bring your complaint to any of these individuals. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact the Station Manager. Please provide all known details of the incident or incidents, names of individuals involved and names of any witnesses. It would be best to communicate your complaint in writing, but this is not mandatory.
RCR encourages all individuals to report any incidents of harassment, discrimination, retaliation or other prohibited conduct forbidden by this Policy immediately so that complaints can be quickly and fairly resolved.
You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment, discrimination and retaliation in employment. If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining or participating in an investigation, you may file a complaint with the appropriate agency. The nearest office can be found by visiting the agency websites at www.dfeh.ca.gov and www.eeoc.gov.
Supervisors must refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to the Station Manager so RCR can try to resolve the complaint.
When RCR receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and objective investigation of the allegations in accordance with all legal requirements. RCR will reach reasonable conclusions based on the evidence collected.
RCR will maintain confidentiality to the extent possible. However, RCR cannot promise complete confidentiality. The employer's duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
Complaints will be:
• Responded to in a timely manner
• Kept confidential to the extent possible
• Investigated impartially by qualified personnel in a timely manner
• Documented and tracked for reasonable progress
• Given appropriate options for remedial action and resolution
• Closed in a timely manner
If RCR determines that harassment, discrimination, retaliation or other prohibited conduct has occurred, appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved. RCR also will take appropriate action to deter future misconduct.
Any employee determined by RCR to be responsible for harassment, discrimination, retaliation or other prohibited conduct will be subject to appropriate disciplinary action, up to and including termination. Employees should also know that if they engage in unlawful harassment, they can be held personally liable for the misconduct.
4. Acknowledgement of Update Policy
RCR has revised and updated its Anti-Harassment Policy and renamed it Harassment, Discrimination and Retaliation Prevention effective April 29, 2016
I acknowledge that I have been given a copy of this revised and updated Policy dated April 29, 2016 and that I have read, understand, and agree to abide by all of its terms.
Employee Name (please print) __________________________________________
Employee Signature __________________________________________________
Date _________________________-
Original:
Employee Personnel File
Copy:
Employee

ATTACHMENT ITEM III

Sick Leave poll

'Sarah Starck' via Board of Directors <This email address is being protected from spambots. You need JavaScript enabled to view it.;
To: board Directors
Dec 27, 2018 at 8:05 PM
Please Respond ASAP: personnel policy changes

Since we used the wording 10 days for the cap and not say 1.5 times (as in vaca accrual) we are treating our employees unfairly. I suggest we fix this now before it’s official policy! Can we change it and vote by email to agree before staff signs off on their notification of the change??? It basically means a 16 hour per week employee would cap at the same as a 40 hour/week employee! Instead of both capping at 80 as this is we can do 1.5 times equaling: The part time 16/hour/week would cap at 48 hours. The full time 40/hour/week would cap at 120 hours. And the 24/32 hour/employees cap at 72/96 hours respectively.

ATTACHMENT ITEM VI

Sick Leave Policy wording clarification

Employees who were hired to work 40 hours per week receive ten days of paid sick days per year, eight days for 32-hour-per-week employees, etc. Sick pay accrues from the first day of employment and can be used after the completion of 30 days of continuous employment. Sick leave must be accrued before it can be paid. Employees of less than 30 days may take sick time off without pay without reducing the number of paid sick days they are earning. The accrual of sick days is capped at 1.5 times the annual accrual rate. No more sick days can be accrued until drawn down. Sick days cannot be converted to vacation leave. Unused sick leave shall not be paid in cash.

Last modified on Friday, March 01, 2019
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Vision Statement: Redwood Community Radio envisions a community of listeners who, guided by example of RCR programming, work together to create better, more just and sustainable world systems to ensure that all human and other living species on earth move toward higher quality of life and are able to survive the challenges in the times ahead.

Mission Statement: Redwood Community Radio will encourage a communication center of open airways (KMUD) for all voices to inform, educate, entertain and inspire the listening community through quality programming.

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