Here's what happened (Richard Phelps sent the following message to the KPFA LSB):
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On June 8, 2005 at around 2 pm KPFA Director La Varn Williams and I went to the National Office to inspect records and documents as allowed by Pacifica Bylaws, Article 12, Section 3 and the law of the State of California, Corporations Code Section 6334. I was there as the designated agent of WBAI Director Patty Heffley. I am also legal counsel for Patty and La Varn on these issues. They felt it necessary to have legal counsel since Dan Coughlin has been obtaining legal counsel at the Foundation's expense to support his blocking of Directors Rights Inspection at WBAI and he wrongfully refused them entry on two prior occasions. Now three times.
When we entered, Dan Coughlin came to us and said that we couldn't do an inspection that day since he was busy. I asked him why he was there? I said didn't you resign as of 6-1-05? He said I am not going to talk about that now. I told him we didn't need his help, all he had to do was give us a table to work on and show us where the files are kept. He again refused. I advised him that we didn't want to go to court and cost the Foundation losts of money in legal fees and costs but if he wasn't going to allow the inspection he would leave us no choice. He told us to go ahead and file the papers. He said that we didn't follow Foundation policy and I pointed out to him that he had been given a legal opinion last year that he could not stop an inspection based on Foundation policy. We told him we would be coming back tomorrow and he said that he wouldn't allow it then either.
We then left and went over to the station and talked to a few others mostly about other things. Not wanting to waste Foundation money we went back to the NO and asked to speak to Dan again. The first replay was that he was busy in a meeting. I gave the staff person a note to Dan saying that we needed a discussion on dates that he would allow an inspection. He finally came down and we discussed dates. He wanted us to wait until after the PNB meeting, no concrete reason given. We told him firmly that we wanted to get it done before the meeting. He said he was busy the rest of this week with meetings and his going away party. I again pointed out to him that we needed nothing from him except some space to work at and access to the files. He then commented on how these inspections were a drain on the Foundation and I asked him how many had there been in his last 2 years as ED. He didn't comment. I then said as far as I knew there hadn't been but 2-3 before ours since the new Bylaws. Again no comment. We then told him we were flexible about the next few days but were firm on early next week before the PNB. He said he would get back to us. As of writing this we have not heard from him.
Richard Phelps Attorney/Mediator Agent for Inspection for WBAI Director Patty Heffley.