Newsletter No 2 to Members of CCBI and Friends as Revised

Dear fellow CCBI member and Friends,

I am a current member of Cairns Community Radio FM 89.1, as well as Chairperson of the Friends of 4CCR 89.1 FM. Please take a few minutes to read this Newsletter which contains some important information about the future stability and urgent repair of Cairns Community Radio, that has increasingly became fractured and insular since Mr Rod Coutts took office as President on 28th September 2009.

OVERVIEW

Many of you will have received by e-mail a Newsletter from me dated 24th March 2010, in my capacity as Chairperson of the Friends. As not all members of the radio station received the original Newsletter, I have attached a copy. I am indebted to Mr Coutts for providing via his open e-mail the complete list of e-mail addresses for members.

All members have a legal right of access to the membership register and I for the life of me, unlike Mr Coutts can not see a problem with dialogue. I therefore take this opportunity to address my concerns directly to you.

MY PERSONAL COMMITMENT

On a personal note, I would like to share the following thoughts with you. I have been involved in community organisations for the best part of 35 years and I have enjoyed working with individuals from all walks of life and I still enjoy a challenge. I love what I do.

I welcome the opportunity through the Friends to play an active part in improving the existing tense relationship between ACMA, the Management Committee, the general members and the Friends. It is a task that will require a lot of hard work and goodwill on both sides though I will not shirk my responsibilities in restoring harmony and transparent management.

I am not interested in past conflicts or in power struggles. This was one of the disciplines I imposed on myself when I was invited to become Chairperson of the Friends. I do not have a mind set. My mind is open and flexible.

From my previous experience I am well aware of the debilitating influence infighting can have both, on the community's perception and the efficiency of the radio station. I want no part of this infighting.

There are many issues that concern me but none is more important than the tenuous position that appears to exist between ACMA and the radio station. The regulator ACMA has the authority to just 'flick the switch' as it were.

The Friends are in the process of drafting a 'Reform Vision Plan' that will form the basis of returning the radio station to the prominence which it once enjoyed through out the Cairns Region and once again be an icon of community values.

I invite members of CCBI who believe in their radio station and the general public to come forward and be part of the movement for change. You are welcome to personally contact me with your views via my contact details below mentioned.

MESSAGE FROM MR COUTTS

Please note that Mr Coutts sent his newsletter selectively, and therefore a number of current members did not receive a copy. Many of you will also have received a letter dated 3rd April 2010 from Mr Coutts, in which he refers to "a massive amount of misinformation" in my initial Newsletter and also claims a number of illegal acts on my part, all of which I think is a little disingenuous. The sole purpose of Mr Coutts' letter was to dismiss my Newsletter No 1 as mischief making while avoiding reality, the facts and serious discourse.

As a former long-term Councillor of the Mulgrave Shire, a Justice of the Peace appointed in 1983, a person active in a number of local organisations,(Attachment 1), as well as having several years of legal training, it is not my practice to infringe the law nor to misinform people deliberately. I am confident that I have done neither and do stand by my assertions.

PRIMARY ISSUES

• The 12 points in the Friends' Newsletter No 1 are all verifiable. You will notice that while Mr Coutts has accused Friends of misinformation, he has not attempted to challenge even one of the points. I invite you to read each of these points again and consider the implications for the long-term well-being of the radio station if reform is not implemented.

• Newsletter No 1 also referred to CCBI payments being made to members of the Management Committee. I believe this information is sound. However, if it is incorrect, provision to members of information on the station’s financial decisions, as required by its Constitution, would clear the matter up.

• It is noted that Mr Coutts has strenuously opposed making the financial records available to Cr. Linda Cooper who has requested them. Why the reluctance, I ask?

• Newsletter No 1 also referred to the expulsion of members and rejection of new membership applications. Are you aware that Mr Coutts has referred these matters and Friends’ correspondence to the radio station’s solicitor?

• It is reasonable to assume that every dollar paid in by members as membership fees plus more is being consumed by these unnecessary legal expenses. I ask you, in view of the scarce financial resources and urgent maintenance needs, whether this is acceptable to you as a member and if you were consulted in the first place?

AUSTRALIAN COMMUNICATIONS MEDIA AUTHORITY (ACMA) IMPOSED ‘AGREED MEASURES’

In my first Newsletter, I referred to the ‘Agreed Measures’ which were imposed as a licence renewal condition by ACMA and were accepted by the Management Committee on the 11th December 2009. Mr Coutts has rightly pointed out that the radio station’s licence has been renewed for a five-year period. However, what he fails to acknowledge is that the lack of compliance with the ‘Agreed Measures’ could put the radio station’s licence in jeopardy.

ACMA at any time during the five-year licence period has the discretion to cancel the licence for non compliance and what is more has done so with other community radio stations in similar circumstances (Attachment 2).

Attached to this Newsletter is a copy of the ACMA's ‘Agreed Measures’(Attachment 3).

One of these 'Agreed Measures' is the introduction of open membership. This is a non negotiable ACMA condition and yet Mr Coutts fails to act decisively.

As I highlighted in point 10 in my first Newsletter, the constitutional change proposed at the General Meeting on 22nd February 2010 was not done according to law and is therefore invalid. You will see from the radio station’s website that the change required by ACMA has not been implemented. A mover and seconder for a new membership are still required. I believe that Mr Coutts has failed to sponsor this constitutional change for purely self-preservation reasons.

I invite you as a CCBI member to read the ‘Agreed Measures’ and to:

• ask Mr Coutts why so little has been achieved in four months and whether he has an ACMA approved timetable for their implementation,

• consider whether the current Management Committee has the willingness, commitment and ability to carry out these measures, and

• consider what the future for the radio station will be if the measures are not implemented.

I would also like to address several of the "positive facts" set out in Mr Coutts’ letter of reply:

THE CCBI WEBSITE

While it looks very professional, the website remains incomplete, as Mr Coutts acknowledges. In the current financial circumstances, it appears to be an extravagance. You will recall that the previous webmaster, Mr Clemens Vermeulen, provided a free service over many years, however his continued service was rejected without explanation.

When will CCBI members be told how much this website cost?

“EVERY SLOT BEING FILLED WITH PRESENTERS”

Many of you will have the experience of turning on the radio in the morning and hearing Deutsche Welle instead of the breakfast program, as well as other unfilled spots during the day. On the 7th April 2010 the station was once again on emergency programming for a number of hours, playing a 5-year-old ‘back-up’ recording, including commercial sponsor advertisements without any approval.

This is inconsistent with the claim made by Mr Coutts that every slot is filled with presenters. I believe it is another instance of unprofessional conduct by Mr Coutts.

The Friends' 'Reform Vision Plan'includes a solution to this recurring problem and the appointment of a Manager would provide a professional approach.

GRANT FUNDING HAS BEEN RECEIVED

Mr Coutts states “Grant Funding for Ethnic Grant Round 1 2009-10 and Indigenous Grant Round 1 2009-10 have been received from the CBF”. Those of you who present ethnic programs will recall that the work on the grant applications was prepared by Mr Donn Corcoran when he was Secretary, yet Mr Coutts claims the credit.

The Friends' 'Reform Vision Plan' includes a policy of appointing an outside Manager that would remove the politics of Ethnic funding and access other avenues of public and private sector funding.

VOTE OF CONFIDENCE

Mr Coutts' trumpeted vote of confidence is a sham, shallow and meaningless. In view of the expulsion of three members and the forced resignation of many others, how many people would have the courage to vote against the Committee in an open vote? The tradition in Australian elections is for a secret ballot yet Mr Coutts chooses a show of hands.

The Friends' Reform Vision Plan' would include the policy of inclusiveness and meaningful general member participation.

FAILED ATTEMPT TO CHANGE THE CONSTITUTION

Mr Coutts’ bungled attempt at altering the Constitution, and the delay in progress of implementing the ‘Agreed Measures’, indicates a lack of professionalism, not to mention personal embarrassment.

In essence, the legal grounds for the cancelling of the radio licence by ACMA already exist, and are of great concern to the Friends as no doubt to every member of CCBI who cherishes the radio station.

The Friends' policy is to ask Mr Coutts to immediately authorise the process that will alter the Constitution to enable the change as required by ACMA. The Friends are prepared to assist to bring this process to fruition.

“ILLEGAL USE” OF CAIRNS FM NAME / CALL SIGN

Mr Coutts suggests the Friends are using the radio station’s name illegally. We are called the Friends of 4CCR 89.1 FM, not Cairns FM 89.1. Furthermore, our use of any name included in our title and correspondence is the same as a newspaper discussing Cairns community radio and naming them accordingly. Neither, Mr Coutts nor anyone else, can prohibit use of the radio station’s name in community debate and discussion.

The Friends believe this is a petty issue and goes to further highlight Mr Coutts' distorted priorities. Mr Coutts should direct his attention to more fundamental matters.

THE WAY FORWARD

The Friends are willing to work with CCBI and ACMA to ensure that the licence is not cancelled. This offer via the Friends' 'Memorandum of Understanding' has already been rejected by Mr Coutts, but is still on the table for negotiation.

I am encouraged by the increasing number of CCBI members who are coming forward and expressing displeasure in the management style of Mr Coutts. I respect their opinions about his lack of people skills, his increasing distrust of loyal members, his duplicity, his disturbing arrogance and his unprofessional managerial style.

Time waits for no one. Change must be implemented. As always, the Friends stand ready to welcome your input and work with you.

ASK FOR OPENNESS AND TRANSPARENCY

Fellow member, please ask Mr Coutts to give you honest answers to the following:

• Why Mr Coutts, has a dog been appointed to the ninth position on the Management Committee, as per the radio station website, when there are around 200 members of the radio station from which to choose?

• Why Mr Coutts, after promising openness at the Annual General Meeting in September 2009, are you unwilling to share information with the members about the radio station’s true finances. Why has no financial report or statement been provided since October 2009?

• Why Mr Coutts, after agreeing with ACMA to provide ‘open membership’ are you still unwilling to accept new members who are supporters of the Friends?

• Why Mr Coutts, does your mantra of 'in the interest of community radio' resonate a hollow note?

• Why Mr Coutts, will you not allow Cr Linda Cooper and myself to view the Minutes and financial records, as after all, we are members of CCBI and so are entitled to see them?

• Why Mr Coutts, have you cancelled important meetings with the authorities to sort out the tenure of 4CCR’s transmitter site on Mt Yarrabah?

• Why Mr Coutts, are you indignant about my inspection at Mt Yarrabah and yet show no apparent concern about the neglected state of the transmitter tower and the FM stack that are both rusting?

• Why Mr Coutts, have you allowed the infrastructure at the transmitter site to deteriorate? When did you personally last inspect it?

• Why Mr Coutts,isn't the transmitter site on Mt Yarrabah maintained so it is free of weeds, thereby avoiding a potential fire hazard during the dry season?

• Why Mr Coutts, have you refused to meet with Cairns Regional Cr. Linda Cooper, cancelling meetings on a number of occasions just hours prior to the appointed time?

• Why Mr Coutts, have you failed to implement the decision of the Management Committee meeting of October 6th 2009 to advertise for and appoint a paid radio station Manager, independent of the Management Committee?

• Why Mr Coutts, do you refuse to allow the general public to be provided with a copy of the Codes of Practice and the radio station’s Policy & Procedure documents? Is it not a legal requirement from ACMA?

• Why Mr Coutts, after several formal written requests in January 2010 for a Special General Meeting to address a number of appeals for membership refusals and expulsions, have you ignored the request and the 90-day (3 month) requirement has lapsed?

These questions are important for the very survival of the station and need to be answered honestly. Fellow member you have a right to be heard and to be taken seriously.

I view the above issues to be so important that Newsletter No 1, Mr Coutts’ response letter to CCBI members, and Friends' Newsletter No 2 are being on forwarded to ACMA for their information and noting.

KEEPING IN TOUCH

Updates will be provided on the Friends website Friendsof4CCR.org and in further Newsletters. Please do not hesitate to contact me directly if you need clarification or more information.

I have shared with you my view about what I believe is an important matter. I urge you to contact me if you wish to share your point of view. Help the Friends draft the 'Reform Vision Plan.' Above all your confidentiality will be respected.

Yours sincerely,

Ross Parisi

Chairperson, Friends of Cairns Community Radio/FM 89.1
Ross...@Friendsof4CCR.org Tel 0419 645 818 or 4038 1005

Last revised on 20th April 2010

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PLEASE NOTE: The two reference to "attachments" of the last Friends newsletter and also Mr Coutts "letter to members" can both be found posted separately on the Friends website.

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Attachment 1

Ross Parisi’s COMMUNITY INTERACTION 1976 - 2010

• Justice of the Peace Appointed 1983

• 14 years as an elected Councillor of the Mulgrave Shire Council

• 10 years as President of Friends of the Flecker Botanic Gardens

• Chairperson of Friends of Cairns Community Radio 4CCR 89.1 FM

• Council representative on the Cairns Hospital Board

• Council representative on Cairns Youth Centre

• Chairperson of Cairns Forum - a Cairns think tank

• Member of Cairns 1st public policy development unit

• Chairperson of Xavier Herbert's House Preservation Committee

• Chairperson of Smithfield Ratepayers and Resident Association

• Chairperson of Marlin Coast Recreation Centre

• Trustee of the Freshwater Pony Club

• Trustee of the Trinity Beach Sporting Trust

• Foundation Trustee of the Cairns Regional Gallery

• Charter member of the Cairns Northern Beaches Lions Club

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Attachment 2

Broadcasting Services Act 1992

Suspension and Cancellation of Licence

141 Remedial directions—licence conditions, class licences and codes of practice
Licence conditions relating to commercial, community or subscription services
(1) If the ACMA is satisfied that a person who is:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee;
has breached, or is breaching, a condition of the licence, the ACMA may, by written notice given to the person, direct the person to take action directed towards ensuring that the person does not breach that condition, or is unlikely to breach that condition, in the future.

143 Suspension and cancellation

(1) If a commercial television broadcasting licensee, a commercial radio broadcasting licensee, a subscription television broadcasting licensee or a community broadcasting licensee:
(a) fails to comply with a notice under section 141; or
(b) breaches a condition of the licence;
the ACMA may, by notice in writing given to the person:
(c) suspend the licence for such period, not exceeding 3 months, as is specified in the notice; or
(d) cancel the licence

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Attachment 3

Australian Communications and Media Authority (ACMA)
AGREED MEASURES - Cairns Community Broadcasters Inc – Cairns FM 89.1
http://www.acma.gov.au/webwr/_assets/main/lib310667/cbg_enforcement_repo...
4CCR RENEWED - 1 December 2009
• Keep its community informed of station matters through regularly updating information on the website, such as names of the members of the Board of Management and its program schedules, and using the website to inform the community of developments at the service, including posting of Board minutes and newsletters.

• Undertake a review of documentation required under the Community Radio Broadcasting Codes of Practice 2008, and formulate a timetable for the development and implementation of the required policies.

• Provide the ACMA with a list of policies and procedures that need to be developed and/or revised, a timetable for when the policies will be developed and implemented, copies of the finalised policy and procedure documents, and copies of the minutes from the Board of Management meetings where the new policies and procedures were approved.

• Increasing the capacity of the members of the Board of Management through management training being undertaken. The training should include a combination of general management courses and training specific to the needs of each Board member. Develop role descriptions for all Board of Management roles, including a detailed description of the roles and responsibilities, as well as the position’s reporting lines.

• Encouraging members of the organisation to become involved in the operations and programming of the service through the development of policies and procedures for the Sponsorship and Programming Committees to ensure that the committees are comprised of Board and non-Board members. Combine the two Programming Committees to strengthen the decision making process. Develop guidelines regarding how members and the general community can provide input into programming decisions.

• Amend its Constitution at Clause 5 to ensure the organisation has an open membership policy, removing the need for prospective members to be nominated and seconded by existing members.

• Provide the ACMA with updates regarding the progress of discussions on the required technical upgrades to ensure the service is operating in accordance with its technical specifications.

• Provide two comprehensive written reports to the ACMA updating the ACMA on the implementation of the various strategies, activities and initiatives listed above. These reports will include supporting evidence and relevant documents. The schedule for reports to the ACMA is 1 May 2010 and 1 December 2010.