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MONEY-POWER-CONTROL
POLICE USED - POWER ABUSED
THE LIE
LETTER TO THE MAYOR
SPEECH BEFORE ARCATA CITY COUNCIL
ACAT BOARD MEMBER RESIGNS AS TREASURER
ACAT BECOMES APEG






MONEY - POWER - CONTROL
Triggers Rush to Ratify

by Sydney Munguia

June 27, 2000

In a special meeting on June 14th 2000, ACAT President Roland Yartzoff lead the motion to, "approve the draft contract as drafted". Despite input from the public, an independent attorney, and 3 fellow board members who all supported changes to the controversial draft contract to ensure it represented ACAT’s interests, the motion passed with 3 yes and 2 no votes and the contract was ratified without any changes. The Memorandum of Understanding between ACAT, the City, and HSU defines how the access channel is divided. This M.O.U. was also ratified, without changes, giving the City of Arcata full control and government access programming first priority on Channel 12, with a 4 to 1 vote. The third and final blow came when new ACAT Bylaws were ratified despite serious objections that they were flawed and not compatible with the development of a membership based organization. ACAT Boardmember Charles Douglas attempted to amend the motion to adopt the new Bylaws by incorporating 3 key changes. In section 8.02(b), Douglas suggested changing the deadline members are required to file signed petitions to nominate directors to the board from 4 months to a more reasonable, "7 days". In order to allow members to nominate more than just one director per year, Douglas asked that the provision limiting members in this way be, "deleted from section 8.02(c)". And finally, Douglas asked for a new provision titled Article 16 to be added to ensure, "Immediately upon approval, the ACAT Board must consider all items in these Bylaws be placed into effect." During this landmark meeting, numerous objections were raised by boardmember J.C. Morris who left prior to voting. Another boardmember, Mel Hunt spoke out and voted against the ratification of the contract, but voted favorably for the M.O.U. and Bylaws. Notably numerous objections were raised by Charles Douglas, who voted against ratifying each of the three documents. Douglas was the primary voice of reason on the board during all of these discussions. Points illustrating the disadvantage to ACAT inherent in the terms of these documents were raised by Douglas himself, several members of the public, and Greg Allen a local attorney. Allen vigorously cautioned the board not to ratify the new contract as it would be, "a blueprint to [ACAT’s] demise". However, all protests against ratification of the documents were arrogantly ignored by the majority of the board whose strategy was to avoid answering any questions highlighting flaws in the documents. Over the past 11 months ACAT has been transformed from a viable public access television station to being a hostage in a Yartzoff - City stand off. Eventhough, Yartzoff canceled ACAT monthly meetings for April, May, and June, and with 2 board seats vacant since March 9th, he pushed relentlessly for the ratification of these documents without any provisions whatsoever for funding ACAT. On June 20th, only one week after the new Contract, M.O.U. and Bylaws were ratified, Yartzoff threatened to dissolve the ACAT Corporation if the City did not pay out the $32,215 his Executive Committee demanded to run the station. He said, "I will ask the board to wind up its affairs and dissolve the corporation" unless this money is forthcoming from the City. Extreme circumstances given, Yartzoff has contended for months that, "Money doesn’t matter".


POLICE USED - POWER ABUSED

by Sydney Munguia April 2000

The ACAT Office is now "closed" to the public and to producers except by "appointment only". There is only one working camera our of four, and it’s not available for use. Repairs and regular maintenance of the equipment doesn’t seem to be a priority anymore.
ACAT’s General Monthly Meeting in April was abruptly canceled amidst inquires about ACAT’s finances (8 months without a Treasurer’s Report) and rumors of more resignations. New ACAT Bylaws are waiting in the wings for ratification as is a new contract between ACAT and the City.
The drafts of these new documents have some basic problems. The proposed Bylaws are heavily laden with inconsistencies and confusing claims and clauses. Members are handily written out of having any meaningful power or presence within ACAT. The proposed terms in the new contract with the City leaves ACAT crippled and incapable of ever owning it’s own property or assets. Once signed, ACAT part-n-parcel will be owned by the City.
Very little information trickles out of ACAT these days about what’s really going on. Since February 8th, most of their business has been done behind closed doors. And, recently ACAT President Roland Yartzoff has included Arcata Police in his bag of tricks to intimidate the public and stave off inquires into ACAT’s affairs.
The problem here is that Yartzoff is all to happy to answer questions and give interviews as long as he likes the questions. As soon as the questions target serious problems at ACAT, Yartzoff clams up-jumps up and calls the Arcata Police.
On November 8, 1999 Yartzoff filed a police report for "harassment and making threats" against Doug Munguia who on November 4th had merely attempted to interview ACAT Station Manager Rob Amerman about why he was censoring programs critical of Yartzoff.
Thirty-three minutes into their March 23, 2000 Special Meeting of the ACAT Board, Yartzoff over reacted and summoned the Arcata Police because of another plea for more public input. While Yartzoff was pressuring other boardmembers to just sign the contract as is, Al Krause raised his hand to object to Yartzoff’s treatment of boardmember Mel Hunt. Krause was gagged from commenting. "I raised my hand because Yartzoff was being harsh and intimidating, and his behavior was way out of bounds for a public meeting." Krause explained later. Sydney Munguia was also silenced when she appealed to Yartzoff to allow public input. "Since you just handed this [the new contract] out tonight, you’re going to have to allow public comment on something that is so critical to this organization.", Munguia pleaded. Yartzoff heatedly interrupted Munguia and demanded she leave the room and in less than 4 seconds Yartzoff was dialing Arcata Police on the phone. When police arrived, Yartzoff had three members of the public ejected, including Doug Munguia who had been sitting quietly videotaping the exchange. Sadly, Yartzoff distorted and misrepresented the incident to Arcata Police Sgt. Zanotti. Yartzoff said, "They refused to stop speaking and I had to stop the meeting." Also, during this brief recess, and while the police and 3 public members were out of the room, Yartzoff was overheard joking about how he had no intention of allowing further public comment. "We’re not going to get to oral communications, are we." Yartzoff said smugly, followed by laughter. The meeting continued with all in attendance only to eventually end abruptly with Yartzoff adjourning and (big surprise) not allowing oral communications from the public. The public strenuously objected, prompting Yartzoff to summon the police once again.
A week later on March 30th, Yartzoff convened another Special Meeting of the ACAT Board. He did not inform the public that this meeting was to take place and was critical when members of the public (who heard about the meeting serendipitously) arrived and wanted to attend. Yartzoff told the public they would have to wait a half hour for admittance. When Yartzoff finally opened the meeting to the public, he for no reason and without incident summoned Arcata Police again. A police officer sat quietly in the back of the room reading a magazine during the entire 2 hour meeting.
In a related move, Yartzoff unexpectedly canceled ACAT’s General Regular Monthly Meeting of April 7th. (ACAT runs an ongoing announcement on Channel 12 inviting the public to attend ACAT’s monthly meetings on the 1st Thursday of each month.) Yartzoff issued a press release published April 4th stating the meeting had been "tentatively rescheduled for Tuesday April 11 at 7:30pm in the Arcata Branch Library Conference Room." On April 11th another press release from Yartzoff announced, "Notice of the meeting time and place will be posted no less than 72 hours in advance of the meeting on the bulletin board at the entrance to Arcata City Hall." No mention or notice of another cancellation was given or posted at City Hall. In an interview on April 11th with Yartzoff and ACAT Vice President Michael Stowell, when asked what happened to the meeting, Yartzoff admitted, "I decided not to schedule it." Yartzoff, cut the interview short and summoned police when Stowell offered more information about ACAT’s finances. As the camera crew and interviewers were exiting, Yartzoff angrily pushed Sydney Munguia out the door. Moments later and now outside, Yartzoff admitted getting physical and suggested, "Why don’t you sue me for assault."
In the new proposed Bylaws of ACAT the following phrases appear time and time again in Article III describing ACAT’s Purpose, "...to promote the concept of community... promote programs and support the use of various media as vehicles of artistic and political expression... facilitate the use of access channels as a public forum which promotes a free exchange of ideas and viewpoints...ensure no individual is discriminated against...seek out diversity of peoples with information..." These noble ideals conflict greatly with Yartzoff’s Police State approach to public meetings and the lack of a free exchange of ideas and information. Yartzoff doesn’t even allow "dialogue" between the public and the board during open public meetings. And, the current membership of ACAT, its Producers have never been invited to participate in a single exchange of ideas about the fate of ACAT or the contents and drafting of these key documents. Former City Manager Keith Breskin envisioned City TV, and Yartzoff was eager to make it happen. Rather than promote community, Yartzoff, Stowell, and others on ACAT’s board are silencing it. Viewpoints, ideas, information, artistic expressions not in keeping with Yartzoff’s wishes and desires for
ACAT are not allowed on Channel 12 or in board meetings. Even if he has to call the cops to keep them out!
This is a disturbing trend at ACAT, where the public is slowly and surely being squeezed out of public access. What kind of public access television station has ACAT become? It’s one that practices censorship, discrimination, and intimidation. It allows its president to play hide-n-seek when scheduling meetings and to deny public input. It’s also about to give away all its assets and autonomy to the City of Arcata. And, it’s about to ratify Bylaws that give all the power and control of the organization to the very person - Yartzoff - who is already so blatantly abusing his position of power.

ACAT President Roland Yartzoff & Vice President Michael Stowell in the ACAT Office & Studio showing off ACAT's checkbook on April 11, 2000 amidst inquires regarding ACAT's finances and after Yartzoff cancels ACAT's April Meeting for the 2nd time.



THE LIE
by Doug Munguia
April 2000

Anyone who is aware of basic journalistic standards realizes The Arcata Eye struggles to get it right. For some reason, Hoover believes he has to doctor or deny the facts to the point of tabloid. I believe people purchase newspapers if they believe what they’re reading has a comfortable level of integrity. In other words, at the lowest level the information has to be credible. Not Hoover. Generating self-imposed controversy is his way of selling papers. The ACAT story is a classic example of how Hoover denies truth its rightful place. For over a year, ACAT and the "Munguia thing" has been one of Hoover’s favorite targets for distortion and facts filtering in his pursuit - for what?
But there has been a change in the landscape. Keith Breskin, the former Arcata City Manager, and his corrupt ways have finally been publicly recognized, and Hoover’s salty tears can’t save the withering weed. Breskin has been the centerpiece of not only ACAT financial problems but also Hoover’s "story". You see, Hoover’s story revolved around supporting Breskin and his grand power control over ACAT. Unfortunately, Hoover has told us very little about the real issues and nothing about how the "new board" is handling business. Why you ask? Because, Breskin, Yartzoff, and Stowell are Hoover’s buddies in the business of political smoke screens. Public-Access? No. Now it’s become Power-Excess.
I suspect people began to realize Hoover’s manipulation of the story, and his sales began to fall. You may wonder why the Munguias are no longer writing letters or columns highlighting these changes anymore in the Eye. This was Hoover’s decision. Deny the Munguias and the "Munguia thing" and the ACAT controversy goes away. Not just the Munguias, but David Giarrizzo, and recently Alice Krause and others who write to criticize the "new" ACAT and defend the Munguias have been denied access to his rag. Creepy, but there’s more.
The last occasion Hoover used my words was on December 21st, he placed my letter to the editor in my wife’s Changing Channels column. Everyone knows that a letter to the editor is not the same form or content as a column. He also changed the sentence structure to make it read different than my original. When I called Hoover, he claimed his manipulation was just a "Munguia thing" denying any wrongdoing. With this type of ethic operating, can Arcata afford to listen?
If left up to Hoover, the City’s manipulation and ACAT with all its corruption will rock on without being noticed by any reader who relies on the Eye. Amazing the level of denial that is played out in the ACAT dismantling. One thing is for sure, Hoover ignores the real heart of the issues in his quest for the almighty quarter. Whatever ACAT becomes it will always carry the impact of Hoover’s distortions. My only hope is the people of Humboldt County become aware of Hoover’s folly and question their investment in his agenda. If we all vibrate this thought together - maybe we will resurrect the Union.




April 4, 2000

To: Arcata Mayor Connie Stewart
Arcata Council Members: Jim Test, Jennifer Hanan, Bob Ornelas, Robert Noble, and Arcata City Attorney Nancy Diamond.

My name is Alice Krause. I am a 36 year resident of Humboldt County. Imagine my dismay when I was told my husband Al was on the front page of The Arcata Eye. Kevin Hoover erroneously inferred that the Arcata Police had been called because Al and two others had disrupted a public meeting of the Arcata Community Access Television Board of Directors - seemingly through yelling and "badgering" the board members during session.
While I knew Al had attended the meeting held on Mar. 23, 2000, the story he told me was nothing like what was reported in the newspaper. I decided to see for myself what really happened during the meeting. Hoover quoted the board chair, Roland Yartzoff, as stating ACAT would not be airing it’s own video tape had been made by others attending the meeting, which I arranged to see. I realized while watching this video tape, that not only were the charges false against Al and the other two individuals, but that the Arcata Police Department were being mislead and used as an intimidation tool by Mr. Yartzoff.
The issues of ACAT have never been personally of my concern. Now as a result of seeing the tape of this March 23rd meeting. I feel there is something very wrong with the methods presently being used to decide the next course of action for ACAT.
I would like YOU to request and view ACAT’s own uncensored copy of the Mar. 23rd meeting to see for yourselves not only the "non-event" that caused the APD to be summoned, but the questionable tactics used by Mr. Yartzoff to manipulate the public and other members of the board to yield to his will.
These proceedings seemed to lack credibility, as they were not run by Robert’s Rules of Order, nor was the public allowed any "discourse" with the board. Mr. Yartzoff adjourned the meeting abruptly and cut off all opportunity for "oral communications". I understand Mr. Yartzoff has done this repeatedly on numerous occasions over the past 8 months.
While watching this video tape, I also came to the realization that Mr. Yartzoff and some members of the ACAT board seemed to be taking actions that are not in the best interests of ACAT and the citizens of Arcata and viewers at large. In addition, Mr. Yartzoff and other board members seemed to view the City of Arcata, and the City Council, as a "cash cow" to be milked for unlimited funds for ACAT and for their own personal gain.
One ACAT board member with a differing viewpoint, made mention of an outside report recently funded by the city to assess the needs of ACAT. He stated the findings of this report were that the station had been undefended for a long time, and the equipment was antiquated and in need of repair or replacement. He stated the report included a written document - a "model contract" for ACAT to use that would enable ACAT to have a workable relationship with the City while meeting its operational needs. Mr. Yartzoff and other board members seemed unable to tolerate any suggestions or comments contrary to their own. Consequently, Mr. Yartzoff and other board members were rude and bullying in their rejection of these ideas.
Mr. Yartzoff’s funding scheme of a $100,000 loan from the City to meet his proposed needs seems to be without regard to the impact it will have on the long-term ability of the ACAT station to function. His terms would ask the public to go into debt to fund three salaried positions for one year. Up to this point, these services have been voluntary. This smacks of self- interest. It seems to appear Mr. Yartzoff has been promised one of these paid positions.
Under his proposal $50,000 of this loan would be earmarked for these 3 jobs. The other half of the proposed loan would then be used to purchase equipment. While as a business owner I understand the need to have the proper tools to do an efficient job, I also understand that a compromise in price and ease of use also need to be included in this equation.
Mr. Yartzoff and his cronies seem more interested in equipping ACAT with a minimum of overly expensive and complex cameras and editing equipment that may build their OWN egos and dreams of being professional television moguls, but won’t provide the PUBLIC with appropriate, user friendly tools to allow them to use this public access television station for what it was intended.
As you can see, I was greatly disturbed by the proceedings of this ACAT Board meeting and what may happen to the station if this board is left unchecked in their present methods and direction. I feel the citizens of our community deserve a voice. Perhaps the City Council could suggest a Citizens Advisory Group be formed to study this new contract between the City and ACAT. Perhaps, Mr. Yartzoff and the ACAT Board of Directors could benefit from the suggestions of some local people who have had some life and business experience.
I hope that by writing this letter, the actual proceedings of this March 23, 2000 meeting of the ACAT board will be addressed openly. The contents of the video will speak for itself. Please take the time and the interest to find out the TRUTH about what is going on at ACAT board meetings.
Sincerely, Alice Krause
cc. ACAT Board of Directors, APD-Sgt. Richard Zanotti,
The Lumberjack, The Arcata Eye, The Times-Standard, and The Northcoast Journal. (Editor: This letter was reprinted with the permission of its author, Alice Krause.)




Speech to the Arcata City Council & Citizens of Arcata

by Sydney Munguia

April 19, 20000

Thank you for allowing all of us an opportunity to speak on a topic so very important not only to Arcata, but to everyone involved in public access.
Most of the discussion about the terms of this contract have taken place, at least at ACAT, behind closed doors in what they call Executive Committee meetings. Even other ACAT Board members have had little input in the drafting of this new contract. And, Until now, the public has had almost NO input on this matter.
There is a disturbing trend at ACAT, where the public is slowly and surely being squeezed out of public access. Over the past nine months, ACAT has become a place where the practice of censorship, discrimination, and intimidation are commonplace. It allows its president to play hide-n-seek when scheduling meetings and deny public input. ACAT is about to give away all its assets and autonomy to the City of Arcata. And, it’s about to ratify Bylaws that give all the power and control of this organization to the very person - Yartzoff - its president - who is already so blatantly abusing his position of power.
When the City gave notice of their intent to terminate ACAT’s contract, All the ACAT Board had to do was negotiate a new contract with the City and do a budget that was reasonable based on ACAT’s operating capacity and equipment upgrade needs. But, instead they reinvented "everything" - Since September, they have driven the station into the ground reimbursing themselves for frivolous expenses and increasing wages after dismissing all of ACAT’s volunteers. They’ve allowed the existing equipment to degenerate into a miserable state of disrepair, the ACAT office is now closed to the public, all the while expanding their program schedule to play more re-runs. Under Yartzoff and others, they have botched ACAT badly.
Despite clear instructions from the Buske consultant that financial terms be spelled out in simple language in the new contract - so there is no further confusion about how the pass-through funds are to be spent, ACAT’s new contract draft doesn’t even mention the pass-through funds. This is a disturbing omission when much of ACAT’s woes are the result of questions, secrecy, and RainMan equations with regard to the pass-through funds.
All of this refusal to release the financial records regarding ACAT’s pass-through funds - gosh you wouldn’t even release them to your own hired consultant from the Buske Group - is unexceptable.
This funding hide-n-seek has lead us here - to a place were ACAT is in a shambles and now the City wants to give ACAT an interest bearing loan. It sounds like an extortion plot in a Hollywood movie. And according to Yartzoff’s statements on March 23rd this loan amounts to $100,000 to $110,000 - $45,000 - $50,000 for equipment and an additional $45,000 - $50,000 for salaries. It’s so outta whack, when you consider ACAT’s annual budget over the past 11 years has never exceeded $10,000.
Yartzoff has repeatedly said, "MONEY DOESN"T MATTER’ when it comes to ACAT’s funding. But, where ACAT gets its money does matter. Whether ACAT is funded with pass-through funds or ACAT is funded with an interest bearing loan from the City of Arcata makes a great deal of difference. The pass-through funds are already earmarked for ACAT - at least that’s what is says on Arcata cable subscribers monthly bills and it’s spelled out in the City’s contract with Cox.
Yartzoff dismissed all of ACAT’s volunteers in order to increase wages to ACAT Station Manager Rob Amerman and to create a NEW PAID position for himself as the Executive Director.
Yartzoff wants his full-time pay check so bad he’s willing to sign anything even if it means handing ACAT over to the City.
Naturally, The City will be off the hook for all those pass-through funds while you collect the interest on ACAT’s new loan.
Once this contract is signed, the City owns ACAT. The City controls ACAT.
ACAT is delegated to a form of financial slavery and its independence as a public access television station and the freedom of expression and free speech of which public assess is all about disappears. Sign this contract and Public TV becomes City TV.
Those of us involved in public access television both locally and nationally are very concerned about the manner inwhich
Roland Yartzoff has & is abusing his position and power:
Yartzoff is regularly admitting much of ACAT’s business in being done behind closed doors. And, since February 8th they’ve been meeting in closed session under the guise of "Task Force" meetings. Interestingly, no one is quite sure what these Tasks Forces do and who qualifies to participate on them.
Yartzoff sits on every Committee and Task Force organized by ACAT. He even attended the one and only Producers Meeting in October when ACAT Producers were "informed" by Rob Amerman that changes to ACAT’s Rules and Procedures were coming.
Yartzoff is repeatedly and willfully misinforming other ACAT Board Members and the Public about ACAT’s finances and other matters of record. Examples are plentiful - this is only a sprinkle of examples: On February 8th, he even admitted removing certain key exhibits from the Buske Report before handing it out to the rest of ACAT’s board members. He even altered a videotape on bogus grounds that a comment was "slanderous" - of an "official version" of ACAT’s board meeting of November 4th. Yartzoff deleted portions of it to prevent the viewers and the public from hearing public comments critical of Amermans’ performance as Station Manager.
Despite the Council’s Drop Dead Demands of July 1999 that all ACAT Board meetings be videotaped and cable-cast on Channel 12, on March 23rd the ACAT Board voted to remove language requiring ACAT to comply with the Council’s demand. What happened here?
ACAT has held 16 Open Public Meetings between September 2nd and April 19th:
All 16 meetings were videotaped by ACAT.
Only 5 of these meetings were ever cablecast by ACAT on Channel 12.
Why isn’t Yartzoff and Amerman putting these meetings on TV?
Why are they ignoring the Council’s earlier demands?
Why aren’t they letting viewers and citizens of Arcata and elsewhere see how they do business?
Public notice of these meetings was provided in the newspaper for only 8 of these meetings.
Oral communications - an opportunity for the Public to comment on any topic was denied in 8 of these meetings.
Minutes have only been ratified for 9 of these meetings. A Treasurer’s Report has not been released at any of these meetings or since
July 1999. That is 9 months without a Treasurer’s Report.
They have had 7 board members resign, and rumor is the April General Monthly Meeting at ACAT was canceled not because of "scheduling problems", but because they have had more resignations.
Roland Yartzoff with the help of Nancy Diamond and former Arcata Mayor Victor Schaub are also using police intimidation and oppressive tactics against the Public and ACAT Members to prevent Public input and to prevent any opposition from going on the RECORD.
There is a very real and unnecessary Police presence at ACAT Board meetings these days. Even when another Board Member starts to answer questions about ACAT’s finances during an interview, Yartzoff calls the cops to have those listening thrown out.
Selectively enforcing ACAT Rules & Procedures and taking Actions against Producers who are creating programs which satirize him and ACAT.
Selectively censoring, confiscating, damaging tapes submitted for cable-cast because the content of those tapes satirized him and ACAT. If this is the kind of censorship practiced now, what will it be like once the City owns and controls ACAT?

ACAT already has funding. ACAT is already entitled to the pass-through fees (which are such a closely guarded secret). The City needs to open-up the books and pay-up ACAT’s due. ACAT should - in the public interest - demand the City do so!
Sadly, Yartzoff and others on the ACAT board are rolling over. They’ve already admitted on March 23rd, that they’re allowing "the City to call the shots."
Eventhough they know this is not in the best interest of ACAT or the Public. The City has their own resources and those resources out-do ACAT’s resources considerably. As is ACAT is going to sign a contract which will put ACAT into a severe disadvantage financially and without any possibility of ever owning its own assets or equipment. This will jeopardize ACAT’s ability to acquire outside funding from independent grants and donations. How many "donations" are given to the City each year? Are there any at all? Well, once this contract is signed, those making donations to ACAT are really making donations to the City of Arcata. Anyone - especially others associated with Nonprofit have to see the absurdity of this kind of agreement.
In the new proposed Bylaws of ACAT the following phrases appear time and time again in Article III describing ACAT’s Purpose, "...to promote the concept of community... promote programs and support the use of various media as vehicles of artistic and political expression... facilitate the use of access channels as a public forum which promotes a free exchange of ideas and viewpoints... ensure no individual is discriminated information... seek out diversity of peoples with against..." These noble ideals conflict greatly with Yartzoff’s Police State approach to public meetings and the lack of a free exchange of ideas and information. Yartzoff doesn’t even allow "dialogue" between the public and the board during open public meetings. And, the current membership of ACAT, its Producers have never been invited to participate in a single exchange of ideas about the fate of ACAT or the contents and drafting of these key documents.
Rather than promote community, Yartzoff, Stowell, and others on ACAT’s board are silencing it. Viewpoints, ideas, information, artistic expressions not in keeping with Yartzoff’s wishes and desires for ACAT are not allowed on Channel 12 or in board meetings. Even if he has to call the cops to keep them out!
My favorite Yartzoff statement: "I can choose that policy unilaterally, and that’s the way it is. I ordain as King of ACAT." February 8th 2000.
It’s frightening to think the fate of ACAT is in this guys hands, hands that are guided by the City.
The kind of leadership needed at ACAT - especially right now is one that is deftly tolerant of differing opinions, one that is more honest and open, and more experienced in administration and parliamentary procedure. The leadership of ACAT, unlike this current lot of ACAT board members will also have to act prudently, ethically, and comply with the laws of our land.
These new folks at ACAT and even some of you on the Council have lost sight of what ACAT is all about. It’s primary function is supposed to be to provide equipment and training to the public for the purpose of providing public access programming.
ACAT’s own Equipment Task Force compiled and on March 23rd presented a wish list of equipment. Only as an afterthought did they decide to include a request for some equipment for public access programming. J.C. Morris, the only ACAT Board Member who actually works at a TV Station couldn’t even get his recommendations for equipment considered. Yartzoff and Stowell basically told him and the rest of the board that they’d already decided what equipment was best for ACAT.
What is this creature we call ACAT becoming? Is it a group with a sense of tolerance for differing opinions? Or is it a ruthless well oiled machine with only Government and Educational Access interests in mind? After observing the persecution of select Producers by this ACAT board, it’s obvious they are dangerously careless and highly irregular in their priorities. ACAT’s willingness to accept contract terms which allow the City to own all of ACAT’s current equipment and all future equipment purchases puts ACAT at great risk. Conditions like this are more than just questionable. Nonprofit corporations in the state of California such as ACAT aren’t allowed to just give their equipment and assets away. It’s not allowed because it surely opens the door to abusing the purpose and capital assets of all nonprofits. Will ACAT - the nonprofit ACAT - merely be a fake a front for the City to acquire equipment and resources for City advantage. I’m not sure, but this sounds illegal to me under California State Law...?
It’s very hard for me to say this. But, sometimes (like in the case of Mr. Breskin) you just have to admit the tactics you’re using aren’t working. However, given the current circumstances I believe you’ve reached this place with ACAT.
You have created a monster.
In the best interest of the public and the principles of public access television, perhaps it’s time for the Council to revoke ACAT’s contract once and for all.
Start looking for a new nonprofit organization to take over Channel 12’s operations.
Look for a nonprofit with some integrity - one that has experience in the real world - and just maybe public access television will have a chance to breathe and thrive again.




June 8, 2000
To: ACAT Board of Directors
and the Citizens of Arcata.

With the deepest regret and firmest conviction, I must tender my resignation as Treasurer of Arcata Community Access Television, effective immediately.
I do not make this decision flippantly, but after weeks of agonizing over how I can best serve the ACAT community given the precarious situation I find the station to be in. I have come to the conclusion that I can no longer live a lie, that I can no longer be a Treasurer in name only, and that I can no longer be complicit in what I consider crimes against democracy.
First and foremost, I cannot be Treasurer of ACAT because certain individuals, specifically Roland Yartzoff and Michael Stowell, have created conditions under which I have never been able to perform the duties of my office. While I explained quite clearly when the Board appointed me that I had no experience in bookkeeping or corporate taxation affairs, I was given a box that could liberally be described as "a complete mess", with no further assistance provided by anyone associated with ACAT. Despite a specific Board motion allocating funds to provide me with assistance in bookkeeping and getting ACAT’s financial affairs in order, such assistance was never forthcoming, thanks to Yartzoff.
Unlike Treasurers in the past, I was never given an office key or the post office box key, thus preventing me from keeping on top of ACAT business. I have never received a single statement of income or a request for an expenditure. Although approved by a Board motion, I have never been given signature authority for ACAT’s bank account, thus preventing me from making a single valid signature on an ACAT check. Evidently, though the Board specified that the President, Vice President and Treasurer all have signature authority on ACAT checks, in practice only Yartzoff and Stowell do.
I have never been made the "Agent for Service of Process" with the Secretary of State, as ACAT Treasurers had been in past practice. In fact Yartzoff designated himself as this Agent, without Board authorization, after the state-mandated deadline earlier this year, putting the corporation in legal jeopardy. Yartzoff also failed to file the "Statement of Officers" in a timely manner, another violation of state law that I began to worry would put me and other officers in a liable situation as well.
Most egregious were the actions of Yartzoff and Stowell during a period in late March when I fell ill. Throughout this short period when I had some of the financial records in my possession following my appointment, I was convinced that even without the help that I so desperately needed, I could make a sense of these jumbled records, and put together a Treasurer’s Report for the General Meeting in April (one which never occurred and was not rescheduled). Unfortunately Yartzoff and Stowell decided to take matters into their own hands and violate the good faith that I thought existed between us since my election to the ACAT Board.
One morning as I lay sick and asleep in bed, Yartzoff pounded on the door of my residence. My roommate answered and, falsely assuming Yartzoff had good intentions, let him in. Yartzoff proceeded to seize the entirety of the financial records, and searched though my personal possessions in my living area for the ACAT checkbook, which I thankfully had put in my desk. Frustrated upon not locating the checkbook, Yartzoff started to slam on my bedroom door, demanding immediate service. Although rather groggy in my weakened and drowsy state, I replied that this was an inappropriate time and place for such a discussion to take place. He then proceeded to pound harder on my bedroom door, and made the ludicrous threat to call the police, as if it is illegal for a corporation’s Treasurer to have a corporate financial instrument in their possession. I informed him at that point that it was completely inappropriate for him to enter my home without my permission and seize anything, and that if he did not leave the premises immediately, I would have every right to have him arrested for trespassing.
Sick, tired and confused, I contacted Vice President Stowell and related to him the details of this incident. Instead of sharing my shock at the intrusive and inappropriate tactics of Yartzoff, Stowell proceeded to justify his actions, stating that checks needed to be written to pay the Station Manager, who at that time [was] Rob Amerman. Despite my reply that I had never been informed of this situation by Amerman or by anyone else, Stowell proceeded to state that he was going to come over and get the checkbook. Giving the checkbook to Stowell was the one decision I regret making in this entire affair, for upon reflection I realized that Stowell had now more right to seize the checkbook then Yartzoff did in barging into my home and seizing the financial records. These individuals have yet to apologize for their actions.
At the next Executive Committee meeting I was notified of (which took place over a month later), I raised my concerns regarding these actions and the general atmosphere of chaos surrounding the operation of ACAT affairs. Only at this point was I informed that the Executive Committee had , at a meeting I was not invited to and had no knowledge of, decided to deprive me of all the executive powers associated with the office of Treasurer, giving them all instead to Michael Stowell as "Acting Treasurer." Despite my questioning of this action, no further discussion or appeal was allowed. Upon later review of ACAT’s current bylaws, I discovered that only the full Board has the power to remove an officer, ant that no provision exists whatsoever empowering the Executive Committee to deprive an officer of executive powers.
At this point I found myself at a complete loss as to what to do. At the subsequent study session with the ACAT Board and the City Council, I could not believe the temerity with which Yartzoff and Stowell presented a ledger of some recent checks as a "Treasurer’s Report", despite the fact that it was missing several items essential to a real report, including statements of income and the current account balance. I also heard with some relief that Jennifer Hanan and other Councilmembers were expressing concern with how some of these affairs were being conducted. But with the May and June General Meetings of the ACAT Board canceled as well without input, I did not see how I could raise my concerns with my fellow Boardmembers and the ACAT community.
All these concerns and more come to head recently when I made a call to the ACAT office and reached Stowell. After a brief discussion of other ACAT business, I again raised concerns with the conduct of ACAT affairs, and cited to Stowell the fact that the Executive Committee had no right to do several things it was doing, including the deprival of my executive powers. At this point Stowell got very flustered, and started to interrupt me as I attempted to explain my perspective. After he interrupted me for the fifth or sixth time, I asked him to stop, and at this point he hung up on me. From what I understand this is not the first time Stowell has treated a member of the public in this way, and to treat a fellow officer and director in this way I felt was doubly insulting and unprofessional.
At this point, feeling I had no other recourse, I called the Arcata Police Department, and spoke to an APD officer. He informed me that the City could take no action to restore my stolen authority, and that I had no choice but to raise my complaint in a letter to the same person, Yartzoff, who had committed many of these acts against me!
I had felt like I should just resign from the Board and walk away from the whole sorry mess, but the more I thought about the whole situation, the more I became convinced that I was not to blame for how I was treated, and that the way I was treated was systematic of how the entire organization has been treated under the rule of Yartzoff and Stowell.
Upon research, I discovered that I have been the fourth Treasurer in less than a year (Ed Gainey resigned on September 14, 1999, Mike Erwin resigned on February 3, 2000, J.C. Morris resigned on March 9, 2000), all of whom quit the job in disgust because they had also been disempowered and disrespected by Yartzoff. I also discovered that there has been no Treasurer’s Report in 11 months, I discovered several questionable expenditures that were signed off by and directed to Roland Yartzoff, then approved after-the-fact, turning financial responsibility on its head. I discovered that not only does the Executive Committee have no authority to remove officers, it also has no authority to appoint Michael Stowell as "Acting Executive Director," not only because this is an action requiring the approval of the Board of Directors, but also because Stowell is already a Board Director and Vice President and, evidently a fictitious "Acting Treasurer." The executive Committee also has no authority to allocate ACAT funds, or make policy decisions in lieu of the Board, which it did in setting the Board’s contract negotiation position with the City prior to the study session. I discovered that ACAT as a corporation has at several times acted and is still acting in an illegal manner, such as operating without a contract (as it is now), failure to hold regularly scheduled public meetings (the ACAT Board has not met since a March 30 meeting that was not publicly noticed), failure to allow public comment on repeated occasions, and other acts of unprofessional person conduct of Yartzoff and Stowell. I even learned of an incident where Yartzoff committed and act of assault against a member of the public on ACAT premises, a clear violation of ACAT Rules and Procedures.
Now, this very day, the Executive Committee met in secret to strategize the "rubber-stamping" of the new ACAT Bylaws and ACAT-City Contract. The Board Secretary "accidentally" left a voice-mail message for me telling me the meeting was at 9pm, when in fact it was held at 9am, thus removing my perspective from an already limited discussion. As in Stole’s own words, there should be, "little to no" discussion of these documents (by the Board or by the public) that will determine the future of public access television in Arcata. If the current draft is any indication, specific concessions made by the City Council, as well as demanded by the public, are being ignored, putting the independence and very existence of ACAT at risk. That such documents should be prepared for months on end without a continual process of Board and public input is a repudiation of every democratic ideal that I hold dear.
Thus I feel I have no choice but to make the terrible things I have learned public, and to remove myself from further complicity with these and other crimes. I cannot serve on an Executive Committee that has exceeded all bounds on its authority, and I cannot serve supposed officers like Yartzoff and Stowell who so clearly subjugate democratic processes.
While I resign as Treasurer, I am at this time continuing my service as a Director on the ACAT Board. I seek no reward, no glory, and no pay for what I am doing. I really don’t look with any sense of enjoyment or accomplishment at continued service on the board, but I feel I must continue, as long as I am able, for the sake of returning a sense of justice and democracy to ACAT affairs. It is my wish that my fellow Directors, some of whom I know share my concerns, make their opinions public, and join together to redress these grievances in an open and public meeting of the Board of Directors. I honestly don’t see how any of us can in good conscience claim to serve the citizens of Arcata otherwise, and if we can’t, we should resign and make room for those who will.
It is my hope that this statement will encourage a critical examination of the operations of the public entity, and that others will step forward with me to return order and legality to the conduct of the corporation. I especially hope the public will take an interest in the newest drafts of the ACAT Contract and Bylaws, for it is no exaggeration that certain provisions (like the transfer of all ACAT assets to the City upon the termination of the contract), if approved, may spell the end of ACAT. I consider myself a public servant, and in these affairs I will gladly bow to the wishes of you, the people, if you will be so kind as to make them clear to this Board of Directors.

Cordially, Charles Douglas
Member ACAT Board of Directors
PS If anyone would like to contact [me] regarding these affairs, please do so:
Charles Douglas PO Box 4957 Arcata CA 95518
voicemail: (707) 441-7160
email: charles@greens.org

Editors Note: This letter of resignation was reprinted with the permission of its author, Charles Douglas.


ACAT Board Members: Michael Stowell (VP), Joan Tempas, and Mel Hunt (Treasurer) pause during their June 14, 2000 meeting before giving the City of Arcata full ownership and control of Channel 12 by ratifying a new Contract, Memorandum of Understanding, & Bylaws.


ACAT becomes APEG
by
Sydney Munguia

The Arcata City Council voted unanimously on June 14th to allow their contract with Arcata Community Access Television (ACAT) to expire on July 31st 2000. Assistant City Manager, John Smith recommended moving away from ACAT (the nonprofit organization who managed and operated the local PEG Channel 12 for the past twelve years) and instead implement an "Interim Solution" to manage and operate Channel 12. This "Interim Solution" was described as temporary to, "Give the City breathing room." This was the first time the public had heard of this "Interim Solution" - there had been no previous public hearings or discussions regarding its merits or specifics. Over the past eleven months, the ACAT Board of Directors was under pressure from both the City Council and Public Citizens regarding ACAT's Executive Committee and President, Roland Yartzoff's alleged mismanagement of ACAT's corporate affairs, misappropriation of public funds, selective enforcement of rules, and the censorship of programs critical of the ACAT Board. Several complaints had been filed against Yartzoff and ACAT Station Manager Rob Amerman for censorship and violating the first amendment rights of ACAT Producers and the Public, which the ACAT Board of Directors refused to address. Circumstances reached a boiling point when self appointed Executive Director, Michael Stowell (also ACAT's Vice President) canceled all public access programming so he could go on vacation. However when inquiries were made by another Board Director, Charles Douglas, it was discovered that Stowell did not go on vacation. He'd merely canceled programming as a tactic to force the City Council to give ACAT $33,000 in funding. When Stowell was confronted by Douglas on July 7th, Stowell responded by verbally and physically attacking him. The police were called by passers-by who heard Douglas' pleas for, "Help!". Douglas filed charges against Stowell for "assault and battery", which were later dropped by Assistant District Attorney Belinda Bulgar. As of July 31st, Channel 12 is now managed and operated by the City of Arcata. It has been renamed APEG Municipal Access Television. APEG has consumed all the video equipment and the 1,500 title videotape library owned by ACAT. There is no public record of any payment or compensation to ACAT from the City of Arcata for these assets. ACAT has not yet been dissolved as a California Corporation. The City of Arcata has demanded Yartzoff return his key to the PEG facility, which to date he has not done. Cablecast time is allotted to Government, Education, and the Public on APEG, but priority for timeslots is not equal between the three entities. A Memorandum of Understanding drafted between the City of Arcata and Humboldt State University (adopted on June 14th) provides that the City of Arcata and, "Government access time periods shall take priority over those educational and public access" requests for time on Channel 12 and that "Educational requests for specific time periods shall take priority over those of public access." Thus, the Public gets the scraps when it comes to programming on Channel 12. Rob Amerman has since resigned his position as ACAT Station manager and been hired by the City of Arcata as a Clerk. Under the guidance of Smith, Amerman is now running APEG. The first few weeks, the changes in and on Channel 12 have been minimal, but significant. Thus far, there are more re-runs of City Council meetings shown, and they are now re-run in prime timeslots. In fact, prime timeslots feature other "specially selected" re-runs of programs from the videotape library rather than new programs. New programming submitted by the Public is scheduled outside the prime timeslots and appears either very late or very early on the schedule. The City of Arcata and APEG have not released any information to date regarding their procedures for scheduling programs or the requirements to become a producer or if video equipment will be made available to the Public for the purpose of producing programs. There has been no official announcement from either the City of Arcata and APEG regarding how long, i.e., how temporary the City's management of Channel 12 will be.