Judge Issues Scathing Report Against TV3
City Should Express ‘No Confidence’ in Board; AG, Secretary of State Could Investigate
Story Updated 10:22PM Wednesday, August 12, 2009
– Allison Goldsberry
A long-awaited report examining TV3 is very critical of the station and its performance in providing a public access television station in Medford.
In her report, retired judge and Medford resident Hon. Marie Jackson Thompson concludes that while it is up to the city to determine if the TV3 corporation, Medford Community Cablevision (MCC), should be removed, at the very least the city should formally express “no confidence” with the TV3 Board of Directors for being deficient in their “contractual responsibilities.” The judge also says Medford might want to request an investigation of MCC by the Attorney General and/or the Secretary of State.
“The integrity of the MCC Board and TV3 has been seriously compromised by the failure of the MCC Board to establish and maintain lawful corporate records, lawful and correct filings, act in accordance with bylaws and Massachusetts law,” wrote Judge Jackson Thompson.
The judge also made several recommendations for the current TV3 board, including appointing board members that reflect the diversity of the community, developing a stronger policy to prevent discrimination, to seek advice from the manager of a comparable station, such as Somerville or Malden, and to undergo training in contract resolution and cultural and disability awareness.
The judge found that TV3 failed in its contractual obligation with the city to provide a public access television station that is open and accessible to everyone in Medford. Meeting minutes were not regularly kept, financial records were not properly managed, policies and procedures and TV3’s bylaws were inconsistent with each other and often changed without notice, recruiting and retaining members was not a priority, and new programming has declined.
“Some members view the operation of TV3 as a successful social institution…but this reporter looking at the contract and business aspects finds it a poorly organized and operating business with deficient internal controls due to a dirth of records at all levels. This business is not serving the needs of the community,” wrote the judge.
Judge Jackson Thompson said the lack of membership recruiting and retention has resulted in a station under the control of a few board members, creating an “MCC access station,” rather than a public one.
“TV3 has failed to retain members. The failure to retain members translates into fewer overall programs and fewer current programs and fewer individuals to assist, produce, or edit material,” said the report.
The judge also criticized TV3 for touting its movie-making as successfully bringing in money and members. The judge said expenses for the movies, including $10,000 in overtime for the former general manager, resulted in “little or no actual monies raised.”
“If the making of films was the principal means of recruiting new members, it failed abysmally. With some purported 19 movies, 13 completed at TV3, there is no conclusive evidence that it created a draw for new members. What did result was wear and tear on equipment, forgone opportunities for Medford access users, and TV3 staff time diverted to script writing, rehearsals, editing, shooting, and the like,” said the judge.
According to City Solicitor Mark Rumley, Mayor Michael McGlynn received Judge Jackson Thompson’s report a few days ago but he is not sure if he has read the report. Rumley said it is up to the mayor to determine what the city will do with the issues raised in the report.
The judge’s report follows a financial audit of TV3 that was completed last May. The audit was completed without the firm that conducted the audit providing an opinion. In its opening letter, Melanson and Heath said it declined to provide an opinion on TV3’s financial statements due to limitations placed on the scope of the audit. The limitations included incomplete accounting records, a lack of evidence to support $55,000 received by the station, and the station management’s inability to provide key information to the firm.
TV3 has a contract with the city to provide a public access television station. The primary funding for the station comes from the franchise fee paid by Comcast rate-payers in Medford.
When asked for a comment on the report, TV3 President Frank Pilleri said he just received the report and needs to review it before making a comment.
Editor’s Note- Allison Goldsberry is a former board member of TV3.Â
More…
Report on TV3’s Financial Statements
Judge Jackson-Thompson is respected across the Commonwealth of Massachusetts. If she believes the Attorney General (Martha Coakley, who lives in Medford) and the Secretary of State could investigate, then they should. There have already been complaints filed with both those oversight bodies (or individuals, if you prefer), so the shenanigans and blatant untruths from Medford Community Cablevision, Inc. are not unknown to William Galvin’s office and people in Martha Coakley’s Civil Rights
division as well as her Public Charities division. They are WELL aware that there are issues at TV 3/Medford Community Cablevision, Inc. With the weight of Judge Jackson’s barn-burning report on Frank Pilleri’s own access station, it is vital that the Mayor and those oversight agencies act immediately. Sooner than later.
The Judge – on page 8 – paraphrases Joseph Fortunato’s “Private Public Access” station line with “Thus rather than a public access station there is in effect an MCC access station”. The millions of dollars that have poured into the MCC coffers over the past 25 years are not available for the public to view. This is public money. Frank Pilleri acts like HE earned the money and that he is running a private corporation, as if he is David Geffen and will make movies that will establish himself as a major producer. This is not fair and it is about time the Comcast ratepayers and Medford citizens started to look into where all the money has gone.
Judge Timothy Gailey in a Third District Court ruling stated “Vociferous and heated public debate on issues of public interest may be something that caused Pilleri discomfort, even distress, but that open and aggressive public discourse on issues of legitimate public concern is not tortious.” The criticisms of TV 3 and its president didn’t prove in court “any substantial negative affect” – which indicates they have no reputation to besmirch. Isn’t it time Medford had a Public Access station with a GOOD reputation, not an access station that feigns it helps the community but is found by a respected Judge and the City Solicitor and members of the City Council and other politicians to be deficient, disorganized and rife with censorship and discrimination.