Wow…what a surprise…done for profit & gain, power & earthly authority. But, this little ditty is about profit & gain, as in $$$$, remember “mammon”?

Luke 16:12-14 NKJV-

12) And if you have not been faithfull in what is another man’s, who will give you what is your own?

13) No servant can serve two masters, for either he will hate the one and love the other, or else he will be loyal to the one and despise the other. You cannot serve God and mammon.

14) Now, the pharisees, who were lovers of money, also heard these things, and the derided Him.

Rather well explained… in these current dealings in KFUO, Issues Etc, Ablaze! Fan the Flame…amongst other things in St Louis and “outward focused areas”. This isn’t rocket science, if ya know the past dealings of a man or men, ya know what they will do, w/o submission, humility, & obedience to Sola Scriptura & the Trinity.

They say the uphold it, but they ACT, as if it does not apply to them. And that says what to us?! It says to me their faces are pointed in one direction, and they are walking in another.

Okay Mollie–find out for us for certain that the lawyer was getting paid! I thought somewhere it was stated he was doing this gratis for himself and his firm!!???

I’m sure that I read that he offered to do it “gratis” — up to $100,000 of his fees. I thought at the time that clearly he planned on his fees being way more than that figure ..

Brashear, a former speaker of the Nebraska legislature, has reportedly waived his fees up to $100,000, an amount which informed observers believe has already been passed in the months of negotiations. from STL Today

St Louis must have one might long, very narrow table. With so many sitting at it, and so many hands able to exchange UNDER it, it must be long & narrow indeed.

How can a gag order be in effect, if an application to the FCC is applied for? Aren’t the details of the sale & what monies have past part of that application?

How can those who promote themselves as such savvy businessmen be such easy marks when any ignorant yokel is smart enough to have no business with such sharps?

The only problem with Sam’s theory is that it isn’t true.

It was Tom Kuchta who (quite openly and honestly) persuaded the BOD to sell Classic 99. He did this for no other motive than that Classic 99 was losing money and doing no Gospel ministry. Anyone following this issue for the last five years knew this was the case.

Kuchta has been completely honest and up front about this for years. This is why KFUO management, bent on saving Classic 99 at all costs, routinely referred to Kuchta as “the devil.”

Sam’s theory is as as bogus as coverage of the St. Louis Post-Dispatch on this issue.

Really, BJS. Check your facts (or those of your comments) before posting them.

TW

TW

Take my post down, Pastor Rossow, and “hide” from the truth. I must say – its good to be in Sarah Bryan Miller’s camp at the Post-Dispatch on this one. I’m sure you’d like to issue a gag order on her as well!

I’m just trying to do the St. Louis’ classical music loving public and the Lutheran Church a favor at the same time. My apologies if I have offended anyone other than the LCMS Board who permitted this travesty to happen.

Why censor Mr. Glasser’s views? It’s clearly stated at the beginning of the post that these were simply comments. I think we’re all mature enough, and familiar enough with blogs, to understand that we’re not reading the Associated Press, here.

Deleting the post only serves to heighten the climate of suspicion and mistrust surrounding this issue.

Thank you, Jared. I am more than happy to try to answer any questions anyone might have regarding my theory of events which have led to an agreement between the LCMS and Gateway Creative Broadcasting regarding the sale of KFUO-FM.

Pastor Rossow,

I didn’t mean to suggest that Sam’s theory by removed from the site. In fact, I think you should leave it up. It speaks for itself.

But, why not check out the facts as well? Tom Kuchta can be reached at (314) 965-9000. He’s out of town today, but anyone can leave a voice mail.

TW

And, I’m no lawyer, but I’m pretty sure that Sam’s theory alleges that Kermit Brashear has engaged in something illegal, or at very least unethical.

Sam’s theory should be explored, and either proved or disproved. If proves to be untrue, I’m sure that Sam will retract its implicit accusations.

TW

When did Mr. Brashear join the BOD?
Just curious.
TIA.

And if Sam’s implicit accusations are true, what then? How do we find out if Brashear is receiving a percentage? Ask Brashear? Ha. Ask LCMS? Ha again.

You all have NO idea what negative ramifications this is having in the arts industry….if you think the way this sale was handled is helping draw people closer to Christ, guess again.

Pray for artists to understand who is the Author of their giftedness. Pray a lot.

And thanks for giving Tom Kuchta’s number, whoever did so…(I think Todd Wilken). Though Kichta will not be the only one I check with, it will be good to see what he says. I do not trust any man’s word until it is verified by others, especially and unfortunately LCMS leadership.

After posting the “story” on synodical officials suing the ladies out in California, with apparently lots of info missing, there’s no reason not to post this story. Caveat oculi …… Caveat oculor? ……. Caveat augenblick? Whatever……Watch those caveats? Cavii?

I found it rather helpful to go OUTSIDE our denom, for info on Kermit. In St Louis Today,
on October 17th, in the”culture club” there is a piece, intitled LCMS/KFUO Kermit Brashear and the LCMS Leader’s Position. If that, is the “LCMS leader’s” quotes & spokeperson, now small wonder, there is a fair bit o’questions. Kermit, served in Nebraska, not Missouri, ck his record in their house & state senate there. Oh, we have a wee bit of a temper problem & a wee bit of a “speech” issue, as in like THE WHOLE TRUTH. 3/4 of truth is still a lie, if it ain’t all, it don’t count. No comment, no response, we saw no such thing,
that really isn’t truth….is it?

If it was a money pit asset, great it’s gone, BUT HOW IT GOT GONE, COUNTS. A little tolerance lead to how much in this Synod so far? Why let this be part & parcile. The LCMS Lutherans, are lookin’ a wee bit “dirty” in this, (if comments from others, outside our denom count)
ya know…the ones we are spending millions on to “seek” to “find” the LCMS thru Ablaze! & Fan the Flame? One thing about seekers folks, the smell deceit & dishonesty a mile away.

Dutch:

It’s not only those outside of LCMS who are disturbed by HOW the sale was handled. There are many within LCMS who think the sale was not handled in a Biblical way, with transparency and in good faith.

The result has been that the arts community is angered by Brash-ear’s aloofness towards the impact on the arts community in St. Louis and THROUGHOUT THE UNITED STATES. It is as though he doesn’t realize (or worse, doesn’t care) that the way a church body conducts itself makes a difference in how non-believers view Christians. Does he not realize that he represents Christ to the world?

Business dealings within any Church must be above reproach when the world is watching. Otherwise there are consequences. I myself am dealing with the consequences every day in speaking with artist friends. Every single day.

Yet the ladies being sued is real. The details are hazy but the reality of these legal actions will effect our synod. The Steadfast Lutheran site is doing us all a service as a forum to give the details. Also with the money from KFUO.

On the one hand, there is the highly regarded “plausible deniability’; on the other you get entrapped with demands for legal confidentiality. Better to do some of this with this forum, where things can be corrected…than listening to amazing whispers where the guy then says “But this is confidential”.

I hope the lawsuit concerning the ladies is false and that no mission money has been spent on it. I hope the money from the sale from KFUO will be dealt with wise stewardship. But let’s not stay in the dark if it is true.

Recently, I sent a small correction to Rev. Rossow and he immediately corrected it. Once I was credited of being the author of something Rev. Rossow had on this site and after e-mailing everyone involved–that I knew about–that I could not take credit for it at all…only Rev. Rossow responded. He kindly told me not to worry about it. [Thanks Tim, you don't know how much I appreciated that.]

Dutch,
It’s been said that Bashear was from Nebraska from “square 1″ …
Where did you get anything else?

It does puzzle me why this guy I never heard of (in synodical circles) should have been “delegated by the BOD” to play with our radio station… no supervision required.
[I daresay he had some, (though the supervisor will say, if asked, that he's "not aware" of any of the relevant facts).] Just my theory.

Bottom line – we sold the station for a dime. There will be no further payments after the first, it we even get that one. But the station is gone.

Rev. Wheeler:
Good points. I ask the following without rancor….

1) Will ‘wise stewardship’ from the sale of KFUO include training seminarians how to truly be in dialogue with those in the arts? Because we are failing right now. Miserably.

2) Will ‘wise stewardship’ include teaching congregations intentionally about the importance of Divine Service? Because methinks many congregants do not understand.

3) Even more, will ‘wise stewardship’ include teaching a good, working definition of ‘Christian Music’ to congregants? Because congregations are confused, and so is LCMS leadership, in my humble dumb opinion.

Pastor, I plead with you to ask others to join you in prayer for those in the arts who are being hardened by what they hear about LCMS. This is very real as I see it every day.

LCMS Christian, Classical musician :
And thanks for giving Tom Kuchta’s number, whoever did so…(I think Todd Wilken). Though Kichta will not be the only one I check with, it will be good to see what he says. I do not trust any man’s word until it is verified by others, especially and unfortunately LCMS leadership.

If you tell Mr. Kuchta that you wrote the above, you know what he’ll say? Probably something like, “Hey, I like you!”

Why? Before he was Treasurer of the Synod, he used to speak about “full financial disclosure” in this way: “It’s not that you tell me everything that’s in your wallet…it’s that you hand me your wallet, and I look inside…and maybe tear out the lining.” I believe that you will find him entirely above board AND that he will tell you exactly what Pr. Wilken has said, above. Those of us who were paying attention have known this for a long time. In fact, the only thing I ‘disagree with’ in Pr. Wilken’s recollection is that I’m pretty sure it’s more like seven years.

EJG

Thanks, Rev. Stefanski.

I would also need to see detailed terms of sale and Brashear’s billing statements before I would believe anything. Call me Doubting Thomasina.

The lack of transparency, secrecy, and the flagrant disregard for the effect this is having on the arts community is what is most disturbing to me. (I’m talking salvation, not monetary concerns.) Please see my post to Dutch #19.

I need prayer as the conversations about the sale I’ve had with artists friends are very draining. Thank you so much for hearing out a not-very-learned-but-passionate-for-my-friends-to-know person.

Does anyone on this blog know Brashear personally?

Marcy,

You wrote, “Bottom line – we sold the station for a dime. There will be no further payments after the first, it we even get that one. But the station is gone.”

How do you know this? What is your evidence? How do you know that Joy FM will default on their payments? Where are you getting your information?

TW

LCMS Christian, Classical musician,

I appreciate your concern for the arts community. In a way I am part of the arts community myself, though not in St. Louis and not the musical arts.

I may be wrong about this, but I am not sure the Church is called to have a ministry to any individual subset of people. Jesus’ ministry is one of repentance and forgiveness for all people. You only need to be a sinful human being to qualify as one needing to be ministered to by Christ.

When Issues, Etc. was cancelled by the LCMS I have to admit that I was hardened in a way toward the LCMS, Inc., but not toward God. If anything, God used this circumstance to bring me to repentance and closer to Him.

I agree that the LCMS leadership should have acted more lovingly toward the arts community in St. Louis. I think they should have done a better job of sharing the Gospel with them when they had the chance. At the same time I think that the LCMS is obligated to share Christ’s ministry with all people and not any individual group.

I am sorry for the hurt you are experiencing because of this situation. I will pray for you and your friends and trust that Christ our Lord will work all things out for good.

I still maintain that the sale was a good idea. It was the execution that I am not so excited about. I am not sure that Joy – FM is financially stable enough to make its payments and I think it would have been better stewardship to sell the station to an owner who planned to have it run as a purely secular institution. To sell it to people who peddle false doctrine seems like very poor stewardship to me. Also, stewardship is about more than maximizing profit. As Christians we need to think about the ramifications of the sale on people’s faith.

Of course, C.S. Thank you for your points.

My plea is for all of us to become more sensitive to where non-believing artists are, especially in light of this sale and its’ ramifications spiritually. People are hurt and angry. I mean, if a child skins a knee, do we just stand there, or do we reach out and help them?

This is NOT to the exclusion of others, but EQUALLY to others. For far too long, the Church has neglected artists and instead has spoken mainly negatively of them. If you are an artist, you know what I mean.

The best way to reach an artist is through their art form.

I am sure I’ll hear all sorts of angry comments from some on this post about the above statement, but so does Sarah Palin receive heat when she speaks. So be it. Bring it on. I’ve been called a plant, told my questions are wrong, and that’s just for starters. I’m getting used to it.

I really appreciate your words, and your prayers. Blessings to you!

Pastor Wilken, I think it would be helpful if you wrote an article telling us exactly what conspired with the sale.

Dear LCMS Christian, Classical musician,

I know exactly what you mean. People in general have little understanding of the training and demands expected of a classical musician. Also, some (although not all) seem to be ignorant of the great body of sacred music by believing musical masters.

I’ve been a member of the LCMS for about 18 months. Being hired to play in a few LCMS churches and hearing Chapel of the Cross Lutheran Church broadcast on Classic 99 caused me and my family to consider a church in our neighborhood. We were seeking fine music and theologically solid liturgy.

We developed a bond with the pastor and a few members. However, we have been troubled by the behavior of some of the church members. They want to control the pastor, for one thing. In seven years the cost to the pastor has been his marriage and his family as well as now his health. There is a contingent that holds meetings planning how they can undermine the pastor. They drove off the previous pastor. There are also long-term members who let these people do this stuff. The sane people seem to visit this congregation and leave. The congregation has continued a serious decline starting in the 1970s with Seminex.

Now there is all this business with Classic 99. The day I wake up to hear something else on 99.1 on my alarm clock besides Classic 99 will be the day I will also reconsider my membership in the LCMS. There just seem to be a number of ethical problems and maybe they are symptoms of larger issues. Maybe it’s appropriate if the reputation of the LCMS is tarnished in the minds of some of influential people of St. Louis. After all, I’ve found many classical music lovers are often well-educated people and some of those may sit in some important positions.

I’ve been doing quite a bit of praying and will continue. I hope the prayers will be more effective than those for my cousin and my best friend from childhood who both died of cancer in the past few months. I feel like the same terminal diagnosis has been made for something that has been important to me.

Blessings to those who are seeking the truth and truly follow Christ.

Seems like Bryan is reading this blog pretty regularly………

http://www.stltoday.com/blogzone/culture-club/culture-club/2009/11/kfuolcms-an-interesting-theory-or-two-posted-on-brothers-of-john-the-steadfast

This affects not only outreach to classical musicians, but to any listener of Classic 99. To those who aren’t familiar with the LCMS, and don’t care about church politics or divisions, the only thing they see is ‘The Church’ yet again making a selfish and short-sighted decision that adversely affects the community it’s meant to serve. Deserved or not, that will be the prevailing opinion in the St. Louis arts community, and national and world-wide audience of KFUO.

If any of Glasser’s, or Bryan Miller’s, or Radio Arts Board’s assertions and theories are inaccurate, they need to be directly addressed by those most qualified to do so. ‘You’re wrong, just ask [This Guy]‘, isn’t going to dispel anything. There needs to be complete transparency and open communication, which Brashers is plainly unwilling to provide.

I would want to see Todd Wilken’s statistical proof that Classic 99 was losing money as his assertion is quite at odds with Robert Duesenberg’s as well as others who have seen the actual KFUO books.

That said, better, different, wiser personnel in management could have helped made things more business-like. There is no need to throw the baby out with the bath water which I know is happening with this continuing pattern of our Synod selling off assets. In this case, the assets were hard won over many years of loyal listenership, from Lutherans and non-Lutherans alike.

Todd said that Classic 99 was “doing no gospel ministry”. Come on, Todd, that is a sensationalized claim, if not an untruth.

I know you have sour grapes over Issues. So do I. Big time. Things could still be done differently at Classic 99, for instance: little snippets surgically activating the apologetics side of the intellectual minds listening to Classic 99. For this, KFUO could have called on David Menton or Craig Parton to record radio-style sound bites in their respective areas of expertise.

In summary, Glasser’s hypothesis needs to be tested. Duesenberg’s data is from actual tax returns, etc. When you cannot arbitrate, you litigate.

You all need to read Sam Glasser’s post carefully, because it is carefully crafted like a lawyer would write. I don’t know him and I don’t know if “Sam Glasser” really exists. He has some supporters on this blog that don’t sign their real names, so this could be a “new media” attack on a legitimate decision by LCMS Board of Directors. I don’t know Kermit Brashear.

Note that “Glasser” only says he has a THEORY. He does not say that he has any evidence or facts to support that theory. His theory is only one way to interpret several facts he assembles. Since I worked in Saint Louis in LCMS administration for seven years, I understand how LCMS administration works and I know many of the people who work there. Here is my perspective on the “facts” he has assembled to support his theory:

1) Glasser Fact One: “$18 million is an absurdly high price.” This is not a fact, this is an opinion. A price is whatever the market will bear. If JOY FM can pay $18 M on time, then it is not an absurd price. It is only a bad deal for the “Saint Louis Arts Community,” which offered a much smaller price and worse terms.

Of course, members of the “Saint Louis Arts Communty” will do everything they can to bad-mouth the higher price, because if they can defeat the deal with JOY FM, then they may get to buy at their smaller price and worse terms for the LCMS. My theory, just based on this, is that “Sam Glasser” is a member of the “Saint Louis Arts Community.” This “community,” by the way, does not speak for all classical musicians in Saint Louis. It is just a group that financially supports the fine arts. I am glad that they do that, but their behavior toward the LCMS is not commendable!

2) Glasser Fact Two: “Gag order.” This is a fact and it is common practice on LCMS boards today. It is called “executive session.” Everything that is discussed, who said what, and who voted how, is all in separate and sealed minutes in executive sessions. Executive session is explained in Robert’s Rules of Order, section 9 (page 95 in the 1990-9th edition). A member of the board can be punished under disciplinary procedure if he violates the secrecy of an executive session. Robert says that matters relating to discipline-particularly trials-properly should be handled only in executive session. So there are valid uses for this procedure.

But the question is whether executive session is properly used in this case. I suspect not, but that is not because this deal is bad, but because LCMS boards have gotten into bad habits and overuse of “executive session.” Glasser’s fact is then really a complaint not against Brashear, but against all of LCMS administration today.

3) Glasser Fact Three: “Brashear’s refusal to answer Bob Duesenberg’s letter.” I do know Bob Duesenberg. He is a long-time LCMS member, from a long-time LCMS family in Saint Louis that has very generously supported classical music, he is a faithful attender at his church, and so has a complete right to his concerns as an LCMS member.

The person who normally replies to questions to the board is not a board member, but the Chief Administrative Officer, who is currently Ron Schulz. Or if it is a public relation issue, which this has become, then David Strand, the Interim Director of Communication Services. Concerns about the deal or board decision, should be addressed to either Ron or David. If the board took these actions under “executive session,” which apparently they did, then only Ron or David can respond. An individual board member should not respond to concerns about board actions, the responsible executive should, in any case.

4) Glasser Fact Four: “Hard-praying Christians,” referring to JOY FM. Glasser is upset that LCMS would make a deal with a Christian organization (JOY FM) as opposed to a secular organization (Saint Louis Arts Community). LCMS has an official policy about “cooperation in externals” with fellow Christians. LCMS does not believe that all Christian churches teach correctly, but we also recognize that most of those churches have a large percentage of Christians in them. We have a kinship with them in that respect, and so want to cooperate with them as much as possible, where that does not compromise our own doctrine or integrity. This could make JOY FM a preferred partner in a deal, though I don’t know if this was a factor in the board decision.

Let’s think about this from a parish level. A Lutheran congregation decides to move to a new location. It puts its 100 year old property and sanctuary up for sale. It has two buyers, a Buddhist group and a Baptist group. The Buddhists offer more money, but intend to install a huge statue of Buddha where the altar used to be. The Baptists offer less money, but will not change anything in the sanctuary. Which group will the Lutherans sell their old church to?

In the present case of KFUO-FM, the secular group offered less money, worse terms, and no religious use, while the Baptist Christians offered a lot more money, and the intent that the station would be used for Gospel proclamation. Which offer would the Lutheran Christians take?

5) Glasser Fact Four: “Out west.” JOY FM is owned “out west,” not in Saint Louis, so that is supposed to make the deal bad? LCMS is a national corporation. We deal with and serve anyone in the country. Saint Louis metropolitan area is not even our biggest region anymore. I am sure that our first rank cities, Chicago, Los Angeles, and the Twin Cities have surpassed Saint Louis in all vital church statistics. Saint Louis is now in the second rank of LCMS population, ranked with Detroit, Milwaukee, New York, Cleveland, Cincinnati, Denver, SF Bay Area, and Seattle. Glasser’s comments betray a parochial outlook, which I am sure is not shared by LCMS Board of Directors, who serve the NATIONAL synod.

Watching all of this from afar, makes me wonder how the LCMS or KFUO ever got connected to the “Saint Louis Arts Community.” They seem to be a really nasty group of people to work with, based on the attacks they have mounted against the Lutheran Church-Missouri Synod. I can’t imagine that any of them are Christians, based on the way they are treating us all.

But then the LCMS has never had an easy time in Saint Louis, going back to when the secular German newspaper “Anzeiger des Westens” attacked Stephan, the Saxons, and their children. The Episcopaleans took pity on us, and let us use their old cathedral until we could build our first church in Soulard, at Historic Trinity. The Presbyterians in Perry County took pity on us in our first years there, and helped feed and clothe us. We remember that Christians have treated us well, and the secular groups have always attacked us without relent. Nothing has changed.

Yours in Christ, Martin R. Noland
-Former Director of the LCMS Concordia Historical Institute in Saint Louis
-Ph.D. in Historical Theology and Church History from Union Thelogical Seminary, New York
-Lifelong defender of my Lutheran church

Thank you, Dr. Noland, for taking the time to read my post and to respond to it so carefully and intelligently. I intend to re-read your post a few more times and then to think long and hard before responding to it which I will do this weekend. Again, thank you and I thank this site for permitting me to share my views with you on the matter of the sale of KFUO-FM.

Yesterday, while listening to the Vienna Boy’s Choir at the New Cathedral, I was again struck again by the enormous contribution to classical music made over the years by the Lutheran Church, known for centuries, as I’m sure you know, as “the singing church”. There, in the program notes to a piece by Eduard Ebel, appeared the following: “In German speaking countries, both Saint Nicholas and the Christ child might bring the gifts at Christmas; the Christ child as bringer of gifts was allegedly thought up by Martin Luther, to counter the Catholic veneration of St. Nick while maintaining the rather useful custom of giving gifts to each other”.

Until later, I remain one of the tens of thousands of people in St. Louis who are extremely upset at the prospect of being without KFUO-FM in its present classical music format – a station wonderfully run and operated for more than a half century by the Lutheran Church and one we have come to deeply love and rely on daily.

Thank you, Dr. Noland. You make some good points. I would remind us all that the Apostle Paul also was quite angry with the Church and he was used mightily by God.

Also, receiving ‘heat’ is Biblical. It’s our response that is critical. We are to turn the other cheek and reach out with patient, Christian love. This is the way others will come to know our Father.

From me in an earlier post (30):

My plea is for all of us to become more sensitive to where non-believing artists are, especially in light of this sale and its’ ramifications spiritually. People are hurt and angry. I mean, if a child skins a knee, do we just stand there, or do we reach out and help them?
This is NOT to the exclusion of others, but EQUALLY to others. For far too long, the Church has neglected artists and instead has spoken mainly negatively of them.

From Dr. Noland’s post 36:

Watching all of this from afar, makes me wonder how the LCMS or KFUO ever got connected to the “Saint Louis Arts Community.” They seem to be a really nasty group of people to work with, based on the attacks they have mounted against the Lutheran Church-Missouri Synod. I can’t imagine that any of them are Christians, based on the way they are treating us all.

I appreciate that it hasn’t been easy, but I’m asking that we not attack the arts community, regardless of how they treat us. Please remember that SB Miller has quoted from JTS in three separate posts and that non-Christians are reading this blog. What we say will either draw them closer to Christ or lead them away from Christ and Christians.

@Martin R. Noland #36

Pastor Noland,
In your hypothetical “congregational” case: been there.
When our (all male) voters in its less than infinite wisdom, decided to sell our old church, they sold it to a Roman Catholic parish. Rationale: it would be moved to another town and therefore would not compete for members. (Also, they would pay for it, up front, I think. The old German laity were not so likely to sell for a promise.)

JOY, on the other hand, is being given KFUO-FM for a promise, IMHO. I have a theory, too. It’s that we have a snowball’s chance in Houston of getting $26 million from that entity, but the “theology” they promote is much in line with the new missions being planted by lcms! So, the lcms, which needs money, is getting something the administration wants more, a station in line with their CG, CW, non-lutheran “mission” and they can claim not to be “aware or in control” of the quality of the programming. We are being sold out to Baptist theology, but the radio station is just the latest and most obvious evidence of it.

I happen to disagree with your assessment of the value of a “classical” music station. KFUO’s apparent lack of Christian witness speaks to the quality of people hired to run it, not to the possibilities inherent in it.

On my [public] university campus, we have Bach Cantata once a month, classical music in some people’s eyes. What you hear is what you get; it was written as church music and it still is, for those who have ears. (The SRO crowd is by no means all Lutheran.) I don’t live in St Louis but in a much smaller city, so if lcms chooses to aid and abet baptistic mission work in preference to our own it wouldn’t seem to matter much to me. But it raises questions about our synod’s commitment to the Lutheran faith, [again]. That does matter.

From all reports “the St Louis arts community” was solicited to support KFUO-FM monetarily to the point that it might very well feel a sense of co-ownership and then it was given the back of the hand when KFUO came up for sale.
There is a justifiable sense of “irritation” in that their offer was in line with the reported value of the station but they were shut out of any possibility of negotiation.

The “arts community” is spoken of as if it were a foreign body. I wonder how many so labeled were educated Lutherans. [Our own "classical" station gets a contribution from me.]

Helen:

This is off topic, but you bring up an interesting point. I wonder what sense of ownership non-believing donors feel about supporting other Christian organizations such as the YMCA. Our Y even has a Bible study and yet donors still give… Can donors to the Y make demands on Y leadership to amend their philosophies or programs? It seems to me that this would be an interesting topic about KFUO’s donors…

Maybe someone can tell us more about non-believering donors’ ‘rights’ with a Christian organization. Though this might be appropriate for another thread instead. Sorry, Pastor Rossow!

Dear LCMS Christian, Classical Musician,

I will answer what I know to your question in post #42. KFUO management would have to answer the rest.

For the seven years I lived in Saint Louis, KFUO-FM was operated as a for-profit station. It had a team of salespersons who would get advertisements. The ads paid for the programming and other costs, and the net profit was supposed to help support KFUO-AM, which was a non-profit station. Non-profits get money by donor support, in one way or another.

My impression was that the “Saint Louis Arts Community” was a big customer to KFUO-FM, maybe the biggest customer. Or maybe made donations, or both. That I can’t tell you for sure. I do know there was a long-time, and mutually beneficial, relationship between KFUO-FM and “Saint Louis Arts Community.” I can understand, from that standoint, why “Saint Louis Arts Community” is upset. But it is wrong for their people to ask for a derivative lawsuit or to threaten our LCMS officers, unless they have a legitimate claim.

If KFUO-FM was under a sales cotract for ads or other programming with the “Saint Louis Arts Community,” then they will need to refund the remainder of their contract.

If there were donations with a promise attached, i.e., a designated gift, then the funds received should be returned if they cannot be fulfilled. But if the donations from Saint Louis Arts Community were unrestricted funds, then when the check was cashed, all ownership is completely and forever transferred to the receiving not-for-profit.

People in congregations that are nearing dissolution often think that, because they have donated to the congregation over the years, that when they dissolve the congregation the money can be split between the remaining parties. They have a strong sense of ownership, but to distribute to the members is illegal. Once funds are given to a not-for-profit, they are under law always to be used for not-for-profits, never distributed to members or donors.

That does not really does not answer your question (or maybe it was someone else who asked) about whether Saint Louis Arts Community had a special relationship with KFUO-FM that should be considered in the sale. I don’t know about that. But a normal donor has no claim on “ownership,” even though they feel strongly about it. I hope this clarifies some of the concerns on this issue.

I am not speaking on behalf of the Board of Directors, or KFUO, or anyone else. I am just trying to avoid having the folks who read BJS from being misled on a number of issues that have been discussed here. It would probably be helpful if the LCMS Board of Directors issued several statements to clarify these matters for the general public.

Yours in Christ, Martin R. Noland

Dr. Martin R. Noland, an obviously extremely erudite and articulate member of the LCMS, took the time and trouble to respond (post #36) to my post (#27) regarding the “sale” of KFUO-FM to JOY-FM.

Not so erudite – but passionately involved in this matter – I have a few comments and again thank the host of this fine site for permitting me to post them here:

1) $18 million price. All agree, this is a phenomenally – if not to say – unbelievably – high price for KFUO-FM. Even Kermit Brasher said, “Nobody made a real offer of more than $8 million except JOY-FM” (St. Louis Business Journal). I wonder why? Because everyone knows that $8 million is a pretty fair price for the station. How, then, did an $18 million deal – $10,000,000 more – come to be?

Ask any businessperson what they think about this “sale” and then watch their eyebrows rise as they say, “You must be kidding” or “It must be a fraud” or “Whats going on…?” Then explain that the Lutheran Church is providing financing to JOY-FM to make the deal happen to the tune of 92% of the $18 million price; i.e., that it is “lending” JOY-FM $16.5 million with the first principal payment of $1,500,000 not due until the last day of the 24th month following closing, interest for the first year deferred for 10 years at which time – 10 years from closing – unpaid principal and interest are due and payable. Total cost to JOY-FM: $26 million, consisting of $1.5M down at closing, a Note of $16.5 million with interest at 5.25% over its 10 year term of $8 million.

And who or what is paying this $26 million? JOY-FM, a Christian music, listener only supported radio station which, according to its federal tax filings (Form 990s), has lost money for each of the last two years ($100,000 per year), receives an average of $1.1 million a year in donations
and, as of April 31, 2009, had roughly $200,000 on hand.

Would you lend this outfit $16,500,000?

It’s as if you wanted to sell your home which, based on comparable sales and real estate brokers’ estimates, is worth $400,000 to $500,000. Then along comes this broker (Kermit Brashear) who says he can get $1,000,000 for your house. Of course, you’ll have to give the buyers (finance them) a purchase money mortgage in the amount of $920,000 and oh, yes, their family business has been losing money for the past couple of years but they promise they will pray that their friends will lend/give them the $80,000 cash downpayment at closing.

Would you do this deal or sell the house and walk away with $400,000 to $500,000 at closing? And, oh, I forgot, you’ll owe the broker (Brashear) a 6% commission at closing but there will be enough cash at closing ($80,000) to cover his fee and your legal fees and other costs, leaving you, I’m afraid, with not very much to take home. But in 10 years that $920,000 loan you made them will be paid off with interest and so you’ll be just fine.

According to Mike Anderson on STL Media. net on August 17, 2009, “There is no way a listener supported Christian radio company can afford to pay the full market value of a 100km signal in the 20th market”.

And then, having falsely certified in October 2009 to the FCC that it had “sufficient net liquid assets on hand or from committed sources to consummate the transaction and operate the station for three months”, we learn from JOY-FM’s website that, well, actually, they don’t have the money to close. “The total purchase price is $18 million. However, our immediate cash need is $2 million (by March 1, 2010). While this is a lot of money, we know that God orchestrated this opportunity and that He will provide through His people. We will pray. We will give.” Doesn’t sound like the money was on hand or available from committed sources on October 6, 2009 when they falsely certified to the contrary.

2) Sam Glasser. Yes, I do really exist but this is not a “new media” attach on a legitimate decision by the LCMS Board of Directors. I am not a Lutheran, I’ll admit, although my great grandfather’s wife was. He came from Saxony and married a girl of Polish-German ancestry who became a nurse, was trained as a Kaiserswert Deaconess and was decorated by Bismarck himself with the Iron Cross – the first woman so honored. Not that that matters a bit. I’m nothing but a member of the American public, resident in St. Louis, a Christian, yes, but not a very practicing Christian. But that status makes me an owner of the radio frequency known as 99.1 FM. For, as you probably know, American radio frequencies belong to the people. They are licensed to broadcast trustees – like the LCMS – which agree to service their community in the “public interest, convenience and necessity”. This is why the FCC must consent to the proposed “sale” (really an assignment of the license) to JOY-FM. And this is why I have legal standing to complain.

Now then, I have nothing critical whatsoever to say about the Lutheran’s church’s stewardship of KFUO-FM over the past 61 years. I think the LCMS has done an extremely fine job with it. And, in my opinion, the programming has been superb – far better than New York’s classical music station. I have even given money to Classic 99.1 FM so supportive I was of it. Although I confess some misgivings when I received a solicitation to donate more money to the station a couple of weeks ago (even though the station was under contract to be sold to an outfit which planned to change the format to Christian contemporary music, alas, not my thing). But I’m sure this was merely a technical error of some kind. The LCMS wouldn’t still be looking for donations from the public for KFUO-FM, would it? It would immediately return these donations, yes?

3) “Saint Louis Arts Community”. Since I’ve given money to support the “fine arts” in St. Louis I guess that makes me a member. But then I’m a member of a lot of groups; in fact, my wife and I gave far more to the APA (Animal Protective Association of Missouri) and Stray Animal Rescue this year than we did to the “fine arts”. And we’ve also given to the Forest Park association besides the ballet. Again, it doesn’t matter. But your characterization of the “Saint Louis Arts Community” as “a really nasty group of people” as if we were some godless, bunch of mean-spirited individuals “attacking” the Lutheran Church as if this were the 16th century, is hardly warranted. Of course, my reference to JOY-FM being owned “out west” was in equally bad taste.

Your argument in favor of the “sale” to JOY-FM on the grounds that the LCMS has a “kinship” with Christian churches is interesting. The Lutheran Church also has a “kinship” with the classical music loving public in St. Louis which it has served for more than half a century. And classical music has long been an important component of the Lutheran Church and its ministry. Martin Luther himself composed at least 36 hymns and wrote, “Music and theology alone are capable of giving peace and happiness to troubled souls”. We “troubled souls” are therefore part of your larger congregation and ministry and the Lutheran Church has a very real “kinship” with us as well as a Christian contemporary music station of which St. Louis already has a dozen. Do we really need another one at the expense of our ONLY classical music station?

Your hypothetical case as to whether the Lutheran Church would sell an unused sanctuary to a Buddhist group offering the most money or to a Baptist group offering less but which would not change anything in the sanctuary is telling. You obviously ask us to answer “Why, the Baptists, of course”. I put it to you we classical music lovers in St. Louis – the “Saint Louis Arts Community” – are the Baptists in your hypothetical case and the Buddhists are JOY-FM. For we will not change anything with the station; we love it as is. Sell it to us; we will keep it intact.

Join forces, Dr. Noland, with the many prominent and distinguished Lutherans including Mr. Bob Duesenberg and Dr. Paul Devantier – past Presidents, Vice Presidents, President Emeriti of the LCMS, former members of the LCMS Board, Church officers deans and pastors – in their written petition to the Board to reconsider the “sale”. Dismissed, shockingly, as “dissidents” by Kermit Brashear, their petition remains unanswered to this day. One wonders why? What is the LCMS Board afraid of or embarrassed at?

4) “Gag order”. This form of prior restraint against talking is usually a legal order by a court or government. The bristling issuance of “gag order” by Kermit Brashear in this context is incredible. Has this man never heard of “whistleblower” laws much less the First Amendment? Would he “gag” Board members from saying what they know if they know or suspect a misdeed, a betrayal of trust or, perhaps, a violation of an attorney’s duties to his client?

All I ask is that someone investigate the facts. Did Brashear persuade the LCMS Board to pay him a commission based on a percentage of the radio station’s sale price? If true, then Brashear will have betrayed the LCMS, his client, at the expense of lining his own pocket. He will have to answer to this and the Board members who sanctioned such an arrangement will have to answer to their members and to their God.

Again, thank you for permitting me to make this contribution on your fine site to this important dialogue.

And to Todd Wilken -

I am curious as to your comment (post #6) to the effect that the St. Louis Post Dispatch’s coverage of this issue is “bogus”. I think that Sarah Bryan Miller has done a fine job at publishing information in an attempt to help all of us get to the bottom of this.

Can you explain what you meant by “bogus”?

What I mean by “bogus” is that, until the LCMS issued its gag order (a Byzantine move, typical of LCMS Inc.), Sarah was getting her information from the management of KFUO AM and FM, after that, her information seems to be coming from Paul Devantier.

Sources like these explain why she has repeatedly reported that KFUO FM funds, or in some way subsidizes KFUO AM. This falsehood formed the basis of the petition of 41 LCMS leaders protesting the sale of Classic 99.

You’re a businessman. Call Tom Kuchta and ask him about KFUO FM’s books. Ask him if the FM funds the AM, or if it has for the last five years or more. Ask him if Classic 99 even made money recently. He reported at the end of FY 08-09 that Classic 99 lost $250K. How can the FM fund the AM when the FM can’t fund itself?

Thank you, Todd. I will call him and I will also ask him if Kermit Brashear is being paid a “commission” based on a percentage of the “purchase price” in addition to or in lieu of legal fees. I will let you know what he says although I’ll bet you he will not tell me anything. Won’t he think he is bound by Brashear’s “gag” order, ridiculous and unenforceable though it might be?

Hello, Sam, Tim and list!

Thank all of you for your consideration and willingness to find out facts. And please, post what you find here. I can probably find space on a server somewhere if you have documentation (pdf’s, etc.) that we can make available on the web.

I do not claim any great amount of expertise in anything useful, so my reasons for opposing the sale of KFUO FM are not too complicated:

1. Even if the full purchase price materializes from JOY FM, it does not solve the money problem of the national LCMS. I am not, in principle, opposed to selling any asset of a non-profit under any circumstances, but in this case, there is no guarantee that the money will not be burned up in a few years covering current budget short falls. The basic problem of cash flow remains.

2. For those of us who want the LCMS to return to the historic doctrine and practice of the church, the sale does nothing to advance this, and may further postpone a serious consideration of why the giving to national synod has dropped when the giving to local parishes and districts has gone up, or remains the same. Or, if those reasons are established, what we cut to live within the means we have (and, yes, I am aware that we have cut much already).

3. For those of us who wish to see more Sacred music, explicitly Christian apologetic programming and greater outreach, witness and mission to the Saint Louis area on KFUO FM, the sale removes the very means that would make that possible. Would the board that recently pulled the plug on Issues, Etc. bring it back to an HD station on 99.1 or 99.2? Would they have that, or similar programming, on any HD channel? I’m guessing not.

4. Joy FM may be more Baptist than Buddhist (using Marty’s terms), and may try to do the above (in their own Baptist way) but they already have two FM signals in the Saint Louis area (97.7 and 94.1). Why would they keep all three? And, if 99 is the more financially valuable place on the dial, what would prevent them for later selling it?

5. The Saint Louis Arts community has given in the past to support KFUO FM. Let’s recognize that. Formats change over time. If Classic 99 can move to a Sacred Music format with their support, that would be great, but even though it would be many of the same composers and artists, I would not expect them to fund it.

From my own memory of the area and a quick search, the Saint Louis area appears to have 3 or 4 “Contemporary Christian” FM stations, and only one Classical. Someone in Saint Louis please correct this. Contemporary Christian is not “under served” in the market (as the FCC might put it). Classical appears to be.

I understand the anger and frustration, but mistakes and management have a chance to be corrected, but not if FM 99 is sold.

Would there be space here, Tim, for articles, documentation and analyses related to the topics in this thread? It would be great if we could post budgets and reports with commentary here. You are already doing a great job with the site now, so perhaps that would be too great a burden.

Todd, Eric, how would Sam’s theory be inconsistent with Tom Kuchta’s long stated desire to sell KFUO FM? Isn’t the salient point whether or not Kermit Brashear, a member of the board, would benefit from a sale approved by the board? That’s why we need the facts. My guess is that Kermit, being a smart and successful lawyer with a background in M&A (Mergers and Acquisitions, from the legal, not the financing, end) would be very careful about being compensated for this. But I don’t know, and that’s why we need facts. Let’s find out.

Here’s the website for Kermit’s law firm, if that’s useful:

http://www.brashearlaw.com/

I can’t comment on gag orders (little joke there, very little…), but I would not agree to have a sub committee make a decision on selling a large and valuable asset on which the entire board did not vote. Did that happen? I would like to know.

Marty, do you mean the 48′ers? That would be the large German migrant influx that gave us much of the 19th century laborite and socialist influence in places like Milwaukee and Saint Louis. Yes, indeed, they were very secular, and could be hostile to Christianity (and religion in general). But I don’t get that impression from all the supporters of Classic 99, maybe just a few of them.

Sam, I’m glad you exist! Keep on existing! I will try to do the same.

Can anyone produce the actual document of the appraised value of KFUO-FM? I think there may have been more than one appraised value, so I’d be especially interested in the most recent one, say if there was one in 09.

@Martin R. Noland #36

Watching all of this from afar, makes me wonder how the LCMS or KFUO ever got connected to the “Saint Louis Arts Community.” They seem to be a really nasty group of people to work with, based on the attacks they have mounted against the Lutheran Church-Missouri Synod. I can’t imagine that any of them are Christians, based on the way they are treating us all.

From my perspective as a Christian, a Lutheran, and a professional musician I consider myself a member of the St. Louis arts community. I perform in worship services, recitals, concerts, and weddings plus I teach private lessons. What have I done against you personally? Here I feel like this field I’m in is identified as a “really nasty group of people” and you can’t “imagine that any of them are Christians”. I don’t believe the attacks you refer to are against the whole denomination, but rather a select few people.

Being a more recent convert to the LCMS, I’ve been trying to understand the culture of the denomination and I’m troubled by some of what I’m reading. I remember a certain Martin Luther who had issues with a pope (I read somewhere that pope was into sodomy) so I’m not confident that every person who rises to a rank of leadership within a denomination is genuinely a Christian, but that some could carry on a charade (using the “right” behavior and vocabulary), while the majority are genuine. In fact, I’m concerned about this issue in my own congregation.

It’s easy to throw insults back and forth and yes, I’m hearing a lot of condemnation from non-Lutherans toward the board of directors but it’s not toward the general membership. I think the same consideration should be given to people in the arts. People that I talk to are not against Joy-FM’s desire to expand their market. However, the loss of the only classical radio station is a disaster for arts groups and this is distressing a number of people both inside and outside the LCMS. There are some emotional responses about this.

Okay, so I’ve never given a dime to Classic 99. I’m always trying to figure out how I’m going to pay the bills each month so I’m grateful to those who make the donations.

In a side point to your analogy, my own congregation is struggling to stay afloat and the Synod has stepped in to sort things out. Waiting in the wings is a brewery that wants to buy the school and ultimately the church building. I cringe at that but it’s a real possibility if the congregation goes under.

By the way, I’ve been one of those who has been yearning to hear on Classic 99 more sacred music composed from the pens of the great masters. Late at night I made a quick run to a grocery store so I’d have some food for the next day. Lo and behold, there was a sacred work on the radio in German with a recitative that sounded like an evangelist part. I didn’t hear enough of it to figure out what it was but it was probably Bach. So, from time to time I do hear it, but I sure wish it had more and I don’t think the great religious masterworks would offend a non-believer because great music is great music.

Okay, I have to call it a night. A Baptist church gig in the morning… playing it but wishing it were Lutheran.

St Louis Musician,
Take heart!!!! The Synod may not know you, and some here may not, but some here do. Members, just the run of the mill, people you see on Sunday, do COUNT. Sometimes, I know it feels like those who do not work for or are “active” members of the Synod-as defined by Synod itself-don’t exist outside their membership. We so very much do! We have jobs outside our membership in a congregation, and that is often forgotten in the mix. You have a unique position, you work in a realm, where what you believe is often vilified. If one slights, the whole denom, & church on earth is condemned. That, is often forgotten by those who see you on Sunday’s or read your posts here. I wish I could explain what growing up in the LCMS was like in the past. How Pastor’s knew you, so very well, they knew your Spiritual gifts, w/o having to take a survey. How they knew your job life, home life, school life, & what you did when you were not with them on Sundays. The Synod was once, a helper, a place to look to, we partnered for a children’s program,
Davey & Goliath, my kids still watch that, they time it, to be able to see it. I remember it rather well indeed. The Synod, was who called, spoke, and witnessed, and THEN encouraged those who were members by proxy, to do the same. By hearing it from a pulpit.
We were valued, we were of consequence, as we were what made the church, a church w/o a member, is a Pastor without a flock. A Synod defunct, w/o congregations, as that can’t be w/o members. Faithfull, honorable, long standing, long defending members were what once populated the LCMS. Dear one, this just isn’t the case anymore, more is the pity, and they are now suffering accountability for it. I wish new members, could know what it was like. Ya can’t miss what ya never had, and I miss it, for myself & my sons.

Be mindful, do not mix left & right hand kingdoms. You are in the world, not of it. What you hear, from those who already, are angry, revile, or outright despise WHAT your church teaches, will take every opportunity to do so. In the arts community, the one in which you run in, Classic 99, will be, & is nothing more than a recharge in ammo. Defend what is defendable, do not defend that which is not. “I have no clue why, what or the when’s, but here is what I do know & am sure of”. That, is an opportunity to speak to which your hope comes from, it comes from Christ & His Word, not from Synod. “I don’t know why that happened, but I know what Christ says. “I know the plans I have for you, not to hurt or harm you, but to give you a hope and a future”. Great lead in for John 3:16 or the Romans Road.

Just know this, you are not alone, many here are just plain old members, just like you. Some have been for quite some time, some have not. But, you do have to take a perspective here. Are I/we in this, to preserve a denom, or are I/we in this, to preserve a Truth, Word, and Faith? That, will make all the difference in your defence, offence, and task. Who do we really defend? Who is we should truly defend?

Todd-

You ask how “the FM could fund the AM if the FM can’t even fund itself”. Good question but I suppose one answer is that that is why the FM can’t fund itself (if this is indeed the fact) – it has been funding the AM all along.

Which raises, of course, the interesting question as to whether the FM side has funded the AM side at all? For if it has, I and the others who have in the aggregate given the LCMS hundreds of thousands of dollars over the years to, we thought, support the FM side, didn’t know we were contributing to the Church’s theological mission (the AM side) as well as to its musical mission. Interesting.

Personally, I could care less as I sort of like the theological side – not as much, of course, as the classical music side – but okay if a few dollars now and then drifted across the aisle from the FM to the AM side. Others I couldn’t say. BTW, we aren’t really a “group” in any formal sense; just a bunch of people who really like listening to KFUO-FM. Then again, if it was more than just a “few dollars” drifting across the aisle…and one had really given a lot of money to “Classic 99.1″….I don’t know.

Apropos of this sub-topic, didn’t I read somewhere on this site from someone who worked at KFUO that two different sets of fund-raising documents were prepared? One for us and one for the Lutherans? Now that’s interesting; and it probably made sense, too. Sort of weird, though, no?

I’ve been lurking here sporadically, content to simply shake my head at Todd Wilken’s cheap shots and minor untruths, but I really have to respond to this particular invention:

<>

Nope, sorry, not true. I have had nothing but a couple of official on-the-record interviews (pre-gag order) with Dennis Stortz, and no information of any kind from anyone else in “the management” of the radio station(s). Paul Devantier is indeed among my sources, but he’s just one voice of many, and I haven’t spoken with him recently. Mr. Wilken really should not publicly assert things of which he is entirely ignorant.

Mr. Kuchta has been open about the fact that getting rid of the FM side (at least) has been on his agenda since he came here, at a time when the station was unquestionably profitable. There are many ways of presenting those numbers, Mr. Kuchta is hardly an unbiased source, and there are others in a position to speak to this who disagree with him. Mr. Wilken’s secondary manta (the first is “pop-classical format,” which is, like Homer’s “wine-dark sea,” instantly recognizable in both signed and anonymous posts) of “Call Tom Kuchta” would not work for anyone charged with getting the whole story.

(As to Martin Noland’s “nasty people” post – I don’t know where my fellow-former-Oak Parker is coming from here. A lot of us in the “arts community” are in fact Christians, and even those who aren’t have been extremely supportive of KFUO-FM over the years – and that support has, in fact, helped to support the AM side. Why so hostile?)

As classical music critic of the Post-Dispatch, I obviously have a point of view. As a reporter, I have been scrupulous in presenting a balanced account of all available viewpoints; both my own standards and those of my editors demand it.

I am accountable for everything I write. It’s too bad that Todd Wilken isn’t equally careful with the facts.

Cordially,
Bryan

Sam,

I was the one who disclosed that there were two different versions of Classic 99’s “Libretto” newsletter – one secular, one religious. While I was employed at KFUO, I objected to this on the grounds that it was dishonest to both the FM’s secular and religious donors. After several months of my complaints, KFUO management discontinued the religious version of the “Libretto.”

I also objected to Classic 99 soliciting funds from secular donors without disclosing to those donors that some of their donation could go to support the religious purposes of KFUO AM. Management told me that secular donors were never to be told that their donations might be used in this way, and that since donations to both stations went into “one, big pot,” no one could ever show whose donations went where.

I later discovered that the FM station did not, and had not subsidized the AM station for several years, although management continued to tell everyone (except the FM’s secular donors) that it did. It was their way of convincing members of the LCMS that the FM was indispensable. The line was, “We can’t sell the FM. The FM funds the AM. If we sell the FM, the AM go out of business.” They are still repeating this lie.

In fact, in the 2007-08 KFUO financial report, the FM reported an $85K profit, that it claimed was used to subsidize the AM station. However, in that report I discovered significant cost-shifting from the FM to the AM. The cost-shifting amounted to about $125K, if I remember correctly. I alerted the LCMS Treasurer to this cost-shifting, and he corrected it. After the correction, the FM showed $65K loss for that year –and NO subsidy to the AM station.

You wrote: “I suppose one answer is that that is why the FM can’t fund itself (if this is indeed the fact) – it has been funding the AM all along.”

I have not seen this to be true. I would strongly suggest that you contact Tom Kuchta and ask him about the real financial relationship between the FM and AM. He can be reached at (314) 965-9000.

TW

Alas, this quote – “What I mean by “bogus” is that, until the LCMS issued its gag order (a Byzantine move, typical of LCMS Inc.), Sarah was getting her information from the management of KFUO AM and FM, after that, her information seems to be coming from Paul Devantier.” – somehow didn’t make it into my previous post. Sorry about that.

However, it gives me the opportunity to note that this part of Mr. Wilken’s post – “This falsehood formed the basis of the petition of 41 LCMS leaders protesting the sale of Classic 99.” – is not quite true. The FM station’s support of the AM station is just one point out of five – and the fourth one down, at that – in the petition.

Bryan

Sarah,

The assertion in the petition actually reads, “KFUO-FM is the source sustaining KFUO-AM. Its sale would surely be followed by AM’s demise.” This is demonstrably false.

And, although it falls fourth in a list of five statements, it is the only one of the statements that can be objectively tested to be true or false, the other four statement are subjective opinion.

So, the statement in the petition, “KFUO-FM is the source sustaining KFUO-AM. Its sale would surely be followed by AM’s demise” is the only statement that is relevant regarding the Board’s wisdom in selling Classic 99.

Also, without that statement, the petition is considerably weaker, since is it would be only opinion.

I further doubt that some of the petition’s signers would have allowed their names to be attached if they had known that the statement “KFUO-FM is the source sustaining KFUO-AM. Its sale would surely be followed by AM’s demise.” is false.

As for your statement, “Mr. Kuchta is hardly an unbiased source… Dennis Stortz and Paul Devantier hardly qualify as unbiased either, do they? And, in my experience, they haven’t proven very reliable as sources of accurate information either.

But more to the point, are you conceding that the FM doesn’t fund the AM? If not, based on what objective data (KFUO’s books, financial records, etc.)? If so, why are Dennis Stortz and Paul Devantier continuing to tell people that the FM does? And, what does that say about their bias and reliability as sources for your reporting?

TW

Todd,

It’s obvious that as a novice radio host you’ve not experienced getting fired for politicizing your program against the people who paid your salary. Get over it.

Todd -

Thank you and have a very Happy Thanksgiving!

Sam,

You too.

TW

Paul,

You’re right. Compared to you, I am a novice radio host.

However, unlike you, I have been fired by the LCMS.

Why, I don’t know.

TW

Let me try that post again! The quotes got deleted:

Sarah, Todd, Sam, anybody,

Where is the documentation? Where are the financial reports posted, and where can we find some data to back up what is being said? I am particularly troubled by this quote:

I also objected to Classic 99 soliciting funds from secular donors without disclosing to those donors that some of their donation could go to support the religious purposes of KFUO AM. Management told me that secular donors were never to be told that their donations might be used in this way, and that since donations to both stations went into ‘one, big pot,’ no one could ever show whose donations went where.

Todd, how do we verify that, and what exactly do you mean? Do you mean that donors to KFUO AM and FM gave to one station or one legal entity (KFUO), and that their designation of their contribution for one or the other (AM or FM Classical) was not respected? Or do you mean that contributions applied to the fixed, capital and operating costs for the FM also helped defray the same costs for the AM?

Think about this in particular:

…and that since donations to both stations went into ‘one, big pot,’ no one could ever show whose donations went where.

That would go beyond the issue of selling KFUO into something even more serious. I disagree with much (maybe most) of what the synod has done in the last decade or so, but I do not accuse them of fraud or theft. Theological and doctrinal dereliction, probably; outright felonious activity, no (the first is ultimately worse than the second for a church, but the second gets all the attention from law enforcement).

This would also mean that any accounting or audit of KFUO, AM or FM, would be intentionally dishonest.

I don’t know if you intend to say that, but if you do, please substantiate, or at least elaborate.

Gordon,

I have the financial records that substantiate my statements.

TW

Todd, you are simply parroting the Tom Kuchta/Kermit Brashear party line. #4 may be an overstatement at this time (donations having unaccountably fallen off since rumors that the Synod was trying to sell the station surfaced), but it was the truth for many years. #2 is unquestionably true, judging not only by the calls and emails I’ve had, but from what I hear from LCMS HQ and elsewhere.

Are you saying that the 41 leaders who signed the petition didn’t read it first? That would surprise me greatly, based on what I know of the group – or of any group of people of that caliber.

Once again, you do not know who my sources are. You’re stating speculation as fact. You just look foolish, as well as petty and mean, when you play that game.

But you’re an angry man with an agenda. I hope you can get past being fired and move on to more positive things with your life. Hatred is corrosive, but only to the hater.

Gordon, here’s the thing about financial records: A good accountant can present numbers in a variety of ways, depending on what s/he hopes to accomplish with them. I learned a lot about that when the St. Louis Symphony Orchestra almost went under in 2001: the numbers looked okay as presented, but the orchestra was going broke. Doing the books is as much an art as a science.

What I have been told (and not by the station manager) is that the two stations share a lot of things, like staff, facilities, and utilities. A game-playing accountant could separate them out, but it’s not realistic. The FM station has always, until the last year, provided most of the financial support for the entire operation. Realistically, I’d be very surprised to see the AM station outlive the FM side for very long; the financials don’t add up.

I have no opinion on whether the MoSyn should or should not own a classical music station. I do think it’s unfortunate that – given the loyal support of the St. Louis community for the operation for more than six decades – no good-faith effort was made to sell to someone who would maintain the format.

Finally, as Todd knows, I go by my middle name. It’s a family affliction; they do things like that in the Lowcountry of Georgia and South Carolina.

And now I have to go meet early deadlines and prepare for the arrival of the Olympic Eating Team tomorrow evening. Happy Thanksgiving, all.

Bryan

Sarah,

You wrote, “Todd, you are simply parroting the Tom Kuchta/Kermit Brashear party line.” No, I am speaking from my own experience at KFUO.

You asked, “Are you saying that the 41 leaders who signed the petition didn’t read it first?” No, I’m saying that most of the 41 leaders were lied to about the FM supporting the AM. And, there is at least one name among the 41 who knows full well that the FM doesn’t fund the AM.

You wrote, “you’re an angry man with an agenda.” This is simply ad hominem. As I’ve told you several times before, my emotional state is irrelevant to the truth of my statements. And yes, I am frustrated that the same old lie is still being told about the FM funding the AM, although you call it a mere “overstatement.” I thought journalists were supposed to print the truth, not overstatements.

You also wrote:“What I have been told (and not by the station manager) is that the two stations share a lot of things, like staff, facilities, and utilities. A game-playing accountant could separate them out, but it’s not realistic.” You may not have heard that from Dennis Stortz, but it is exactly the “one, big pot” argument I heard for years at KFUO. In any case, some accountant is going to have to separate them out now, since the FM is being sold.

And finally, I’m sure I do look foolish to you, Sarah. I’m just going to have to learn to live with that.

TW

Bless your heart, Todd. You need to find another hobby; indulging in libel just makes you look bad. Ciao!

Bryan

Bryan,
Thank you for entering into the discussion.

My question is this:
Is there paperwork available to see the assessed value of KFUO?

This would go far in assessing truth surrounding the sale, for Brasher says KFUO is worth anywhere from $18-20+ million, while Friends (Noemi, etc.) claim it’s far less. I’d be curious to see the most recent assessed value, for wouldn’t there have to be one done before the sale took place?

[[editor: corrected spelling of Mr. Brasher’s name]]

Sarah,

I’m not sure what you mean by libel.

Will you correct the record publicly about the FM funding the AM? You’ve admitted here that it is an overstatement.

I think the Post-Dispatch still has a corrections section, doesn’t it?

TW

Yes, here’s the corrections page:

http://www.stltoday.com/news/corrections

Looking forward to reading yours there, Sarah.

TW

Now, now, Todd. You have libeled me and others in your public posts. It seems to me that there’s something in the Big Ten along the lines of “You shall not bear false witness against your neighbor,” and I’m sure you remember Jesus’s definition of a “neighbor.”

And since I didn’t write that “KFUO-FM is THE source sustaining KFUO-AM,” I have not erred; you need to read more carefully and think things through. I wonder, though – are you denying that the FM side has been _A_ source sustaining the AM side?

Classical Musician: No, that paperwork has not been released. However, I talked to about a dozen people in the industry for my stories last spring and summer; they put the value between $4 million and $10 million. The market for radio stations has dropped in this recession (even Bonneville isn’t buying), and that makes the value a little hard to assess accurately.

cheers,
Bryan

Sarah,

Please point me specifically to where I have made false statements about you or others. I will readily apologize.

Didn’t you post the petition on the Post-Dispatch’s culture club blog, as the classical music critic for the Post-Dispatch?

http://www.stltoday.com/blogzone/culture-club/culture-club/2009/10/kfuolcms-the-petition-to-the-lcms-board-of-directors/

http://www.stltoday.com/blogzone/culture-club/culture-club/2009/10/lcmskfuo-kermit-brashear-and-the-lcms-leaders-petition/

I read your posts there at the Post-Dispatch’s site. I didn’t read anything correcting the petition’s “overstatement” about the FM funding the AM.

I am not denying that the FM may have subsidized the AM in the past, though not significantly nor recently according to Tom Kuchta. But the argument in the petition is that it does so now, and that it is “the source sustaining KFUO-AM” You know that this is false, Sarah.

Again, will you issue a correction, or at least tell your Post-Dispatch readers that the petition’s statement isn’t true?

TW

Todd, it’s a matter of opinion. I think it’s an overstatement, but others – actual leaders in the MoSyn – believe it to be the truth. I reported on it. I did not err. If you’d care to offer real proof (as opposed to bellicose repetition) that the statement is deserving of a correction, it’s up to you.

And yes, you’ve libeled me, multiple times. You really need to calm down and stop being so rude and obsessive toward people who disagree with you and have a reasonable basis for doing so.

I don’t think there’s anything to add here, so I think I’ll step away and stop feeding the troll. If anyone would like to write to me, the address is sbmiller at post-dispatch dot com.

Sincerely,
Bryan

It’s funny how well Sarah Bryan Miller and Sam Glasser fit into a ‘discussion’ of LCMS issues and activities. Less than a week into it, and they’ve already learned to deflect the statements of others by accusing them of being bitter, angry, and the like–as if 1) they could demonstrate that such emotions are, indeed, behind someone’s writing and 2) any such emotions that might exist cause one to manipulate the facts, instead of being caused by the facts.

The question is: “Does this say more about them or more about the culture of the LCMS?”

Gordon Bynum asks: “Todd, Eric, how would Sam’s theory be inconsistent with Tom Kuchta’s long stated desire to sell KFUO FM?”

Sam’s theory, if I recall, included it being Kermit Brashear is the one who came up with the idea to sell the station so that he could make money. The sale had been proposed long before, based on what Mr. Kuchta saw would be problems down the road wrt profitability.

Really, the best point of argument I can recall in this thread so far is Mr. Glasser’s response to Pr. Noland: “I put it to you we classical music lovers in St. Louis – the “Saint Louis Arts Community” – are the Baptists in your hypothetical case and the Buddhists are JOY-FM. For we will not change anything with the station; we love it as is. Sell it to us; we will keep it intact.”

Indeed, I think that the “Saint Louis Arts Community” would not only keep the programming intact, but be more likely to ‘re-Christianize’ it, since they won’t have in the back of their minds, “Now, let’s make sure we don’t offend the (secular) arts community by having too much Bach.” (Waitasecond…didn’t Trace Adkins have a song by that name? “Too much Bach–what’s that mean?/It’s like too much money, theres no such thing/It’s like a girl too pretty, with too much class/Being too lucky, a car too fast/Now they may say I’m a lyrical hack, but I ain’t never had too much Bach.” But I digress.)

The point is, y’all seem to be making the problem worse, where you could be finding common ground instead. For instance, I don’t think Pr. Wilken has a problem with keeping the station classical (or, rather, making it more so), as long as it’s not the LCMS doing it; if the LCMS is owning something, it should be actively contributing to its mission–and not by trying to pry money out of non-Lutherns to pay for something else. Those who listen to Joy are those who should be listening to Issues, Etc., instead…and if they begin listening to Todd’s show, Joy’s programming will work against what Todd is teaching them, whereas classical music would not.

Rather, Pr. Wilken’s objection appears (to me) to be the use of falsehood to prevent the sale–the same falsehoods that he had to deal with while in the employ of KFUO.

So far, too, I think everybody agrees that the ‘deal’ Mr. Brashear accepted/cooked up is unreasonable and that if the current LCMS administration were actually to get hold of any sum of money it would be wasted…or, in the terms of the current sale, unwisely borrowed against, based on a false expectation of future income. (Yes, there are still bankers who would loan the LCMS money on such a basis; and I think if one does, Mr. Kuchta will resign in protest.)

Pr. Noland’s contention that the LCMS is being attacked without grounds is, in my opinion as an outsider, correct. If ire is to be directed anywhere, it is at the Kieschnick/Rogers-selected Board of Directors (in which those who would have stood opposed to such risky business were prevented from continuing to serve by Kieschnick’s allowing of scarlet letters to be pinned on them at the last LCMS convention), not at the general membership of the LCMS (other than for their allowing the current atheological administration to remain in power and run roughshod over everything meet, right, and salutary).

At any rate, those who are complaining about the LCMS now (Ms. Miller, Mr. Glasser, et al.) would do well to listen to the guy who has exposed their dealings in the past (Pr. Wilken), as they would be acting far more profitably for both the synod and the St. Louis community if they would get together for lunch to discuss this and then present a unified (as much as possible) understanding of the issues. (Yes, I do think that such is possible.)

EJG

Oh, and BTW, wrt making fun of Mr. Brasher’s name: Really?

EJG

Sarah,

Please point out specifically how I have libeled you. I am sincerely ready to apologize.

I think that I have offered real proof. However, since you asked:

Here are some examples of the allocation of costs at KFUO, based on figures from the report “KFUO – AM & FM Unrestricted Statements of Activities For the Year Ended June 30, 2007 and 2006.” I still have a copy of this report, if you would like to see it.

The “KFUO – AM & FM Unrestricted Statements of Activities” listed personnel cost for the AM as $779,131 and personnel cost for the FM as $1,073,231. These figures were difficult to understand considering the breakdown of AM and FM personnel:

AM employees

4 full-time announcers (w/ other duties)
1 full-time operations manager
1 full-time IE producer
½ full-time engineer
½ full-time receptionist
½ full-time LCMS Found. Development. Dir.
½ full-time Gen. Manger/Dir. of Broadcast
½ full-time administrative assistant

FM employees

4 full-time announcers
1 full-time operations manager
1 full-time sales manager
6 full-time salespersons (draw w/ benefits)
1 full-time program director
1 full-time sales secretary
1 full-time promotions/development director
1 full-time traffic manager
½ full-time Gen. Manger/Dir. of Broadcast
½ full-time engineer
½ full-time receptionist
½ full-time administrative assistant
½ full-time LCMS Found. Development. Dir.

This does not count AM or FM part-time employees.

At the time, the AM had the equivalent of 8½ full-time employees. The FM had the equivalent of 18½ full-time employees. But the personnel costs differed by only $294,100. (The G & A costs for AM and FM showed a similar discrepancy.)

These figures placed the average cost for a full-time FM employee at $58,012 while the average cost for a full-time AM employee was $97,391. How could the average cost per AM employee have been higher than the highest AM salary and benefits at the time? Answer: costs for FM employees were being shifted to the AM side of the ledger.

In that same report, the AM bore the total cost of Building Maintenance ($48,855) and Computer Supplies ($4,508), the AM bore the lion’s share of costs for Publications and Prints (AM $14,960, FM $609), Video production services (AM $22,453, FM $9,701) and of Miscellaneous expenses (AM $33,200, FM $84). More cost-shifting.

In addition, for decades costs such as new equipment were listed as AM expenses only.

This same report showed a $85,000 profit for KFUO FM, and indicated that this surplus went to the AM station. However, after I reported the cost-shifting to Tom Kuchta, he ordered KFUO’s numbers to be corrected and the FM was then shown to have lost about $65,000, and to have given no subsidy to the AM station.

Again, I can substantiate all of this with documentation.

TW

I sincerely apologize to Sam Glasser and “LCMS, Classical Christian Musician,” and anyone else I have offended by my posts on this blog-page. Still, my main interest in discussing these issues is to inform the regular readers of Brothers of John the Steadfast.

My primary and original concern, prompting my reaction, is this statement by Sam Glasser:

“A derivative action brought by Lutherans against their Board is the only way this deal can ever be “stopped” and the parties brought back to Square One.” I will explain my reaction below.

I also do not respond well when anyone “name calls” an officer of our LCMS, which has happened frequently on this particular blog-page and on Sarah Bryan Miller’s “Culture Club.” I was particularly unhappy that this name-calling ended up on the online pages of the “Post-Dispatch.” Luther says that I should defend my neighbor when he/she is slandered, but when I myself am slandered to let it be. I sincerely apologize where I over-reacted in my concern to defend our officers and our church.

I reiterate here my position on classical music and classical radio, posted at BJS at:

http://steadfastlutherans.org/?p=7679#comment-59686 post #22

I agree with “LCMS Christian Classical Musician” that we Christians need to be careful about how we disagree, and I agree that the artists in each community are as important as everyone else, in terms of their need for salvation and the Gospel.

I apologize for my own confusion between “Saint Louis Arts Community” and the KFUO Radio Arts Board in my posts above at #36 and #44. That was a slip in my own memory and a lack of an adequate filing system in my new office.

All that said, as a former LCMS administrator, I completely sympathize with the difficult decisions that the LCMS Board of Directors are faced with. The 2007 convention refused to face up to the national offices’ crticial financial shortfall, in spite of the special Blue Ribbon Committee convened for that purpose, which gave plenty of good and practical recommendations to the convention. Only two of those recommendations were adopted, and they have yet to be enacted. The recommendations dealing with unrestricted funding were completely ignored by the convention. The LCMS treasurer gave a speech at the end of the 2007 convention reminding them that they had not addressed these issues, and that something would have to be done in the next triennium.

Who is to blame for the failure of the 2007 convention to deal with this critical, mission-threatening issue? Not the Blue Ribbon Committee, who did their job. It would be very helpful at this point for someone to come forward and explain who was to blame for Committee Four’s failure to bring the relevant resolutions to the convention. The synodical president should do this, and he carries some responsibility, at least, for lack of leadership on this issue.

The alternatives that the LCMS Board of Directors now face are not pretty: 1) bring home the few remaining full-time, career missionaries in the field (reduce costs); 2) layoff dozens, maybe hundreds, of LCMS staff and executives in Saint Louis (reduce costs); 3) sell one or both seminaries (liquidate asset); 4) sell one or more of the universities (liquidate asset; more difficult due to regional control); or 5) sell a classical music station (liquidate asset).

I am not aware that there is a sixth option, except for bankruptcy. Which of these options would be favored by the LCMS objectives, Article III of its constitution? Option #5, because “classical music station” is not listed as a purpose of the synod, and it cannot be categorized with any of the objectives listed in the LCMS Constitution.

Since the purpose of liquidating this asset is to provide needed cash for operations, the better the selling price, the more the sale accomplishes its purpose. That is a very simple and logical explanation why the LCMS Board of Directors accepted the JOY, Inc offer for $26 million and declined the KFUO Radio Arts board deal for 4.1 million.

The “gag order” on synod employees is understandable. A simple business sale has been turned into a public relations fiasco for the LCMS in the Saint Louis region. That means that the synod’s public relations office “takes over” to prevent additional damage. This is not an “order” from Mr. Brashear, this is what the synod’s Communications office is supposed to do. The people on the KFUO Radio Arts Board who have worked with synodical administration know that this is the way things are done. It operates on the common sense principle “Too many cooks spoil the broth.”

Now to Glasser’s call for a “derivative lawsuit brought by Lutherans against their Board”:

The LCMS has, since 1991, been very explicit in its harsh condemnation of lawsuits between Christians, and particularly between members of the LCMS. In April 1991, the CTCR issued “I Corinthians 6:1-11.” This document was used by the synod to impugn Robert Preus’ motives in his suit to prevent the filling of his former officer. Resolution 3-18 in 1992 commended the document to the synod. The synod’s adjudication process was completely revised with this document as its theoretical basis. Most recently, in 2007, persons who had signed the “Anderson lawsuit” against the LCMS President, due to his acceptance of additional (and allegedly spurious) electoral circuits, were identified on the convention floor by the chairmen and declared ineligible for various offices and boards.

I have not agreed with the theory expressed in the 1991 CTCR document, and have publicly stated so in the past. But the synod has adopted the theory and an adjudication system based on it, so I will accept its judgment, even though I maintain it is flawed.

If the readers of Brothers of John the Steadfast, or members of the LCMS on the KFUO Radio Arts Board, or members of the LCMS in the Saint Louis region sign on to a “derivative lawsuit brought by Lutherans against their board,” they can expect to receive church discipline, to be removed from their employment (if LCMS church-worker or staff member), and might even be excommunicated by their congregation (that depends on their local jurisdiction). The lawsuit course of action is not open to LCMS members, and they should know that, unless they welcome dire consequences!

If the KFUO Radio Arts Board wants to sue the synod, there is nothing to prevent it from doing that, although the high-ranking LCMS members on that board will probably need to withdraw their membership. If Saint Louis listening audience wants to sue the synod, or petition the FCC, they can do that. I am not encouraging them, or anyone else, to do that. That is their business. But it is not the business of LCMS members, at least not according to resolutions, official CTCR documents, and bylaws of the LCMS.

Regarding Sam Glasser, I apologize regarding his identity. He is a real guy, and you can Google stories about him with the phrase “Sam Glasser St Louis.”

Yours in Christ, Martin R. Noland

“Todd,
It’s obvious that as a novice radio host you’ve not experienced getting fired for politicizing your program against the people who paid your salary. Get over it.”- Paul

No one in authority in the LCMS or KFUO has ever given Paul’s reasoning for Todd Wilken’s firing, so reading this was a first for me. I wonder, if President Kieschick had said this at the time IE was cancelled, would this website even exist? Programs get cancelled all the time because management wants to go in a different direction.

I have believed from the beginning that “politics” was the reason that IE was cancelled (though I would say they were theological differences not ‘political’ differences). It’s the only explanation that ever made sense to me. I’ve not read on BJS that anyone disputes that SP Kieschnick acted entirely within his authority to cancel IE and fire Todd and Jeff for presenting the LCMS in a manner he disagreed with. However, SPK said that he was out of the loop on the decision, and the people deputized to explain the cancellation claimed it was strictly financial decision, not a theological one (or even a political one) and I believe also said that it had nothing to do with Todd and Jeff’s performance. So this is at odds with Paul’s statement

I am an LCMS layman far from St. Louis, a complete outsider to this controversy who has never met any of the people involved; I know Todd Wilken only by IE and BJS. However, my guess is that Wilken would let this go and ‘get over it’ if Paul or anyone else in authority at KFUO or the LCMS would publicly state that “politics” was the reason he was fired and stop feeding the laity the line that it was a regrettable but financially necessary decision made independently of SPK. However, since the story from KFUO and the LCMS leadership has been that the cancellation was strictly financial *that* seems to me the reason that Wilken keeps coming back to the finances of the station and the comparisons of KFUO-AM and the “new” IE download activity, not petty bitterness as his critics here have stated.

If a person of authority at KFUO or the LCMS will publicly make Paul’s admission that the IE cancellation was ‘political’ and not financial, then I will agree that Todd Wilken should drop this and focus on the continuing success of his current version of IE. Until then, I believe he is doing a service to us in the LCMS by continuing to insist on honest public disclosure from LCMS leadership regarding its decisions and the motivations behind them.

For me as a layman, this issue is important because it speaks to the trustworthiness or at least forthrightness of Synodical leadership in other areas such as the motivations for the Blue Ribbon Task Force proposals. Can I accept at face value the reasoning put forth by the Synod as to the reasons they should be adopted, or do I need to try to discern the ‘real’ reasons for the proposals? (I am a lay delegate so I do have responsibility for making such decisions). The way LCMS leadership has dealt with IE, including the threatened lawsuit, makes me skeptical that they are being forthright regarding the reasons to adopt these proposals. I’d like to be convinced otherwise. If even belatedly they became open and forthright regarding IE cancellation and the KFUO-FM sale that would help dissipate my doubts about the Blue Ribbon proposals.

Steve,

Although Paul seems to be admitting that IE was canceled for political reasons, the word “political” may not be completely accurate. “Theological” is a better term in my opinion.

While at KFUO we didn’t engage in any overt LCMS politics on the air. We did, however, try to clearly present Lutheran theology according to the Scriptures and Lutheran Confessions. This was obviously as intolerable to the LCMS leadership as any “politics.”

TW

Rev. Wilken-

This was my assessment exactly, including a parenthetical theological vs. political comment above. My understanding was that IE did studiously avoid addressing elections and so forth, the sorts of things you and I would see as “church politics”. At a district convention this summer, I heard SP Kieschnick present a checklist of what, a dozen or so “fundamentals,” that he said are not controversial in the LCMS unlike other denominations, leading him to conclude that therefore the LCMS is a theologically united church body. I don’t doubt his sincerity in that view (I just that I don’t think it is a Lutheran view of doctrine), but if you hold to such a Lutheran fundamentalism, wouldn’t that make you consider disagreement on anything not on the list of fundamentals ‘political’ in your eyes? (my attempt at a ‘best construction” on SPK’s actions).

Am I correct that you are most frustrated [or choose another verb that more accurately reflects your emotional state ] by the fact that LCMS and KFUO leadership publicly insists that IE was cancelled for strictly financial reasons when the reasons were in fact “political” or “theological”, whichever term one chooses to use?

Thanks, Steve

To Dr. Martin Noland:

Your words mean a great deal to me personally and, I hope, to Bryan and other classical musicians, if they read them. Bryan, if you are reading this, Dr. Noland’s post #76 ought to be what you use in your blog as a demonstration of a Godly LCMS leader.

I pray Bryan and Todd Wilkens might be able to find common ground (perhaps in private?). If they don’t, I fear that Bryan will use Todd’s approach in the Post to demonstrate that some LCMS leaders vent out of anger instead of love, which would again hurt our witness. And then LCMS will be smeared needlessly.

Thank you again, and I hope we can meet someday.

In Him,
L.C., C.M.

Steve,

You asked, “Am I correct that you are most frustrated by the fact that LCMS and KFUO leadership publicly insists that IE was cancelled for strictly financial reasons when the reasons were in fact “political” or “theological”?”

Not so much any more, honestly. Things have worked out so well as a result of the cancellation, it’s hard to stay frustrated about it.

Far more frustrating is:

1) The failure of the Board for Communication Services to hold its director and KFUO management to the promises made after the cancellation about a new show at KFUO AM with a broader, national audience, and improved live internet listenership at KFUO AM. Neither of these things have happened.

2) The persistent lie that the FM funds the AM — a lie knowingly told to save the FM station from sale.

TW

P.S. Dr. Noland:

I agree that it would be wrong for LCMS to have a lawsuit from within our ranks, because of 1 Cor. 6:1-7. It disturbs me that any Christian would think this viable. Thank you for your post about it.

LCMS Christian, Classical musician,

You seem to accept Sarah’s accusation that I am acting out of anger. I’m acting out of a desire that the truth be told.

I think that Sarah and I do agree about three, very important things:

1) We both prefer that the FM signal be used for classical music, whoever owns it;

2) We both think that the best owners and operators of Classic 99 would be representatives of the St. Louis arts community; and,

3) We both think that the LCMS BOD has acted with very little transparency, and needless secrecy.

TW

Hi Todd:

I know you are passionate about the truth pertaining to KFUO. I think you have made your points well.

For the sake of the readership here and at the Post, I hope the two of you can come to a place of peace (Matthew 18:15-16) since Bryan is a Christian.

My heart will always be saddened, tho, that a Church gave up a great opportunity to share God’s great beauty with believer and non-believer alike. Someday I hope to see a station where 1)sermons 2) Bible readings 3) a rich variety of music from the past 1000 years or so WITH descriptions of composers’ bios including their spiritual lives 4) intentional teaching about the Divine Service 5) discussion about great paintings…..
….Though some classical music is played on KFUO AM, it just isn’t the same to hear it on AM waves. Plus AM has a lot of pop music, which I personally do not have the ear for.

We have lost a definition of what ‘Christian’ or ’sacred’ music means to the Church laity as well as to non-believers. We need to keep praying for His truth to be revealed through intentional teaching in seminaries and in the pulpit.
In Him,
LCCM
PS: The pope understands the need to build bridges with the arts and the need for a definition of sacred music. Read here his transcript to 200 artists assembled Saturday at the Sistene Chapel. I pray that Protestant leaders would do the same.

http://www.newliturgicalmovement.org/2009/11/pope-benedict-xvi-meets-with-artists-in.html

LCCM,

You wrote, “Someday I hope to see a station where 1)sermons 2) Bible readings 3) a rich variety of music from the past 1000 years or so WITH descriptions of composers’ bios including their spiritual lives 4) intentional teaching about the Divine Service 5) discussion about great paintings…”

KFUO AM could be that station right now. Why isn’t it? That’s a question for those at synod and at KFUO who are running the place.

TW

Posts #75, 76, and 77 have been very helpful to me. This is the kind of information that I want to see to help me understand what is going on. As much as I love Classic 99 I don’t want it to be a financial drain on the Synod. Perhaps the board has to keep certain details of the financial part quiet so as not to devalue the station, but I think more of us might be (if even grudgingly) on board with the sale if the Board of Directors was more transparent and we understood more of the details behind the scenes.

When I played cello at Chapel of the Cross two Sundays ago, I was told there are four other radio stations up for sale in the St. Louis area, but in the brief conversation I wasn’t told which ones. CotC services have been broadcast on Classic 99 for 35 years. If supporters of classical music pooled money together and were able to buy one of these stations in place of of Classic 99, I’d like to see some of the same educational approaches continue–like right now there are the little spots on the history of Thanksgiving. (Thank you, Ron Klemm, for those, as well as for your Sunday morning program “Joy”.) Also, there are Classical Kids on Saturday mornings, broadcasts of Bach at the Sem (I heard one yesterday while driving home from a gig), broadcasts of local school concerts, and the interesting background information giving on music that is about to be played.

It still makes me sick to think there may not be a classical station after March, but at least I can be more understanding about it. I just hope if that is the case, Joy-FM will come through with the payments.

Dear LCCM,

Thanks for the link to Pope Benedict’s recent address to artists. It is inspiring, and knowing Benedict from his previous addresses and books, I believe entirely authentic and heartfelt.

In response to your question, Todd is right. KFUO, AM or FM, could be that station right now. Why isn’t it? The Lutheran Hour Ministries could do something like this, too. Why don’t they?

I have to go back to about 1979. That was the year I made a career move. I had entered the LCMS church-worker system, in order to become a parish music director and parochial school teacher. I was finishing my Bachelor of Arts degree with the Director of Parish Music certificate, with pipe organ, choral conducting, piano, musical education (i.e., teaching children music), music theory, music history, etc., all finished and ready to go.

Then it dawned on me that the LCMS was beginning to dance to a different drummer. People at the college, large congregations, and at the national synod were becoming more and more attracted to the “evangelical” way of doing things. They were talking about pipe organs, church organists, traditional choral music, and other classical music–everything I had trained in–in DEROGATORY terms. I was concerned that I would have little career future. So I took up Plan B, and went to seminary, to become an LCMS pastor.

People at the time, in 1979, said I was over-reacting. That LCMS would never abandon its hymnbooks and organs and great classical music. I said “You wait and see.” I have done what I can, with what little skill and influence I have, since that time to uphold the Lutheran classical tradition. I was never under the illusion that one man cannot hold back the tide. Hundreds of others have tried to preserve our heritage, too! But thousands of our pastors and congregations have now sold out our Lutheran birthright for a mess of Evangelical pottage (I am not the first to use that quote), and most of our synodical and district leaders have led the way.

It is a sad loss for our church, no doubt! It is a sad loss for our society, too!

Who is to blame? Anyone who has sat by idly while the tide of “evangelical church music” or “CCM” came in, and washed away our Lutheran heritage.

An example of this, which is absolutely shameful, is that when the interim president came in to replace Robert Preus at Fort Wayne, the only concrete action the new president took was to throw away the risers for Kramer Chapel that were used by the classical musicians singing and playing there. His intent was to eliminate classical music altogether there. That caused such as fuss in the Fort Wayne Arts community, that the interim president finally had to leave. He was replaced by the second interim president, Dr. Weinrich, who then prepared the way for Dr. Wenthe, who is fully supportive of classical music, as their “Good Shepherd Institute” demonstrates.

I know that, among others, the “Jesus First” organization has specifically advocated for the “church growth movement,” which always undermines Lutheran classical church music in local congregations. They may say otherwise, but that is always the result. “Jesus First” has been very successful since 2001 in electing officers and board memberss to the national synod.

It is not very obvious that the KFUO-FM decision was a result of “church growth bias” on the LCMS Board of Directors, because KFUO-FM had very little Lutheran classical church music, compared to its fare of general classical music, St Louis symphony, and “warhorse” standards. But I suspect that the decline in financial and community support for KFUO-FM, since about 1979, has been because the “church growth movement” in local LCMS congregations finds no value in classical music. If you look at the names of the 41 petitioners, they are mostly the “old guard” in the LCMS, who grew up with this heritage and still love it dearly, as do I!

Yours in Christ, Martin R. Noland

Thank you, Dr. Noland, for explaining the background of the LCMS’s decision to sell KFUO-FM.

Classical music is, of course, becoming an endangered species as the “dumbing down” of America in general continues. And this makes me, also a member of the “old guard”, even more firmly resolved to protect what is left of it. But again, thank you for your insights.

It has been a pleasure exchanging views with you and I trust all will work out for the best for both of us and our “constituencies”.

Dr. Noland:

You are taking words right out of my mouth. Preach it!

N0t all is dark….there are young people listening to classical music AND returning to liturgical churches. One of our children has returned to a liturgical church and listens to Renaissance music! (no fault of mine, of course). In part I think this is happening as a revolt against their parents’ way of entertainment-driven worship, but I also sense there is a deep yearning by many for peace and tradition in the midst of a chaotic world. Many kids these days are products of divorces and they are looking for stability, too.

Will LCMS be there for them? Or will they be behind the times, insisting on looking for entertainment-driven ways to ‘reach the lost’ while people continue to leave? Will LCMS teach the history of sacred music at seminary? Will they teach the importance of liturgy in an exciting, dynamic way for young men whose musical exposure before sem might be a bit narrow? I think a music appreciate course would also be helpful, not in order to worship music itself, but to understand a timeline of music written for God’s glory. I’m praying for intentional teaching at the sems.

LCCM

@Todd Wilken #63

Todd, I thought so. Would it be possible to post them on the web? If Pastor Rossow does not have space on this web site, I will find server space on my own, or at Google, or Amazon Cloud.

Gordon,

When I get the scanner working momentarily, I can post a PDF link to the document I referenced in comment #75, “KFUO – AM & FM, Unrestricted Statments of Activities For the Year Ended June 30, 2007 and 2006.”

Then, everyone can see for themselves the nature of the cost-shifting.

TW

@Sarah Bryan Miller #64

Sarah,

You are correct about many accountants (but not all). One of my favorite jokes is about the interview process a large business (probably a large investment bank, with a large portfolio of Credit Default Swaps) had for head of accounting. The interviews all followed the same format:

President of Company:: “What is one and one?”
Candidate: “Two”.
President: “Thank you, you may go, the interview is over.”

Then one day one candidate sat down, and the interview went like this:

President of Company: “What is one and one?”
Candidate: “What would you like them to be?”
President: “You’re hired!”

But there is a way to counteract that. I think we can all agree that transparency, honesty, clarity and accountability are all good things. That’s why I would like to see the original, relevant documentation posted somewhere on the web, with commentary, and without.

And I agree with you, that we can find much (but not complete or total) common ground here. I already posted my reasons above for opposing the sale of KFUO FM.

@Todd Wilken #81 Rev. Wilken – Thanks for the reply. Glad to hear it from you directly instead of my guessing as to your motivations. It seems to me that the items you cite are derivative from the original cancellation, or at least are of the same pattern. Steve

Gordon,

Here’s the PDF of the document.

In addition to the employee cost shifting I described in comment #75, note that according to this document, the AM inexplicably bore the total cost of Building Maintenance ($48,855) and Computer Supplies ($4,508), and the AM bore the lion’s share of costs for Publications and Prints (AM $14,960, FM $609), Video production services (AM $22,453, FM $9,701) and of Miscellaneous expenses (AM $33,200, FM $84).

Click here to download the pdf.

The point here is that the FM was not funding the AM. Rather, costs were being shifted to the AM side of the ledger to make it look as though the FM was profitable and subsidizing the AM. Again, when I brought this to the attention of the Financial Oversight Committee of the LCMS Board for Communication Services, the numbers were corrected and the FM profit and AM subsidy vanished.

TW

@Rev. Eric J. Stefanski #73

Eric,

May I join the bitter, angry, bellicose, obsessive and emotionally stunted group of Saxon Orthodox Lutherans opposed to the sale of Classic 99 (instead of the bitter, angry, bellicose, obsessive and emotionally stunted group of Saxon Orthodox Lutherans that are for it)? I can try to grow a “Saxon Unibrow”, the one eye brow that stretches uninterrupted across both eyes and nose, so I can fit in. And I’m sure I can lose touch with my feelings, and be more interested in pure doctrine than saving the lost. And, when President Kieschnick and the Ablaze (!) enthusiasts say, “This isn’t your grandfather’s synod” or “This isn’t your grandfather’s church” I can certainly reply, “You bet it’s not. My grandfather was a Lutheran. What have you done to it?”

There, I think that covers all the bases. What I find depressing is that the Ablaze people joined together with the old moderates (aka today’s liberals) to join the secular and academic world in order to caricature and stigmatize those of us interested in the historic doctrine and practice of the church.

But on to the point at hand. Here is what Sam said in proposing his theory:

http://steadfastlutherans.org/wp-admin/#comment-64216

“It is my guess that, in “executive (i.e., secret) session” at the LCMS Board Meeting last February 2009, Kermit persuaded Tom Kuchta and his fellow Board members to let him find a purchaser of KFUO-FM in exchange for a fee equal to a percentage of the purchase price he obtained.”

Here’s what I’m trying to find out: will Kermit, or Kermit’s law firm, or any business associate or client of Kermit’s law firm, stand to benefit in any way for the sale of KFUO FM negotiated and approved by Kermit while he was a member of the Board that owned KFUO FM? If the law firm is “donating” the first $100,000 in fees, what will the total in fees be?

That’s the question. Tom K.’s position (which he has honestly and openly stated) is not relevant to this question. And if the answer is in any way “yes”, then this is a very bad thing.

I personally don’t think Kermit – or any good lawyer, which I assume him to be – would do something that idiotic. I hope I’m right.

@Pastor Tim Rossow #84 Thanks, Rev. Rossow. Regarding BJS, I came to this site via the Augsburg 1530 site that was started directly as a result of the IE cancellation. So I was not aware of the prior groundwork that had been laid for BJS. But as I noted, I don’t really care about KFUO AM or FM, I’ve never listened to them (just IE downloads). But I am interested in understanding the motivations and leadership styles of the synodical leadership as they are proposing major changes to the LCMS Constitution and Bylaws and I will be voting on them next summer. I’m not the conspiratorial type, but are the published reasons given for proposing adoption of the bylaws the real ones, or is the real story sub rosa?

@Martin R. Noland #76

Marty,

My comment at the bottom of:

http://steadfastlutherans.org/?p=8185#comment-64561

was a reference to your comment at:

http://steadfastlutherans.org/?p=8185#comment-64388

What I said about the “existent Sam Glasser” was a joke, it was not serious, and I think Sam’s responses show that he, like yourself, has a lot of grace and class, and was not offended by it (Sam will have to chime in here). But I don’t think you were out of line, or offensive, and your argument about the hostility of the secular emigrees toward the religious “Stephanites” (the early LCMS) is absolutely correct, as you know from your expertise in history. I’m suggesting that the Saint Louis Arts Community is not, generally, any more or less hostile to the LCMS than they would be to any other church. I also think they have a very valid point: if they supported KFUO FM with their donations, on the premises presented by KFUO FM, this is a bad way to treat them.

I think in the interest of transparency and because he is the sole spokesperson for the Syndo as well as their salesman, Kermit ought to share openly what his fee is. In fact, as a non-profit, all numbers should be open for public viewing, shouldn’t they?

Kermit Brashear, tell us the truth about what you are making. Show us the numbers. If you won’t tell us, then we know you have something to hide. (As if he would really do this).

Gordon -

I accept your invitation to “chime in” and will say that not only am I not offended in the least by anything that’s been said in this matter but I believe that you have come the closest to getting to the bottom of this in your closing remarks in your post #96 above. Very nicely put, indeed. And then, LCMS-Christian, Classical Musician’s question in post $99 above. Wow.

And again, its been a pleasure to engage in this dialogue with people like you and Dr. Noland – first-rate intellects both.

@Martin R. Noland #76

Marty,

As a pastor in the LCMS, I find your suggestions to be brilliant, but somewhat limited. If I am forced to pick from only one among them, I must regretfully pick the most promising course of action, #2:

“The alternatives that the LCMS Board of Directors now face are not pretty: 1) bring home the few remaining full-time, career missionaries in the field (reduce costs); 2) layoff dozens, maybe hundreds, of LCMS staff and executives in Saint Louis (reduce costs); 3) sell one or both seminaries (liquidate asset); 4) sell one or more of the universities (liquidate asset; more difficult due to regional control); or 5) sell a classical music station (liquidate asset).”

Reduce costs. Save assets. If you sell assets, and cannot control cost, you waste more money. The money from the asset sold is gone in a few years, and you are still broke.

Here is what Article 3, Section one, of the LCMS constitution says:

“Article III Objectives

The Synod, under Scripture and the Lutheran Confessions, shall—

1. Conserve and promote the unity of the true faith (Eph. 4:3–6; 1 Cor.
1:10), work through its official structure toward fellowship with
other Christian church bodies, and provide a united defense against
schism, sectarianism (Rom. 16:17), and heresy;”

The money generated by #5 may actually work against this objective, as it could be (would be?) used to further the type of theology, doctrine and practice mentioned at the end of section 1.

You mention Article III in your post at http://steadfastlutherans.org/?p=7679#comment-59686, so you know the rest of it.

“The 2007 convention refused to face up to the national offices’ crticial financial shortfall, in spite of the special Blue Ribbon Committee convened for that purpose, which gave plenty of good and practical recommendations to the convention. Only two of those recommendations were adopted, and they have yet to be enacted. The recommendations dealing with unrestricted funding were completely ignored by the convention. The LCMS treasurer gave a speech at the end of the 2007 convention reminding them that they had not addressed these issues, and that something would have to be done in the next triennium.

Who is to blame for the failure of the 2007 convention to deal with this critical, mission-threatening issue? Not the Blue Ribbon Committee, who did their job. It would be very helpful at this point for someone to come forward and explain who was to blame for Committee Four’s failure to bring the relevant resolutions to the convention.”

I think I can explain it. I was also there. I blame many of the people who would be eliminated by taking course #2 above. Not all of them, maybe not even most of them, but if #2 were applied correctly, we could make a lot of progress. So your suggestion #2 becomes even more attractive.

“The synodical president should do this, and he carries some responsibility, at least, for lack of leadership on this issue.”

Yep. Surgically applied, #2 would solve a lot of problems. But I don’t make that call, so it’s easy for me to say. But I have been on both the giving and receiving end of #2 treatment, so I can say it is always sad and unfortunate, but sometimes necessary.

“Now to Glasser’s call for a ‘derivative lawsuit brought by Lutherans against their Board’:
The LCMS has, since 1991, been very explicit in its harsh condemnation of lawsuits between Christians, and particularly between members of the LCMS. In April 1991, the CTCR issued “I Corinthians 6:1-11.” This document was used by the synod to impugn Robert Preus’ motives in his suit to prevent the filling of his former officer. Resolution 3-18 in 1992 commended the document to the synod.”

Would it not be more accurate to say that the LCMS reversed it’s long standing (and entirely correct) position of relative neutrality and judgement regarding the merits of legal action in 1991 in order to hurt Robert Preus’ lawsuit fighting his unethical and unlawful removal from the seminary at Fort Wayne?

“I have not agreed with the theory expressed in the 1991 CTCR document, and have publicly stated so in the past. But the synod has adopted the theory and an adjudication system based on it, so I will accept its judgment, even though I maintain it is flawed.

If the readers of Brothers of John the Steadfast, or members of the LCMS on the KFUO Radio Arts Board, or members of the LCMS in the Saint Louis region sign on to a ‘derivative lawsuit brought by Lutherans against their board,’ they can expect to receive church discipline, to be removed from their employment (if LCMS church-worker or staff member), and might even be excommunicated by their congregation (that depends on their local jurisdiction). The lawsuit course of action is not open to LCMS members, and they should know that, unless they welcome dire consequences!

If the KFUO Radio Arts Board wants to sue the synod, there is nothing to prevent it from doing that, although the high-ranking LCMS members on that board will probably need to withdraw their membership. If Saint Louis listening audience wants to sue the synod, or petition the FCC, they can do that. I am not encouraging them, or anyone else, to do that. That is their business. But it is not the business of LCMS members, at least not according to resolutions, official CTCR documents, and bylaws of the LCMS.”

I plan on petitioning, and commenting to, the FCC, before, during and after the comment phase. I am a member of synod. I encourage the members of synod and readers here to do so as well, for or against. I’m against. Why would that be a problem for anyone in the synod? As you seem to suggest, if it is, is that not an absurdity? CTCR documents are many, voluminous, and contradictory, and conveniently cited as authoritative when they are only “received” and “commended for study” by a convention. Some of them are great, like “Gospel and Scripture”. Others are, well, otherwise. With whom would a member of synod “adjudicate” inside synod when the matter is before the Federal Communications Commission? Does that not demonstrate the absurdity of “adjudication”, as opposed to our previous system of finding of truth, fact and doctrine?

Members of congregations (individual parishoners) are not members of the LCMS. Churches and pastors are. Like yourself, I’m not encouraging individuals to sue, or not to sue. But the possibility of them being excommunicated or disciplined over the very possibility illustrates why option #2 is so very attractive.

Pastor Russow:

As a confessional pastor and head of this blog, do you think it important that Kermit Brashear be forthcoming with his fees surrounding the KFUO sale? If so, why not ask him directly? He is LCMS and on the Board, is he not? I think it is apparent that this issue is critical, as is my previous question about the truth pertaining to the real value of KFUO.

If there is nothing to hide, he shouldn’t mind. Perhaps he might be invited to participate here on JTS.

Looking forward to your response,
LCCM

Here is a link to a comment from someone listed simply as ‘a reader’ on this page on SM Miller’s blog.
http://www.stltoday.com/blogzone/culture-club/culture-club/2009/11/kfuolcms-the-gag-order-is-widened

Here is the comment in part, which is below Bryan’s article:

“Has anybody thought about the fact that the LCMS continuing to ask for money to keep classical music broadcasting alive in St. Louis while trying to sell the station (even had the sign on the home page on the day that the sale was announced) constitutes FRAUD.

For Brashear to work for the LCMS and Joy FM (trying to sell their rimshot stations and HD channel to the Radio Arts Board) at the same time is GROSSLY UNETHICAL.

For the LCMS to forbid KFUO employees to tell people how to contact the FCC is ILLEGAL, they are OBLIGATED BY LAW to tell people who want to complain how to contact the FCC.
A reader”

My questions for anyone knowledgable in law and in LCMS-
1) I know KFUO-FM is soliciting donations, which I find unbelievably…well, unbelievable. Is there truth to this claim that to solicit money at this point is fraud?

2) Is this person’s assertions that the gag order forbidding KFUO employees to tell it’s listeners how to contact the FCC actually illegal or just a rant?

3) Does Kermit Brashear actually work for both Joy FM and LCMS by trying to sell the rimshot stations and HD channel to the Arts Board? I have heard this before. It would be good to have it clarified.

Again, Mr. Brashear, there are many questions and very few answers coming from you. Clear your name. Help LCMS regain their good name.

@Gordon Bynum #101

Oops, made a mistake. The old process of the LCMS is commonly called “Adjudication”. The new process is commonly called “Reconciliation”. I meant to write:

With whom would a member of synod “reconcile” inside synod when the matter is before the Federal Communications Commission? Does that not demonstrate the absurdity of “reconciliation”, as opposed to our previous system of finding of truth, fact and doctrine, “adjudication”?

Marty is exactly right about the new process, reconciliation, being effectively used to threaten members of synod who disagree on issues like this one.

Re: option #2, etc. Years ago, when the LCMS was headquartered on N Broadway, e.g. before the International Center, the membership was larger. Quite a bit. Maybe we need to learn basic business acumen. Basic mathematics. Like living within one’s means. At the synodical level as well as at district levels.

Despite the arguments regarding the proper or improper/unusual accounting practices, FM held its own despite its high salaries and bloated overhead (they have very nice offices and lots of marketing people).

In this regard, perhaps we could try to emulate the LDS. Investing wisely is certainly not selling off assets in questionable deals that the principals do not want to discuss. By the way, is there any truth to the rumor that Bonneville may have been interested in Classic 99 and by extension keeping a classical-oriented format?

Hermann’s Arts Stats:

SB Miller mentions a Bonneville offer here:
http://www.stltoday.com/blogzone/culture-club/culture-club/2009/09/kfuo-why-so-secretive.

Other than her posts I do not know.
LCCM

@Todd Wilken #95

Todd,

Thank you, I have the .pdf file. May I see if I can clean it up, and put your comments on it in typeface? Would I also have permission to post it elsewhere, perhaps http://2Realms.com, or http://www.friendsofulc.org/? I will send it back to you for final approval, so you can see if I have it right.

Gordon

Gordon,

Just to clarify, the hand-written comments on the pdf are not mine. They were written by someone else as notes from a meeting, I think.

My observations regarding the document appear in comment #75 of this thread.

The file is found in comment #95 of this thread.

Thanks.

TW

Do any of you know who decided or to move out to the purple palace area? Just something to think about …I remember a converstion about the situation at that time!!!!!!!!

Todd:
I cannot seem to download your file from comment 95. Is it my computer or the download?
Thanks, LCCM

LCCM,

If you click the link, it is supposed to automatically download the file. In other words, the link doesn’t take you to a web page, but simply downloads the pdf to your computer.

If you’ve clicked the link, I would try searching for the file on your computer by name:

“KFUO-AMFM-UnrestrictedStatementsofActivities”

I hope that this helps.

TW

Todd -

Thank you for sharing the 2006-07 KFUO-FM/AM financial statement with us. I see that the +/-$360K in proceeds from a “gala” were split 50-50 between FM and AM. What was this gala for, out of curiousity?

Hermann’s Arts Statistician -

You’re on the right track, my friend. Overhead, bureaucracy, layers upon layers of mediocre and useless people, hanging around the drinking fountain, really doing nothing. You must cut them out in order to survive. We have all gotten fat. They must go if we are to survive.

I once fired 87 people in one afternoon. Three of them asked me for money to get a taxi home. I gave it to them. When you fire someone, do it while they are standing up. Don’t let them sit down. They may call a lawyer. Give them a bag. Help them put their personal belongings in the bag and then show them the door. Nicely, of course, but firmly.

LCMS Christian, Classical Musician :Hermann’s Arts Stats:
SB Miller mentions a Bonneville offer here:http://www.stltoday.com/blogzone/culture-club/culture-club/2009/09/kfuo-why-so-secretive.
Other than her posts I do not know.LCCM

Hermann’s Arts!! We do not want to be like the LDS!!! THey have not released financial documents since the early 60’s. Here is an interesting LDS blog that is somewhat critical of that non-disclosure (more critical that people don’t care)….read some of the lds comments. Quite creepy. http://mormoninquiry.typepad.com/mormon_inquiry/2004/10/wheres_that_tit.html

Sam,

It looks to me like the cost of the Gala was split between the FM and AM. The split $361K figure appears under “Expenses,” not “Revenues.” The report appears to say that “Development Effort – Lutheran Ministries” expense was split 50/50 between the two stations, and that the $361K included the FM-only Gala expenses.

That’s interesting, since the Gala was definitely an FM-only fundraiser. In fact, no one on the AM-only staff (except perhaps the AM PD) was even invited to the FM Gala.

Yet, even if you are correct, and the revenue from the Gala was split between the two stations, there is a problem: were the donors who attended the FM-only Gala told that half of their gifts were going to go to the religious AM station?

TW

[ editor: corrected name ]

Sam,

Sorry or calling you “Gordon.”

TW

@Todd Wilken #116

Todd,

And you can call me Sam, but Sam might object.

It looks as if the FM side sold in excess of 1.5 million in what looks like ad revenues in 2006 and 2007. Is your argument that there is “cost shifting” from the FM to the AM side to make it appear that the FM is more profitable than it actually is?

Is the “Indirect Costs – G & A” (Indirect Costs, General and Administrative) a reflection of actual dollars spent? In writing grants, this could be a set rate the institution charges for supporting a project (i.e., 47% for medical research, 22% for lab research, 12% for non medical or technical outreach). So $127,722 of this was spent on AM, and $179,128 on FM? Actual dollars spent, correct?

Why is building maintenance of $48,855 paid entirely by the AM side, and $0 for the FM?

Why did the AM purchase $66,338 of airtime, and the FM $0? Was this for advertising the station? AP news feeds?

The FM side spent $54,588 on research, and the AM $346? Research on what?

This could all be perfectly correct and accurate, and I might have no problem with the actual expenses. What would be troubling would be cost shifting without a rational basis (i.e., alternate year depreciation, something like that, but even that could be no problem), and donations given for one side that were used for the other.

It is worth noting that the FM side generates over 1.5 million a year in ad revenue. That figure goes to zero when the format changes to Christian Contemporary, which must (I assume) go about finding ad revenue or listener support for it’s new format.

Sam,

Yes, my argument is that FM costs were shifted to the AM side (which I’ve already demonstrated) to make the FM look mildly profitable. You will note that even with over 1.5M in ad revenue reported, the FM only claims to net $85K. And this, only by shifting about $150K to the AM side. The Financial Oversight Commitee instructed KFUO management to correct the shifting, and the $85K profit turned into a $65K loss.

G & A numbers in the report are a real problem. LCMS Inc. assesses KFUO aproximately $8,000/employee in G & A (BTW, that half what it assesses other agencies of synod). So, with 8 and 1/2 AM employees and 18 and 1/2 FM employees, the G & A of the two stations should be very different. BUT, as you can see, they are only about $50K different. WHY?

Why is Building Maintenance entirely borne by the AM side? I don’t know, the two stations occupy the same building. In fact, in terms of sheer office space, the FM uses more of the building. It’s a very good question.

The Airtime discrepancy is due to the fact that, at the time, Issues, Etc. was still being produced by KFUO AM, and was syndicated on about 100 stations nationwide. The AM airtime costs were due to Issues, Etc.’s costs for airtime for syndication (Christian radio has exorbitant airtime rates).

I can’t explain the research costs. The FM didn’t employ any researchers.

If the FM station had healthy ad revenue, it wouldn’t have been soliciting donations from the Arts community. Anyone who hopes to own and operate Classic 99 as a classical station in the future should be aware of its lack of support from advertisers.

TW

This is all mighty interesting. Maybe knowing this is enough to stop the sale to Joy FM, if the FCC becomes aware of it.

Why is LCMS, and specifically Kermit Brashear as the salesman and spokesperson for KFUO-FM, not coming forth with this information? Why not just ‘fess up? Hiding is never a good sign. (see Genesis 3:10).

Kermit Brashear, who may just be a patsy for LCMS but I don’t know, was a poor choice as KFUO Tzar. Had had been up front and transparent in his ‘dealings’, I think there would have been far less anger from the arts community and frankly, from many Christians including myself. So far he’s made a questionable deal with a ‘fragile’ organization, has responded defensively or not at all to questions and criticisms, and has been secretive about the financials. Not good or Godly.

It seems as though no one is willing to challenge Brashear. By challenging him I mean asking him for written financial information, exhorting him to transparency, praying with him for opennenss and patience in answering questions from all. Where are pastors and leaders? Are they all afraid to take a stand for fear of losing their jobs?

The silence is deafening.

Pastor: I’d like to send you a quick private email about this. May I?

LCCM: You can click here to email Pastor Rossow (or from many other locations on this site), if that is the pastor you wanted to contact.

Thanks, Norm. I’ll do so.

PR:

My post asking for accountability from pastors/leaders is more a plea for everyone to keep on trying and not give up. I am beginning to understand the battles you and others are facing. You will be in my prayers.

If there are others willing to take a stand, do so please! I think (maybe naively) that voices from within LCMS would stand a greater chance to be heard. However, as I write that last statement, it seems as though reality is otherwise. I’ll keep praying, listening, reading the Word and acting. LCCM

LCCM writes:

1) I know KFUO-FM is soliciting donations, which I find unbelievably…well, unbelievable.

It sort of reminds me of this picture…

EJG

Gordon –

Not only do I not object at you’re being called “Sam”, I’d be flattered if someone here called me “Gordon”, bright and focused young man which you undoubtedly are with, as it appears, your heart in the right place, guiding your excellent instincts in the right direction.

Seems to me at the rate we’re going, there might not be a whole lot left to sell to JOY-FM by the time the contributors on this blog are finished, what with all this lyin’ and shiftin’ of numbers around, wheelin’ and dealin’ with the donors, puttin’ it all in the same pot, funny money accountin’ and raisin’ money under less than straightforward pretenses and continuin’ to raise money even though the station’s under contract to be sold – all the while “gagging” the KFUO employees so they can’t comply with FCC requirements.

Yes, seems to me that at the rate we’re going here, next think you know somebody’s going to even start wondering if the Church’s tax-exempt status is subject to attack as a result of all this funny business – never mind the continued existence of KFUO-FM itself as a classical music broadcasting station which, after all, is what this fight is all about.

And THAT would certainly be a tragedy. For if the station ever got shut down by the FCC based on what’s coming out on this blog and elsewhere there wouldn’t be anything to left to fight over, with everybody being a big loser – the classical music loving public (without a classical music station that has served them well for more than half a century), JOY-FM (stuck with their crummy “rimshot” stations with no one else around dumb enough to finance a sale of a major station to them since they obviously don’t have enough money to buy one outright) and the LCMS (stuck with the shutdown of KFUO with no sales proceeds and no donations coming in from anybody and facing multiple lawsuits – a class action by misled donors, a suit for damages by JOY-FM, a derivative action or two against the LCMS Board and ever mounting legal fees, including from Kermit’s law firm….).

What a nightmare. Maybe we should all stop. Or is the cat, now out of the bag, too far down the road and around the hedge….

Seems like it was a long time ago when radio licensees, like the LCMS, were viewed as broadcast trustees charged with operating the public’s frequencies in the “public interest, convenience and necessity”.

The other evening a relative of ours told us they were listening to JOY while headed out west county and further and heard it announced they were asking for PLEDGES. THEY THOUGHT THEY WERE NOT GOING TO ASK FOR MONEY. They were really taken back! By the way they are not Lutheran and do like the KFUO classical music. They had heard the asking for three days! Just thot I would add to the comments.

sam glasser :
Seems to me at the rate we’re going, there might not be a whole lot left to sell to JOY-FM by the time the contributors on this blog are finished, what with all this lyin’ and shiftin’ of numbers around, wheelin’ and dealin’ with the donors, puttin’ it all in the same pot, funny money accountin’ and raisin’ money under less than straightforward pretenses and continuin’ to raise money even though the station’s under contract to be sold – all the while “gagging” the KFUO employees so they can’t comply with FCC requirements.

Welcome to LCMS SOP.

If the IRS ever figures out that rostered teachers, etc., of the synod CANNOT do everything that ordained pastors can do, the LCMS could lose its tax exempt status, too…but loyal synodicalists always try to tell us why the IRS’s regulations don’t mean what the IRS says they do, based on one set of IRS folks who bought the lie the synod fed them fifty years ago.

If you get a chance, read the stuff on BJS about money given for hurricane and tsunami relief being used to keep the corporation from going belly up, so that the Human Care board actually had to go before the Board of Directors to beg to receive at least the interest from the money that was given specifically for their use…and had their plea denied.

If Sarah Bryan Miller would like to do some reporting on things other than KFUO, she could find plenty in the LCMS to write about…and would find that it is guys like Todd Wilken and those who run the BJS site that are leading the way in fighting the doctrinal and administrative corruption that is so rife at LCMS, Inc.

Seems like it was a long time ago when radio licensees, like the LCMS, were viewed as broadcast trustees charged with operating the public’s frequencies in the “public interest, convenience and necessity”.

Seems like it was a long time ago when a synodical administration was viewed as trustees charged with using the offerings and authority given to it in the “interest, convenience and necessity” of the members of the synod as they sought to proclaim the Gospel of Christ.

EJG (less negative about Missouri now that I am not a member of it)

@Sarah Bryan Miller #72

Hello, Sarah (Bryan),

I hope you are still lurking and checking out this thread, because I wanted to thank you for your work on the sale of KFUO FM. I (probably like Marty and Todd) would differ on certain aspects of what you have reported, and the characterization would be different, but you have provided some good information, and it has helped me. As Eric suggests, there is a “template” that many in the media have. But it may be more a factor of the extremely complex “inside baseball” nature and discussion of the LCMS, and I don’t expect you (or most people not in the church) to follow it.

You may want to check out another complicating factor in the application. Some years ago, the LCMS found itself on the receiving end of an equal employment opportunity (EEO) complaint on the part of the FCC. It went to the US Court of Appeals D.C. Circuit:

Here’s the text of the ruling:

http://www.fcc.gov/ogc/documents/opinions/1998/lutheran.html

The LCMS won, but read the opinion, if you have the time or interest:

“Opinion for the Court filed by Circuit Judge Silberman.

Silberman, Circuit Judge: Lutheran Church-Missouri Synod appeals the Federal Communication Commission’s finding that it transgressed equal employment opportunity regulations through the use of religious hiring preferences and inadequate minority recruiting. The Church argues that the Commission has violated both its religious freedoms and the equal protection component of the Fifth Amendment and that the Commission unreasonably imposed a $25,000 lack of candor forfeiture. We reverse and remand in part.”

“in part” may be signifigant.

“Both stations are housed on the campus of the Church’s Concordia Seminary and, as appellant puts it, “have been dedicated to the task of carrying out in their way the Great Commission which Christ gave to His Church, to preach the Gospel to every creature and to nurture and serve the people in a variety of ways.” Because of the stations’ religious mission, the Church believes that many, if not most, of the positions at the station require a knowledge of Lutheran doctrine.”

So please take a look. It’s apparent from the filing that the LCMS consider both the AM and the FM part of the Great Commission which Christ gave to His Church.

The NAACP was unhappy, but like many of Silberman’s rulings, this one was excellent. As a side light and tangent, the first Bush was going to nominate Silberman for the Supreme Court, but instead chose Kennedy. It would have turned out very differently (and much better) if he had gone with his earlier nominee.

@Rev. Eric J. Stefanski #129

Eric,

Maybe this should be in another thread, but you jogged my memory. I was in the last class in seminary (1986; yes, I’m old) before the LCMS changed it’s position on taxation and Social Security. Up until 1985 or 1986, the LCMS was neutral on opting in or out of Social Security. Then, they reversed themselves, based on the same reasoning applied to other aspects of the tax code (to which you refer), and we were told that “we were on our own” if we opted out of Social Security.

Crazy, isn’t it? Nothing changed about the LCMS, the doctrine or the pastoral office, but suddenly the tax and social security consequences had.

Here are the FCC documents related to the filing (thanks to Sarah and Saint Louis Jazz Jazz notes; mostly Sarah):

The filing itself:

https://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn=101337198&formid=314&fac_num=65924

The Asset Purchase Agreement:

https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101337198&qnum=5030&copynum=1&exhcnum=1

and the Escrow Agreement:

https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101337198&qnum=5030&copynum=1&exhcnum=2

I may have to retract what I said at the end of comment #96:

http://steadfastlutherans.org/?p=8185#comment-64774

@sam glasser #127

Hello, Sam,

That’s very kind of you, but I’m actually pretty old. Eisenhower was president when I was born.

No, let’s not stop at this point. If Classic 99’s frequency is sold to JOY FM, it’s gone anyway. Given the position of the LCMS in it’s case against the FCC in 1998, KFUO AM would also, eventually, be on the block. Not because the FM funds the AM ( I think Todd has it righ), but because KFUO AM would be just another asset to sell for a cash starved church.

I’m waiting to hear back about the fees that Brashear LLP might collect for the sale. Will post here when I know.

@Gordon Bynum #132

Interesting .. this from the purchase agreement:

4.14. Finders and Brokers.
No person has as a result of any agreement entered into by Seller any valid claim against any of the parties hereto for a brokerage commission, finder’s fee or other like payment.

FYI, Sarah Bryan Miller goes by Bryan, not Sarah…..

Gordon -

I’m not surprised that the LCMS has traditionally regarded both the FM and AM parts of its Great Commission and why not? As Martin Luther himself wrote, “Only music (FM) and theology (AM) can calm the troubled soul”, or words to that effect.

Todd -

Thank you for your sharing the financial accounting information regarding FM/AM allocations – and your analysis of same. While more than a little befuddling on a line by line basis (the treatment of the “gala” income/expenses, for example), it certainly shows that the FM – and not the AM – was the driver. But as someone else here pointed out, without any advertising revenue, JOY-FM will need a huge increase in donations to even have a prayer of making it….

@Todd Wilken #6

Todd,

After looking at the filings with the FCC in comment #132 above:

http://steadfastlutherans.org/?p=8185#comment-64974

Do you still think Sam’s theory is bogus? Brashear LLP appears on all the documents. This does not establish that Brashear will or will not benefit in some way from the transaction, but without some statement saying he, or his firm, will not, Sam’s theory is plausible.

The same goes for Sarah’s reporting on this particular point. Without someone officially at the LCMS stating with certitude that Brashear or Brashear LLP will get no fees or compensation for this sale, her conclusion is plausible.

I think this would be a crazy and stupid thing to do, and God help me if I did this on any board on which I was a member, so I’m guessing he will not. But it is the “lack of candor” (as the FCC put it when fining KFUO in 1998) that does not help the matter.

Again, Tom Kuchta’s long stated position that the FM should be sold is not the issue.

@Norm Fisher #134

Norm, you rock, and I like the cowboy hat!

That would apply to the seller, not to the buyer, and it does not prevent paying the hourly fees of a law firm or negotiator, if indeed Brashear LLP is paid their hourly rate. As you pointed out above, they may have agreed to waive the first $100,000 of their hourly rate, but we don’t know what their hourly rate is, and how many hours they have put in.

So the same problem presents itself: will (or has) a member of the Board of Directors benefit in any way from the sale of an asset in which he had a vote? If Brashear LLP donates all their time and expenses involved in the negotiation and sale, that’s fine. They can track it, bill it, donate it, and then take that amount as a charitable deduction to a 501c3 organization with the IRS and Nebraska. Then I don’t have a problem with Kermit Brashear voting or negotiating the sale.

But if not, if their fees go well over $100,000, and they get paid for any of that, then, yes, I think that’s a big problem.

@Todd Wilken #118

Todd,

I think Sam and I (also Sam, and sometimes Gordon) are also asking about the revenue. You earlier mentioned the “one big pot” approach. Are you also suggesting that, in addition to costs for the FM being shifted to the AM, some revenue was shifted from the AM to the FM?

The mystery annotator on the budget sheet you gave us has the words “total revenue – AM” pointing the to the circled amount $494,859. But below that the “Total support, revenue and Gains” for AM is $931,233.

So you seem to say that both stations were losing money, correct? Even if you correct for the cost shifting, neither one was operating in surplus. Is that right?

What do you make of David Strand’s statement here:

http://www.lcms.org/pages/internal.asp?NavID=13252

Did “Issues, Etc.” really lost 250K the first year, or is this just more cost shifting, this time within the AM side to the one program they wanted to cancel?

Given the willingness of the board to sell one side, I don’t know what would stop them from selling the other at some future date.

@sam glasser #136

Hello, Sam,

No, I’m not surprised, but you will get an argument from Todd and Marty, which they have elsewhere on this site. J.S. Bach is called “The Fifth Evangelist” for a reason, and Bach’s Bible (known as the “Calov Bible”) resides in the library at Concordia Seminary, Saint Louis. Bach’s Passions, Oratorios and Cantatas may have converted more Japanese to Christianity than the Jesuits, because the Japanese loved them and performed them so often. No way to prove that definitively either way, I suppose, but plausible.

What may be of interest to the FCC is that a church which claimed it’s FM station was integral to it’s purpose in 1998 now wants to sell it in 1999, especially when that church used that argument (partially) to litigate against the FCC (and win) in federal court.

Gordon,

When David Strand fired us and cancelled Issues, Etc., he refuse to give any reason for either action. Only after ten days of complaints from our listeners, did he issue that statement.

We have demonstrated that in that statement he ignored significant Issues, Etc. revenue (underwriters, church-sponsors, Reformation Club donations).

I’m not saying that Issues, Etc. turned a profit then, but Strand’s statement is carefully crafted to portray Issues, Etc. in the worst possible light financially and in terms of listenership.

All I know now is that Issues, Etc. has raised far more money than KFUO AM (not counting AM bequests) in 2008. Also, our listenership on-demand (and probably live too, given KFUO’s poor web traffic) dwarfs theirs. When we publish our revenue and expenses for 2008, anyone will be able to compare and judge for themselves whether or not Strand’s decision to fire us and cancel the show was financially necessary.

You wrote: “Given the willingness of the board to sell one side, I don’t know what would stop them from selling the other at some future date.”

TW

Gordon,

You asked, “Are you also suggesting that, in addition to costs for the FM being shifted to the AM, some revenue was shifted from the AM to the FM?”

I don’t know.

I do know that there was, and is absolutely no way to know how a check made out to “KFUO” is allocated between the two stations. This is why I have argued for years that the call-letters of the FM station should be changed.

I know that for years a portion (1/4, if I remember) of AM-only bequests went to the FM station.

I know that several years ago, Issues, Etc. raised $75K with a match from the Schwan Foundation. When I later asked why the $75K match didn’t appear in our revenue, I was told by the AM PD that the money may have gone to pay an FM salary.

Neither station made money recently as far as I can tell. I don’t know if the AM station has ever made money. The LCMS has been willing to absorb the cost of KFUO AM since it is an active Gospel outreach. The FM is not.

TW

@Todd Wilken #141

Todd,

I’m glad to hear that Issues, Etc. has been doing so well, especially in the fund raising area. I’m not suggesting that you publish any more of your books than you are required for whatever status you have (501c3 or similar), but when will you publish your 2008 figures? I don’t know how you are set up, but it would be very, very valuable to those of us interested in the matter, and to your donors as well (some of us fall into both camps).

If, by their own claim, the board of the LCMS just sold the one part of KFUO that made money (the FM, by their own figures), how can they afford to keep the one part that (by their own claim) loses money, the AM? If you are correct, both sides are losing money. That’s the salient point, and the national LCMS has a cash flow problem which they have not corrected. Why would it make a difference how old the AM station is, or who started it, or how small the market would be or the value of the asset?

That’s why the figures from Issue, Etc. for 2008 would be so great to have, the sooner the better. It would be a powerful argument for what could be done, to a greater and lesser degree, at both AM and FM.

@Todd Wilken #142

Todd,

That’s actually simple, and I’m surprised KFUO did not do this: you ask the donor. If they express no preference, or you do not hear back from them, then you can allocate between them. You post and publish the many, many different areas in which you could use designated gifts. You can let people know you prefer giving to the general fund, but you ask.

In fact, you pre-print a bunch of postcards with the message “Thank you for your support! If you intended your gift to go to our general fund, we are truly grateful. If you had something specific in mind, a certain cause, or if you would like your gift to be for a designated purpose, then please contact us at…”

You get way more involvement that way, you get involved and happy donors, and you get more donations. It demonstrates the cause they support has integrity, and it informs them of all the things you are doing. Donors love that.

And, instead of wasting wast amounts of postage and trees to carpet bomb their mailboxes with generic appeals, you get specific, exact information of what interests them. You also avoid paying direct marketers lots of money for a marginal result.

And, sometimes, you send cheques back (I prefer to had deliver those). After you talk to them, and you realize you are not what they thought you were, and you do the right thing. Sometimes you send back big cheques, and you suggest other causes that might be a better fit for them.

I’m guessing Issues, Etc. already does something like this. It would be particularly crucial for KFUO, because of the different natures of the two bands.

“Neither station made money recently as far as I can tell. I don’t know if the AM station has ever made money. The LCMS has been willing to absorb the cost of KFUO AM since it is an active Gospel outreach. The FM is not.”

Sure. Just like they are willing to absorb the costs all these years for those missionaries in the field. Oh, wait… they didn’t, and they’re not. We’re down to a pathetically small number of overseas missionaries compared to just about any other point in our history, at least, if I can believe what I read hear on this website regarding the number of missionaries we now support. Apparently, being Ablaze (as they style themselves) is about setting piles of money ablaze, and burning through lots of cash, with little or nothing to show for it.

It may be that the relationship between the two stations is “Solomonic”. I do not want to be in the position of saying “Let it be neither mine nor thine; but divide it.” (as in I Kings 3:26).

Gordon:
Do you know if the YMCA handles their donations the way you describe in your #144 post, by asking the donor where they’d like their money to go? It seems like a similar situation, where those not necessarily Christian are donating to an organization they know is Christian-run…well at least some Ys still are.

@LCMS Christian, Classical Musician #145

Hello, LCCM (if I may use your acronym),

Yep, you are exactly right, and I can’t take credit for thinking of this approach. I learned it from other organisations and non-profits, and from working at large Universities. But it seems like common sense, and just honest.

Let me join Pastor Rossow in encouraging you, and I have taken your advice and gotten in touch with individuals I know in the synod on the issue of KFUO. I’m going to comment, and probably petition, the FCC on Nov. 30 (the deadline date) against approving the sale (”Assignment”, in FCC lingo), and I’m waiting to hear back from them just to make sure I get my facts straight. Let’s not assume the worst, and we should do what we can to “put the best construction” on the actions of others (as the Cathechism puts it). But yes, we need to ask questions, get facts, and insist on a basic level of civility and integrity. And, when we fail to meet that standard (and we all, at some time, do fail), we do what we can to make it right.

And God Bless your Thanksgiving, and Advent!

@Norm Fisher #134

Hello Again, Norm,

I’ve asked around and done some digging, and I wonder if you found the same thing. This is from the LCMS Board of Directors minutes from the meeting on 2009 August 21-22:

(on the web at:
http://www.lcms.org/graphics/assets/media/Board_Of_Directors/0808%2021-22%20BOD%20Minutes.pdf)

”
132. KFUO-FM

When the Issues, Etc. Committee Report had been discussed earlier in
the meeting, Chairman Muchow noted that the board remained in
executive session to receive the report of the KFUO Committee. A
motion was introduced and carried “to move into executive session to
discuss the report further.”

132X. Executive Session V

A member of the KFUO Committee offered the following resolution for
consideration. The resolution was adopted by ballot vote (Yes: 10; No:
1) to read as follows:

Resolved, That special counsel in conjunction with the Chief Financial
Officer of the Synod proceed with the multiple negotiations reported
to the board in executive session; and be it further

Resolved, That the KFUO Committee of the Board of Directors be hereby
instructed to continue to investigate the uninterrupted broadcast of
the 99.1 classical format in the St. Louis market; and be if finally

Resolved, That the KFUO Committee of the board be hereby authorized by
the board and empowered to determine in its absolute and sole
discretion if and when the corporation shall enter into an Asset
Purchase Agreement for the sale of KFUO FM and upon what terms and
conditions approximating those reported to the board, and to cause
same to be done without further action by the board.

Kermit Brashear asked that minutes reflect his abstention. A request
by Raymond Hartwig for the privilege of recording his negative vote
was discussed, seconded, and carried.
”

So in the full session of the board, Mr. Brashear records his abstention from voting. But we do not know if he is on the KFUO Committee, or how, or if, he votes on the Committee, which is given ‘absolute and sole discretion’ on the sale of KFUO FM. We don’t know because the board goes into executive session when discussing KFUO FM, and that includes the KFUO Committee’s reports.

We also have this from the minutes of the May 14 – 15 meeting, from the Chief Operations Officer,
Ron Schulz’s, report to the board:

”
He called particular attention to his report regarding legal expenses,
noting that the report does not include legal expenses associated with
KFUO FM activity.
”

So legal expenses associated with KFUO FM are incurred. To whom are they paid or owed? Why does his report not include these expenses, and to whom they are paid?

If Mr. Brashear abstains in the full board, but then votes on the Committee to which the board grants absolute discretion, is that right? Why do we not have a record of what the KFUO related legal expenses are, and to whom they are, or will be, paid?

And why do we not know these things far in advance of the board’s decision to sell KFUO FM?

Why, with a sale of this large an asset, which affects so many people, would the board not share more information?

Todd, Marty, do you still agree with this statement:

“In my opinion, the synodical board of directors made an above-board and smart business decision. That is what we LCMS folks elect the Board of Directors to do, and that is what they did.”

That’s from http://steadfastlutherans.org/?p=7679#comment-59686.

This is above board? Please tell me how.

How would you describe this section of the FAQ on the sale of KFUO FM:

“Is this sale a sign the LCMS is struggling financially because of the country’s economic decline?

No. This sale is intended to enable the LCMS to pursue new and exciting opportunities in the area of digital communications that can be used to accomplish our mission: In grateful response to God’s grace and empowered by the Holy Spirit through Word and Sacraments, the mission of The Lutheran Church—Missouri Synod is vigorously to make known the love of Christ by word and deed within our churches, communities and the world. Discussions about the possible sale of the station began before the economic downturn occurred.”

(On the web at:
http://www.lcms.org/graphics/assets/media/Board_Of_Directors/KFUO-FM%20FAQ.pdf)

Don’t you think that is misleading at best, and mendacious at worst? It misleads the reader by not directly admitting the the LCMS has struggled financially for years, by introducing the irrelevant phrase “the country’s economic decline”. The national LCMS was struggling financially during the boom years of 2005-2007.

But this section from the FAQ takes the cake:

“There have been allegations of secrecy regarding the decision to sell KFUO-FM. Was information about the decision to sell the station made public?

The Synod’s board has been open about its intentions regarding the FM station. Since as early as February 2008, this item has been on the board meeting agenda. Minutes from board meetings are posted on the LCMS Web site. The LCMS newspaper Reporter – which is provided free of charge to every pastor and teacher of the church and to certain congregational lay leaders – carries news of board meetings and ―Board Briefs,‖ a regular insert that summarizes board activity. Also, at various stages, information regarding the sale of KFUO-FM was shared with several groups of church leaders, including the presidents of the Synod’s 35 districts and the Board of Regents of Concordia Seminary, St. Louis.”

I think that’s outrageous, because, when you read that the “Minutes from board meetings … posted on the LCMS web site” you discover that whenever KFUO FM comes up, the board goes into executive session. And, then you discover that the full board delegated absolute discretion to a committee… which only reports in executive session. Then you read that the legal fees associated with KFUO FM are not included in the report to the Board of Directors.

You guys are OK with that? I’m not. I think the hero here is Ray Hartwig, the Secretary of Synod. He knows this is wrong, so he insists that his vote against this procedure is recorded.

Gordon -

Well said as well as well written. Would you know whether use of “executive session” is common or rare? And would you know who is on the “KFUO Committee”?

From Bryan’s blog today: A Citizen’s Petition

http://www.stltoday.com/blogzone/culture-club/culture-club/2009/11/kfuolcms-a-citizens-petition-is-filed-with-the-fcc

Gordon and Sam,

Gordon, you asked, “Todd, Marty, do you still agree with this statement: ‘In my opinion, the synodical board of directors made an above-board and smart business decision….’”

I can’t speak for Dr. Noland, but I have said that I don’t know if the sale is a smart business decision, and that the LCMS BOD has been needlessly secretive. They have given the impression that they have something to hide, even if they don’t.

As for the BOD’s use (or abuse) of executive session, it’s not only common, some of their meetings have been marathon executive sessions punctuated by lunch and bathroom breaks. Recently, the BOD even received a ruling from the synodical parliamentarian that permits the board to pass resolutions in executive session. And, the board marvels at the lack of trust in their decisions. Go figure.

TW

Sam @148 – Executive Sessions for the LCMS BOD are as common as the Pope being Roman Catholic…

Todd and Glen -

Thank you both for answering my question. Thank goodness Kermit’s gag order doesn’t apply to you both, Gordon, Norm, Rev. Stefanski, LCCM and Dr. Noland and the other Lutherans who keep digging away on this blog in various directions but to the same end – the truth.

So, the first of the Petitions to Deny (the proposed “sale”) has been filed. I predict at least another two to three will be filed by this coming Monday’s deadline.

And although the FCC hasn’t removed a single radio/TV license in decades for failure to operate in the “public interest” (that standard having effectively been abandoned – or at least vitiated – by the FCC in the 1970’s) and although the chances it would deny the LCMS’ application (”Application”) to assign its rights to KFUO-FM to JOY-FM because of a change of format from classical music to drivel based on the long-standing statutory “public interest, convenience and necessity” requirement are slim to none, the Application is chock-full of defects which, if uncorrected (which the LCMS as assignor and JOY-FM as assignee have the right to do), could theoretically result in its denial.

The only defect – which would seem can’t be corrected – is JOY-FM’s certification on the Application (dated October 2009) that “(It) has sufficient net liquid assets on hand or from committed sources to consummate the transaction and operate the station for three months”.

Well, either it did or it didn’t AS OF OCTOBER 2009 (the date of the Application) have the money on hand and/or a commitment to get the money. According to JOY’s 2008 IRS Form 990 filing, it had roughly $200,000 on hand on May 31, 2009 – only four months earlier. Everybody knows that it didn’t, else why today’s frantic fund-raising effort by JOY-FM: “We need $2 million by March 2010″. Go to JOYONLINE.org and read all about the fund-raiser going on right now. So, JOY-FM lied on the Application. But maybe the FCC doesn’t care about lies to the Federal Government by wannabe license assignees anymore than it does about applying the “public interest” standard. It remains to be seen.

Again, the question is not whether or not JOY can raise the $2 million it needs to “close” and run the station for 3 months; the question is whether it had the financial capability to do this in October 2009 when it certified to the FCC that it did. I, for one, am dying to see the financial “commitment” JOY comes up with in support of its certification of financial ability as of October 2009 in the Application. No way JOY can prove it had “sufficient net liquid assets on hand” in October 2009, period.

@Todd Wilken #150

Todd, Marty (when you catch up with this thread),

I’m sorry, I was too oblique when I asked the question. Let me be more specific: “above-board”: Do you both think it is “above-board”? If so, what possible series of actions, given the standard applied to call their actions “above-board”, would qualify as not “above-board”? If their actions are not “above-board”, why would we not expect them to follow a much higher standard, and, in fact, a higher standard than the world might use?

Todd, you say “the LCMS BOD has been needlessly secretive. They have given the impression that they have something to hide, even if they don’t.”

Correct. They can clear this up. They could have cleared this up months ago. They could have been open, honest and transparent from the beginning.

They have not. Instead they hid all this by delegating absolute discretion to a committee, and abusing executive session to hide the proceedings.

Had they done this the right way, they would have nothing to hide.

@Sam Glasser #148

Hello, Sam!

You have most of your answer from Glen and Todd. Executive session has become depressingly common for the LCMS boards, and the boards of their schools, institutions, and districts (dioceses). Years ago, it was very, very limited. It often involved church discipline and legal action in particularly heinous cases (i.e., child molestation lawsuits, defrocking a pastor for egregious moral turpitude, or similar). It began to be used (in my recollection) more often to discuss personel and labor issues (for colleges, seminaries). And now, well, it covers an enormous “multitude of sins”.

But it can be justified, so I’m not arguing it should never be used. The concern here is that it might be used to circumvent the church’s own constitution and by-laws, and to give the appearance of no conflict of interest in order to hide its substance.

So two questions arise just from a superficial reading of the minutes: Can a board of directors delegate it’s responsibility for an asset worth millions of dollars to a sub committee with sole discretion? I don’t think they can. Can a member of the board abstain in the full board meeting (giving the appearance of having no conflict), but then vote on the sub committee which has been delegated sole discretion? I don’t think so, but the facts on this have been hidden by executive session. And, can a member on such a committee vote on a matter before it, and act as it’s counsel, receiving fees for his, or her, work on the matter decided by the committee? Again, I still can’t find out if this is the case, but if that is the case, it should be a howling “NO” for everyone.

I can’t find a list of who is on the KFUO Committee. Mr. Brashear is listed as their “counsel” elsewhere on the lcms web site.

@sam glasser #152

Hello, Sam, LCMS Christian Classical Musician!

I have seen the first part of the one petition, and I’m going to look at the others (when filed). I’m willing to help out, so if either of you, or someone else on this list, needs to contact me, you can us the LCMS web site directory:

http://www.lcms.org/ca/www/locators/nworkers/worker.asp

And put my last name in the search field. I will update that information with my office address (right now it has my home), but the email link given there will work. If you send me an email, I can get you my office and mobile phone, fax, etc.

If the FCC has a hearing on this, I would be willing to make the trip to Washington, and attend, or give testimony or comment. I love the Hay Adams Hotel, and I can usually get in, so I would enjoy it.

Actually, in the event of a hearing, I would love to see lots of people on this thread attend, for and against the sale.

Sam, you sound like you can afford the Hay Adams. Shall you and I meet LCMS Classical Christian Musician at the bar there? I’ll buy the first round. It’s a wonderful place, called “Off the Record”.

Well, that’s all wishful thinking, I suppose. I don’t even know if the FCC has hearings on petitions at their regular meetings (they get thousands of filings; how could they?).

@sam glasser #152

And, Sam, if I might add something about the “gag orders”: you may see, on this web site, many of us pastors (and many laity) in the LCMS hold each other accountable, and sometimes we get quite critical of one another. But the very existence of this website, among many others, is testimony to just how “ungaggable” pastors and the laity in the LCMS are. We’re just incorrigible, and we keep talking when we should have shut up long ago (at least, that’s why my immediate family tells me, repeatedly). People like Pastor Rossow, and Mollie, Kermit, Todd, Norm, et. al., just refuse to be gagged, and that’s great.

Will we suffer some kind of consequence for this? Maybe, maybe not, I don’t know. I’ll let you know here on this thread if I do. But if you believe and love what the church has historically preached and taught, you don’t care so much. You like having discussions like these, and especially so with people outside of your church, and even more so with people from all kinds of walks in life, Christian and non-Christian. I do that every day.

So I have to say that the vast majority of the pastors and laity in my church, and the ones in my seminary class, and from college, are a joy to know.

And the other 10% run our synod.

Well, not really (oh, before I forget, let me say that I personally have the most wonderful District President and Bishop, especially if he happens to read this!). That’s obviously an exaggeration, by at least, oh, 20 or 30 percent (math was not a pre-requisite for seminary).

But you get the picture. Those of us who want to have a discussion, based on clarity, precision, and honesty, have nothing to hide, and want our church to operate that way.

So let me know how the petitions go. Do you know how I would file one, or where to find the others? How late do we have on November 30?

@Todd Wilken #141

Todd,

Just checking in on those 2008 figures for “Issues, Etc.” If you can’t post them here, that’s fine, just let me know. If you can, I (and I guest that others) would love to see them.

Gordon -

Well, if the FCC doesn’t conduct hearings on petitions, I suppose we could demonstrate at the bar, “Off the Record”, of course. And by all means invite LCMS Classical Christian Musician. For what is a good demonstration without music? And invite anybody else who cares about this issue, especially those in favor of the “sale” to JOY, because I have a funny feeling we can change their minds over a few drinks and toast to what would then be a common cause by “last call”.

In your opinion, assuming the “sale” to JOY is not closed by this coming summer (which would appear likely given the Petitions to Deny and response time afforded to the applicants – LCMS and JOY – and then to those petitioning to deny), would the issue be on the agenda at the Church’s annual convention/meeting this coming July in Houston?

Also, is there any way in which you can learn if Kermit has been paid any legal fees for this matter to date and whether and to what extent the LCMS has agreed to pay him legal fees for this matter?

For my part, I continue to troll the waters for a steadfast Lutheran pastor willing to sue the LCMS Board on behalf of the LCMS itself (Dr. Noland’s admonitions to the contrary notwithstanding) for I continue to believe that only in this fashion can the “sale” be stopped for certain. Can you imagine what would come out during discovery?

@sam glasser #152

Sam,

Do you mean:

http://www.joyfmonline.org/

?

This is from their FAQ at:

http://www.joyfmonline.org/god-of-this-city/faq.asp

“Q: What will happen to 97.7 and 94.1?

A: Those two stations will be listed with a broker and we hope to find someone who will buy both signals together. We will broadcast JoyFM on them until they are sold.

…

Q: How will JoyFM pay for this purchase?

A: (The long answer) The Lutheran Church Missouri Synod (LCMS) currently owns 99.1fm and has agreed to finance a sale to JOY FM. The terms reflect the belief that this is a win/win scenario for the LCMS, JOY FM, the St. Louis community and ultimately, the Kingdom of God! The total purchase price is $18million. However, our immediate cash need is $2million (by March 1, 2010). The sale of our existing stations will aid us in future payments. And, of course, as our listening audience grows, we will have a growing support base to meet future funding needs.

(the short answer) While this is a lot of money, we know that God orchestrated this opportunity and that He will provide through His people. We will pray. We will give. And we will praise God that He has been faithful, yet again.

…

Q: Why 99.1fm?

A: It was for sale. It is a full power radio signal. It is the door that God opened.

Since we came on the air in 2001, our goal has been to reach the ENTIRE community for Christ. We purchased two radio signals that were available at the time and upgraded them to their fullest potential (within FCC guidelines). Most other full power radio signals in St. Louis are owned by large radio companies that are not interested in selling their signals.

Q: What about the Classical Music format? Will it still be heard in St. Louis?

Our understanding is that efforts are being made to provide a radio outlet for Classical Music. We (along with the LCMS) have a desire to see this format continue in our community. We are hopeful that we can help in some way (utilizing 97.7, 94.1 or an HD signal, etc). Beyond that we are praying for this effort as well.”

You know what I like about the JOY FM people? Whoever writes their FAQ’s is not a graduate of the Joseph Goebbels’ School of Public Relations (see http://steadfastlutherans.org/?p=8185#comment-65196 above). They tell the truth.

So, Sam, you are correct. Several things do not add up. In addition to their cash on hand problem, how can they sell their two current frequencies and also utilize them to broadcast classical? And of course, God answers prayers, no question. But how did they confuse God with the KFUO Committee from the LCMS Board of Directors? If the LCMS Board of Directors cannot identify the members of the KFUO Committee, and since this committee cannot be identified, and reports only in closed, secret and executive session, how did they make themselves known to JOY FM? What was the manner of their epiphany? And when will they make themselves (and their proceedings, minutes and votes) known to the actual members of the LCMS?

Who knows, maybe they can raise that much, but as Norm already pointed out, what possible benefit is it to the LCMS to finance JOY FM’s purchase?

Sam, where is their fund raising appeal for JOY FM? The web site (URL) address?

Gordon -

My advice is don’t waste your time writing and then filing a Petition to Deny. That base is covered. Besides, as I understand current operating procedure at the FCC, all the things you would want to say would have absolutely no effect whatsoever on the FCC commissioners.

Having said that, I recall that the “Asset Purchase Agreement” which is an Exhibit to the Application (although, curiously enough, none of the exhibits to the Asset Purchase Agreement were provided for review by either the LCMS or JOY) provides at Article 4.2 that the Seller (the LCMS) represents that it has “full power and authority to enter into and perform this Agreement” and that “the consummation of the transactions contemplated” thereby “have been duly and validly authorized by all necessary action on the part of the Seller”.

As I re-read your post #154, it appears from your penultimate paragraph that this representation may in fact not be the case. I should think the FCC Commissioners might find that of interest.

First volley fired …

The first Petition To Deny the sale of KFUO-FM to Gateway Creative Broadcasting was made public this morning, with simultaneous postings both at STLToday.com and the STLMedia Message Board.

Here’s a copy in PDF that might be a little easier to read. The Petition is said to have been delivered to the Commission by email.

The only disappointments are that, first, it’s unsigned by the filers, who resort to using only a group name (signed documents always carry more weight) and, second, the transgressions by Attorney Brashear, in his direction to KFUO employees to not provide information to contact the FCC and to allegedly deny access to the station’s public files are not included.

Radio stations are required by law to provide both when asked. To not comply with those requests is to risk FCC reprisal, including fines and other punishment.

There are at least two more coming and they will be published here as soon as they hit the appropriate FCC desks…yes, I respect embargoes.

In the meantime, KFUO listeners and supporters who would rather not see the station fall into the less-than-capable hands of the prospective new owners may file comments with the FCC. Here’s the response one person received when s/he filed:

From: FCCInfo@fcc.gov
Date: Fri, Nov 27, 2009 at 11:34 AM
Subject: CIMS0000xxxxxx – FCC Consumer Center response from representative TSRxxx
To: xxxxxx (at) gmail.com

You are receiving this email in response to your inquiry to the FCC.

Dear Consumer,

During the license renewal process, listeners of the stations whose licenses are up for renewal may participate in the process either by filing a petition to deny or informal objection against a renewal or by filing positive comments about a broadcaster’s service.

You can submit a protest against a station’s license renewal application by filing a formal petition to deny its application, or by sending us an informal objection to the application. Before its license expires, each station licensee must broadcast a series of announcements providing the date its license will expire, the filing date for the renewal application, the date by which formal petitions against it must be filed, and the location of the station’s public inspection file that contains the application. Petitions to deny the application must be filed by the end of the first day of the last full calendar month of the expiring license term. (For example, if the license expires on December 31, we must receive any petition at our Washington, D.C. headquarters by the end of the day on December 1.)

Broadcast licenses generally expire on a staggered basis, by state, with most radio licenses next expiring between October 1, 2011 and August 1, 2014, and most television licenses expiring between October 1, 2012 and August 1, 2015, one year after the radio licenses in the same state.

You can also participate in the application process by filing a petition to deny when someone applies for a new station, and when a station is to be sold (technically called an “assignment” of the license), its licensee is to undergo a major transfer of stock or other ownership, or control (technically called a “transfer of control”), or the station proposes major facility changes. The applicant is required to publish a series of notices in the closest local newspaper, containing information similar to that noted above regarding renewal applications, when it files these types of applications. Upon receipt of the application, the FCC will issue a Public Notice and begin a 30-day period during which petitions to deny these applications may be filed. (All FCC Public Notices are included in the Commission’s Daily Digest and are posted on our website at http://www.fcc.gov/Daily_Releases/Daily_Digest).

As with renewal applications, you can also file an informal objection to these types of applications, or any other applications, at any time before we either grant or deny the application. Again, if you have any specific questions about our processes or the status of a particular application involving a station, you may contact our Broadcast Information Specialist for radio or television, depending on the nature of your inquiry, by calling toll-free, by facsimile, or by sending an e-mail as noted below:

If your question relates to a radio station:
Toll-Free: (866) 267-7202 (Voice) or (877) 479-1433 (TTY)
Fax: (202) 418-1411
E-Mail: radioinfo@fcc.gov

If your question relates to a television station:
Toll-Free: (866) 918-5777 (Voice) or (866) 787-6222 (TTY)
Fax: (202) 418-2827
E-Mail: tvinfo@fcc.gov

Thank you.

Discuss on the STL Media Message Board. (Registration required)
Posted by Mike Anderson … at 9:27 PM

Gordon –

You’ve accessed their website at “JOYFMONLINE.org”, click on the left display and then click on “Support the Signal”.

You’ve already copied the Question and Answer from their website – “Q. How will JoyFM pay for this purchase?” “A. While this is a lot of money…. We will pray. We will give.”

They are mailing solicitations to contribute. Call them, ask for one; I assure you they will mail you one.

@sam glasser #158

Sam,

This is uncanny. You and I both hit the “Submit Comment” button at the same time, and your comment made it on the web site, and mine did not. Mine, however, was particularly “snarky” and unkind, so I see it as divine intervention to prevent me from making an even greater asset of myself than I already am.

I’m working on finding out if payments were (or will be) made to Mr. Brashear or Brashear LLP. I’m waiting for a response, but this is slow going. I’ll post here when I find out.

I’m not a good source for what would, or would not, happen at the next convention in Houston. The agenda is tightly controlled by the same people who gave us the “gag orders” discussed above, so you can guess how that would go. Should, however, the way this is handled be given enough publicity (as you suggest), I think you might see some new board members elected, and who knows, maybe some very different officers of synod. That might be the best hope for the Classic 99 supporters. I would not mind that either, but I don’t know what would replace them.

So my guess is that the best bet for the Classic 99 supporters is with the FCC, or with an injunction and/or suit against the FCC to prevent the assignation of the frequency. You can sue the FCC and win. The LCMS did it in 1998. Maybe the Friends of KFUO FM are due to have their day.

The problem with suing a church (or any religious non-profit, for that matter) is that they enjoy so many immunities and advantages that regular corporations and individuals do not have. Churches will perceive – or will make – suits against them into matters of their own theology, or their own polity, and that makes it very, very difficult for courts to rule against them.

As usual, Marty (Dr. Noland) has summed up the facts of the matter for a pastor (or parish) to sue the LCMS. He doesn’t agree with the current regime (nor do I), which has changed the church’s position on lawsuits to something akin to “we’re Quakers if you want to sue us, but we’re Scientologists if we want to sue you”. I believe it was a really deceitful and terrible tactic that they used to hurt Robert Preus, but you can read about that elsewhere, or Marty can tell you more.

Like I said above, I would neither encourage nor discourage legal action in this situation (whether it be a pastor, parish or listener to KFUO FM), but you know enough about legal action to know that it is very expensive, time consuming, and usually winds up in some kind of settlement that neither side likes. So at this stage, I cannot encourage it against the LCMS, JOY FM, or the FCC for that matter. Let’s assume you are correct, and let the FCC process play out, and the longer, the better. Does this mean that we now have an additional 30 days to comment on the petitions to deny? That would be great.

And yes, certainly, we should protest outside “Off the Record”, regardless of what the FCC does, or how far away from the Hay Adams they are meeting. And we would be sotally tober!

I must sadly confirm, however, that your instinct is correct: with this current group leading the LCMS, no valuable asset is safe.

@sam glasser #160

Sam,

You rock. Well done. I will, hopefully, have more tomorrow. And yes, did the seller (LCMS) have that authority, or did it give that away to another entity (a sub committee)?

Sam,

Yes, he is being paid. I do not now how much, but I am told the savings are signifigant (up to 1m) compared to those of commercial media market brokers. And, as you already know, the purchase price is much higher than the market valuation, so it’s hard to argue with that part of his work.

He did abstain on the full vote of the board to to give sole discretion and authority to enter into a purchase agreement to the KFUO Committee. I still do not know if he votes, and voted that commitee. But, I have to put the best construction on this, and say I doubt it. So I would revert to my comments in #73 above:

http://steadfastlutherans.org/?p=8185#comment-64774

(”revert to my comments” – How Clintonesque!)

I have passed along the substance of your comments in #27 above to a few people I know in the LCMS:

http://steadfastlutherans.org/wp-admin/#comment-64216

If they have not looked at the form 990 filings for JOY FM, they really should.

Sam, you know the Saint Louis market. Why is it so depressed? Radio markets reflect other conditions, housing, real estate, business, development. When I was in seminary, I never went downtown. I went to Clayton (Clayton may have had more banks and fiduciaries than downtown Saint Louis at the time). In fact, I barely went east of Forest Park.

Is the market valuation of KFUO FM based on a signal that is essentially going North, West (mostly West) and South, but not East? If so, why are the current frequencies for JOY FM not worth more?

@LCMS Christian, Classical Musician #149

Hey, LCMS Classical Musician,

Thank you very much. Well done. Have you found any other Petitions to Deny?

And, of course, I owe you a drink at the Hay Adams.

@sam glasser #158

Sam,

I’m not a lawyer, but from what I can gather so far, I’m not seeing an effective cause or standing for a member of the LCMS (a pastor or a parish) to litigate on behalf of the LCMS against the Board of Directors to block the sale. That could change, as (or if) more information comes out. There may be some kind of legal action (maybe an injunction) just based on the way the Board proceeded, but that would be short lived: the Board of Directors could just convene as the full board, and take and record their votes in favor of the Purchase Agreement in open session. My guess is that they have a majority for that, but individual members don’t want to take the heat for it.

But I don’t know much on the topic, that’s my two cents, and it’s not worth even that, and I’m not paying a lawyer to find out.

@Gordon Bynum #96

Here’s a follow up:

Mr. Brashear only did one thing at one time: when he was on the KFUO Committee, he did not act as their agent or representative. When he did act as their agent or representative, he was not on the Committee, and therefore did not vote.

@Gordon Bynum #165
“…why are the current frequencies for JOY FM not worth more?”

Like Bryan, I’ve been “lurking” on this site and have certainly appreciated the intelligent, reasoned discussion on the BJS site on this subject and other topics presented on the site. I saw no reason to add anything because so many of the thoughts expressed here echo my own feelings but I thought I’d attempt to answer this one question since I am not entirely unfamiliar with the radio broadcasting business ( I know enough to be dangerous).

The two frequencies now used by Joy, 97.7 in Potosi, Mo., and 94.1 in Bowling Green, Mo., are also used by several other stations around this area. As such, the Potosi and Bowling Green sites are probably running the maximum power at the maximum antenna height allowable under FCC rules for those frequencies so as to avoid interference with other stations on those same frequencies. So the licenses for 97.7/94.1 are for lower power stations serving primarily rural areas. Neither site can match the coverage that KFUO now has with it’s huge shared tower in the Resurrection Cemetary in south county, nor can they match the 100KW “big stick” signal that emanates from that tower. KFUO 99.1 FM is quite an asset and it’s been a pleasure to have it available all these years. I’ll truly miss it.

Gordon -

You ask why the St. Louis market is so depressed. I assume you are referring to market conditions in general. In my opinion, St. Louis is really not suffering much of a “depression” from where it normally is. Economically, the world at large moves in cycles. Like everywhere else, we are in the “down” part of the cycle.

Fear has replaced greed as the driving motivation. By 2012, we’ll be moving back up again, gradually getting greedier and less fearful and hunting for the next bubble which – 6-8 years later – will then pop sending us down again. In my opinion, the enormity of our national indebtedness – and the alarming growth of the federal government’s intrusion into our lives – is the only difference this time around.

There are many, many St. Louises, of course. St. Louis City is one thing and St. Louis County altogether another thing. I live in the City – a place of dramatic contrasts and a relatively tiny population. Great wealth juxtaposed with extreme poverty. Sporting the 2nd highest crime rate in the country (after Camden, N.J.) and deteriorating neighborhoods and yet home to the St. Louis Symphony Orchestra, Muny, St. Louis Ballet, Art Museum, History Museum, Forest Park, Zoo, Botanical Garden, Cardinals, St. Louis and Washington Universities, KFUO-FM, Barnes Hospital (the largest employer in the State), the largest concentration of historically significant buildings in the Midwest, Arch grounds (highest revenue producing national park in the country on a square footage basis), City Museum and Chess Club and what seems like a new restaurant every week. If only Clayton had never been built and all of its commercial tenants were located downtown in the CBD – then we’d really have the makings of at least a third tier city.

From Sarah Bryan Miller at the Culture Club….

11.25.2009 5:16 pm
KFUO/LCMS: The SLSO sends out another e-blast against the sale
By Sarah Bryan Miller
Post-Dispatch Classical Music

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The period for filing comments with the Federal Communications Commission concerning the plan of the Lutheran Church-Missouri Synod to sell KFUO-99.1 FM (aka “Classic99″) to Gateway Creative Broadcasting (aka “Joy FM”) comes to an end on Monday, November 30 (aka “St. Andrew’s Day”).

The management of the St. Louis Symphony Orchestra believes that the unusually structured and financed deal would bring an end to classical music broadcasting in St. Louis – and that that would materially damage the fine arts in this region.

There are questions about several aspects of the sale, including the propriety of MoSyn board member-paid counsel-spokesman Kermit Brashear attempting to sell the members of the Radio Arts Board Joy FM’s outstate rimshot stations and an HD channel on the present KFUO signal while simultaneously representing the LCMS in the sale of KFUO to Joy FM.

Accordingly, this afternoon the SLSO sent out their second e-blast on the subject, urging the 20,000 or so people on their mailing list to write to the FCC as soon as possible.

Here’s the text:

Saint Louis Symphony Logo
symphonEminder logo Forward to a Friend

The sale of St. Louis’ only classical music station was announced several months ago. KFUO-Classic 99 (99.1FM), which is owned by the Lutheran Church Missouri Synod, was sold to Gateway Creative Broadcasting, which plans to change the station to JOY FM, a contemporary Christian music station. The sale is pending approval from the Federal Communications Commission (FCC). You may read the St. Louis Post-Dispatch’s report on the sale here.

KFUO-Classic 99 has been providing classical music to the St. Louis community for over 60 years. The Saint Louis Symphony Orchestra has a long and valued relationship with KFUO. During the 2009-2010 season, Saturday night orchestral concerts have been broadcast live on Classic 99. The SLSO is one of only a handful of orchestras in the United States to offer live broadcasts.

The SLSO, along with many of its fans and friends in the local artistic community, believes the loss of KFUO-Classic 99 would diminish the cultural diversity of the St. Louis community. The sounds of classical music over the region’s airwaves would be silenced.

The FCC is currently engaged in its official review period. We suggest that you express your opinion on the pending sale of KFUO by the end of the review period, Monday, November 30.

You may contact the FCC via its website or e-mail fccinfo@fcc.gov. You can get answers to questions about the process by calling the FCC’s National Call Center, toll free, at 1-888-Call FCC (1-888-225-5322).

Sam:
Is there a way to find out the latest appraised value of KFUO-FM? I know there were two appraisals at various points.

This would go a long ways to determining if the sale to Joy FM had financial merit or if it was a simple way to rid LCMS of KFUO.

Seems as though SB Miller has spent a lot of time on Brashear and Todd Wilken when she might be looking higher up. Sure wish someone had her ear to encourage her to mend fences with TW, for he is a ‘good guy’!

Having the real appraised value would have started a nice petition to deny. Even though the FCC period closes tonight, it wouldn’t be too late to share that information should it come to light. LCCM

@gordon bynum #167

Gordon, in your quote:

‘….. the Board of Directors could just convene as the full board, and take and record their votes in favor of the Purchase Agreement in open session. My guess is that they have a majority for that, but individual members don’t want to take the heat for it….’

I would be curious to know what the vote count was when the committee gave Brashear free rein to do what he wanted with KFUO….that would be telling. I’m not so sure it was close to unanimous. Do they just need a simple majority?

@Todd Wilken #6

Todd Wilken :
The only problem with Sam’s theory is that it isn’t true.
…

It’s not “not true” — simply “not proven”. A proper form of rebuttal might be that it’s “not plausible.” You’re saying that?

Further, Sam’s hypothetical in no way conflicts with your account about Mr. Kuchta. The decision to sell KFUO FM is completely separable from choice of broker, commission, and customer, and degree of transparency about such.

Are you prepared to say that Sam’s theory is not plausible ?

Gordon and LCCM,

I can tell you from personal experience, the one thing you will never get from this LCMS BOD is a roll call vote. Believe me, I’ve tried. In my recent meetings with a BOD committee, sudden, unexplainable amnesia covered what executive session didn’t.

TW

At least two more petitions……

http://www.stltoday.com/blogzone/culture-club/culture-club/2009/11/kfuolcms-two-major-petitions-to-deny-filed-with-fcc

Here is SB’s post:

The Lutheran Church-Missouri Synod’s proposed sale of KFUO-99.1 FM to Gateway Creative Broadcasting hit some bumps on its road to approval by the Federal Communications Commission.

Two more “Petitions to Deny Assignment of License” to Gateway, also known as Joy FM, were filed with the FCC late Monday afternoon by groups of prominent St. Louisans – the Committee to Save KFUO-FM and the Radio Arts Foundation – working with Washington, DC-area attorneys.

The Committee to Save KFUO-FM is made up of local members of the LCMS; the Foundation is people from the old Radio Arts Board, which raised more than $800,000 to support classical music on KFUO and sought to buy the station from the LCMS.

Both petitions raise similar issues: whether Gateway, which has considerable debt and has run at a deficit in the last two fiscal years, is financially qualified to purchase the license under either the terms of the agreement or the FCC’s rules; and whether they filed all the FCC’s required forms and documents.

The FCC has an indefinite period of time in which to consider the petitions.

Does the fact that there are LCMS leaders in the Committee To Save KFUO-FM mean that those leaders will now be in trouble with Kieschnick and Co.? Think we’ll ever know who is on that list? My prayers are with them.

Gordon:
Those Hay Adams drinks are piling up!
LCCM

There will be more info on this, according to something I read, in the Post-Dispatch tomorrow. Perhaps an editorial or an article in the Post (instead of a blog entry)??

LCCM -

I’m unaware of any appraisals of KFUO-FM. I’ll ask around. But like anything else, the fair market value of a radio station is the price at which a willing seller and buyer will exchange it for – not what an “appraiser” who, by definition, has no financial stake in the game – thinks its worth. Having said that, by “price” I mean a conventionally paid for price – not a 92% seller financed price with bulk of the principal and deferred interest paid 10 years following closing.

And I agree with you about Todd Wilken. Although I haven’t met him, I sense from his comments on this thread that he is a “good guy” as you say, and will see what I can do….

@sam glasser #171

Sam,

I found a new cause for the FCC to deny to transfer. I already put it in a petition to the FCC, and my lawyer is checking it out. I’ll know more tomorrow, and will post here.

@Todd Wilken #174

Todd,

And that’s why they may have ruined their own sale. The board must appoint board members to a committee, and only board members. Take a look at the composition of the KFUO committee, and see Missouri Revised Statutes 355.406:

http://www.moga.mo.gov/statutes/C300-399/3550000406.HTM

The KFUO Committee was not appointed by the board, and half or more of its members are not members of the Board of Directors.

Interesting, eh? Had they been open and candid about it, they would be able to sell no problem, on a majority vote. But the effort to hide and be secretive in executive session and to delegate to a committee might scotch the deal. More tomorrow.

@LCMS Christian, Classical Musician #178

LCCM,

You are one thirsty musician! And I’m guessing talented, very talented. So, yes, no problem, we’ll keep a running tab.

Pray for everybody, but don’t worry too much. Paul Maier, one of the Vice Presidents, is active in one of the save KFUO groups, so who knows?

@LCMS Christian, Classical Musician #173

LCCM,

The vote to delegate to the KFUO Committee had one “nay”, Ray Hartwig, the Secretary. Kermit Brashear abstained. I don’t know the total; would that be 10 yea, 1 yea, 1 abstention?

@sam glasser #170

Sam,

From your lips to God’s ears, as my friends in New Jersey say. I would also add that with the massive expansion of the federal government comes the diminution of individual freedom, enterprise and prosperity, but you seem to cover that. If we require financial actors to have “more skin in the game”, rather than leveraging 30 to 1 with none of their own money involved, we also can limit the upside and downside effect of the boom bust cycle.

But JOY FM really can’t get that much for their two signals, can they, because they don’t reach far enough into Saint Louis County? That makes their offer more interesting and tenuous.

Sam:
There are appraisals. I can’t tell you how I know this, but there are.

Gordon:
And that’s why they may have ruined their own sale. The board must appoint board members to a committee, and only board members. Take a look at the composition of the KFUO committee, and see Missouri Revised Statutes 355.406:
http://www.moga.mo.gov/statutes/C300-399/3550000406.HTM

Two questions when you have a moment…
1) Being a musician, I look at statutes with glazed eyes. But it seems to me that only two members of a committee must be Board members. Am I reading that wrong?
2) You know who the KFUO Committee is comprised of? Can you post their names or will you be hung by your toenails if you do so? (I’m sure you’d be hung by said toenails in Christian love and grace…)

While we’re looking for the names of committee members…

Can anyone tell us the names of the LCMSers making up “The Committee to Save KFUO-FM”?

In my opinion, there shouldn’t be any secret committees, for or against the sale.

TW

Good point, TW.
Here is a new article in the Post from this morning:

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/610D876E6404D80C8625767F00168198?OpenDocument

Here is the text:

By Sarah Bryan Miller

ST. LOUIS POST-DISPATCH

Tuesday, Dec. 01 2009

At least three petitions challenging the Lutheran Church-Missouri Synod’s
proposed sale of radio station KFUO-FM to Gateway Creative Broadcasting have
been filed with the Federal Communications Commission.

One group of petitioners, the Committee to Save KFUO-FM, is made up of local
members of the synod. Another, the Radio Arts Foundation, is a new nonprofit
entity formed around the core of the old Radio Arts Board, which sought to buy
the station from the synod.

Both those petitions cover essentially the same points.

One is whether Gateway, which has considerable debt and has run at a deficit in
recent years, is financially qualified to buy the license under either the
terms of the agreement or FCC rules.

Another is whether the synod and Gateway filed the necessary “material terms,”
items required by the FCC that include promissory and security notes.

A group calling itself Citizens of Metropolitan St. Louis and Citizens of the
United States of America also filed a petition.

It is unclear if the petitions will delay the sale of KFUO, St. Louis ‘ only
classical music station. The time frame for FCC consideration is indefinite.

“The FCC has to review all the allegations that are made,” said attorney David
Oxenford, who is working with the synod group.

Here an interesting comment made after the article:

j.quasimodo December 1, 2009 8:32AM CST
I’ve been listening to their internet version for a long time. Does anyone know what will happen to Classic99.com? Saving that could be worthwhile; it’s not hard to set it up with a computer.

Does anyone know if the rights to the website were sold as well as the station letters, station, etc.?

Take a look at the composition of the KFUO committee, and see Missouri Revised Statutes 355.406:

Never let a little thing like state law…I digress.

And….one more blog post by Sarah Bryan Miller about who filed the petitions:

http://www.stltoday.com/blogzone/culture-club

@LCMS Christian, Classical Musician #187

Hello, LCCM,

Here’s the petition I sent:

http://www.2realms.com/Members/gwb/petition-deny-sale-kfuo-fm/

In short, the answer is, the board must appoint, not an individual, and the members must also be Directors.

LCCM -

I checked but the domain name “Classic99″ is unavailable at the present time.

@LCMS Christian, Classical Musician #187

Hello, LCCM!

You can find the initial names in the Minutes at:

http://www.lcms.org/graphics/assets/media/Board_Of_Directors/BOD%20Minutes%200802.pdf

It’s on page 22/33 (that’s page 52, in the system the BOD uses).

Other than the names listed there, you tell me? That would only be half of the committee.

@Todd Wilken #188

Todd,

What