‘THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA. FILED IN DISTRICT COURT ‘OKLAHOMA COUNTY OKLAHOMA EDUCATIONAL TELEVISION AUTHORITY FOUNDATION, INC. MAR 15 2018 q Hy USP GY Yama Plaincit, : — 12018-6717 OKLAHOMA EDUCATIONAL, TELEVISION AUTHORITY, Defendant/Third Party Plaintiff, CYNTHIA REID, MIA MASCARIN OVEN, LINDA GARDNER, P. DAVID GILLETT, AND DAPHINE DOWDY, Third Party Defendants DEE THE APPOINTMES DANT/THIRD-PARTY PLAINTIFF ORTA'S JOINDER IN THE MOTION FOR TT OF A RECEIVER FILED BY THE OKLAHOMA ATTORNEY NERAL ‘COMES NOW the Board of Directors of the Oklahoma Educational Television Authority James Gallogly, Burns Hargis, Joy Hofmeister, Glen Johnson, Cheryl Evans, Lay Rice, Clarke Stroud, Richard Beck, Terri Comet, Reese Inman, Suzanne Lai, and Garrett King on behalf of Defendant Oklahoma Educational Television Authority (*ORTA") and joins Atomey General Mike Hunter in moving the Court for an order appointing a receiver to take custody and contol ‘of Plaintiff Oklahoma Educational Television Authority Foundation, Inc. (the “Poundation”). On March 11, 2019, attomeys from the Office ofthe Attomney General fr the State of Oklahoma filed thie entry of appearance on behalf ofthe State of Oklahoma, On March 13, 2019, The Attorney General filed his Motion fo Intervene and for the Appointment of a Receiver. In support ofthis Motion, OTA states the following:INTRODUCTION (On December 6, 2018, the Foundation Board of ‘Trustees (“Trustees”) on behalf of the Foundation initiated a lawsuit against OETA. In response, on January 8, 2019, the Board of Directors of OETA voted to terminate OPTA’s relationship with the Foundation. See Exhibit 1, Resolution 1o Terminate 1992 Agreement. ‘The Foundation’s sole and exclusive purpose isto support OFTA, The mission of OBTA {sto provide educational television for Oklahomans, OETA established the bulk ofthe endowment ‘curently managed by the Foundation through the sale of a television station, OETA directed addtional funds to the Foundation through other endowments it established, as well as ‘underwriting grants donor contributions and on-air pledge drives all hanced by OPTA's brand ‘and reputation. Unfortunately, « power grab has been underway atthe Foundation as its President, Daphne Dowdy, has been methodically seeming to take control ofthe Foundation and ultimately create a power-center for herself from where she ean unduly influence and control OBTA, a state agency. Atevery opportunity she uses OFTA funds to enrich the Foundation with ational sta ew equipment, office remodels, a Cadillac for het personal use and numerous other unnevessary purchases whieh have not been authorized by OETA or OBTA’s donors. Astoundingly, Dowdy has used donor funds to produce and distibute content not sanctioned by OETA despite explicit prohibitions from doing so communicated directly by OBTA. At the same time Ms. Dowdy depletes charitable OFTA"s resources which donors dtected for OETA needs and refuses to align the Foundation’s funding prortis to that of OBTA, Even with al the obstacles Ms, Dowdy and her Ma have putin det way, OETA has continued to produce award winning news and programming for which they are known asthe most-watched PDS tation in the United States. ‘The most egregious and damaging actions by the Foundation isis attempt to destroy BTA by denying the funds necessary for them to operate and denying OETA the donorinformation they must have to both properly steward funds today and to raise funds in the future ‘The Foundation approved OETAs Oklahoma Fiscal Year (PY) 2019 budgetary support request ‘but have refused to transfer the funds to them.” As noted above, donor and gift information are ‘crucial to enabling OETA to carry out its mandate under 1982 Okls, Sess, Laws 607, SB 454. The Foundation is claiming that OBTA's donor information is their proprietary information and trying to deny it to OETA. Frankly, OETA cansot survive without private funds and ifthe Foundation {sable to deny the donor information fo OBTA, it will not be abe to continue to operate as donors have desired, “The Foundation’s few romaining Trustees have tolerated Dowdy’s brazen campaign to improperly expand the Foundation's core fundraising and development mission to include producing and distributing content far ouside the scope of 1982 Okla. Sess. Laws 607, SB 454, ‘which isthe law that permits OETA to cooperate with chertable foundation, Al of these actions have occured either at the direction of Dowdy and the Board of Trustees or because the much-iminished Foundation Board (multiple Foundation Trustees resigned or left the Board in 2018 in protest at Dowdy’s vicious and self-interested behavior) does not have the ability to controt and direct the Foundation staff. Iti evident from the Foundation’s actions they intend to cause substantial harm to OETA, its brand and its stale worktoree and Foundation Trustees and staff have clearly communicated on multiple occasions that they tistakenly believe the Foundation is somehow entitled to the funds they have received and hold {or the benefit of OBTA. The Trustees have a fiduciary duty to ensure that the Foundation is complying withthe lawin all its danor activities and ifthey have sanctioned or failed to curtail the "OETA’s budget inlaed finds o py her PBS dus of ound 82M. Instead of tansring those finds to ORT, tnd unbsknownst OETA, te Foundation ai he dus diet 0 PBS, 3