Official Publication of the Arizona Newspapers Association for distribution to all employees of ANA-member newspapers
A N Ag r a m s
Answers to YOUR public records access questions Page 6
A community newspaper for community newspaper people.
July 2007
Briefs Jane Pauley receives Cronkite Award Jane Pauley, who became a household name during a 14-year run on NBC’s The Today Show, will be honored with the Walter Cronkite Award for Excellence in Journalism, Arizona State University will announce today. “She has been one of the leading voices in broadcast journalism for a long time,” Cronkite School Dean Christopher Callahan said. “I can tell you that from a journalism school perspective, she’s been a great role model for a lot of young women who were thinking about going into the field.” Pauley, who served as a Today co-anchor from 1976 to 1990, will accept the award, given annually by the school, at a luncheon Nov. 12 at the Arizona Biltmore in Phoenix. Blogging from Cairo A dozen students taking part in the Study Cairo Program through the University of Arizona Department of Journalism are blogging updates on parliamentary elections, culture, politics and more. The Study Cairo program is led by Maggy Zanger, an associate professor of practice in the journalism department who won Fulbright funding for the program. Study Cairo students are living in Cairo for eight weeks this summer while studying Arabic language at the American University in Cairo, and conducting journalism field work centered on the skills and abilities needed to effectively report from the Middle East. You can read the updates at http://journalism.arizona.edu/news/ cairoblog.php. Golden Valley Gazette Editor receives award from Arizona’s Secretary of State Donna Newman, managing editor of the Golden Valley Gazette, was presented with the Golden Rule Award on May 18, for going above and beyond her normal responsibilities as a journalist. The program recognizes those who “treat others the way you would like to be treated” and who make a difference in Arizona. It calls for leaders, parents, schools, organizations and others to recognize, teach and practice the Golden Rule. “I never expected such a lovely award, and I’ll continue to try to live up to it,” said Newman in her weekly column in the Gazette. Most Newspaper Readers Look at Both Web and Print The majority of people who regularly visit newspaper Web sites also read the print edition of the paper, according to new research funded by the Newspaper National Network. The research, which examined the habits of people who had visited a newspaper site within the previous seven days, found that 81% also said they had read the printed paper in the past seven days.
www.ananews.com
We want you...to volunteer! Your Arizona Newspapers Association is in need of volunteers on Thursday, July 12, 2007, for the Nevada Press Association newspaper and advertising contest judging. The location is the Best Western Central Phoenix Inn, 1100 N. Central Ave., Phoenix, from 9 a.m. to 4 p.m. Lunch will be served to the participants. The Nevada Press Association judged the Arizona Better Newspapers Contest June 30, 2007, in Las Vegas, and now it is time to return the favor. Because of the size of the Nevada contest, at least 30 newsroom judges are needed.
Feature writers, editors, photographers, designers, columnists, and management types are needed to judge general excellence. We will also need five to seven advertising judges to judge the advertising contest entries, including designers and advertising sales representatives. This is a great educational opportunity and an opportunity to take home some ideas and share fellowship with your Arizona colleagues. Please canvass your staff for judging volunteers and then call Perri Collins at (602) 2617655 ext. 110.
Turning the tide on secrecy
States strengthen sunshine laws through public support, collaboration and Clint Eastwood-style grit DAVID CUILLIER UNIVERSITY OF ARIZONA
Finally, the fight for open records and meetings is turning in the public’s favor. Following years of defensive scrambling to battle secrecy legislation, access advocates in some states actually scored victories this spring in bolstering public record and meeting laws. They shared their successes at the National Freedom of Information Coalition conference May 11-12 in Seattle. For example, Florida officials now must respond “promptly” to public records requests instead of in a “reasonable” amount of time. Washington state legislators established a committee to review more than 300 exemptions to the public records law and erase the ones that don’t belong. Oregon legislators approved press rights for high school and college journalists, and access reforms passed in Illinois, Texas and Pennsylvania. How did they do it? At the Seattle conference they explained some of their strategies, some of which might be useful in Arizona: Foster public support As fear from 9/11 fades and ire toward government rises, calls for
accountability are growing louder. It’s similar to Vietnam, when the public demanded change and groups such as Common Cause successfully lobbied for freedom of information laws. Today’s shift is bolstered in part by national Sunshine Week and the media’s aggressive editorializing and reporting. Some journalists shy from the fray, saying access is “insider ball,” but research shows otherwise. Studies reveal that businesses and citizens are the biggest users of freedom of information laws and the media comprise only about 5 percent of FOIA requests. Open government is a not a press issue. It’s a public issue. Access experts suggest that when a government official illegally
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withholds a public record, journalists should tell readers. Officials aren’t saying “no” to the newspaper, they’re saying “no” to citizens. Stories are most effective when they include comments from experts and those affected by secrecy, and when the issue is made relevant to readers. Rally allies When groups from different lines of work and political circles band together, politicians listen. Coalitions from around the country are unifying journalists, librarians, builders, conservative think tanks, environmentalists, nonprofits, government leaders, the ACLU, Realtors, contractors, private investigators CONTINUED ON PAGE 4
“PRSRT STD” U.S. POSTAGE PAID PHOENIX ARIZONA PERMIT NO. 3429
ADDRESS CORRECTION REQUESTED
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ANA/Ad Services Board of Directors
Postal rates, public notices and other press associations
President Pam Mox One-Year Director/Non-Daily Green Valley News and Sun (520) 625-5511 ...................... pmox@gvnews.com
BY JOHN FEARING EXECUTIVE DIRECTOR
First Vice President John Wolfe One-Year Director/Non-Daily Independent Newspapers Inc. (Phoenix) (480) 497-0048 ............................jsw11@aol.com
Ready for the changes in Postal Service periodicals class rates? According to an article from the Newspaper Association of America, “the new rates for periodicals mail were delayed until July 15, 2007 to allow time for newspapers and magazines to update computer software and adjust to the complexity of new rate structure for periodicals. The U.S. Postal Service had proposed a 24.2 percent increase for within-the-county periodicals. The Postal Regulatory Commission reduced the increase to 18.3 percent. The Postal Service had proposed a single container charge for periodicals to encourage efficiency. The Postal Regulatory Commission rejected the per container charge and recommended 55 differ-
I was in Springfield, Ill., near the end of June, meeting with the Illinois Press Association board of directors about Public Notice and the Internet. You should be proud to
Marketing, Member Revenue
Government / Public Policy
Second Vice President Don Rowley Two-Year Director/Daily Arizona Daily Sun (Flagstaff) (928) 774-4545 ..................... drowley@pulitzer.net Third Vice President Vacant Vacant (602) 261-7655 .....................office@ananews.com Secretary/Treasurer Michael Chihak One-Year Director/Daily Tucson Citizen (520) 806-7735 ............ mchihak@tucsoncitizen.com Directors Tom Arviso Two-Year Director/Non-Daily Navajo Times (Window Rock) (928) 871-7359 ........ tomarviso@thenavajotimes.com Ward Bushee Two-Year Director/Daily Arizona Republic (Phoenix) (602) 444-8087 .... ward.bushee@arizonarepublic.com Teri Hayt Two-Year Director/At-large Arizona Daily Star (Tucson) (520) 573-4220 ..................... terihayt@tucson.com Dick Larson One-Year Director/Daily Western Newspapers Inc. (928) 634-5898 ............. dlarson@westernnews.com Elvira Espinoza Two-Year Director/At-large La Voz (Phoenix) (602) 444-3835 ....... elvira.ortiz@lavozpublishing.com Mike Quinn Past President Today’s News-Herald (928) 453-4237 ................ quinn@havasunews.com
Arizona Newspapers Foundation Board of Directors The foundation is an educational, charitable nonprofit corporation for education. Its primary mission is to teach newspaper people and teachers how to use a newspaper in a classroom. Its goal in 2007 is to become revenue independent. Chairman of the Board Josie Cantu-Weber, Tucson Citizen (928) 453-4237 .............. jweber@tucsoncitizen.com Vice Chairman Joann Carranza (520) 730-4298 ......................carranza57@cox.net Treasurer Lee Knapp, The Sun (Yuma) (928) 183-3333 ................... lknapp@yumasun.com Secretary Pam Mox, Green Valley News & Sun (520) 625-5511 ..............................pmox@gvnews.com Directors L. Alan Cruikshank, Fountain Hills Times (480) 837-1925 ........................ alan@fhtimes.com Steve Doig, Cronkite School of Journalism, Arizona State University (480) 965-0798 ...................... steve.doig@asu.edu Bret McKeand, Independent Newspapers, Inc. (623) 972-6101 ......................... SCIbret@aol.com John Wolfe, Independent Newspapers Inc. (480) 497-0048 ..................................... jsw11@aol.com Jeff Weigand, Southwest Valley Sun (623) 386-7077 ............... jweigand@swvalleysun.com
ANAgrams is published every month by the Arizona Newspapers Association 1001 N. Central Ave., Suite 670 Phoenix, AZ 85004-1947 (602) 261-7655 • Fax: (602) 261-7525 www.ananews.com www.publicnoticeads.com
Objectives ANA revenue enhancements; Assist members with political advertising sales; ANA directory; Statewide online classified ads; Public Notice promotion; Effective communications to members; Digital archiving of newspapers; Recognize advertising business partners in ad awards contest; The Committee Dick Larson, Chairman, Western Newspapers; Steve Stevens, Today’s News Herald, Lake Havasu City; Lisa Miller, The Sun (Yuma); Mark Bollin, Green Valley News & Sun; Blake Dewitt, Western Newspapers; Cindy Meaux, Ad Placement Manager, ANA; Sharon Schwartz, Network Advertising Manager, ANA; John Alexander, Foothills Focus.
First Amendment Coalition
Objectives Provide journalists from member newspapers with educational information and a legal hot line for access issues. ANA is responsible for 12 seats on this board of directors. ANA Appointees Dan Burnette, West Valley View; Joseph Reaves, Arizona Republic; Terry Ross, Yuma Daily Sun; Josie Cantu-Weber, Tucson Citizen; David Bodney, Steptoe & Johnson; Ben Hanson, Daily Courier; Linda Wienandt, Associated Press; Mark Kimble, Tucson Citizen, and Kevin Kemper, University of Arizona.
Education Task Force
Objectives Conventions: Spring Marketing Workshop in May (Wed-Fri) and Fall Convention in October (Thursday-Saturday), First two days of both are computer training and half-day of sessions eliminated; Regional Education – Need trainers; On-line training -- too expensive? List Serves for various professions; NIE – fund raising; curriculum; marketing; Update Public notice laws and Ad guidelines; Constitution Day Sept.. 17 – create NIE material; NIE Training at conventions; halfday session; NIE Regional North/South full day NIE training. Additional volunteers needed. The Committee John Wolfe, Chairman, Green Valley News & Sun; Michael Chihak, Tucson Citizen; Pat Oso, Statewide NIE Coordinator, ANF; Paula Casey, Business Manager, ANA.
ent rates. The new rates for newspapers mailed outside-the-county are highly complex and vary depending upon where the newspapers are entered, the container type used (container or sacks), level of sortation, weight of the piece, etc.” When I owned a small weekly in Texas, we had enough trouble (mostly with the local postmaster in the small town) with the rules back then. (No, there was not a fee to pay for hay for the horse.)
Elsewhere in the business
Objectives Build on 2003, including creating a formal plan for 2005/6; Re-craft Legislative Alert; Note key legislation that requires editor/publisher calls; Simplify way editors/publishers can send an e-mail to key legislators on issues; Create a grid noting each legislator’s committee assignments; Match legislative leadership to Editors & Publishers; Host Legislative Breakfast in January 2006 instead of Legislative Lunch in Fall; Further build allies/ government access groups; Continue “Public Access Counselor” legislation and emphasize “Training;” Support banning suits against public records requestors. The Committee Teri Hayt, Chairman; Independent Newspapers (Phoenix); Michael Chihak, Tucson Citizen; Janet DelTufo, Wickenburg Sun; Melanie Larson, The Explorer (Tucson); Teri Hayt, Arizona Daily Star (Tucson); David J. Bodney, Steptoe & Johnson, Phoenix; Ward Bushee, Arizona Republic (Phoenix); Tom Arviso, The Navajo Times (Window Rock); Kevin Kemper, University of Arizona; John Moody, ANA Legislative Counsel, Jennings, Strouss & Salmon, Phoenix.
Awards Committee
Objectives Study contest entries and develop an online contest submission form; Study and reshape Hall of Fame criteria, make them less subjective and Improve bios; Work with the University of Arizona to improve the Zenger Award; FOI – broader distribution of news release to improve publicity; Improve ad agency category. The Committee Don Rowley, Chairman, The Sun (Yuma); Perri Collins, ANA; Paula Casey; Business Manager, ANA
Finance Committee
Objectives This committee reviews the monthly financial reports and questions the staff on budget variances, in order to report to the full board. It also is responsible for working with the staff to develop the annual budget for ANA and Ad Services. The Committee The secretary-treasurer, past president, and one additional director are appointed to the Finance Committee each year. Currently Michael Chihak, Tucson Citizen, is chairman; Mike Quinn, Past President, and Terry Alvarez, East Valley Tribune.
know that the program we developed a decade ago now is being used by 17 other state press associations, and it appears Illinois wants to join in. Texas and New Mexico are taking a look too. Developing the ability for our members to post public notices on the Internet, in one word-searchable database, enhances the Legislative intent of public notice. It makes them available to your local reader and in your historical archives. It also makes them available to others on the Internet. In May, there were nearly 50,000 uses of the database for Arizona. That is someone had to enter search criteria, and click search. Or they had to click one of the links in the search-return to read a notice. In New Jersey, that number was nearly 200,000 searches or views. CONTINUED ON PAGE 5
ANA
Staff
Executive Director John F. Fearing .............................Ext. 105 j.fearing@ananews.com Business Manager Paula Casey ..................................Ext. 102 p.casey@ananews.com Media Buyer Cindy Meaux ................................. Ext. 112 c.meaux@ananews.com Network Advertising Manager Sharon Schwartz ...........................Ext. 108 s.schwartz@ananews.com Network Ad Sales Representative Don Ullmann ................................. Ext. 111 d.ullmann@ananews.com Communications Manager Perri Collins ................................... Ext. 110 p.collins@ananews.com Statewide NIE Coordinator Pat Oso .........................................Ext. 109 beartracks@cox.net Receptionist/Tearsheets Lorraine Bergquist .............................Ext. 0 l.bergquist@ananews.com
Join a Committee If you would like to join a committee, ask your publisher to send an e-mail to j.fearing@ananews. com. Your ideas are what makes this association valuable. Join a committee and make a difference!
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eEdition in Arizona classrooms BY PAT OSO NEWSPAPERS IN EDUCATION COORDINATOR
With the cost of print copies rising, concern about advertisers and ABC regulations, it seems logical to convert Newspaper In Education programs from print copy to eEdition. Schools have computers and this is a practical answer to bottom line challenges. Teachers already using eEdition give testimonials about how effective it can be with students. It saves time and recycling outdated newspapers is no longer a concern. In recent months, publications have been filled with articles about eLearning being the wave of the future. eEdition in the classroom is a good solution – isn’t it? Yes, eEdition is very effective in those states and school districts that have computers and companion technology, such as Smart Boards, to make newspaper lessons interactive and available to an entire classroom. The question is whether or not schools in our state have proper equipment and teachers trained to use it. This became increasingly clear after attending an NIE Technology Conference in Charleston, South Carolina this spring. I came back with a mission - to do extensive research into the readiness of Arizona schools for eEdition and create a plan for the inevitable movement of NIE into this new arena. Here are the major points of that research. Editorial Projects in Education Research Center surveys states to assess the status of K-12 educational technology across the nation. A report card is compiled for each state. The following is the State Technology Report Card 2007 for Arizona.
2007 STATE TECHNOLOGY REPORT CARD Access to technology DUse of technology A Capacity to use technology C Overall grade C+
It can also be found online at www.edweek.org/go/tc07. Cathy J. Poplin, Deputy Associate Superintendent for Educational Technology and head of the Arizona’s eLearning Task Force, established by Senate Bill 1512 and signed into effect by Governor Napolitano on June 21, 2006, agrees with the report. Poplin said that the computer to student ratio in Arizona is approximately 1:5. Many of those computers are outdated and most are located in media centers or computer labs where hundreds (sometimes thousands) of students are scheduled for 40 minutes every 8-10 days. Teachers are not likely to use this coveted time for newspaper lessons. Individual districts vary depending on spending priorities. Some are well equipped with computers and Smart Boards in classrooms. Others lag far behind. Poplin, a strong supporter of NIE, recommends that NIE managers research school districts via an electronic survey of participating teachers in their circulation areas to find out which schools can best benefit from eEdition. She said that the best scenario at this point in time is to offer both print and eEdition copies to meet the needs of teachers in both situations, since only a small percentage of Arizona teachers will be able to utilize eEdition for effective teaching. Over the next few years it will be necessary for NIE to develop eLessons based on the Arizona State Standards in specific subjects to go along with eEdition in the classroom, eEdition is definitely the wave of the future and we need to prepare for it because the future is only 3-5 years away. The important thing to remember at this point is to do our homework. Market eEdition to those school districts that are ready for it. Pushing eEdition on teachers in districts that do not have the necessary technology available will only result in losing relationships and loyalty that took years to develop. In an industry where it is so important to develop more readers, it is essential that relationships with schools are not jeopardized. If you would like more information about the state of technology in Arizona classrooms, please email me at p.oso@ananews.com.
Cronkite School names its first director of high school programs Anita Luera, a long-time journalist and past president of the Arizona Latino Media Association, is the first director of high school journalism programs for the Walter Cronkite School of Journalism and Mass Communication at Arizona State University. Luera will oversee an expanding array of high school programs, including national training institutes for high school journalism teachers and students. She also will lead the school’s outreach programs to high schools around the region that are working to develop and improve their journalism programs. “The Cronkite School has a rich tradition of working with young high school journalists, and in the past few months we have vastly expanded those programs,” said Dean Christopher Callahan. “We are extremely pleased to have Anita, a terrific journalist with deep roots in our community, to serve as our first director.” Luera will focus much of her outreach on minority populations, which are underrepresented in today’s professional newsrooms. The position is made possible in part by a new grant from the Scripps Howard Foundation. For the past three years, Luera has served in leadership roles at Valle
del Sol, one of Arizona’s largest nonprofit, community-based organizations offering counseling, substance abuse, support services and leadership development programs. Luera also brings to the position 27 years of television news experience. She served as community relations coordinator at KPNX-TV, the NBC affiliate in Phoenix, for seven years, during which time she organized and produced such community projects as the KPNX and The Arizona Republic Season for Sharing holiday fund drive, the Walk to End Domestic Violence and the 12 News Car Seat Check Up. Prior to that, she was the producer of KPNX’s award-winning 5 p.m. news broadcast.
Attorney James F. Henderson dies CHARLES KELLY THE ARIZONA REPUBLIC
James F. Henderson, a courtly attorney with a wry sense of humor who for decades represented The Arizona Republic and The Phoenix Gazette in libel actions and First Amendment cases, died May 27 at the age of 85. Henderson, known as “The Silver Fox” for his good looks and as “Gentleman Jim” for his courtesy, practiced law for more than 50 years and completed more than 100 trials. In 1981, Henderson was honored with the Freedom of Information Award by the Valley of the Sun Chapter of the Society of Professional Journalists, Sigma Delta Chi. In 1987, he received the Arizona Press Club’s Distinguished Service Award. He served on the board of Desert Samaritan Medical Center from 1976 to 1992 and was honored with the hospital’s You Make a Difference Award. He also was a past president
of the Phoenix Arts Council and the Kiwanis Club. James Forney Henderson was born in Minonk, Ill., on Oct. 10, 1921. After serving in the Navy in World War II, he took bachelor’s and law degrees at Northwestern University and was admitted to the bar in 1948. Those who knew Henderson best say he was a fine example of Midwestern values: a man who favored modesty, simple pleasures and treating people with consideration. He is survived by his wife, his son James Dale Henderson, daughters Lynda Hopper, Diane Barclay, Deborah and Shelley Smith, and three grandchildren. There will be no services. His family suggests that contributions be made to the Northwestern University School of Law, 357 E. Chicago Ave., Chicago, IL 60611.
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BET Executive to Direct Cronkite’s New Media Innovation Lab Retha Hill, a senior executive at BET and digital media leader who helped launch The Washington Post’s first Internet news operation, will join the Walter Cronkite School of Journalism and Mass Communication as director of the New Media Innovation Lab at Arizona State University. Hill joins ASU from BET, where she is vice president for content for BET Interactive, the online unit of Black Entertainment Television. In that senior role, she is in charge of content strategy and convergence with the television network. She replaces Tom Mohr, the former Knight-Ridder Digital president who last year launched the New
Media Innovation Lab, which serves as a research and development center for media companies exploring new
digital media products. In its first year, the innovation lab conducted a major research project for Gannett Co., a major media corporation and the nation’s largest newspaper publisher. The idea for the New Media Innovation Lab was conceived by ASU President Michael Crow and Sue Clark-Johnson, president of Gannett’s newspaper division. The lab continues to work closely with Gannett executives and The Arizona Republic on digital media projects. As lab director, each semester Hill will lead a group of about 15 students from journalism, computer engineering, business and design. She will hold the faculty rank of
professor of practice. “Retha Hill possesses the extraordinary skills of a natural teacher, a charismatic leader, an industry executive who treasures the most important values of great journalism, and a true digital media innovator,” said Cronkite Dean Christopher Callahan. “We’re thrilled she will be joining the Cronkite School.” Earlier this year, Hill was honored in Washington by the National Association of Minority Media Executives as the recipient of the New Media Catalyst Award. She also has been president of the Washington Association of Black Journalists and CONTINUED ON PAGE 6
Employing FOIA and fighting secrecy in Arizona CONTINUED FROM PAGE 1
and citizens. Coalition-builders find out what groups care about and then explain to them how public records serve their needs. Arizona is one of the few states without a broad-based coalition for open government. The First Amendment Coalition of Arizona, comprised of media representatives, is active and serves journalists well. It should continue to fight for media rights, but further collaboration with other groups might ratchet political pressure for freedom of information. Have a Clint Eastwood state-of-mind As government becomes more sophisticated in hiding information, journalists are becoming more efficient at prying it loose. The law doesn’t always work, so like Dirty Harry, journalists must employ street smarts. Some tips from panelists at the NFOIC conference included: Good cop. Clint rarely loses his cool, at least at first. Be polite with public record custodians. Ask about their kids and summer vacation. They are more willing to help someone who treats them with respect. Bad cop. You’ve tried being nice and they still deny you access.
It’s time to squint, grimace and ask them if they feel lucky. Write stories about the secrecy, including how other agencies make the information available. Get citizen reaction. Consider input from the new state public records ombudsman. It helps if the records engender public support (e.g., serial rapist records), and don’t turn the public against you (e.g., home addresses of school children). In the end, maybe you won’t influence the officials, but their constituents and golf buddies will. A fistful of request letters. Despite your charm and stories you still hit a wall. Now it’s time to take off the aviator sunglasses and pull out the proverbial .44 Magnum. If an agency is overly secretive then it might be hiding mismanagement. Bury the agency with dozens – or hundreds – of public records requests to find out what is going on. Team up with other media or interest groups who would want the information. Mail them a letter from your organization’s attorney. Sue. Some journalists worry sources won’t talk to them if they push too hard. Don’t fret. They already are shutting down the information flow, so it’s time to demand they follow the law. Once government employees in the trenches realize a journalist isn’t
in the hip pockets of the higher-ups then more tips and records will surface. Ongoing battle Despite some of this year’s successes, secrecy continues to prevail at the federal and state levels, including efforts to close concealed weapons permits in Virginia and failure to improve FOI laws in Arkansas. Arizona hasn’t been much better. While some news outlets have won in court, victims’ rights legislation (SB 1286) passed last month could make it more difficult to get victim identification information. We have a new public records ombudsman, but it’s too early to know whether the position is a help or hindrance. Most disturbing: U.S. Sen. Jon Kyl, R-Ariz., put a secret hold on the federal Open Government Act, disabling needed reforms to the Freedom of Information Act and making Arizona the nation’s poster-child of secrecy. With any luck that may change as the pro-access wave builds in the United States and citizens clamor for accountability. Now is the time to act, on behalf of journalists and more important, the public. Make their day.
David Cuillier, a former reporter and city editor, is an assistant professor of journalism at the University of Arizona and vice chair of the Society of Professional Journalists Freedom of Information Committee. He can be reached by email at cuillier@email.arizona.edu.
Legal Services Another benefit of ANA membership
Advertising and Newsroom AnswerLine Miller, LaSota & Peters, PLC (602) 296-0955 First hour free to all ANA member newspapers. Media Hotline
More Information For more information about handling secrecy in government, check out these resources: • Arizona Reporter’s Handbook on Media Law, sixth edition, $5. Call 601-351-8014 or e-mail sneilson@perkinscoie.com • Society of Professional Journalists FOI resources, http://www.spj.org/foi.asp • Reporters Committee guide to Arizona public records and meeting laws, http://www.rcfp.org/ogg/index.php?op=browse&state=AZ • Online public records request letter generator, http://www.splc.org/foiletter.asp • National Freedom of Information Coalition, www.nfoic.org
Perkins, Coie, Brown & Bain (602) 351-8000 Funded by First Amendment Coalition of Arizona Inc. No cost up to the initiation of litigation. HR Hotline Steptoe & Johnson, LLP (602) 257-5200 Up to two hours of consultation and advice available to publishers and department heads of ANA-member newspapers.
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Who is Elizabeth Hill? Elizabeth Hill is Arizona’s new Assistant Ombudsman for Public Access. Hill joined the Ombudsman– Citizens’ office in February 2007, after serving three years as an Arizona Assistant Attorney General in the Civil Division and as a member of the Open Meeting Law Enforcement Team. Prior to working at the Office of the Arizona Attorney General, Hill spent two years working with the Arizona Department of Revenue. She has a bachelor’s degree from Northern Arizona University and a law degree from Gonzaga University School of Law. Despite a busy schedule, she took a little time to answer a few questions about her position.
Q: What is the Ombudsman– Citizens’ Aide? A: The Ombudsman–Citizens’ Aide is an office created to help citizens who feel they have been treated unfairly by a government agency. The office is an independent, impartial resource that looks into citizen complaints and helps resolve legitimate grievances. The office provides three categories of service to citizens: coaching, assistance, and formal investigations.
Q: Does the Ombudsman–Citizens’ Aide receive complaints regarding local government agencies? A: Yes, but for matters relating to Arizona’s public access laws only. Generally, the Ombudsman–Citizen’s Aide only handles complaints having to do with administrative acts of state government agencies. Last legislative session, however, the state legislature expanded the office to provide free services to citizens and public officials for matters relating to public access. Accordingly, for matters relating to public access, the Ombudsman has jurisdiction over public bodies as defined in A.R.S. section 39-121.01(A)(2). The legislation also expanded the Ombudsman’s duties to include preparing materials on public access laws, providing training to public bodies, coaching and assisting citizens, investigating complaints, requesting testimony or evidence, conducting hearings, making recommendations, and reporting misconduct. Q: Is the Ombudsman–Citizens’ Aide a citizen advocate? A: No. The Ombudsman is not an advocate or someone who will automatically take your side in a conflict. Q: Does the Ombudsman–Citizens’ Aide have enforcement authority? A: No. The Ombudsman– Citizens’ Aide has broad powers to investigate and make recommendations, but no authority to make or reverse a decision and no power to order changes in rules, regulations, policies or procedures. If the office is not able to work out a satisfactory solution, it can send a formal report of its findings and recommendations to the state legislature, governor, local officials, and the public.
Fearing CONTINUED FROM PAGE 2
Another interesting thing about attending the Illinois meeting was that I was listening to the financial report their executive director gave. Although they have many more members than ANA, their variances in the financial reports were a mirror of ANA. Ad Placement is up, classified network ads are slightly down, as
are 2by2 ads, and the bottom line is holding well. “We run a business here,” their executive director said to their new board members. I couldn’t agree more. Illinois has only one company, a regular taxable c-corp. ANA is a non-taxable trade organization which then owns a c-corp. for the marketing activities.
Payson promotes Davis to advertising director Bobby Davis has been promoted to advertising director of the Payson Roundup. Effective May 21, Davis assumed the duties as advertising director, filling the position left vacant by the retirement of Julie Haught. “I’m very excited to assume this new position with the Roundup,” he said. “The potential in Payson and Rim Country area is just tremendous.” “Bobby brings years of sales and marketing experience to his new position,” said Roundup publisher John Naughton. “We are pleased he accepted the position to lead our ad team.” A Star Valley resident, Davis joined the Roundup in 2005, working in display advertising as a sales executive.
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Davis is an active member of the community. He is president-elect of the Kiwanis Club of Zane Grey Country, on the board of directors of Big Brothers Big Sisters, and chairman of the Ambassador Committee with the Rim Country Regional Chamber of Commerce.
Independent Newspapers names new director of advertising Independent Newspapers, Inc. has hired Mike Mall as its new Director of Advertising for its community newspaper group in the Phoenix metropolitan area. Independent Newspapers, Inc. publishes 14 weekly community newspapers serving over 250,000 households in and around the Phoenix, Arizona area. Mike was born and raised in Baltimore, Maryland where he lived for several years before moving to Harford County, Maryland with his wife Theresa, daughter Alex and son Brandon. He comes to Independent Newspapers, Inc. with 20 years of newspaper experience. In 1987, Mike started his career as a Classified Telephone Sales Rep with the Baltimore Sun. In his 13 years with the Sun, Mike also served as Classified Manager, Territory Sales Rep and Major Accounts Senior Executive. He then moved on to take over the Major Accounts Director position for Patuxent Publishing Company, a Chicago Tribune-owned weekly newspaper serving over 350,000 homes in and around the Baltimore, Maryland area. Mike’s education includes the Loyola College of Maryland, School of Supervisory Leadership as well as American Press Institute’s Executive Development Program. He is also a 4th Degree Knight and Past Grand Knight in the Knights of Columbus. With Independent Newspapers, Mike will be responsible for
coaching the classified and display advertising staffs and overseeing the day-to-day operations and growth of the advertising department, as well as the group’s online advertising. “We are extremely fortunate to have someone with Mike’s background and experience join our community newspaper group,” said Publisher Bret McKeand. “Mike’s passion for community newspapers, and his commitment to reaching out to businesses of all sizes fits in perfect with our overall mission and philosophy.”
To reach Mike, or to inquire about advertising possibilities with Independent Newspapers, call (480) 483-0977 or email mmall@newszap. com.
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Answers to your public access dilemmas
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ELIZABETH HILL PUBLIC ACCESS OMBUDSMAN Periodically, Liz Hill will provide ANAgrams readers with answers to Arizona’s most pressing questions on public records access and open meetings. This month, she gives us a brief overview of the basics. If you have a question about public records access, call her at (602) 285-9136 ext. 32.
Q: If requested, the Arizona public records law requires a custodian of records of an agency to provide an index of records that have been withheld from the requesting person stating the reason each record is being withheld. Does this apply to political subdivisions such as school districts or other local public bodies? A: No. This requirement is limited to state agencies, except for the few named in the statute. See A.R.S. section 39-121.01(D)(2). Q: Are all e-mails sent from, or received on, a government computer a public record? A: No. While the presumption is that everything created or received on office time with office equipment and personnel constitutes a public record, the nature and purpose of the document determine its status as a public record. Accordingly, the Supreme Court has recently concluded that purely personal e-mail, that has no relationship to official duties, is not automatically a public record just because it was on a government computer and e-mail system. Q: I requested copies of public records and was told there would be a copying charge of 25 cents per page. May a public body charge for copies? A: Yes, a public body may charge a fee it deems appropriate for copying records. Ten to 30 cents a page is reasonable. Q: I made a public records request and was told there would be a $15.00 charge for obtaining the records. Is that appropriate? A: It depends whether the request if for a commercial or noncommercial purpose. If the public records are requested for a noncommercial purpose, then no, the public body may not charge for the
Retha Hill
time it takes to obtain or search for the records. On the other hand, if the public records are requested for a commercial purpose, the charge may include the portion of the cost to the public body for obtaining the record, a reasonable fee for the cost of time, materials, equipment, and personnel in reproducing the record, and the value of the reproduction on the commercial market as best determined by the public body. Q: Requesting public records for newsgathering purposes is not a commercial purpose. What about requesting mailing lists to sell newspapers? A. Requesting a mailing list to sell newspapers is a commercial purposes and the public body may impose additional fees. Q: May a public body charge for the inspection of documents? A: No, there is no charge for inspecting documents. Q: I recently made a public records request for a non-commercial purpose and was told there would be a fee for redacting confidential information. Is that right? A: No. A public body may not charge for inspection of documents. This applies even if the public body must redact information before making the records available for inspection. Q: I made a request for public records and was told that they were protected by the legislative privilege. Does the legislative privilege apply to documents? A: Yes. The legislative privilege shields from disclosure documentation reflecting legislative acts or communications about that act. A legislative act is an act that reflects a discretionary, policy making decision that may have prospective implications; for instance, the creation of administrative rules to implement legislative policies. The privilege may be asserted by a public official who acts in a legislative capacity
regardless of his or her particular location within government. Q: Many public bodies have public request forms that require a stated purpose for the request. Is this allowed? A: No. The public body may ask whether the public records will be used for a commercial or noncommercial purpose. If the requester states that it is for a non-commercial purpose, the inquiry should end there. Q: The Arizona public records law requires that the custodian promptly furnish public records. What does that mean? A: It depends on what is reasonable under the circumstances. Criteria that will be taken into account include: the agency’s resources, the nature of the request, the content of the records (particularly whether information must be redacted), and the location of the records. That said, mere inconvenience does not justify delay. Q: I requested a record and was told it was destroyed. Aren’t all public records permanent? A: No. While some public records have permanent value, most records go through a life cycle. Their retention and destruction are governed by a records retention schedule approved by Arizona State Library, Archives, and Public Records. The retention schedule is a list of record types that is followed by information on how long each type of record should be kept. When the retention period for a record has expired, the record is physically destroyed. CONTACT: Arizona Ombudsman-Citizens’ Aide 3737 N. 7th Street, Suite 209 Phoenix, AZ 85014 (602) 277-7292
a fellow at the McCormick Tribune Management program and the Al Fitzpatrick Leadership Development Institute. An adjunct professor at the University of Maryland’s Philip Merrill College of Journalism, Hill is a frequent guest speaker at Harvard University’s Nieman Foundation for Journalism, the Poynter Institute, the Online News Association, the American Press Institute, the Freedom Forum and the National Press Club. Before joining BET, Hill was executive producer for special projects at washingtonpost.com, developing new products for The Washington Post’s Web site. She joined The Post’s early online operations in 1995 as the editor for local news, arts and entertainment. A graduate of Wayne State University in Detroit, Hill started her journalism career as a reporter at The Detroit Free Press in 1983. She went to The Charlotte Observer in 1984. Three years later she was hired by The Washington Post as a metro reporter. “I am thrilled to be joining the stellar faculty and staff at the Cronkite School and I look forward to working with the bright students there,” said Hill, who will start in August. “The media industry is evolving and the innovation lab will be a fabulous resource in helping editors and media leaders think through all the changes they face and how technological innovations can get information to their users when and how they need it.” The New Media Innovation Lab, located in the Computing Commons on ASU’s Tempe campus, will move to the Cronkite School’s new building in downtown Phoenix next year.
CORRECTION NOTICE The article “Newspapers are a way of life of one small-town family”, that appeared on page six of the June issue of ANAgrams, was written by Brian Indrelunas as part of the Cronkite News Service, an intensive professional program for advanced print and broadcast students in Arizona State University’s Walter Cronkite School of Journalism and Mass Communication. Cronkite News Service stories and photos are available to most publications and news Web sites.
In its first semester of operation, student stories have appeared in the Arizona Daily Star, the East Valley Tribune, the Tucson Citizen, the Casa Grande Dispatch, the Arizona Daily Sun, the Kingman Daily Miner, the Mohave Valley Daily News, the (Yuma) Sun, the White Mountain Independent, the Gallup Independent and the Holbrook Tribune-News. To use Cronkite News Service content in your publication or on your news Web site, please contact Steve Elliott at (602) 496-0686 or steve.elliott@asu.edu.
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Are you ready? New periodical rates take effect on July 15 On March 19, 2007, the U.S. Postal Service Board of Governors approved increases in postage for most classes of mail, including standard mail and periodical rates used by most newspapers. The new rates for periodicals were delayed until July 15, 2007 to allow time for newspapers and magazines to update computer software and adjust to the new rate structure. The new rates for newspapers mailed outside-thecounty are highly complex and vary depending upon where the newspapers are entered, the container type used, the level of sorting, weight of the piece, etc. Presort Accuracy Validation and Evaluation (PAVE) certified software is more important than ever for newspapers to get a handle on the new periodical rates.
The U.S. Postal Service is in the process of testing software products from vendors to determine mail sorting accuracy based on the new rates and regulations from the Domestic Mail Manual. Software products that successfully complete this testing process are granted PAVE certification. The USPS maintains a list of presort software products that are PAVE-certified. While the testing process continues, the list will become available at http://ribbs.usps. gov/files/pave/pubs. More information on the USPS rate increases is available on the Web, as well as a rate chart for Standard Mail and Periodicals and updated USPS rates, at www.usps.gov.
ANA Advertising Services Sales Update Ad Placement Sales (Gross) 2007 $219,100 2007 $1,191,611 Actual $1,191,661
2006 175,498 2006 968,127 Budget 765,000
2007 $36,999 2007 $151,184 Actual $151,184
2006 38,468 2006 166,023 Budget 175,117
May 2007 YTD sales YTD Actual vs Budget
Difference 43,602 Difference 223,534 Difference 426,661
% Change +25% % Change +23% % of Budget 156%
AzCAN Net Revenue May 2007 YTD Net Revenue YTD Actual vs Budget
Difference -1,469 Difference -214,879 Difference -23,933
% Change -4% % Change -9% % of Budget 86%
2by2 Sales Net Revenue 2007 $16,982 2007 $71,792 Actual $71792
2006 23,198 2006 92,398 Budget 102,080
May 2007 YTD Net Revenue YTD Actual vs budget
Difference -6,216 Difference -20,606 Difference -30,288
% Change -27% % Change -22% % of Budget 70%
ANA Job Bank www.ananews.com/jobbank
EDITOR. For a journalist, there are few things more exciting than being there for the birth of a new daily newspaper, especially if you’re the editor of that new daily. In early June, Colorado Mountain News Media purchased the weekly newspapers serving Grand County, CO., home of Winter Park ski resort and the gateway to the Rocky Mountain National Park. This is a hands-on role. The editor will be the day-today leader of the newsroom, supervising reporters’ and photographers’ daily output for web and print. This position requires strong leadership and exceptional organizational skills. Applicants must have management, editing, design and reporting experience, along with a passion for the Internet. Knowledge of and an understanding of ski-town, resort culture is important as well. We offer excellent benefits. Send cover letter, resume and work samples by August 22nd to Jim Morgan at: jmorgan@ summitdaily.com. (Jun. 22) ADVERTISING DIRECTOR. Arizona Capitol Times, a weekly newspaper based in Phoenix that serves the Capitol community, is recruiting for an advertising director. This individual will be a strong leader who is a persuasive seller and can coach a sales team to victory in accomplishing monthly and quarterly goals for both print and web advertising. If you are an idea person who thrives on implementing new projects and events this is the job for you. At the Capitol Times, you’ll have the opportunity to excel and be highly rewarded. For more information, email ginger.lamb@ azcapitoltimes.com. (Jun. 20)
PHOTOGRAPHER/DESIGNER. Southwest Gas in Tucson is looking for a combined writer, photographer, and graphic designer for 30-35 hours per week. Applicant should be familiar with Macintosh OS X, Adobe Photoshop, InDesign, and Illustrator. For more information email libby. howell@swgas.com. (Jun. 4) ADVERTISING MANAGER. The Las Vegas Optic, a weekday daily newspaper owned by Landmark Community Newspapers Inc., has an immediate opening for an advertising manager. The position is responsible for all aspects of leading the advertising department and reports directly to the publisher. Qualifications: Minimum of two years experience in advertising sales in a competitive market, sales management and marketing expertise, proven success in developing new revenue initiatives, strong analytical skills as well as excellent interpersonal and organizational skills, ability to achieve goals through your own efforts and the work of others, ability to produce results. The Advertising Manager will develop a sales team that consistently meets and exceeds revenue goals, hire, train and retain a motivated and high-performing team, maintain, develop and grow an existing account list, develop new advertising customers for all of our products, prepare and manage annual budgets and be an active member of the newspaper’s leadership team. Interested persons should contact: Tom McDonald, Publisher, The Las Vegas Optic, 614 Lincoln Street, P. O. Box 2670, Las Vegas, NM 87701 or send an email to tmcdonald@lasvegasoptic.com. EOE. (May 23)
Calendar July 4, 2007 • ANA offices are closed July 12, 2007 • Members needed to judge the Nevada BNC July 18-22, 2007 • AIPA Summer Workshop, NAU, Flagstaff, Ariz. September 21-23, 2007 • ANA Fall Convention
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