The Washington Newspaper, January 2019

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THE WASHINGTON NEWSPAPER January 2019

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Journal of the Washington Newspaper Publishers Association

Legislature to convene without PRA consensus Task force adopts general principles, but fails to resolve legislative privilege issue

As the Washington State Legislature convenes Jan. 14, it will be beginning business without a consensus with stakeholders on whether the Legislature should be subject to the state Public Records Act. A legislative task force created to find common ground on the issue adopted some general provisions, but legislators say they still believe the Legislature deserves special treatment to protect its deliberative process. Open

government advocates disagree.

“We hoped that we would be able to roll up our sleeves and work together Nixon side-by-side with legislators to identify how to bring the legislature fully under the Public Records Act and craft specific

exemptions to protect the public interest,” said Toby Nixon, President of the Washington Coalition for Open Government. “We are disappointed that the outcome of the process is limited to just a few vague, broad, high-level statements of principles that should have been obvious to all from the start.”

Republican lawmakers Matt Shea and Mike Volz, in a joint statement, claimed the state Constitution confers a privilege

that allows legislators to withhold documents related to the deliberative process.

“In many cases, it makes sense to protect sensitive information shared by constituents, such as crime victims and whistleblowers who seek assistance from their legislator. And to the extent that the legislative privilege derives from the state constitution and cannot be waived by statute, additional study and thought needs to occur on this topic.”

A coalition of media partners led by the Associated Press last year sued the Legislature challenging its presumption that it was exempt from the Public Records Act. A superior court judge sided with the media organizations and that prompted the Legislature to quickly adopt legislation without hearings exempting themselves from the act. Newspapers across the state published editorials condemning the action and the gov-

David Pan of the Mukilteo Beacon took a first place in color sports feature photography category in the 2018 WNPA Better Newspaper Contest.

By Maryanne Reed Reading public notice ads in the classifieds is about exciting as watching paint dry, but it’s necessary reading for some.

In Carmel, California, a 99-year-old woman was able to stop the bank from foreclosing on her house after someone read the notice in the local paper and shared it with her grandchildren.

After reading a county financial report in the Ottumwa Courier, an Iowa pharmacist learned that a national pharmacy chain overcharged by five times the price of medicines it supplied the local jail. His complaints led to him securing the contract instead.

Dating back to the Colonial era, public notice has served a vital role in informing people about the activities of their gov-

ernment. Typical public notice laws apply to public actions, such as budgets, hearings, government contracts open for bidding, unclaimed property and court actions.

But despite its historical significance and importance, public notice has increasingly come under attack. In recent years, some cash-strapped state legislatures have tried to remove the requirement that public notices be published in newspapers, opting instead to allow government entities to post them for free on their own websites.

“It would be the classic example of putting the fox in charge of the hen house,” says Richard Karpel, executive director of the Public Notice Resource Cen-

Olympia News Bureau staffed, ready to roll Bureau Chief Sandy Stokes has WNPA’s Olympia News Bureau up and running with four reporters contributing to the WNPA report.

The reporters are Emma Scher, Madeline Coats and Sean Harding, who will be covering statewide issues.

Emma Epperly will be covering the Moses Lake area for the first few months, and will finish out the session covering statewide issues.

Editors should begin receiving stories from the ONB as the Legislature gets underway.

If for some reason you aren’t on the distribution list, contact Stokes at sstokes. onb@gmail.com. Coverage of the Legislature is a key WNPA member benefit.

See PRA, Page 3

Public Notices prove their value, alerting public, saving money

See NOTICES, Page 2

NOTICES: In 2018, 160 bills introduced to alter legal ad rules Continued from Page 1

ter (PNRC), a nonprofit organization that serves as a clearinghouse for information about public notice legislation.

In 2018 alone, the PNRC tracked about 160 separate bills. About a dozen of them, if passed, would have either eliminated public notice from newspapers altogether; many others would have eliminated it in limited circumstances. Fortunately, most of the bills failed, due to the lobbying efforts of state newspaper associations.

Advocating to retain public notice “has become a big part of the job,” says Mark Maassen, executive director of the Missouri Press Association.

This past year, the Missouri Press Association successfully fought three anti-public notice bills that worked their way through the state legislature. The most serious of the bills, SB 580, would have eliminated public notices in newspapers altogether.

The association found its biggest allies among legislators in rural areas, where internet access is limited and local newspapers still have a strong presence. “Small rural communities still rely very much on the local newspaper for their news,” Maassen says.

A primary argument against public notice is that it costs taxpayer money to place the ads in newspapers. And, in fact, with the decline of commercial advertising, public notice advertising has become an increas-

ingly important source of revenue for local newspapers, especially in smaller markets.

But, for the most part, spending on public notices is not a big ticket item for local governments.

Karpel says there’s often a personal motive behind the opposition to public notice.

“It’s often prompted by politicians who want to stop the journalism they don’t like.” He points to anti-public notice efforts in New Jersey and Maine, spearheaded by governors Chris Christie and Paul LePage respectively—two politicians with a notoriously testy relationship with reporters.

Another argument against public notice is that it’s no longer needed today, when everyone has a cell phone and should be able to access notices on government websites.

But Karpel says cell phones are a “terrible” vehicle for public notices, which tend to be text heavy and hard to read on a small screen. Plus, people often find notices by accident, while scanning the newspaper for other information. “Reading a newspaper is a serendipitous process,” says Karpel.

“It encourages people to find notices that would get lost on the web.”

To date, every state still requires the bulk of public notices be published in newspapers, but that right may be taken away as state legislatures continue to chip away at it.

Maryanne Reed is West Virginia University’s journalism school dean.

2 The Washington Newspaper January 2019

FROM THE PRESIDENT

WNPA: Getting down to business as the state Legislature convenes

By Michael Wagar The Washington Newspaper Publishers Association offers a slew of benefits to members.

Our lobbying efforts in Olympia, for example, have saved newspapers countless dollars and help Wagar protect our legal notices. Our annual convention is uplifting and challenging with a myriad of speakers and workshops; the opportunity to network is enjoyable and eye opening.

The WNPA is at the forefront in the fight for freedom of the press and open government. Last year we were a proud part of the effort to push for more transparent representation in Olympia.

The WNPA does make a difference in the quality of journalism in Washington state.

One key asset for members is the WNPA’s Olympia News Bureau, which reopens this week

as the Legislature moves into session. It should be interesting with the House, Senate and Governor’s mansion dominated

by Democrats. Add to that a governor running for President of the United States and you can count on plenty of captivating headlines and stories.

Because it is a budget session, lawmakers will hammer out a two-year budget on capital expenditures, transportation and operations. Key issues include carbon tax/climate change, raising taxes, gun rights and dealing with mental health care.

The WNPA’s Olympia News Bureau during each session might be the most valuable of our offerings.

In a time of tight budgets and dwindling newsroom staffs, our weekly papers can count on having fulltime representation with timely and to-the-point stories.

The bureau this year has four full-time reporters and four volunteer editors. It is led by past WNPA President Sandy Stokes, the former owner and editor of the La Conner Weekly News. Stokes

Tune in to WNPA podcasts Reporters and editors who want to improve their reporting can now log on to WNPA’s podcast site and listen to experts tell how they approach their stories.

Currently on the site are interviews with Les Zaitz, owner and Publisher of the Malheur Enterprise. Les and his

staff are redefining how community papers approach reporting. Also, Eli Sanders, Pulitzer Prize winning writer for the Stranger in Seattle, talks interviewing and narrative writing techniques.

To find the podcasts, go to wnpa.com and click on the podcast tile in the middle of the home page.

is to be commended on her commitment to journalism in her voluntary position.

I am one of the editors and by the time you read this will have met with the reporters on their first day.

We will push for timely stories that will be welcomed by your readers.

In the past many of the stories were longform and several days old before they were sent out. Last year we switched that up.

Now the WNPA Olympia News Bureau reporters file stories daily, with word counts that work for our weekly papers.

I urge editors to take the stories and then add your local representatives and sources to tailor them for your newspaper readers. The stories will start to roll out the first week

of the session and are available through Google Docs.

This year’s reporters include three from the University of Washington’s school of journalism and one from Washington State University.

If you have questions, concerns or guiding wisdom, feel free to call Bureau Chief Stokes at 360-421-2269.

The WNPA is here to make your operations more valuable for your readers. Please take advantage of our efforts to bring you the stories on the legislative session which matter to your readers.

Michael Wagar is the President of Lafromboise Communications and this year’s WNPA president.

Officers: Michael Wagar, President; Patrick Grubb, First Vice President; Eric LaFontaine, 2nd Vice President; Sandy Stokes, Past President.

Trustees: Colette Weeks, Caralyn Bess, Roger Harnack, Scott Hunter, Steve Powell, Teresa Myers and Michelle Nedved.

THE WASHINGTON NEWSPAPER is the offical publication of the Washington Newspaper Publishers Association. It is published monthly by WNPA, PO Box 389, Port Townsend, WA 98368.

Staff Fred Obee: Executive Director: 360-344-2938 Email: fredobee@wnpa.com Janay Collins, Member Services Director: 360-344-2938. Email: ads@wnpa.com

PRA: Committee fails to reach consensus on privilege Continued from Page 1

ernor’s office was swamped with calls and emails from outraged citizens. Ultimately a deal was struck and Gov. Jay Inslee vetoed the bill. Creating a task force to study the issue was agreed to following the governor’s veto. The legal case has been appealed to the state Supreme Court, but it’s clear the Legislature still intends to introduce legislation this session.

The 15-member task force heard from a number of experts who looked at the way other states handle Legislative records.

Some states, like Delaware and Montana, specifically include state legislatures in their public records acts, Oklahoma excludes the legislature from the public records act, and some states have hybrid laws. Montana, for example, has no deliberative process exemption for records of its legislature

unless privacy would be violated.

States also vary on the treatment of constituent correspondence: California closed constituent correspondence from public disclosure, while Colorado exempts correspondence from disclosure where the constituent would have a reasonable expectation of privacy or made a request for assistance, the committee’s final report says.

Open government advocates pointed out the Public Records Act has many exemptions and already protects privacy rights in many circumstances.

Eric Stahl, of Davis Wright Tremaine, outlined three main principles to follow when adopting policies related to public disclosure. First, records are presumed to be subject to disclosure and any exemptions must be narrowly construed. Second, rules

for disclosure and exemptions should apply to the Legislature to the same extent that they apply to state agencies. Third, communications with a legislator or legislative staff about legislative work are matters of public interest and should be disclosable.

Ultimately, the committee decided on the following broad principles: • The Legislature should strive for greater transparency.

• There is a need to protect the right of privacy of individuals in their communications with legislators, beginning with existing exemptions of the Public Records Act and adding narrowly crafted exemptions as needed.

• The House and Senate should respond to record requests via a single office in each chamber, • An efficient, independent mechanism for handling disputes

should be established.

• It should be possible to get an independent advisory opinion as to whether a record is disclosable.

• Establishing a definition for a harassing request should be considered.

• Whistleblower protections should be extended to any communication with legislators.

• The Legislature should actively engage with stakeholders throughout the development of any legislation to implement these recommendations.

The final report of the task force says that the need for protection of the legislative deliberative process was considered at length, but the committee did not reach consensus on that issue.

Committee member David Ammons was an Olympia political reporter for The Associated Press for more than two decades,

a communications advisor to the Secretary of State for nine years and currently is vice chair of the state Public Disclosure Commission. In a written statement to the committee, he said: “I am struck by the wisdom of I-276 (the Public Records Act) and the transparency it provides, now more than ever. As a longtime fan and supporter of the Legislature, I really think there is a great opportunity to repair the damage caused by the 2018 legislation. It is no secret that many voters here and around the country are disengaged and/or cynical about politics and potential influences on their elected leaders.

Disclosure and open records, as ordained by the public nearly 50 years ago, are part of the solution and the healing. I commend this report as a starting point for your consideration.”

WITH OVER 60 YEARS OF EXPERIENCE, WE KNOW JOURNALISM. From public records to protecting journalists, from defamation claims to business needs, large and small Washington publishers turn to us.

DWT.COM Anchorage | Bellevue | Los Angeles | New York | Portland San Francisco | Seattle | Shanghai | Washington, D.C.

The Washington Newspaper January 2019 3

WNPA JOB BOARD FEATURES REPORTER The Chronicle in Centralia has an opening for a talented and enthusiastic features reporter, primarily assigned to our Lewis County Weekender special section and website lewiscountyweekender.com.

The ideal candidate will be comfortable writing anything from long-form features to event previews, in both the alternative style of the Weekender and the more traditional style of The Chronicle’s Main and Life sections, on assignment. The successful applicant will have an opportunity to take their own photos or work with a photographer, and will also be tasked with maintaining the section’s event calendar.

In addition to the Weekender, our newsroom produces three print editions per week, several special sections per year and posts content daily to our website, Chronline.com, covering news relevant to Lewis County’s 75,000 residents and surrounding communities.

We pride ourselves on the quality and quantity of the news we produce and are well-respected for our fierce commitment to the public’s right to know. In the past three years, our news staff has been recognized with six C.B. Blethen Memorial Awards for distinguished reporting from the Pacific Northwest Newspaper Association, a Key Award from the Washington Coalition for Open Government, and recognition from the Society for Professional Journalists.

We take our job seriously, but we have fun

doing it. We’re a scruffy, young newsroom with a passion for what we do.

Photography skills are a plus. We’d prefer a candidate with a few years of experience but will take applications from talented grads.

The position is fulltime — 40 hours per week. Medical, dental, 401k and paid time off are offered for full-time employees. The Chronicle is located in Lewis County — a 90-minute drive from Seattle, Portland, two active volcanoes and the rugged Washington coast and offers some of the best outdoor opportunities in the region.

If you think you’d fit in well with our newsroom, send a cover letter, resume, clips and references to Editor Natalie Johnson at njohnson@ chronline.com.

DIGITAL SALES & MARKETING EXECUTIVE We are hiring a Digital Sales & Marketing Executive to develop relationships with businesses throughout the Pacific Northwest. The Digital Sales & Marketing Executive will focus his/ her energy on developing revenue by selling digital marketing products that will deliver powerful results to clients. The position plays a vital role in the company’s overall growth strategy by building key customer relationships, identifying new opportunities, negotiating and closing business and maintaining customer relationships through excellent customer care and communication.

The ideal candidate will be a seasoned sales representative with strong digital sales

4 The Washington Newspaper January 2019

experience and a great reputation. He/she will have a solid understanding of the sales process, be digitally-savvy in multiple platforms and have a proven track record of prospecting, developing and closing new business.

If you see yourself working directly with

our customers in a collaborative, creative, fun and digitally-facing environment, contact us at hr@eomediagroup.com with your resume and letter of interest stating salary expectations.

SALES REPRESENTATIVE The Port Townsend

Leader seeks a sales representative who can increase print and web advertising sales. The Leader wants a natural, someone who is not only motivated but can motivate others, can juggle multiple deadlines without breaking a sweat and stay on target for making goals each month.

To succeed, you’ll need experience in sales and knowledge of print and digital advertising.

Must be creative, detail oriented, outgoing and proactive. We are eager to meet you. Email Kelli Ameling at kameling@ ptleader.com or mail to: 226 Adams St., Port Townsend, WA 98368.