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THE WASHINGTON NEWSPAPER
Intern office ready in Olympia Page 3
January 2020
Journal of the Washington Newspaper Publishers Association
Supreme Court rules for media coalition State lawmakers are subject to Public Records Act; next steps contemplated
The Washington Supreme Court ruled in December that the state Public Records Act fully applies to lawmakers, essentially upholding the lower court’s ruling in a lawsuit filed by a coalition of media organizations. The decision comes almost six months after the court heard arguments in the case made by media
coalition attorney Michele Earl Hubbard. She represented 10 media organizations led by the Associated Press which sued the Legislature in 2017 challenging the long-held assertion by legislators that they were not subject to the Public Records Act. The justices found for the media coalition in a 7 to 2 decision. The media coalition is
now contemplating next steps, including seeking fees to cover its costs in bringing the suit. Also, the coalition and government watchdog groups are watching closely to see what legislators might propose in the 2020 session that starts Jan. 13. The Supreme Court upheld the Thurston County Superior Court ruling from January 2018
Employee union pressing legislators on birthdate ruling The Washington State Supreme Court ruled late in 2019 that government employee birthdates are public information, but now public employee unions are pushing back and advocating for a reversal of that decision. Mike Yestramski, President of the Washington Federation of State Employees, in an opinion circulated recently in a pro-union newsletter, urged union members to seek a legislative fix. “Contact your legislators and ask them to support House Bill 1888, legislation that would revise our state’s outdated public disclosure
law and keep your birthdate private,” Yestramski wrote. Although Yestramski aims his argument at privacy concerns, not far below the surface is a fight between public employee unions and the Freedom Foundation, a conservative think tank that works aggressively to inform public employees about their rights to not join a union. In fact, it was a lawsuit between the two groups that resulted in the Supreme Court decision. “We take intrusions into our private affairs, personal information, and personal safety very seriously,” Yestramski See BIRTHDATES, Page 4
that while the offices of individual lawmakers are subject to the Public Records Act, the House and Senate were not. The Legislature appealed the portion of the ruling that applies to the legislative offices, and the media coalition appealed the portion of the ruling that applies to the House and Senate. While the media
won the argument that individual lawmakers must release records, a majority of the Supreme Court justices ruled that the institutions of the Legislature, the House and the Senate are not required to. The Legislature has made a series of changes to the PRA in the decades since the act was adopted in 1972, and lawyers for
Players battling for a rebound proved to be an award winner for Rachel Ciampi of the Kent Reporter in the 2019 Better Newspaper Contest.
the House and Senate have regularly cited a 1995 revision in their denials to reporters seeking records. The House and Senate release limited records, including travel and payroll records and reports submitted to the Legislature. Attorneys for the Legislature had argued that changes in 2005 and
See RECORDS, Page 2
Interns prepare for legislative coverage
Two interns funded by the WNPA Foundation will begin work this month covering the state Legislature for WNPA member newspapers. They are Cameron Sheppard, a senior at Washington State University, and Leona Vaughn, a senior at the University of Washington. Sponsors for this year’s internships are the University of Washington, Washington State University and the Columbia Basin Herald. The news bureau in Olympia will once again be managed by Sandy Stokes, who
See INTERNS, Page 3
RECORDS: Court rules for the media
Twenty news or2007 definitively reganizations and open moved lawmakers from government groups disclosure requirements. signed on to three The Legislature, briefs in support of which normally would the media coalition, be represented by the including the Washingstate attorney general’s ton Coalition for Open office, chose instead Government, Reporters to use two private law Committee for Freedom firms to represent it in of the Press, Reporters the case. The LegisWithout Borders and lature has spent about the Society of Profes$350,000 to date fightsional Journalists. ing the case. Besides AP and The attorney generWNPA, the groups al’s office filed a brief involved in the lawsuit before the high court are The Daily Herald similar to one filed be- and its parent, Sound fore the superior court, Publishing; public stating that each lawradio’s Northwest maker is fully subject News Network; KINGto the public disclosure TV; KIRO-TV; Allied law but that the House Daily Newspapers and Senate are subject of Washington; The in a more limited man- Spokesman-Review of ner, with the law speSpokane; Tacoma News cifically defining which Inc.; and The Seattle records must be made Times. available for release by the House and Senate Portions of this story through the offices of were first reported by the chief clerk and the Rachel La Corte of the secretary of the Senate. Associated Press.
Continued from Page 1
Officers: Patrick Grubb, President; Caralyn Bess, First Vice President; Steve Powell, Second Vice President. Trustees: Roger Harnack, Scott Hunter, Teresa Myers, Pili Linares, Eric LaFontaine 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 2 The Washington Newspaper January 2020
FROM THE PRESIDENT
Fast lesson on how things work proves the value of open records By Patrick Grubb In 1980, I moved to New York City from Vancouver in pursuit of the woman who became my wife. Her father, a stalwart and conservative Bostonian, was a Grubb little nonplussed about the arrival of an unemployed suitor but wasted little time in arranging interviews for me. One morning I found myself on a train from Manhattan to Providence, Rhode Island to meet a friend of his who was a state senator there. Lunch was at an exclusive club and our conversation was continuously interrupted as various people, all male, stopped by to say hello. Three of them were former governors and a number of them were fellow senators. It was a highpowered congregation, for sure. After a short Q & A to ascertain my interests and goals, my senator told me we would be joined by an executive from a national cable company that was seeking the franchise
in the area. A short conversation ensued. “This young fellow is interested in marketing. Do you have any openings in your marketing department,” the senator asked. “I suppose we do,” was the reply. “He would need to know the title and the position,” the senator riposted. After some hemming and hawing, the man said, “How about assistant vicepresident of marketing?” That sounds good, replied the senator but added that I was planning on getting married in a few months and would need to be able to support a family. How much would he be paying the new vice-president? “$35,000” was the answer, instantaneously more than doubling my previous salary as a magazine distributor sales representative just one month before. Turning his gaze on me, the senator asked how did that sound? It sounded fine and just like that, I was offered the position. For a young hick from Canada, this was a fast lesson in how things worked in the real world. And because we live in that kind of a world, it is good news indeed that
Washington Supreme Court upheld in a 7-2 vote on December 19 that individual state legislators are subject to the Public Records Act and must disclose records such as calendars, staff complaints and emails from lobbyists etc. upon request from members of the public. The decision came as a result of a lawsuit filed by a coalition of media organizations in 2017. The coalition, led by the Associated Press and the Seattle Times, included the Washington Newspaper Publishers Association (WNPA). The judge in that case, Thurston County Superior Court Judge Chris Lanese, ruled in January 2018 that the records of individual Washington state lawmakers are subject to public records law. Not only did the legislature appeal that decision, it also rammed through a bill in 48 hours that would have exempted its members from the Public Records Act. The bill was vetoed by governor Jay Inslee after he received close to 20,000 emails, calls and letters from the public after the media raised a ruckus. Another
bill proposed by Democratic lawmakers was withdrawn in 2019 after being subjected to withering criticism. The continuing efforts of lawmakers to escape public scrutiny obligates the media to keep a close eye on Olympia to make certain they don’t once again try to pass one over us. The WNPA has two legislative reporter interns, Cameron Sheppard from WSU and Leona Vaughn from UW, beginning next week who will be our watchdogs during the session. Although the Public Records Act could stand some improvement, it still allows the public a window into the machinery of lawmaking and that is a good thing. Just like we want to know what’s in the sausages we’re eating, we should know what’s behind the laws that are being passed in our names. By the way, I never took the job. Who the heck wanted to live in Providence in the 1980s?
Reporters and editors who want to improve their reporting can now log on to WNPA’s podcast site and listen to experts in the field 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. If you want to know how your
paper can prosper, Les has some ideas. Also, Eli Sanders, Pulitzer Prize winning writer for the Stranger in Seattle, talks interviewing and narrative writing techniques.
Also on the site is columnist Shawn Vestal and former Mother Jones Editor Mark Dowie. To find the podcasts, go to wnpa.com and click on the podcast tile in the middle of the home page.
Patrick Grubb is the Publisher of The Northern Light in Blaine and this year’s WNPA President.
Improve your journalism; listen to the pros
INTERNS: Foundation news bureau to open soon Continued from Page 1
has guided the internship program in Olympia for the past three years. The interns this year will work from new foundation offices on the capitol campus. A new website, which is just now going live, will carry all the stories the interns produce. Look for a separate announcement on that soon. The website is envisioned as a year-round fundraising tool for the Foundation. Ultimately, depending on funding, the Foundation hopes to expand the newsgathering beyond the legislative session. The system will continue to work as it has in the past. WNPA member
newspapers will have stories emailed to them, as has been the case Sheppard in past years. Sheppard said he applied for the internship after Vaughn developing a passion for journalism. “I believe journalism is a profound and noble professional endeavor and as
a news reporter within the Palouse community I have been proud to craft stories about the local issues and topics that impact my community,” he said in his application letter. “I welcome the chance to challenge myself through this internship.” Vaughn said her peers encouraged her to apply. “Since starting my pursuit of journalism at the University of Washington, I’ve heard nothing but amazing things about the Olympia Legislative Reporting Program. With this being my last year at the UW, I figured I’d finally swallow my fear of venturing so far out of my comfort zone and apply for the program.”
The WNPA Foundation intern office in Olympia is equipped with two work stations and conference table.
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The Washington Newspaper January 2020
BIRTHDATES: Union pushing back in Olympia
Continued from Page 1
wrote. “We have made numerous attempts in the courts, including cases at all levels of the state court system, to curb these abuses of the Public Records Act — particularly by organizations desiring to harass public employees about their union membership. “Groups like the Freedom Foundation misuse the provisions of the Public Records Act to
gather public employees’ personal information and contact them in hopes of persuading them to give up their voices at work,” Yestramski wrote. The Supreme Court considered that argument and ruled public employee birthdates are not confidential and can be disclosed in public records requests. The court issued its decision Oct. 24 in a split decision, 5 to 4. “This case requires
us to decide whether state employees have a protected privacy interest against disclosure of public records containing their birth dates associated with their names,” said Justice Debra Stephens, writing for the majority. “We conclude that the Public Records Act does not exempt these records from disclosure. Nor does Washington Constitution article I, section 7 preclude disclosure, given
that names and birthdates are widely available in the public domain and that their disclosure here does not violate privacy rights.” The case was brought by the Evergreen Freedom Foundation. The Washington Newspaper Publishers Association supported the filing in an amicus brief filed by Eric Stahl of Davis, Wright, Tremaine. Public access ad-
vocates for years have argued that birthdates should not be confidential and are essential to the proper identification of people in databases and news stories. It is the single piece of information that separates people with common names. Using birthdates to identify people actually protects individuals from being mistakenly identified, when, for example, someone with a com-
mon name is arrested on criminal charges. People in the neighborhood will know, that the 24-year-old suspect is not the same person as their 60-yearold neighbor, journalists argue. Washington journalists often point toward stories where birthdates were used to identify school bus drivers who had convictions for driving under the influence of drugs or alcohol.
Legal hotline is for emergency Save the date: Legislative help; Call WNPA for assistance Day is Feb. 13 in Olympia By Fred Obee At WNPA, we are devoted to helping our member newspapers protect themselves from lawsuits, libel actions and other legal difficulties. The hotline, as we’ve always referred to it, was established many years ago to get quick legal advice from an attorney when members faced a legal emergency. For years, we kept an attorney on retainer and members were allowed to call the attorney directly, and during this time the use of the hotline expanded. People were calling about lots of non-emergency issues the WNPA staff was qualified to handle. Many of these nonemergency questions concerned access to meetings and documents, questions about becoming a legal newspaper, copyright infringement, what the rules were for housing ads in classified columns, human resource questions and
plenty of other issues. Ultimately, the WNPA Board of Directors decided that keeping an attorney on retainer to answer these non-emergency legal questions was veering pretty far from the original purpose of our legal hotline, and the board decided to rein in use of the hotline for nonemergency questions. Our policy today is this: If someone serves you with a subpoena, presents you with an order to turn over files, files a lawsuit against you, issues you a summons to testify, or takes some other legal action against you that requires an immediate response, you should call WNPA first to get clearance to talk to our hotline attorney. If you face a legal emergency, WNPA will connect you with Michele Earl Hubbard, an attorney well known to WNPA members, and she will tell you what your legal options are and what steps you need
4 The Washington Newspaper January 2020
to take next. WNPA members can retain the hotline attorney for any follow up beyond the scope of the hotline, such as writing a letter to the complaining party or their attorney or defending a lawsuit. This consultation is limited to one hour and is paid for by WNPA. You can choose to retain Earl Hubbard after the consultation, or you can select a different attorney. The reality is that most of the questions our members face can be answered by the WNPA staff. When we face a particularly vexing issue about open records or meetings, we can collaborate with the attorneys at the Washington Coalition for Open Government and get a quick response. The WNPA staff is available at almost any time of the day, any day of the week. Our office phone is 360-344-2938. If we are out of the office, you can call my cell phone at 360-301-6453.
Allied Daily Newspapers of Washington and WNPA descend on Olympia Thursday, Feb. 13 for this year’s Legislative Day. Final details are being nailed down now. Online registration will open at wnpa.com most likely within the next week. The day starts promptly at 10:30 a.m. A brown bag lunch will be served. We will hear from Legislative leaders from the House and Senate and statewide elected officials. Following the briefing, participants will move to the Temple of the Justice reception room for a reception. Following the reception, the event moves to the Governor’s Mansion and dinner with Governor Jay Inslee and First Lady Trudi Inslee. Photo identification is required for entrance to the Governor’s Mansion. If this year is like past years, you will be heading home from the Governor’s Mansion at about 7:30 p.m.
Gov. Jay Inslee addresses the crowd after the Legislative Day dinner in 2019.
WNPA JOB BOARD REPORTER Sound Publishing Inc. is seeking a general assignment reporter with news writing and photography skills to contribute content toward seven weekly publications covering communities in the north and east King County. This position is based out of the Kirkland office. Primary coverage will include city government, crime, business, schools, arts, and general assignment stories. The schedule includes evening and/or weekend work. Candidates must have excellent communication and organizational skills and must be able to work effectively in a deadlinedriven environment. Previous journalism experience is required along with proficiency in AP style, photography and digital imaging using Photoshop. Video skills are a plus. We offer a competitive hourly wage and benefits package including health insurance, paid time off (vacation, sick and holidays), and 401K (currently with an employer match.) Email your cover letter, resume and five examples of your best reporting to careers@soundpublishing.com. Please include “ATTN: GenRepECK” in the subject line. Sound Publishing is an Equal Opportunity Employer (EOE) and strongly supports diversity in the workplace. Check out our website to find out more about us at www.soundpublishing.com. REPORTER Would you like to live in one of the most beautiful places in the country? Do you want to be part of a community that cares
about the land and each other? And do you aspire to do the kind of journalism that serves the community and uses modern tools without abandoning long-held principles? Consider the Methow Valley News, a 116-yearold, locally owned weekly near Washington’s North Cascades mountains. We are seeking a full-time news and feature reporter to help provide coverage of a rural but sophisticated community that values good journalism. We are a small organization with big ambitions. In 2015, the News won the SPJ Excellence in Journalism national award for deadline reporting by weeklies. Check our website, www. methowvalleynews.com, to see some of the special projects we have done over the past several years. We also have a very active social media presence and are committed to being a daily news and information source in addition to our print product. News reporting and writing experience required, as are the ability to meet firm deadlines; the willingness to work nights and weekends as necessary; and photography skills. Design experience is a bonus. This could be an entry-level position for the right person, but we are looking for someone who already knows how to do journalism and is eager to join an experienced, capable staff. Salary is competitive and will depend on experience; health care coverage is available. The position is open January; relocation to the Methow Valley is required. Submit a cover letter, resume and representative work samples to editor@ methowvalleynews.com.
MANAGING EDITOR The Davenport Times is looking for a managing editor to lead news coverage of rural Lincoln County, including the cities of Davenport, Reardan and Harrington. The managing editor is responsible for reporting on issues, people, business, sports and community events. Candidates must be able to work independently, meet deadline goals and serve as the representative of the newspaper. Pagination and photography skills a plus. The Times reaches about 90 percent of the homes in its circulation area. Our readers and advertisers want, and expect, a professional journalist to continue a longstanding tradition of providing the best local coverage of city and county government, schools, law enforcement, agriculture and sports. While you’ll be the journalist in charge of our Davenport location, you’ll be a part of a larger Free Press Publishing news team that includes staff in Spokane Valley, Cheney and Ritzville/Adams County. Email a cover letter, resume and references to Publisher Roger Harnack at roger@cheneyfreepress. com. No phone calls, please. GENERAL REPORTER Reporter sought for Port Angeles staff opening with the Peninsula Daily News, a six-day a.m. newspaper on Washington’s beautiful North Olympic Peninsula, which includes the cities of Port Angeles, Sequim, Port Townsend and Forks. Bring your experience from a weekly or small daily - - from the first day, you’ll be able to show off
the writing and photography skills you’ve already acquired while sharpening your talent with the help of veteran newsroom leaders. This is a general assignment reporter position. Compensation includes medical, vision, life insurance, 401(k) and paid vacation. The PDN, more than a century old, is a community-minded, family-focused local newspaper and Web enterprise that is the main news provider for the North
TURN ON THE LIGHT…
Olympic Peninsula. Check us out at www.peninsuladailynews.com. The Peninsula Daily News is part of Washington state’s largest newspaper group, Sound Publishing Inc. If you meet the above qualifications, email your resume and cover letter addressing how you fit our requirements, to careers@soundpublishing.com. No phone calls, please. Sound Publishing, www.soundpublishing.com, is an Equal
Opportunity Employer and strongly supports diversity in the workplace. INSIDE SALES REPRESENTATIVE Are you ready for an exciting career with your community newspaper? Sound Publishing, Inc. has an immediate opening for an Inside Sales and Administrative Assistant at our Whidbey NewsTimes office. This position will involve inside sales as Continued on Page 6
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WNPA JOB BOARD Continued from Page 5
well as oversee the office and answer incoming phone calls. The candidate will assist the Sales Consultants, enter display advertising orders into our layout system, and issue reports for the Publisher as needed. They will also order office supplies, handle payments for the office, make deposits as instructed and assist with local Circulation issues. Essential to this position is flexibility, excellent organizational and time-management skills, and the ability to juggle concurrent projects. We offer a competitive hourly wage and benefits package including health insurance, paid time off (vacation, sick, and holidays), and 401k with employer match. If you’re interested in joining our team, then we want to hear from you! Email your cover letter and resume to: careers@soundpublishing. com and please be sure to include ATTN: WNTINSIDE in the subject line. Sound Publishing, Inc. is an Equal Opportunity Employer (EOE) and strongly supports diversity in the workplace. Check out our website www.soundpublishing.com to find out more about us!
someone who understands journalism, can write accurate and compelling stores, is organized and has an eye for page design. A degree in journalism and knowledge of Adobe InDesign are preferred but not required. This is a full-time position that includes excellent benefits that include medical, dental, life insurance, 401k, paid vacation, sick and holidays. EOE. No calls, please. Send resume with cover letter and salary requirements to careers@soundpublishing. com and make sure to include “special sections coordinator, Whidbey” in the subject line.
INVESTIGATIVE/ ENTERPRISE LEAD The Daily Herald seeks an experienced and tenacious journalist to lead our increased focus on investigative and enterprise reporting. This is a senior-level newsroom position reporting to the executive editor. We are looking for someone with a demonstrated record of identifying, reporting and writing both daily and long-term investigative and in-depth enterprise stories and who has the ability to collaborate with and lead newsroom colleagues. We want to produce SPECIAL SECTIONS multimedia stories and COORDINATOR projects that hold the Sound Publishing Inc.’s powerful to account, two island newspapers, identify injustice, expose the Whidbey News-Times abuse and lead to posiand South Whidbey tive change. We’re lookRecord, seek a candidate ing for a relentless digto assist with production ger and gifted storyteller of our award-winning spe- who can inspire others. cial sections and to write Candidates must feature stories for the show a track record of publications. managing investigative This position requires and enterprise projects. 6 The Washington Newspaper January 2020
They also must be able to work independently as well as collaborate with reporters across the newsroom to develop and produce investigations and enterprise. The job presents the opportunity to advance to senior newsroom management. Salary commensurate with ex-
perience. The Daily Herald with its website, HeraldNet. com, has been the leading news and information source in Snohomish County, Washington, for more than a century. We are in Everett, a vibrant and growing community 30 miles north of Seattle, framed
by Puget Sound to the west and the Cascade Mountains to the east. If you meet the abovenoted qualifications and are seeking an opportunity to be part of an awardwinning media company, we’d love to see meet you! Please email your cover letter, including salary requirement and
resume to careers@soundpublishing.com and be sure to include ATTN: I/E Lead in the subject line. Sound Publishing is an Equal Opportunity Employer (EOE) and strongly supports diversity in the workplace. Visit our website to learn more about us! www.soundpublishing. com