The Washington Newspaper, February 2019

TWN

THE WASHINGTON NEWSPAPER February 2019

Olympic Peninsula news outlets featured Page 3

Journal of the Washington Newspaper Publishers Association

Draft law carves broad exemptions in records act Legislature seeks to once again shield deliberations from public

By Emma Epperly WNPA Olympia News Bureau Legislation proposed on the last day of January would largely exempt state legislators from the Public Records Act, according to the attorney who led the fight against a similar bill last year.

SB 5784 is currently scheduled for a hearing at 8 a.m. Feb. 13. Cancellation because of weather conditions is possible.

Last year, the Legislature tried to pass a bill to exempt themselves from the Public Records Act after a Thurston County Superior Court judge ruled in that the legislature was subject to the Public Records Act and had not been in compliance for years.

Both sides appealed the decision and litigation is still ongoing in the Washington Supreme Court.

A public outcry over last year’s bill led to the intervention of governor Jay Inslee who negotiated a truce between the Legislature and the media coalition, which sought to force the lawmakers to adhere to the requirements of the act.

This year, Senate Bill 5784, sponsored by Senator Jamie Pedersen, D-Seattle, explicitly outlines exemptions that would apply to the legislature. “The

people of our state value both open government and effective government. This bill attempts to strike a balance between those important principles,” Pedersen said.

Michele Earl-Hubbard of Allied Law Group, who represented 10 news organizations, including the Associated Press, the Washington Newspaper Publishers Association, and the Seattle Times, in the suit against the legislature, said the bill is unsatisfactory.

The new bill introduces the term “legislative branch” which is defined as including the Senate, House of Representatives, and the Legislative Ethics Board, joint committees and “any other agency that is subject to the direct control of the Senate or House of Representatives.” The legislative branch term is carried throughout the bill, as an addition to “state agency,” previously used in the bill.

In the court ruling, the legislature was not considered an agency; however, individual legislators’ offices were considered agencies, making them subject to the Public Records Act. Earl-Hubbard said she “can’t see what’s left that the public See PRA, Page 2

Bound volumes are county records stored in the Washington State Archives building.

Records have been damaged by water, but none were completely lost in the incidents.

– Photo by Emma Scher, WNPA Olympia News Bureau

Washington’s original constitution in a building that keeps flooding

By Emma Scher WNPA Olympia News Bureau In the Washington State Archives building, records are tightly packed in shelves, file boxes, and leather-bound books so large they look like they belong in a Hogwarts library.

Some records stored in this building are older than Washington state itself — but these records are at risk of damage due to poor infrastructure that has led to leaks and flooding in the building.

Funding for a new archives building is at the top of the

Washington Secretary of State’s legislative agenda this session.

According to Secretary of State Kim Wyman, the issue has been raised for years and the risk needs to be addressed immediately. The building has had four water leakage or flooding incidents in the last nine years.

The current State Archives building is 57 years old has been at capacity since 2006, and currently has 238,000-cubic-feet of space taken up by storage. Many of the storage rooms lack modern fire suppression and flood management systems.

The building’s “disaster recovery equipment” consists largely of mops, buckets and water vacuums.

“We have a lot of security and controls to protect the records but the thing that is working against us is nature and the design of this building,” said Wyman. “We’re talking about the state’s history.”

The most recent incident was in April 2014, when a water line broke on a Monday morning while the office was still empty.

Employees came in to find the

See ARCHIVES, Page 3

PRA: WNPA attorney “very disappointed” Continued from Page 1

tive report and determinawould get to see” under tion on the allegations the proposed bill. The pro- would be released after a posal would distinguish determination is made. legislators from other At least, said Toby elected public officials Nixon, president of the in that they would not be Washington Coalition subject to the same laws, for Open Government, she said. It “they’re putting would also consomething on the tinue to restrict table so we can information on start talking about misconduct althe issues.” The legations, which bill last year was Earl-Hubbard passed without says was at the discussion and on heart of the meshort notice, said dia’s lawsuit.

Nixon.

“I was very “I can’t see Section 111 of disappointed the bill outlines what’s left when I read specific permathe bill,” said that the nent legislative Earl-Hubbard. public would exemptions that “This is beneed to be cited in get to see.” denying a request. ing hyped as legislators • Michele Earl These exemptions claiming to include: Hubbard have heard the • investigamessage from tive records that the public last are generated year.” before a determination In response to critiof reasonable cause or cism, Pederson emphadismissal of a complaint sized that changes will be before the legislative made to fine-tune the bill ethics board or within the as it moves through the legislative branch; legislative process.

• memoranda from On releasing misstaff or legislators that conduct records, Pedcontain legal, policy, or erson said he and his fiscal options, analyses, colleagues worry that a models, or analytical lack of protections could tools; cause a “chilling effect” • records of internal for those coming forward caucus communications with misconduct allegalike leadership votes; tions. “If coming forward • notes taken by staff in this environment or legislators for the use means everything you of the person taking the say can end up on the notes; front page of the Seattle • negotiations between Times, you might choose legislators or caucuses to suffer in silence,” said on bills, records of how a Pederson. legislator intends to vote Under Pederson’s either in committee or in proposed bill raw ina chamber of the legisvestigative material like lature; witness statements would • drafts of bills or be withheld from public amendments that were record but the investiganever introduced.

2 The Washington Newspaper February 2019

FROM THE PRESIDENT

Our journalism makes communities more effective, efficient & responsive This past six months the journalism staff at The Chronicle headquartered in Centralia, one of three papers I oversee as president of Lafromboise Communications, broke two key stories that directly impact the quality of life of people living in our circulation area.

Wagar We have a series of libraries under the same umbrella, and the executive director was going to close several of them, specifically those in our rural communities.

She told the staff to keep it hush-hush. We got wind, brought transparency into the process and those libraries are still open.

This past month we had a county agency leading our transit bus system that also went sideways, giving out erroneous impacts if a taxing measure did not pass, publishing incorrect information in an “informational glossy flier,” that was deemed campaign material.

The problem is there was no indication on the flyer where the information was coming from or who was paying for it.

Our reporter kept on digging. Employees of the agency started talking. They eventually put pen to paper and claimed the executive director was failing.

Our reporter didn’t stop his examinations. He found out the director had been found guilty of embezzlement, a felony convic-

tion. The director failed to disclose this on his job application form. This past week he resigned.

Without The Chronicle, both the library closures and the continuance of poor leadership at the transit agency would have continued.

What we do really does matter. Often, we don’t remind the public of the importance of local, independent news sources. I urge all owners, publishers and editors to make it a practice of reminding their readers of the ways our work makes our communities more efficient, professional and assists our governments to spend our dollars efficiently.

A study that came out this summer laments the loss of journalism due to staff cuts and unfortunately, newspaper closures.

Josh Stearns, the program director of the Public Square Program at the Democracy Fund, is described as a journalist, community builder and civic strategist.

He has worked as the director of journalism for the Geraldine R. Dodge Foundation and press freedom director at Free Press.

In “How We Know Journalism Is Good For Democracy,” he wrote at least 900 communities in the United States have experienced “profound erosion in their access to local news” since 2004. The term “news deserts” is now part of the lexicon in journalism circles.

Stearns believes a healthy democracy needs quality journalism, and he backs up his words with several studies.

He cites several examples that conclude civic engagement drops when newspapers close. Political knowledge, voting numbers and the number of people running for office fall away.

Testimony to the Federal Trade Commission based on a study in 2009 stated those that read a newspaper can influence non-voters to vote by a 13 percent increase. Thirteen percent usually is easily the difference in a voting outcome.

It is simple to understand. A lack of newspaper coverage leads to voters being less informed and less likely to vote.

Another study states, “Congressmen who are less covered by the local press work less for their constituencies,” and that “federal spending is lower in areas where there is less

press coverage of the local members of congress.”

A separate study states “each dollar spent on stories can generate hundreds of dollars in benefits to society.”

A review of municipal bond data in the years following a newspaper shuttering its doors creates higher government costs due to the lack of the watchdog work of journalists. The review states cities lacking newspaper oversight have higher long-term borrowing costs which goes directly to your readers’ wallets.

What we do matters.

These are trying times with attacks on us over “fake news” in an industry struggling to maintain profits.

I urge you to remind our communities that we need their support to help build better communities.

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

Archives: threatened Continued from Page 1

facility’s research room under two inches of water.

The water leaked through the floor and into the records rooms the floor below. In preparation of future incidents, staff placed markers on the floor where water had leaked.

The dots mark spots, “where we had waterfalls, so in the future we know where to put the buckets to start the process,” Wyman said while giving a tour of the facility.

So far, no records have been lost in the leakage, fire or flood incidents.

A new building would cost about $108 million to design and finance, and Wyman’s office is asking the Legislature to grant a certificate of participation

to pay off the building in increments. According to the Washington State Treasurer’s Office, the agreement is similar to a lease-to-own, so the cost of the building will be paid off over time.

“If the Legislature said ‘go’ we’d hopefully be breaking ground by the end of this year,” said Wyman. “We’re ready to go we’re just waiting for the green light.”

A certificate of participation requires approval in the capital budget.

House Capital Budget Committee Chair Rep. Steve Tharinger, D-Sequim, declined to comment on whether the Secretary of State’s request is on the committee’s radar for this biennial budget.

Olympic Peninsula news outlets featured A new book crafted by a Northwest reporter on the history of the newspapers and broadcast media on the North Olympic Peninsula is now available.

The book, ‘Strait Press,’ is far more than a history of the media; it also includes an educational trip through each of the Olympic Peninsula’s major cities, unveiling how the media covered the big events; why it took more than 30 years to establish Olympic National Park and many more big stories. It contains interviews with local journalists who covered events that shaped the region.

The important families who owned newspapers for more than a half-century also are discussed, along with many humorous anecdotes.

A complete index will help the reader navigate the book’s 636 pages, which includes more than

55 years. Among others, he has worked for the Daily Olympian, Peninsula Daily News in Port Angeles and the Daily World in Aberdeen. In 2015, he was commissioned by Brown M. Maloney to write Strait Press. In 2014, he authored his first book· John Tornow: Villain or Victim? a non-fiction account of a man alleged to have killed his two nephews in 1911.

Strait Press: A History of News Media on the North Olympic Peninsula, is published by iUniverse, Bloomington, Ind. It is available in hardcover, softcover and e-book formats for Kindle and Nook.

Strait Press is a new book on The book is available at OdysOlympic Peninsula news or- sey Book Store and Port Book and ganizations.

News in downtown Port Angeles. It is also available at KONP 150 photos.

The book’s author is Olympia, Radio, 721 E. First St., Port Angeles and from the author at Wash. resident Bill Lindstrom, bill.lindstrom114@gmail.com or 76, now retired. Lindstrom has 360-581-9451. been a journalist for more than

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 February 2019 3

Coalition for Open Government sets Legislative priorities for 2019 session The Washington Coalition for Open Government has established the following priorities for legislative action during the 2019 session. The Coalition encourages its members and concerned citizens throughout Washington to contact members of the Legislature and encourage their support for these priorities.

Treat Legislative Records the Same as Other Public Records.

The people have a right to know who is seeking to influence our laws, and the basis for the choices lawmakers make. The records of our city councils, county commissioners, school boards, and other governing bodies are open to public inspection, and so should be the records of state legislators! State legislators should be subject to the Public Records Act like every other legislative body in the state, with appropriate exemptions that are in the public interest.

Advisory Committee Meetings Should be Open to the Public. Public agencies often create boards, committees, task forces, or other groups to analyze policy alternatives and make recommendations. Too often these advisory groups meet outside the public eye, so people can’t see what options were considered and understand why some were excluded. All this work should be open to the public, with meeting times and places announced in advance. Let’s stop developing policies in secret!

Reimburse Records Requestors Forced to Defend Against an Injunction.

Sometimes when a public records request is made and the agency says it plans to release the records, a third party will sue to block release. The requester is then forced to pay an attorney to fight the injunction to get the records. Today

the requester can’t recover their legal costs. Requesters who win in court and get the records they asked for should always have their legal costs paid by the losing party. The Sunshine Committee has recommended this change as well.

Public Employee Birthdates Must Remain Public. We oppose making public employee birthdates exempt from disclosure under the Public Records Act. Many people have the same or similar names, and the only way to tell them apart is to know their birthdate. This is important when comparing records across databases, such as when checking to see if public employees have criminal records or have been previously fired for inappropriate behavior. A birthdate by itself can’t be used for identity theft, and they have traditionally been public information.

Transparency, technology conference set for March Secretary of State Kim Wyman will be the keynote speaker at Transparency Through Technology, a new conference sponsored by the Washington Coalition for Open Government, scheduled for Friday, March 29 at the Lynnwood Convention Center.

The event features speakers, exhibits and panels exploring how technological tools can enhance access to and management of public

TURN ON THE LIGHT…

Bill seeks to prevent stalking through records requests A bipartisan group of 34 representatives seeks to shield public employees who are harrassed or stalked on the job through public record requests.

House Bill 1692 was introduced by Rep. Laurie Jinkins, D-Tacoma, after she said one of her constituents was repeatedly harassed at her job.

“The bill is intended to cut off harassment once an agency has done an investigation and taken action,” said Jinkins at a public hearing.

The bill says “an agency may not disclose

records concerning an agency employee who has made a claim of harassment or stalking with the employing agency, if the record is requested by a person alleged in the claim to have harassed or stalked the agency employee and the agency reasonably believes that the alleged act occurred.”

Critics argue the bill contains language that is too broad, confers privacy rights well beyond the usual standards and that records could be withheld only on an allegation, not a conviction or actual

court order.

Critics also point out that the bill portrays stalking through the public records act as an emergency, without showing an emergency exists.

Dennis Eagle testified in support of the bill on behalf of the Washington Federation of State Employees.

“We do support very strongly the need for transparency, but that need has to be balanced with the need to protect the personal safety of people who do tough jobs on the public’s behalf,” he said.

records. Featured will be several “war stories” of how agencies have successfully implemented online systems for requesting and retrieving records and technology that helps with compliance.

Attendance is expected to range from public records officers to journalists and activists. One panel features Northwest journalists’ wish lists for easier access to records through technological tools. An-

other focuses on access to law enforcement records from the view of press, agencies and vendors with tools intended to expedite access.

Registration is now open on the WashingtonCOG.org website.

Admission to the day-long event is $49 for WCOG members and $99 for nonmembers; lunch is included. Registration and exhibits open at 8 a.m. and sessions run from 9 a.m. to 5 p.m.

…OUR TRANSPARENT GOVERNMENT BELONGS TO YOU.

DON’T LOSE IT!

Keys to government Accountability Responsibility Accessibility

Washington’s Open Public Meetings and Public Records Acts Preserve your rights to government actions that affect you.

Learn about Open Government – When Records Requests are Denied…

http://washingtoncog.org/dealing-denial

In partnership with Contact us with your open-government questions

360-344-2938 • wnpa.com

Statewide or by region, Impact Ads perfect for tourism promotion Selling statewide or regional 2x2 or 2x4 black and white Impact Ads is a big part of what helps fund your Washington Newspaper Publishers Association, and it’s a great option for advertisers seeking broader reach for their messages.

It also is a perfect match for hotel-motel tax funds distributed annually by cities and counties to local non-profit groups. If you have not already, you should ask your city and county governments (each has separate funds) for a report on where the hotel-motel tax money is going this year.

In most cases, the nonprofit organizations that receive this money are supposed to spend it on marketing in outside markets that will draw people

to your town. WNPA ads are a perfect match for this program because you can choose to advertise regionally or statewide to boost tourism in your community.

Here’s how the program works: • You sell the ad to a local non-profit organization to bolster tourism.

• You charge your client for the full cost of the ad, and send an insertion order to WNPA. WNPA then invoices you for half the cost of the ad, splitting the revenue on the ad sale. The advertising sales person gets their regular commission on the sale.

• WNPA uses our share of the money to provide your legal hotline, professional services, Legislative Day,

the Better Newspaper Contest and annual convention.

• We keep the cost to the client affordable by asking all member newspapers to publish the ads sold by other newspapers without cost.

Potential customers include festivals, fairs, resorts, real estate offices, state agencies, statewide or regional political candidates – anyone who desires a cost effective regional or statewide campaign.

Because member newspapers publish these ads for free, the ads are black and white only and small – just two columns wide by either two or four inches tall.

It’s not too early to talk with local chambers or festival organizers or

others who receive hotelmotel tax money from local governments. They may be planning their spending right now, and if that process is already complete, you should ask to be included in next year’s request.

As an added bonus, the salesperson who sells the most display or classified ads will win the Pinnacle Award and $1,000 in prize money at our annual convention in October.

The WNPA 2x2 ad program is important arrow in your sales quiver and a great way for advertisers in your area to reach a broader audience at a very affordable price.

Questions? Call Member Services Director Janay Collins at 360-344-2938 or email ads@wnpa.com.

As the new year dawned and state legislatures reconvened in January, two press associations in the Midwest found themselves in an existential battle to save newspaper notice in their states. The Missouri Press Association (MPA) and the Hoosier State Press Association (HSPA) are fighting several bills with serious prospects for passage.

Missouri is used to it.

Their foreclosure bill (SB 250/HB 686) is identical to legislation that was voted out of committees in both the House and Senate last year before stalling. It would move foreclosure notices from newspapers to ill-defined “internet website(s)” that would almost certainly be operated by trustees angling to profit from the notices they are required to publish before auctioning delinquent properties. Two of the largest trustee law firms

in Missouri have been the primary proponents of the legislation.

A separate bill in Missouri that would move all government notice to official websites is also similar to legislation introduced in 2018. SB 268 would require every public body to post notices “on the front page of its website, if it has one.” It also establishes a “Legal Notices Website” to be operated by the Secretary of State, who would publish notices for government units that don’t have websites.

Perversely, MPA’s effort to stop these bills will be complicated by a clause in the Missouri Constitution requiring the full text of all statewide ballot measures to be published in newspapers throughout the state. That provision created a political backlash after the state spent almost $6 million on notices last year due to the

unusual volume and complexity of issues placed on the ballot for November’s election.

HSPA is also battling a foreclosure bill. HB 1212, which would move foreclosure notices from newspapers to county or sheriffs’ websites, flew through committee two weeks ago and then quickly passed the House by a 62-34 vote.

According to a column written by HSPA Executive Director and General Counsel Steve Key, the “best argument” put forth by sponsor Rep. Wendy McNamara (R-Evansville) “is evidence that a few newspapers may be charging an unreasonable price for the required publications,” an allegation HSPA was later able to confirm. Key also noted that McNamara testified, “that her ultimate goal is to eliminate all publication of public notices in

newspapers. ... She calls the notices a subsidy for newspapers.”

Indiana also faces a bill that would move all government notice to state and local government websites. Identical legislation introduced last year never made it out of committee. Bills that would move public notice from newspapers to government websites have also been introduced in Connecticut and Maryland. A bill in New York would allow government notice to be posted on “online news publications.”

A bill in Wyoming that would have created a state website for public notices was killed in committee on a 6-3 vote on Thursday.

HB 242 “was basically an attempt to set up a staterun news service,” new Wyoming Press Association Executive Director Darcie Hoffland told PNRC.

Missouri, Indiana face public notice battles

Impact Ads can be sold statewide or into one of three regions: Coastal, Metro or Eastern Washington.

The Pinnacle Award CONTEST RULES

• Presented each year at WNPA’s annual convention.

• Awarded to the top salesperson of WNPA Impact Ads and statewide classifieds.

• Winner will be the person with the highest program revenue totals.

• Contest period: begins the Monday following the annual October con$1,000 CASH vention’s adjournment. It PRIZE! concludes the following Sept. 30.

• Winner receives a $1,000 cash prize and a trophy.

• Standings are reported in WNPA email updates and The Washington Newspaper throughout the year.

• Winner must be employed at a WNPA member newspaper at the time the award is presented.

• Impact Ad sales brochures are available at wnpa.com.

PO Box 389, Port Townsend, WA 98368 360-344-2938 • wnpa.com

WNPA JOB BOARD MULTIMEDIA SALES CONSULTANT The Bellevue Reporter is looking for self-motivated, results-driven people interested in a multi-media sales career who can share the many benefits of newspaper, online and niche product advertising with new accounts and current clients. The position is responsible for print and digital advertising sales to an eclectic and exciting group of clients.

Successful candidates will be engaging and goal oriented, with good organizational skills and will have the ability to grow and maintain strong business relationships through consultative sales and excellent customer service.

Professional sales experience necessary; media experience is a definite asset but not mandatory. Specific responsibilities include: Knowledge of sales and marketing, the production process, ad design/layout, and market competition.

Excellent communication skills with the power of persuasion and persistence.

Also required, valid driver’s license, clean driving record, and maintain adequate liability insurance on the vehicle you use for company business.

Education: Bachelor’s degree or equivalent experience.

Benefits package including health insurance paid time off, and 401k with employer match.

Great work environment with a professional sales team If you meet the abovenoted qualifications and are seeking an opportunity to be part of an award-winning media company, we’d love to see meet you! Please email your cover letter, salary requirement and resume to careers@soundpublishing.com and be sure to

include ATTN: MMSC-Bellevue 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 REPORTER (ORCAS, SAN JUAN ISLANDS) Sound Publishing has an immediate opening for Reporter of the weekly publication, The Islands’ Sounder, in Orcas, WA. This is not an entry-level position. Island residence is required.

The ideal candidate is comfortable writing hard news and features, both long-form and short. Weekly or daily newspaper experience is preferred, though time worked on student publications and internships will be considered. Must be comfortable using a smartphone in the field to take photos and shoot video.

EOE Please visit our website to learn more about us! www.soundpublishing.com We offer competitive compensation and a benefits package that includes medical, dental, vision and life insurance; paid time off (vacation, sick, and holidays); and a 401k with employer match. If you are interested, please email your cover letter, resume, and 3-5 samples of your work to careers@ soundpublishing.com and be sure to include ATTN: ReporterJSJ in the subject line.

Sound Publishing is the largest community news organization in Washington State and an Equal Opportunity Employer.

Visit our website to learn more about us! www. soundpublishing.com

6 The Washington Newspaper February 2019

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.

The position is fulltime — 40 hours per week. Medical, dental, 401k and paid time off are offered for full-time employees. To apply send a cover letter, resume, clips and references to Editor Natalie Johnson at njohnson@chronline.