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THE WASHINGTON NEWSPAPER
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June 2019
Journal of the Washington Newspaper Publishers Association
NNA argues for phase-in of exempt salary rules Increase would hurt many newspapers in smalll towns
National Newspaper Association is objecting to a proposed 50 percent increase in exempt employee salaries under the Fair Labor Standards Act (FLSA) and instead is recommending a phased-in schedule for small businesses. In March, the U.S. Department of Labor proposed increasing the threshold salary for employees exempt from overtime pay under the FLSA to $35,300 annually, up from the existing threshold of $23,660. The proposal was welcomed by many in the business world, as it revised an Obama administration rule that would have increased the threshold by more than 100 percent. But NNA finds that even the more modest increase would do harm to many community newspapers in small towns, which have faced a host of new business challenges in the past few years. Rather, NNA advises, the increase should be phased in over five or six years so employers can absorb the impact. “For small community
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Auburn Mountainview’s Kacey Provo clears the bar during the pole vault finals at the 4A state track and field championships at Tacoma’s Mount Tahoma High School. This photo, by Rachel Ciampi of the Auburn Reporter, is one of dozens entered in this year’s Better Newspaper Contest. Winners will be announced at the WNPA annual convention Oct. 10-12 in Olympia.
WNPA, WCOG win debate over photos of court records
Reporters in Washington are now free to take photographs of court documents with their cell phones, thanks to the efforts of WNPA, the Washington Coalition for Open Government and the Fire Brigade, a subcommittee of Washington’s Bench-Bar-Press committee. Questions about photographing court documents came up when Eastern Washington Publisher Loyal Baker was making his rounds in court this spring, and he pulled out his cell phone to take pictures of some documents. That’s easier and more accurate than taking notes, and there’s no cost for doing it. To Baker, it seemed like the logical thing to do. But Columbia County Court Clerk Sue Marinella disagreed. In an email to Baker, who with his wife Charlotte owns the Dayton Chronicle and East Washingtonian in Pomeroy, Marinella said: “Whereas most of our court files are open to the public for viewing and to you as reporters, we do not allow anyone to take pictures of the documents. If you need copies, we will be happy to provide them to you at $.50 per page or, if you wish to receive See PHOTOS, Page 4
WWU student journalists sue university for records A team of Western Washington University student journalists is suing the university after two years of unsuccessfully seeking certain public records regarding student felons. The trio, two current students and an alumna, requested the records during their ongoing reporting of student disciplinary procedures, notably in regard to students convicted in the courts of sexual assault and readmitted to the university. “For the last two years we’ve been report-
ing on how Western handles sexual misconduct. One of the issues we found, was students being suspended and quickly readmitted -- sometimes forcing survivors to see on their way to class,” said Erasmus Baxter, who as editor of the AS Review reported or edited much of the coverage. The student journalists filed multiple requests under Washington’s Public Records Act, seeking the names of students found responsible for sexual misconduct after West-
ern’s internal investigations. Western initially cited federal privacy law (FERPA) to withhold the names, and later said the names are exempt from disclosure under Washington’s Public Records Act. After learning that student journalists at the University of North Carolina successfully obtained a court ruling that said FERPA doesn’t mandate withholding of the names, the students decided to sue for access.
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WWU: Students sue university for records Continued from Page 1
Western administrators “told us they were worried about being sued by a student found responsible for sexual misconduct,” said Julia Furukawa, another student journalist participating in the suit. “They chose to face a definite lawsuit from student journalists rather than face the off chance they might be sued by a perpetrator of sexual violence.” The student journalists filed suit in Whatcom County Superior Court in May. The third participant is Asia Fields, who graduated in 2018 and is now reporting for The Seattle Times. She covered the issue as a reporter and editor for The Western Front on campus. Their attorney is William Crittenden, a board member of the Washington Coalition for Open Government. Mike Hiestand, senior legal counsel with the Student Press Law Center, is assisting as well. He
called the common university internal disciplinary process “a star chamber” that is not open to scrutiny or transparent to students and other members of the campus community. Western responds only that its exemption is valid, and seeks compensation from the students for its own court costs. “It is the university’s position that redactions were in compliance with the Washington State Public Records Act. The university will respond to the complaint in Whatcom County Superior Court as part of the legal process,” the university said in a statement. The student journalists note that the University of Washington complied with a similar records request. Baxter notes that the students are not eager to battle their university. “Western can make this go away any time by just releasing the records,” he said.
Officers: Michael Wagar, President; Patrick Grubb, First 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 2 The Washington Newspaper June 2019
FROM THE PRESIDENT
Difficult, complicated & necessary; Chronicle closes printing division By Michael Wagar On Thursday, May 30, The Chronicle newspaper based in Centralia closed its printing division, laying off 36 pressmen and delivery drivers. I am the president of Lafromboise Communications, Inc., Wagar which owns The Reflector in North Clark County, the Nisqually Valley News in Yelm and The Chronicle. All three papers will now be printed at Sound Publishing’s printing plant in Everett. This was a long time coming, and as in everything difficult and complicated, I learned many a lesson, often the hard way. This of course was my first go at closing down a printing division, and it sure better be my last. I hope some of my shared experience help you as you make the difficult decisions we all must make these days. Why did we close the printing division after 130 years? It was simple,
but bitter. The cost savings were significant. We would also have had to heavily invest to keep our presses modern and rolling in the coming year. If you have a press division (ours includes sheetfed and web), take a deep look at costs and revenues. We all need every penny, every opportunity for profits to keep our important calling of keeping community journalism thriving and sustainable. Simply put, presses are going regional across the land. At least take a look at what bids are out there for your printing jobs. We went with Sound Publishing, and I am more than pleased. Their team has been on top of the transition, and pleasant to work with. They are true pros. In addition, we have changed our editorial deadlines which will allow us to pick up our papers and get them to the post office in the wee hours, allowing for same day delivery. We have had problems with circulation delivery. This will help insure papers get to mailboxes on a timely, consistent manner.
We’re not stopping there as we work all angles to make our papers viable in the coming years. We are in the midst of consolidation our customer service reps in the duties of answering phones, producing legals and classifieds, preparing obituaries and all the other tasks our front desk employees perform. We are also looking at turning one of our products from a free distribution to a paid model. We are no longer in an industry of proven profits year after year, where we could just take it a bit easy, to not ruffle feathers. I remember working in a Pacific Northwest newsroom where we had it all in regards to staffing. One columnist actually complained he had to write three columns a week. Those days are over, but quality journalism is not. For owners, presidents and publishers, you owe it to your communities to make these hard choices to bring in the money that supports independent, quality journalism. A few lessons learned these past weeks and months:
Despite the chaos of major change, keep calm. One of my friends who handles big business said, “Congratulations you just joined the Duck Club.” What? He said you are now like a duck, paddling like crazy unseen under the waterline, but calm and moving forward on top of the surface. Another lesson: Trust your people. Even those that were laid off remained loyal and committed even up to their last days of work. Finally, be honest, even if it is difficult. If you have to look people in the eye and tell them they are losing their jobs, and why, when they come back at you with questions immediately, and then in days to come, honesty leads to trust and trust leads to loyalty. Again, these are trying times and it is time to make the tough decisions. Make sure the decisions you make allow you to sleep at night. Michael Wagar is the President of Lafromboise Communications and this year’s WNPA president.
Listen to WNPA podcasts and build reporting skills
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
Sanders
Zaitz
Vestal
staff are redefining how community papers approach reporting. Also, Eli Sanders, Pulitzer Prize winning writer for the Stranger in Seattle, and Shawn Vestal of the Spokesman-Review, share their approaaches. To find the podcasts, go to wnpa.com and click on the podcast tile.
EXEMPT: Worries for small town papers Continued from Page 1
newspapers, the proposal constructs a new barrier to maintaining news coverage in small communities. In this industry, the stresses burdening survival and continued community service have been coming at an alarming clip: internet competition, shrinkage of small towns, tight economies among small business advertisers and, in 2018, a temporary but devastating tariff on newsprint supplies that continues to distort the paper supply chain for small newspapers. All of these issues are threatening the futures of communities that depend upon local news from the
local newspaper. So they also threaten the local community. Confronting a 50 percent payroll increase for exempt workers adds to an already daunting pile of challenges,” NNA said. NNA’s formal comments were accompanied by a letter signed by more than 200 newspapers around the country, noting the difficulties they face in achieving higher professional salaries. NNA President Andrew Johnson, publisher of the Dodge County (Wisconsin) Pioneer, said the Labor Department proposal was well-meaning, but ill-designed for small businesses.
“America’s small towns, particularly rural areas affected by crop disasters and disrupted markets, are not growing very fast. Many are getting smaller, as the economies become ever more challenging. Though most employers in small businesses work toward fair compensation, expecting them to absorb a 50 percent increase in a single year just pulls the rug right out from under them. “In our industry, we are still reeling from a 30-50 percent increase in printing costs caused by the tariffs on Canadian newsprint last year. We need policymakers in Washington to under-
stand that regulating us the same way they regulate Amazon or Walmart just isn’t fair,” Johnson said. To be an exempt employee who is not eligible for overtime, a worker must be paid a set amount each week that is above the threshold set by the Labor Department and must be doing work that corresponds with the executive, administrative or professional categories described in regulations. NNA members with questions about FLSA compliance are encouraged to consult the NNA Federal Laws hotline by emailing Tonda Rush, tonda@nna.org.
Pulse data available Pulse Research conducts an annual national purchasing survey each year and the results from polling done earlier this year are available online. Individual results are also available for Washington State newspaper readers. The Pulse of America survey captures shopping and purchasing intentions and spans more than 550 business types as well as several thousand products and services. The survey contains reams of information that directly relate to what shoppers in Wash-
ington plan on buying in this year, and what information they rely on in making purchasing decisions. That data will be of high interest to advertisers in local markets around the state. With elections coming up this fall, candidates might also be interested to know that newspaper readers are highly educated and rely heavily on information in their local papers to make voting decisions. To look over the survey results, go to pulseresearch.com/ results.
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PHOTOS: Fire Brigade resolves court document issue Continued from Page 1
them electronically, the charge will be $.25 per page. Please do not take photos of the court documents.” Baker called WNPA to ask if others had similar experiences and the WNPA staff polled members of the Washington Coalition for Open Government where the issue sparked a flurry of comments. Some said they had heard of similar rules imposed by court clerks and others said clerks rely on copying charges to fund their offices. A few WCOG board members polled other reporters on their experiences and found that, indeed, while not common, more than a few clerks were imposing similar restraints on photography. Kathy George, a former Seattle PostIntelligencer city editor and reporter and now an attorney on the WCOG board of directors, suggested writing a letter to the chairperson of the Fire Brigade, a special subcommittee of the Bench-Bar-Press Committee that was created to sort out conflicts over courtroom coverage. Established in 1963, the Bench-Bar-Press Committee seeks to resolve tensions between the constitutional values of “free press” and “fair trial” through educational events and relationship building. All agreed that was a great idea, and George drafted a letter to the Judge Judith Ramseyer, the current Fire Brigade chair. George explained how Baker had taken photos of court documents and was told by the Columbia County clerk
that that was a prohibited activity. “Although his experience spawned this discussion, I understand that other journalists have encountered similar restrictions in other counties. Members of WNPA and WCOG are concerned that any ban on photographic copying impedes timely research by journalists and the public and has a chilling effect on reporting of court cases,” George wrote. “It appears that clerks
TURN ON THE LIGHT…
may be concerned about a loss of revenue from the fees charged for copying by staff,” George continued. “WNPA and WCOG appreciate the need to adequately fund court operations and fully support the assessment of fees for court-made copies. However, a reporter avoids using the court’s resources when photographing a document. It is akin to taking notes. A photograph is a quick way to accurately record infor-
mation of interest to the public. WNPA and WCOG seek the Fire Brigade’s assistance in clarifying that photographic copying is an efficient informationgathering tool and not a prohibited practice.” Judge Ramseyer consulted with the state court clerk’s association and reported back to George. “In response to the concerns you raised, I made inquiries and learned the Washington
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State Association of County Clerks (WSACC) previously had discussed this issue. Coincidentally, they had a board meeting at the end of last week and offered to again raise the issue. I am happy to report that WSACC agrees County Clerks should not prohibit reporters from photographing court records. Most counties have not. Those few who have no longer will do so,” Ramseyer wrote.
So thanks to WCOG and the Fire Brigade, this issue of public access was clarified and resolved in favor of transparency. “I am thankful for the help of Kathy George and the rest of the WCOG board, and for the quick action by Judge Ramseyer and the Fire Brigade,” said WNPA Executive Director Fred Obee. “Thanks to their efforts, one small roadblock to public access has been removed.”
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.
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Public has high expectations for their local news provider
Recent research by the Pew Research Center shows what many community newspaper publishers realize – that a strong sense of community really matters when it comes to readership opinions. Readers, however, aren’t always certain that their local news providers are showing that they have strong connections to the communities they cover. Recent research by Pew shows that overall, Americans evaluate their local media fairly positively. Majorities approve of the job their local news providers are doing across key areas. At the top are reporting news accurately (71 percent), providing “news that you use daily” (67 percent), keeping an eye on local political leaders (66 percent) and reporting news thoroughly (65 percent). Majorities also say their local media do well at being transparent (62 percent), dealing fairly with all sides (62 percent) and including “people like you” in their stories (58 percent). But the public also has high expectations for their area news providers when it comes to their capacity to be a genuine part of the community. An overwhelming majority of adults say it is at least somewhat important for journalists to understand their community’s history (85 percent) and to be personally engaged with their local area (81 percent).
Less consensus exists, however, on whether the local news media clear this bar. On the positive side, most Americans (63 percent) say their local journalists are generally in touch with the community, but about a third (34 percent) say they are out of touch. At the same time, a minority (37 percent) says the local media have a lot of influence in the community, and just 21 percent have ever personally spoken with a local journalist. The next question is: Does it matter? To what degree does that sense of community connection relate to job approval? Quite a bit, it turns out. Community residents who see their local journalists as connected to the area give their local news media far higher ratings than those who do not. For example, those who say journalists are in touch with their community are 31 percentage points more likely to say their local media do a good job of dealing fairly with all sides – 73 percent, compared with 42 percent among those who say their media are out of touch. Similarly, 35 percent of those whose local media cover the area where they live say they are very confident in their main local news source, compared with 25 percent of those whose local media cover a different geographic area.
Who, who, who will win?
This photo of a barred owl was taken by Chris Konieczny of the Key Peninsula News and is one of dozens entered in this year’s Better Newspaper Contest. Winners will be announced at the WNPA annual convention Oct. 10-12 in Olympia.
Proposed act allows negotiations with online publishers
The Journalism Competition and Preservation Act creates a temporary safe harbor for news publishers to band together to negotiate with online platforms to protect Americans’ access to trustworthy sources of news online. The Journalism Competition and Preservation Act was introduced by Representatives David N. Cicilline, the Ranking Member of the House Judiciary Antitrust Subcommittee. The free and diverse press—particularly local press—is the backbone of a healthy and vibrant
democracy. More than a quarter of Americans visited “fake news” sites in 2016, but the problem is far bigger than that. The control of access to trustworthy news online has become centralized by just two platforms. Last year, the Pew Research Center reported that the majority of Americans access news through only two platforms—Facebook and Google—noting that “Facebook outstrips all other social media sites as a source of news.” Recent market reports also indicate that these same companies control the
vast majority of all digital advertising revenue, growth, and traffic referral for news online. As a result, revenue for news publishers has plummeted by $31 billion since 2006. The Journalism Competition and Preservation Act establishes a 48- month safe harbor for the free press to negotiate with online platforms to improve the access and quality of news online. The Journalism Competition and Preservation Act only allows coordination by news publishers if it (1) directly relates to the quality, accuracy, attribution or branding, and interopera-
bility of news; (2) benefits the entire industry, rather than just a few publishers, and are non-discriminatory to other news publishers; and (3) is directly related to and reasonably necessary for these negotiations, instead of being used for ulterior purposes. Free markets depend on an even playing field. But in the absence of a truly competitive landscape, innovation suffers, businesses fail, workers are laid off, and consumers are harmed through less choice and worse service. Sally Hubbard, a former antitrust enforcer, wrote recently that the
online platforms “compete against legitimate news publishers for user attention, data and advertising dollars,” but instead of competing on equal ground, the platforms “pull levers that harm publishers’ business models and advantage their own.” The majority of Americans are “more concerned” that not enough is being done to address the “relentless spread of fake news on their platforms,” representing “a seismic shift in the public’s perception” in a short time on the issue, according to a recent Axios survey. Ac-
cording to the Edelman Trust Barometer, 63% of people say they can’t tell the difference between good journalism and falsehood online. And at a recent conference at MIT, former President Barack Obama reportedly referred to the online platforms as a duopoly, stating that “[w]e have to have a conversation about their business model that recognizes they are a public good as well as a commercial enterprise. They’re not just an invisible platform, they’re shaping our culture in powerful ways.”
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WNPA JOB BOARD The following is a sampling of newspaper opportunities around Washington State. For full lisitngs, go to wnpa.com and click on the job board link.
REPORTER Full-Time, entry level, community news reporter, Snohomish County. Must have general reporting experience or journalism degree and be able to attend city/school meetings. Local candidates only. Send resume and clips to: editor. tribune@snoho.com or mail to Snohomish County Tribune, P.O. Box 499, Snohomish, WA 98291. REPORTER Reporter wanted for the Chinook Observer, winner of the statewide public service award in 2018 for in-depth coverage of ICE arrests, is the 119-year-old news source for an islandlike seashore peninsula where the Columbia River meets the Pacific. Benefits including Paid Time Off, a range of insurance and a 401(k)/ Roth 401(k) retirement plan. Send clips, resume and letter of interest to hr@ eomediagroup.com. ADVERTISING SALES The Lynden Tribune and Record are looking to add a dynamic and persuasive sales professional to our advertising team. Duties and responsibilities include: • Prospecting for new business leads in Whatcom County. • Contacting customers in person and by phone/ email. • Recognizing the needs of clients quickly and maintaining strong relationships . • Additional duties may include working closely with graphic designers, editors and sales staff to
achieve the best possible community newspapers and special sections. Send resume to mdlewis@lyndentribune.com
REPORTER The Grays Harbor Newspaper Group is looking for a reporter. Send writing and photography samples to careers@soundpublishing.com, and make sure to include in the subject line: Attention - GR Ocean Shores. ARTS REPORTER The Peninsula Daily News, a division of Sound Publishing Inc, is seeking an Arts and Entertainment reporter with a minimum of two years experience. Please provide: 1. A cover letter describing your accomplishments and why you feel you’re the right person for this position; 2. A current resume; 3. Up to, but no more than, six examples of your best work; 4. Three professional references – individuals who can discuss your ability to do this job. This is a full-time position that includes excellent benefits: medical, dental, life insurance, 401k, paid vacation, sick and holidays. EOE. No calls, please. To apply, please e-mail to careers@soundpublishing.com and be sure to include A&E Reporter in the subject line; Please also include your salary requirements. REPORTER The award-winning weekly newspaper, North Kitsap Herald, in beautiful Poulsbo, WA, on the Kitsap Peninsula, has an opening for a general assignment reporter. This is a fulltime position that includes excellent benefits: medical,
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dental, life insurance, 401k, paid vacation, sick and holidays. EOE. No calls, please. To apply, please email to careers@soundpublishing.com and be sure to include GenRep Poulsbo in the subject line: a resume including at least three professional references; three or more non-returnable relevant work samples in
PDF or text format (and/or a link to them); and a cover letter addressing the specific job requirements we’ve outlined. Please also include your salary requirements. REPORTER The Quincy Valley Post-Register is looking for a full-time reporter to cover the Quincy, Wash-
ington, area and tackle a range of topics, including local sports, for our weekly paper and website. Spanish skills are a plus; photography skills are needed; page design experience is desired; and commitment to quality and on-time performance is required. We want to find the
best reporter for our small team soon, so send your resume and questions to Dave Burgess at news@ qvpr.com today. The Post-Register is part of Wick Communications. It includes the Wenatchee World, which provides us printing with color on every page and other support.