2006 February

County Declares Internet a “Newspaper”

When the Rockland County, NY legislature met for the first time in 2006, they took up the task of declaring an official newspaper for the year. Only this year, they decided that their own government-sponsored website would be official newspaper of the county. All notices would be published online, with only summaries in the newspapers. People without internet access would be forced to order copies of the notice by phone, which would be mailed to them.

To be declared a newspaper in New York, there are several requirements that must be met under Section 60 of the General Construction Law. Among these requirements is that the newspaper is distributed through second class postage and that it has been published for ten years or more on a regular basis. A government website obviously falls short of these minimum standards.

Media critic Steve Outing has also praised the decision on the Poynter Online website. PNRC has posted a response to his article. We encourage anyone else who would like to have their voices heard on this issue to post their comments to the website.

Please got to www.pnrc.net for more information.

GRAMA and Open Meetings bills dominate first two weeks of legislative session

By Joel Campbell
Utah Press Association Legislative Monitor

Legislative Update
Feb. 6, 2006

The Utah Legislature closed off access to lists of government employee phone numbers and e-mails during its first two weeks in session.
Lawmakers improved the state’s Open Meetings Act, but also voted to allow government bodies to split up into subgroups to avoid open meetings act provisions. They also removed language from a bill that would have allowed government to charge a “commercial rate” for records.

UPA’s legislative efforts this session have been bolstered by the formation of the Utah Media Coalition representing all of the state’s daily and weekly newspapers and all of the state’s major television news operations and KUER-FM. The coalition hired lobbyists Doug Foxley and Frank Pignanelli. They have also retained attorneys Jeff Hunt and Michael O’Brien, both of whom have been invaluable in drafting language that has helped correct many problems in pending legislation.

Along with the two bills affecting directories and the open meetings act, UPA and Utah Media Coalition attorneys and lobbyists fought provisions in several bills that would have closed off access to records under the state’s Government Records Access and Management Act (GRAMA).

In the most surprising of the amendments to GRAMA, Sen. Beverly Evans, R-Altamont, made a last-minute amendment to HB258 (1st substitute) sponsored by Rep. Ben Ferry, R-Corinne. Within a day the House had approved the measure and the bill appears on its way to Gov. Jon Huntsman. The Media Coalition has considered asking Huntsman to veto the measure.

Originally, the bill just just made a few technical changes to GRAMA, which UPA did not oppose. Just before the Senate final vote on this bill, Sen. Evans successfully amended the bill. Sources said, the amendments which could restrict access to directories of government employees and their phone numbers and e-mails, were prompted, in part, by a Salt Lake Tribune GRAMA request for legislators’ Blackberry numbers.

“(HB258) classifies all government internal email address, phone numbers and other such contact information as non-records if the agency has designated one business address, email, phone number by which it can be reached,” wrote media attorney Michael O’ Brien. “This may not be a problem if state employees really can be reached through the one number provided. But it also means agencies can now refuse to provide such internal contact information, such as direct dial numbers that have been freely available up until now.”

Similar to HB258, the UPA originally consider HB14 a friendly bill that would improve Utah’s Open and Public Meetings Act. It was amended in a Senate committee to includes worrisome language that makes meetings of subgroups of a public body that do not constitute a quorum “not a public meeting.” At the same time, the bill requires all closed meetings to be recorded. That’s a positive step if the public every needs to go to court to prove a violation of the law. However, the public and UPA members may have to decide whether the improvements outweigh the new exemption. Senators also amended HB16 to include exemptions for small towns and special service districts. It is original form, the bill required all open meetings to be recorded.
On the GRAMA front, the Utah Media Coalition has concentrated on six bills, three which lawmakers drafted during summer meetings of a GRAMA Task Force.

HB12, sponsored by Rep. Doug Aagard, R-Kaysville, has passed a House committee and was pending on the House floor. Already, committee amendments removed expansion of closing deliberative documents to cities, towns, school boards and other public bodies. Attorney Jeff Hunt has suggested that bill be amended further. The bill still contains troubling language that says only records that deal with the “public business” will be covered by GRAMA. The Utah Media Coalition has argued such a definition is too broad and could be abused.

HB28 was satisfactorily amended at committee. Committee members troubling language that would have allowed government to charge a “commercial rate” for records. It needs the same amendment as SB 12, sponsored by Sen. Dave Thomas, R-South Weber, allowing access to records when an identical public version of a record is available. SB12 was amended earlier after Senate President John Valentine, R-Orem, brokered a compromise.

In its first draft, HB281 closed access to minor names. This has been amended in a manner acceptable to the Media Coalition and its sponsor, Rep. Eric Hutchings. R-Kearns.

SB77, sponsored by Sen. Mike Madsen, R-Lehi, closes access to inspection records. The UPA has opposed this bill and has distributed talking points from attorney Michael O’ Brien. Taxpayer funded inspections of many public services including child care centers, dams and restaurants would be closed to public view unless there was official sanction. (Please see complete talking points)
SB110 would have closed access to judge addresses and voting information. Sen. Lyle Hillyard, R-Logan, dropped the bill because GRAMA already provides protection for judges.

SIX GOOD REASONS TO SUPPORT AMENDMENTS TO H.B. 12

H.B. 12 muddles GRAMA and unduly reduces access to government records. It adds a nebulous phrase-- whether a document involves the “public business”—to the definition of record. It also makes secret all communications between all elected officials and constituents, unless one of them releases them. These proposals will close off important governmental actions from needed public scrutiny and must be amended.

1. H.B. 12 REVERSES GRAMA’S PRESUMPTION OF PUBLIC ACCESS TO GOVERNMENT RECORDS AND SHORT-CIRCUITS THE ENTIRE STATUTE: Now under GRAMA, all records prepared, owned, received or retained by the government are presumed to relate to “the conduct of the public’s business” and are presumed to be “public unless expressly provided by statute.” [See Utah Code 63-2-201(2)]. This presumption of access is the lodestar of GRAMA and the foundation of open, accountable and transparent government. H.B. 12’s proposed change to the definition of a “record” reverses this presumption of access and burdens the public to demonstrate the record sought is “in connection with the conduct of the public’s business.” This will provide government clerks with enormous unchecked discretion to determine what is and is not a record, all without any clear and specific standards as to how to make such a determination. Even more alarming is once the government employee decides a requested record is not sufficiently connected to “the conduct of the public’s business” to be a” record,” GRAMA will not apply. Government will have no duty to retain the record, acknowledge its existence, or provide access. The record could be destroyed and the citizen requester will have no remedy or right of appeal. This change would fundamentally alter the public’s right to know what its government is doing.

2. UNLESS AMENDED, H.B 12 WILL MUDDLE, NOT CLARIFY, GRAMA’S DEFINITION OF RECORDS: GRAMA defines, in clear and specific terms, what is or is not a record. The definition avoids nebulous terms such as a record generated “in the conduct of the public business.” Exceptions are also specifically identified, such as personal items and drafts [Utah Code 63-2-103(20)]. Due to this clarity, records clerks and State Records Committee rulings rarely struggle with the concept of what is a record. GRAMA will be unduly muddied by using nebulous terms to define records, such as generated in the “public business.” H.B. 12 will make it harder for a governmental clerk to determine what is a record. H.B. 12 creates the potential that government records will accidentally or intentionally not be subjected to the GRAMA retention and management rules. The proposed amendments fix this problem.

3. GRAMA ALREADY DEALS WITH THE SPONSOR’S CONCERNS: Before Committee, H.B. 12 sponsor Rep. Aagard said the definition of record needed to be modified so government would not have to treat things like “shopping lists” as records. However, such personal documents already are excluded from the GRAMA definition of records [See Utah Code 63-2-103(20)]. Thus, there is no need for the change made by H.B. 12 other than the sponsor’s expressed desire to repeat “intent language” already expressed elsewhere in GRAMA. This is bad public policy. Generalized expressions of intent are important, but they do not belong in what should be a concrete set of definitions that a records clerk can readily apply.

4. GRAMA ALREADY PROTECTS PRIVATE OR SENSITIVE INFORMATION CONTAINED IN COMMUNICATIONS (SUCH AS EMAILS SEEKING HELP ON PERSONAL MATTERS): H.B. 12 supporters say there is a need to protect confidential constituent communications. GRAMA already allows such information to be classified as private or protected. Specific examples include the following: medical information [Utah Code 63-2-302(1)(b)]; identifying information-- addresses, phone numbers and Social Security numbers [63-2-302(1)(f)-(g)]; financial information [63-2-302(2)(b)]; information which if disclosed would be a “clearly unwarranted invasion of personal privacy” (such as email requesting mental health treatment for a family member) [63-2-302(2)(d)]; investigative and disciplinary records [63-2-304(9)]; proprietary business information [63-2-304(1)-(4)]; records that would endanger life/safety [63-2-304(10)]; personal legislator files and contemplated legislative actions [63-2-304(19)-(21)]; accident reports [63-2-304(38)]; worker’s compensation information [63-2-304(39)]; personal notes or personal drafts [63-2-103(20)(b)(i),(ii), (viii)]. The amendments to H.B. 12 reiterate that truly confidential and personal constituent communications with the Legislature are private records.

5. COMMUNICATIONS WITH ELECTED OFFICIALS SHOULD BE PUBLIC UNLESS THEY INVOLVE PRIVATE MATTERS: The public has an obvious interest in knowing about the communications between elected officials and business interests, developers, utilities, lobbyists, rezoning applicants, license applicants and even other public officials that have business before a public body. This is the people’s business, not the workings of a private club. Such communications often provide important insights into the workings of government and the conduct of elected officials. A few years ago constituent communications showed possible misfeasance in a Northern Utah city’s planning function. H.B. 12 would have denied the public access to this information, as well as to Salt Lake Mayor Rocky Anderson’s emails showing he was planning protests against President Bush even as he was preparing to welcome him to Utah. Most of the time, elected officials and constituents talk public policy. Neither one should be able to veto requests from the public to read those communications. Giving this veto could lead to great abuse, as well as a loss of important insights into how elected officials operate. The amendments solve this problem by stating only confidential and personal constituent communications with the Legislature are private.

6. GRAMA ALREADY CONTAINS PROVISIONS TO HELP LEGISLATORS DEAL WITH THEIR EMAIL: GRAMA exempts the Legislature from many of the Act’s mandates. As noted above, GRAMA already protects a legislator’s personal files and contemplated bills, as well as his/her constituent communications involving a wide range of private topics. Utah Code 63-2-703 empowers legislative staff to designate and classify records and establish policies regarding GRAMA compliance, denials and appeals. GRAMA empowers the State Archivist to assist the Legislature in many ways, including the development of a record management program and training the users of it, such as individual legislators [63-2-901(2)(h),(j)]. These existing tools, rather than sweeping statutory changes, are the best means of helping the Legislature with its own GRAMA compliance.

Utah Media Coalition
Lisa Bowen
Deseret Morning News, 801-237-2179
bowen@desnews.com
Dorothy Chioda
Salt Lake Tribune, 801-257-8506
dchioda@sltrib.com

The Utah Media Coalition represents the following media outlets:

Kevin Answers Many Common Questions From Publishers

by Kevin Slimp, February 2006

Story Photo
It has to be some kind of record. At least it’s a record for me. Over the past week, I’ve spoken at four press association conferences in four states. Speaking on the topic, New Technology for Newspapers, I noticed that the same questions resurfaced repeatedly during the Q&A portion of the presentations:

Is InDesign really that much better than QuarkXPress?

I get this question more than any other. I’m not on payroll of Adobe or Quark, so it doesn’t really matter to me which software a newspaper uses. But the question is asked, so I acquiesce. Yes, the version (CS2) of InDesign currently available is, in my opinion, superior to the version of QuarkXPress that is currently available (6.5). I don’t have any inside information, but I wouldn’t be surprised if QuarkXPress 7.0 is on the market by the time many of you read this. If you want to know how QuarkXPress 7 will compare to InDesign CS2, I’ll let you know after I’ve had a chance to test the new software.

If you were spending your money, which digital camera would you purchase for newspaper purposes?

I was spending my money and I purchased the Canon Digital Rebel XT. People who know a lot more than I do tell me it’s the best camera available for less than $1,500. I took their word for it and I’ve been pleased with my purchase.

How hard will it be for my newspaper to move up to OS X and InDesign from OS 9 and QuarkXPress (or PageMaker)?

That depends on the size and makeup of your newspaper staff. There’s always some resistance to change. Having worked with hundreds of newspapers who have made similar conversions over the years, I’ve learned it can take as little as two days and as long as a few months.

When I’ve been involved, it usually includes time to determine software and hardware needs and purchase new equipment. This is followed by installation of the new hardware and software (1 to 3 days, depending on the size of the staff), two or three days of training in the new software, followed by transition to the new workflow. In the best case scenario, the entire process can happen as quickly as a few days (after the equipment and software has been installed). In larger operations involving a pagination workflow (similar to Baseview or Managing Editor), additional time is involved for training in the workflow process.

Our photos always seem to be too dark. Is there something we’re missing?

Most newspapers I visit haven’t adjusted their color settings in Photoshop to match their printing process. Photoshop’s default settings are created with magazines in mind. Photos saved with these settings will produce too much ink which, in turn, soaks into the newsprint and comes out dark and muddy. To get better results, adjust the color settings in Photoshop, especially the black ink limit.

Are Macs really better for newspaper pagination than PCs?

Yes. I have no stock in Microsoft or Apple, so it matters not to me which you use. Coming from a guy who spent most of his years on the PC side of things, I’ve learned the hard way that Macs have far fewer printing issues, are faster and aren’t susceptible to all those viruses that plague Windows-based machines. The idea that PCs are cheaper than Macs is false. Similarly equipped machines are pretty similar in price on both platforms. Besides, most of the money goes into software and maintenance, not hardware costs.

What’s your favorite font management utility?

It’s always been a toss-up between Extensis Suitcase and Font Reserve. They’ve recently been combined into one utility called Suitcase Fusion, so I guess that will be my new favorite.

What are the best restaurants you’ve found in your travels?

The Sunset Diner in Lebanon, Tennessee and Jersey Joe’s in Tucson, Arizona.

OK. There you have it. The most common questions posed during my speaking engagements. That doesn’t mean you should skip my next session in your area. I might find a new restaurant between now and then.

Baskets for Scholarships

Winter convention means more that seeing old friends and learning new techniques for bringing success to your newspaper. It is the time we set apart to show off what our area of the State has to offer with our "Baskets for Scholarship" silent auction.

Call up any of your Chamber of Commerce friends, go to any of the resorts, spas or Hotels in your newspapers area of circulation and simply ask for donations toward UPA’s annual Baskets for Scholarships promotion. We have seen great success with this since its inception three years ago. We generate enough revenue to pay for all of the High School Better Newspaper Contest financial awards. We still retain enough that we can take nominations to the Board for scholarships to strengthen high school Journalism departments that are in need and offer college scholarships to students majoring in Journalism.

Please put together a basket with items from your circulation area, trips, airline tickets, sports tickets, locally produced or manufactured items, just whatever. Remember to list your items on a card so people know what they are bidding for, it makes it so much more interesting. UPA members love this program, not only because of the financial benefits the bids bring, but because of all the cool stuff you get if yours is the winning bid!

Remember to go online and register to attend UPA Winter convention at www.utahpress.com Deadline is coming up quickly and we have a wonderful convention planned that no one should miss. For more information call Michael at 801 308-0268 today.

Announcing the second statewide JOURNALISM BOOT CAMP

Basic Training for newspaper editors, reporters, stringers, journalism students, teachers and advisors.

Registration Deadline: Friday February 24, 2006

Friday, March 3, 2006
4.30pm to 9:00pm
and
Saturday, March 4, 2006
8am to 2.30pm

For more information and for sign up info Click Here

Guest Professors