Hoosier State Press Association - The Indiana Publisher
Issue link: https://www.ifoldsflip.com/i/99924
Page 4 ��December 20, 2012 Sad news requires humane reporting W hile reading and watching coverage of the tragedy in Newtown, Conn., I was struck by the emotional impact it has on everyone involved, whether it���s first responders, the president of the United States or reporters. As a father, I can understand the emotions that would lead President Barack Obama to wipe away tears or cut short his planned remarks, police and fire officials who entered the school to break into tears, and veteran journalists to choke up while trying to report the story. I started to wonder how I would have been able to handle such a story. My conclusion ��� I would The following questions came from the Daily Reporter (Greenfield), Palladium-Item (Richmond), and Connersville News-Examiner: Q We have a school board candidate who is vacating his board seat this month because he was elected to the county council in November. It was announced that the board had narrowed down his replacements to three, and those three would be interviewed during an executive meeting next week. The two board members who are conducting the interviews are the only board members who will actually serve with this replacement member who is chosen. The terms of the remaining two board members are over Dec. 31. The fifth board member is the one being replaced early. What do you think about this? A The Open Door Law allows a governing body to meet in executive session to discuss applicants or develop a list of potential candidates to fill a vacancy of this sort. In that executive session they can cut the list down to no fewer than three, at which point they must identify the finalists if asked. Interviews of the candidates must be done in an open meeting by a governing body. In your situation, the school board is not conducting the interviews. But if the interviewing process is being done by a committee of the whole, it still is subject to the Open Door Law. If they didn���t make the two members who are conducting the interviews a committee, how did they get charged with the job of conducting the interviews? It appears it might be an attempt to circumvent the requirement that interviews be done in public. I���d ask them how they believe they can avoid IC 5-14-1.5-6.1(b)(10), which requires a governing body to interview prospective appoin- not have been trained to adequately deal with the sources necessary to obtain the information needed to tell the stories behind the tragedy. I���m talking about how to interview a victim of crime, a victim���s family, or first responders who have witnessed the aftermath of violence. I���d know the questions to ask but not how to broach the subject in a manner sensitive to what victims had experienced and were attempting to understand themselves. I think I got a good journalistic education in the 1970s at Butler University. The experience helped me become a better writer, developed my understanding of the elements of news, and started Key Points By Steve Key the groundwork to deal with ethical questions that would arise. But talk to a family member who has lost a child ��� no. I recall no class that touched on how to interview sources involved in painful stories. No tips on how to delve into grief while respecting the dignity of the victim and family. No approaches to talk to police about the details of horror without appearing cal- HSPA Hotline tees in a meeting open to the public. If they say they���re not a quorum, I���d say true, but who delegated the interview process to the two of them? If they say the school board, they are a committee appointed by the school board and still subject to the Open Door Law. If they say that they decided to develop a list and conduct interviews on their own, then I���d be talking to the other two school board members coming on about being left out of the process. The law is clear on the openness of interviews. At best the Indiana public access counselor might find they haven���t violated the letter of the law (if the duo isn���t considered a committee of the school board), but I think the actions violate the intent and spirit of the law. Q Can we increase our public notice advertising rates? I reviewed IC 5-31-1, and I believe it allows for an increase. Does this still stand? A The law controlling the maximum rate newspapers can charge for public notice advertising allows for a 2.75 percent increase in 2013. HSPA shared with advertising directors the rate charts from the state Board of Accounts. Anyone who still needs this information can contact me at skey@hspa.com. If your column width isn���t included on the charts, I can help you determine the line rates. Q Can the city���s Board of Works and Public Safety have an executive session to discuss the sale of an industrial property? My reading is that the economic development exception to the Open Door Law applies only to economic development groups or the city���s governing body (city council) and not to a Board of Works; similarly, the exception related to purchase or lease of property would apply to a city council, but not the board of works (appointed by the mayor). What is your opinion? A The Open Door Law in 5-14-1.56.1(b)(4) allows for executive session to conduct ���interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects by the Indiana Economic Development Corporation, ... or a governing body of a political subdivision.��� The board of works is a governing body as defined by the Open Door Law, so that isn���t a problem in having an executive session. The only question I see is whether the company, which basically purchases the property and then sells or leases it to another entity, is an industrial or commercial prospect as contemplated by the statute. It will not be making or selling any products, but it is a conduit to have the property used by an industrial or commercial prospect. So I would question whether a discussion on whether to extend the negotiations of the sale of the property fits the statutory exception. I would suggest the Board of Works call the state���s public access counselor, Joe Hoage, for a quick opinion on whether they can meet in executive session for this discussion. The (b)(4) exception seems to be the only possible option for the Board of Works. Since it is selling, not purchasing, property, the board can���t use the (b)(2)(D) exception, which allows the governing body to meet in secret to discuss strategy pertaining to the purchase or lease of property by a governing body. Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427. lous to the human lives lost. Obviously the Newtown tragedy is an extreme example, but gathering information while being cognizant of human feelings comes into place every day. The story can be about a traffic accident, the aftermath of flooding, or the loss of a job. My training was more the sink-or-swim approach. I had to deal with the issue when the story arose. I had nothing to draw on when I interviewed a Kentucky county official who knew as I did that he was going to be indicted by a grand jury the next day. I���ve read the results of excellent journalists who apparently know how to get Legislative Continued from Page 1 development corporation. If the entity is subject to audit, then it should be subject to the state���s public access laws. HSPA also suggested the requirement of a report detailing an entity���s activity. The report could include: ��� Number of companies the economic development corporation contacted. ��� Number of economic development-related events the corporation participated in. ��� Number of entities that received incentive-package offers. ��� Details on incentive packages accepted by industrial or commercial prospects to relocate or stay in the county, including dollar amount and purpose of the expenditure. For entities that accepted an incentive package: ��� The name and address of Meetings Continued from Page 1 and other interesting additions will attract more participants. Take a tour of Lucas Oil Stadium and see areas usually off limits to the public. Wining and dining will take place in the Quarterback Suite ��� certainly a unique venue. Bring your walking shoes and casual clothes for this event. Attendees can earn auction bucks throughout the conference to bid on great prizes at the final luncheon. Jack Pate, the gregarious publisher of Evansville Courier & Press, will serve as the story while showing compassion for the subject. For each gem, I wonder how many reporters have had a door slammed in their face, heard that sudden silence in their ear when a source has abruptly ended a call, or been cursed as an unfeeling monster only interested in selling newspapers. I haven���t looked at course descriptions for Indiana journalism schools recently, so maybe there already is such a class, but if not, I���d recommend the development of a course entitled: ���How to interview people when the news is sad.��� Steve Key is executive director and general counsel for HSPA. the recipient. ��� Representations made by the entity in exchange for the incentive package, including years it will stay in county, new hires promised and internal investments in the property. Out-of-state insurance companies The third bill that may contain HSPA-suggested changes is one Rep. Matt Lehman, R-Berne, will file on behalf of the Indiana Department of Insurance. The provision of interest for HSPA is the requirement that out-of-state insurance companies publish a statement of condition in Indiana newspapers. Papers are limited to a $40 charge for the publication. HSPA believes that cap hasn���t been increased since the provision was passed by the legislature in the mid1930s and would like to see that number increased. auctioneer ��� and we need not say more! Please remember the earlybird registration deadline and the hotel cutoff date are Monday, Jan. 14. You may mail or fax in the registration form or register online by this date, and payment may follow. For hotel reservations, call (888) 421-1442 or register online at https://resweb. passkey.com/go/hspr. Ask for the Hoosier State Press Association 2013 Annual Meeting rate ($145 plus 17 percent tax). For more information or another copy of the brochure, call (317) 803-4772 or visit www.HSPAfoundation.org. Without publishing anything new, the Fayetteville Observer ad package created new, year-long revenue in just one week! Contact Advantage Newspaper Consultants today to learn more about creating NEW annual revenue with your existing core products. Fayetteville Observer's Platinum TV ad package exceeded revenue goal in less than a week! Ask us about our digital editions! 910-323-0349 | info@newspaperconsultants.com | www.newspaperconsultants.com