12/07

Sunshine groups win in city appeal of ruling against serial meeting by the City Council

The Intermediate Court of Appeals in late December decided that a quorum of City Council members could not take part in a series of one-on-one communications, or serial communications, to discuss Council business.

The Council had appealed a ruling by Circuit Judge Eden Hifo. (Oral arguments were held in September)

It was the second victory for a group of open-meeting advocates (including the Hawaii Chapter SPJ), and this time the appellate court awarded the advocates their full attorney's fees.

The appellate court's decision can be viewed at:

http://www.state.hi.us/jud/opinions/ica/2007/ica27996.pdf

9/12/07

In 2006, Circuit Judge Eden Hifo ruled that one-on-one serial communications by the City Council violated the state open meetings law. The city has appealed the decision on the suit brought by Society of Professional Journalists, Hawai'i Chapter; Right To Know Committee; Citizen Voice; League of Women Voters of Hawai'i; Big Island Press Club; Hawai'i Pro-Democracy Initiative; SPJ University of Hawaii Chapter and Honolulu Community-Media Council.

The appeal has been scheduled for oral argument before the Intermediate Court of Appeals on Sept. 12, 2007 at 10:15 a.m. at the Supreme Court courtroom.  The panel of judges consists of Craig Nakamura, Mark Recktenwald, and Dan Foley.  Originally, John Lim and Corinne Watanabe were on the panel, but the former died and the latter recused herself.  Jeff Portnoy and Elijah Yip will represent the FOI advocates.

ICA - No. 27996 - Wednesday, September 12, 2007 at 10:15 a.m. http://www.state.hi.us/jud/oa/07/ICAoa091207_27996.mp3

RIGHT TO KNOW COMMITTEE, a Hawaii non-profit corp., et al., Plaintiffs-Appellees/Cross-Appellants, and STATE OF HAWAI`I, Intervenor-As-A-Plaintiff-Appellee/Cross-Appellee, vs. CITY &  COUNTY OF HONOLULU; et al, Defendants-Appellants/Cross-Appellees. (Declaratory Judgment)

Report of arguments:

So when is the City Council allowed to hold secret meetings: One Council member meets with another who meets with yet another who then goes to another who meets with another (and so on) all about the same Council business?

Anytime, there is no deliberation on an issue, the City Council says.

Very few times, mostly procedural matters, say open government advocacy groups

During a Sept. 12 hearing on a Sunshine Law case against the City Council, state appellate judges appeared to be wrestling with when serial communications among board members would be permitted.

Intermediate Court of Appeals Chief Judge Mark Recktenwald asked about what actual situations could be covered when enforcing bans on serial communications. Associate Judge Craig Nakamura asked qustions about whether a ban could be placed on matters where a quorum has been contacted on matters to be deliberated.

The appellate court held a hearing Sept. 12 on the city’s appeal of a decision by Circuit Judge Eden Hifo that one-on-one communications by the City Council or other bodies to circumvent the Sunshine Law are not allowed.

The City Council asserted there are numerous times it has to do one-on-one communications and would be hampered without that form of talking in private.

Don Kitaoka, deputy corporation counsel, said: "There are a myraid of examples" of government action that could be crippled by a broad interpretation of serial communications. "The factual vacuum (lack of details) makes the situation untenable," he said.

But so far, Council representatives have only cited one example a budget bill – in addition to procedural matters.

Various groups suing the City Council over serial communications during a reorganization, said the trial judge ruled that it was OK to talk privately about procedural matters and substantive matters, such as a budget bill.

But for the most part, the judge was trying to forbid board members from circumventing the Sunshine Law by meeting secretly (through a series of one-on-one communications) on substantive issues that were being deliberated, said Elijah Yip, attorney for the open government advocacy groups.

Yip told the judges that information gathering by Council members would be OK, such as to ask if bill is on the agenda or what the bill is about. But they are not allowed to ask what someone thinks of a bill or take other deliberative actions.

If there are no restrictions on serial communications, the public "runs the risk of consensus building going on," Yip said.

There are possibly many such violations going, and the public was only able to find out about this one case of reorganization through a newpspaper article, he said. Otherwise, the public has no way of finding out about these serial communications. "The public will not necessarily know if there is a violation going on."

He analogized the situation to the City Council getting caught taking a chocolate chip cookie out of the jar and apologizing that it will never take a chocolate chip cookie again – when there are oatmeal and other cookies in the jar.

"OIP (Office of Information Practices) is the one that caught the Council with its hand in the cookie jar," Yip said.

Kitaoka said the issue was moot because the reorganization was over and won’t happen that way again.

But Yip said this will happen again. "The reason is the equivocation the Council has demonstrated," he said.

The Intermediate Court of Appeals needs to give a ruling so that there are no repeats of these serial meetings, Yip said.

Kitaoka argued that the issue that touched off the suit is over and the suit should have been dismissed in its entirety.

Yip said the reorganization was official Council business that had the apparent approval of six of the nine Council members, more than a quorum.

Yip also sought more attorney’s fees, noting that the law relies on people to try to stop violations. If the award of just 25 percent of the requested fees stands for groups that had won most of their case, it "would chill other groups," he said.

Eight groups filed suit in 2005 asking a Circuit Court judge to enforce an Office of Information Practices’ opinion that a series of secret one-on-one meetings on Council business violates the Sunshine Law.

The groups are the Right to Know Committee, League of Women Voters of Hawaii, Citizen Voice, Hawaii Pro-Democracy Initiative, Big Island Press Club, Society of Professional Journalists, Hawaii chapter, SPJ University of Hawaii Chapter and Honolulu Community-Media Council.

12/10/07

SPJ Hawaii Chapter Board of Directors

David Briscoe, news editor for The Associated Press, has been elected president of the chapter for 2008.

Kathryn Drury Wagner, managing editor of Honolulu magazine, is vice president, and Craig DeSilva, writer for the Hawaii Medical Service Association Communications and Island Scene magazine, continues as secretary.

Joining the board this year is Sandra S. Oshiro, managing editor, digital and multimedia, The Honolulu Advertiser. She is treasurer.

Cathy Cruz-George, senior editor of Hawaii Business magazine, and Jim McCoy, partner in Ho‘akea Communications, continue as directors.

Joining the board as directors are Nancy Cook Lauer, Hawaii state Capitol reporter, Stephens Media (Neighbor Island representative), and Kayla Rosenfeld, news director for Hawaii Public Radio.

Stirling Morita remains on the board as immediate past president.

11/26/07

Discussion on a Shield Law for Hawaii

Media attorney Jeff Portnoy says a shield law is definitely needed. Needed to allow reporters to protect their sources and their notes and outtakes.

Without such a law, there is much uncertainty. One day, a judge will decide to send a reporter to jail so an attorney can find out the identity of his source or mine information that hasn’t been publicized, Portnoy said during a Honolulu Community-Media Council forum Nov. 26 at the Ala Moana Hotel.

He sees "an overwhelming hesitancy" on the part of reporters to report stories containing unnamed sources whom some attorney might want to seek the identity of.

About once a month or every two months, some attorney subpoenaes notes or outtakes of reporters – containing information that for the most part hasn’t been reported or aired, said Portnoy noting he has handled at least 50 such cases.

In the 1970s, Hawaii was on the verge of getting a shield law, but supporters pulled back – fearful of being at the mercy of a Legislature that was antagonistic to the news media.

Now 32 states have a shield law. Hawaii doesn’t, and media lawyers will have to rely on past court cases to argue against subpoenas or attempts to find out sources.

"It is just a matter of time," before a judge sends a reporter to jail, Portnoy said.

In fact, Hawaii is subject to a 1962 Hawaii Supreme Court case that says there is no privilege for reporters to bar people from finding out their sources of information

There is no constitutional right to do this, and it has to be done through a statute, and Portnoy said he has been fortunate to get journalists off using a Supreme Court justice’s suggested test of relevance and necessity for disclosure.

There are two kinds of shield laws – one an absolute and the other a conditional one.

Portnoy says the law ought to be "as absolute as possible" with maybe issues involving divulging trade secrets.

Constitutional law professor Jon Van Dyke said: "The devil is in the details."

He noted that some examples that Portnoy presented as resulting from a shield law – such as Watergate and Abu Grahib – came when there were no shield law protections.

Van Dyke said it is an "apple pie" issue and everyone is for things that promote the disclosure of important information.

One issue: "How much do we want to encourage the use of confidential information?" Van Dyke asked.

Also there are other issues such as what exceptions should be allowed and who should be covered, he noted.

Blogger Ian Lind says bloggers ought to be covered under a shield law and are deserving of protections that are enjoyed by traditional media. The field of news and how it is delivered is are changing dramatically.

Portnoy said it is difficult to define a blogger without granting such a privilege to "everyone with a computer."

Lind said that a shield law is a step toward licensing of media. It grants favors to a defined group and none to the others.

Jim Dooley, investigative reporter for the Honolulu Advertiser, said: "There’s always people who want to be a source."

He said he goes through a process before promising anonymity to a source:

• Is the information important – one that uncovers wrongdoing?
• Is the information something that be gotten some other way? One of the first things he will ask: Is the information available in a record elsewhere?

A promise of anonymity should not be granted casually, Dooley said.

He makes sure his supervising editor and higher editors are on board with any promises of anonymity.

Use of unnamed sources should be done carefully because they raise "questions in the reader’s mind," Dooley said.

To see Rep. Blake Oshiro's Shield Law draft, click here

To see Rep. Gene Ward's Shield Law draft, click here

9/24/07

*SPJ ** REGION 11 NEWSLINE – SEPTEMBER 2007 EXTRA!
*

*News and information for the Society of Professional Journalists, Region 11
*

*Arizona** , California, Hawaii, Nevada and the Pacific Islands*


Paul McAfee, Region 11 Director

E-mail: region11@gmail.com
Phone: (951) 236-2096



* * * * * * * * *
<http://www.spj.org/convention.asp>*Four Region 11 chapters honored with
national awards*

Four Region 11 professional chapters will be honored with national awards
during SPJ's Annual Convention and National Journalism Conference next month
in Washington, D.C.

SPJ recognizes several chapters each year for outstanding work during the
previous year in five key areas: First Amendment and Freedom of Information
activity, campus relations and scholarship activities, activities promoting
diversity among journalists, professional development and
continuing-education programs, and chapter communications. Awards are given
in each category to one large (75 or more members) and one small (fewer than
75 members) professional chapter.

The Northern California Pro Chapter is the large chapter being honored this
year in the area of First Amendment and Freedom of Information activity. The
NorCal chapter saw some of the year's most troubling government interference
issues and industry changes in the San Francisco Bay Area. The chapter
tackled these issues head-on by supporting Josh Wolf, Lance Williams, Mark
Fainaru-Wada and Sarah Olson. They also were active in supporting Jerry
Roberts and eight other former employees of the Santa Barbara News-Press.

The Valley of the Sun Pro Chapter in Phoenix is the large-chapter honoree
this year in the area of campus relations and scholarship activity. Chapter
President Teri Carnicelli volunteered her time in the spring and early
summer of 2006 on an advisory committee to help re-start the journalism
program and student newspaper at Phoenix College. The first classes in the
new journalism department were launched in the fall of 2006. Carnicelli, as
well as other Valley of the Sun board members, have been invited to serve as
guest professors in the department. The Valley of the Sun Chapter also
introduced its first-ever scholarship, which will be presented to a
returning Phoenix College journalism student.

The Hawaii Pro Chapter is the small chapter honoree in the same campus
relations and scholarship activity area. The Hawaii Pro Chapter awarded 14
student internships in 2006 and 2007 that totaled more than $24,000. (Actual two-year figure is about $49,000) The
funds for the internships are raised through the chapter's annual Gridiron
Show.

The Greater Los Angeles Pro Chapter is the large chapter recipient in the
area of diversity. The L.A. chapter hosted a diversity event March 29 at the
Redwood Bar and Grill in downtown Los Angeles. Journalists from nine
professional societies attended the event, which resulted in the formation
of the Southern California Journalism Council, a group of journalists who
will meet occasionally to plan events and discuss issues affecting reporters
throughout the Los Angeles region.

Winners were determined by SPJ volunteers who oversee chapter involvement,
using filed annual reports as a guide. This year's awards will be presented
on Oct. 6 at a dinner during the 2007 SPJ Convention and National Journalism
Conference at the Hyatt Regency Washington on Capitol Hill.

Congratulations to all four chapters for their outstanding work in these
core SPJ mission areas!

* * * * * * * * *
*Cal State Fullerton Chapter recognized*

Each year, all 12 regional directors select one chapter in their region that
has been outstanding in service to SPJ, their campus and the journalism
profession.

This year's Region 11 campus chapter award goes to the Cal State Fullerton
Student Chapter. The campus chapter did an excellent job of helping the
Orange County Satellite Chapter organize and present the Region 11 Mark of
Excellence Awards luncheon in April. The chapter's frequent movie nights
have also been successful in attracting prospective new members.

Congratulations to Fullerton Chapter President Jackie Kimmel, Chapter
Advisor Tom Clanin and the rest of the Fullerton Campus Chapter!

The regional campus awards will be presented during individual regional
meetings on Oct. 5 during the 2007 SPJ Convention & National Journalism
Conference in Washington, D.C.

* * * * * * * * *
*Chauncey Bailey named NorCal journalist of the year
*

Chauncey Bailey, slain editor of the Oakland Post, has been named Journalist
of the Year by the Northern California Chapter for his fierce commitment to
investigative journalism in the face of personal danger.

At a time when journalists around the world are under threat for simply
doing their jobs, Bailey was a forceful presence in print and on radio and
television in the Bay Area for the past 15 years. A tireless advocate for
the African-American community, he was assassinated while pursuing a story,
and evidence presented thus far shows that he was assassinated because he
was pursuing that story. His death is a loss to the Bay Area community he
served, to the young journalists he mentored, and to the profession of
journalism he so passionately practiced.

Bailey and the other winners will be honored at the NorCal Chapter's
Excellence in Journalism Awards dinner on November 8. For a full list of
NorCal award winners, visit the chapter's Web site at:
http://www.spj.org/norcal/

* * * * * * * * *
*Remembering fallen journalists in Arizona and California
*

Several prominent journalists have passed on in Region 11 in the past few
months. I close this term as your regional director by remembering these
journalists who made a mark in their respective worlds, and by expressing
sympathy to the surviving family members and friends of:

* Hal Fishman, who as a long-time anchorman at KTLA TV was an icon in Los
Angeles news.

* Chauncey Bailey, slain editor of the Oakland Post.

* The four Phoenix broadcast journalists killed in July when their
helicopters collided while they were covering a police pursuit: Rick Krolak
and Craig Smith of KNXV, and Scott Bowerbank and Jim Cox of KTVK.

* Bill Muller, a film critic for seven years and an investigative reporter
before that for The Arizona Republic, passed away Sept. 6 of kidney cancer.

* * * * * * * * *

*One final plug for next month's national convention!
*

It's still not too late to register for the 2007 SPJ Convention & National
Journalism Conference, which runs Oct. 4-7 at the Hyatt Regency Capitol Hill
in Washington, D.C.

A full slate of programming promises plenty of rewarding activity for
everyone, from the Opening Night Reception and half-day training workshops,
to the many professional development workshops and Journalism Expo. This
year SPJ is offering four large group gatherings on important topics to the
journalism community, called Super Sessions. And for you chapter delegates,
there are the annual business sessions and board elections.

Full information can be found on SPJ's Web site:
http://www.spj.org/convention.asp

* * * * * * * * *

I hope you enjoy receiving this periodic update on SPJ activities in
Arizona, California, Hawaii and Nevada . If you don't want to receive this
newsletter, please send a note to: region11@gmail.com. Your e-mail address
will be immediately removed from the distribution list.


Paul McAfee
Region 11 Director
region11@gmail.com
(951) 236-2096

9/5/07

Byron Acohido

USA Today

Join us for the Hawaii Chapter fall Press Club!

When: Wednesday, September 5

Time: 5:30 p.m.

Location: Thirtynine Hotel, 39 N. Hotel Street

Kathryn Drury Wagner introduces Byron Acohido

7/1/07

Thanks to the judges of the Ohio Newspaper Contest

Helen Altonn

Ken Andrade

Richard Borreca

Stephanie Kendrick

Stirling Morita

Gene Park

Chuck Parker

Jaymes Song

Lucy Young-Oda

6/29/07

When: 6:30 p.m. Friday, June 29, 2007; no-host cocktails at 6:00 p.m.

Where: 3660 on the Rise, 3660 Waialae Avenue

Costs: $38 for SPJ members and students; $42 for non-members; $320 for tables of 8

Make checks payable to Hawaii Chapter SPJ.

Credit cards accepted (Visa, MasterCard, American Express)

No shows will be billed

WINNERS WILL BE ANNOUNCED AT DINNER ONLY

RSVP by June 26, 2007 with dinner choice: Bright Light Marketing Group, 1001 Bishop St., ASB Tower Suite 900, Honolulu, HI 96813-3429. attn: Lisa Maruyama.

Phone: 275-3008; Fax: 524-8115.

E-mail: lisa@brightlightmarketing.com

Choice of Entree: Herb-Crusted Breaded Breast of Chicken with Red Wine Shallot Sauce, Warm Apple Crisp with Chantilly Cream

or

Pan-Seared Ginger Scallion Crusted Ahi Steak with Yuzu Sauce and Sweet Soy Drizzle, Old Fashioned Chocolate Cake

or

Vegetarian

Mesclun of Nalo Greens with Lemon Miso Dressing and Taro Rolls, and 3660’s Island Roast Coffee or Tea

Validated parking is available in the Waialae Building for $1. Enter from Wilhelmina Rise, just mauka of Waialae Avenue. You may park in any stall that is not reserved 24 hours a day.

Additional parking is available in the ProPark public parking lot behind the restaurant (also off Wilhelmina Rise) for $4.

Thank you to the judges of the Region 10 contest (Pacific Northwest)

Cathy S. Cruz

Craig Gima

Cindy Luis

Stirling Morita

Chuck Parker

Dave Reardon

Betty Shimabukuro

Kalani Simpson

Kathryn Drury Wagner

6/6/07

Northeast Asia: Meeting Regional Challenges in the Media

Luncheon Panel Presentation on:

• North Korea

• Regional Trade: Integration or Competition

• Reconciling Histories in NE Asia

Senior journalists from Japan, South Korea, and the United States will

convene at the East-West Center to discuss regional issues important to

Northeast Asia and the media’s role in covering these issues. The 3-day

conference will focus on themes such as: Breaking the Impasse: Moving

Ahead on North Korea; U.S. Politics and Asia Policy; Forces Driving Regional

Trade; and Reconciling Histories in Northeast Asia.

Journalists attending the dialogue represent Japan’s media (Asahi Shimbun,

The Mainichi Newspapers, Okinawa Times, Nikkei Newspapers, and NHK) Korea’s

media (Korea Economic Daily, Busan Ilbo, YTN, Pressian, KyungHyang Shinmun,

and Hankook Ilbo), and U.S. media (Bloomberg News, The Honolulu Advertiser,

US News and World Report, and CNN). Select journalists from the conference

will share their insights in a panel discussion during the luncheon program.

Wednesday,

June 6, 2007

East-West Center

Hawai’i Imin International

Conference Center

Garden Level

1777 East-West Road

11:30 a.m.

Registration

Noon - 1:30 p.m.

Lunch & Program

Luncheon Cost:

$20.00 co-sponsor

members

$22.00 non-members

Please RSVP

by Friday, June 1

Parking: $3.00

Pay at guard kiosk on East-

West Rd. Display flyer on

dashboard. Limited parking

available on the grass

between the Imin International

Conference Center and

Lincoln Hall.

Contact info:

Ph. 944-7111

Fax: 944-7376

Email:

ewcinfo@eastwestcenter.org

www.eastwestcenter.org

Registration Form: Northeast Asia Journalists Luncheon – June 6, 2007

Name(s): ________________________________________________________Phone: ___________________________

Address: _____________________________________________________________ Vegetarian: _________________

Please make checks payable to: East-West Center and mail to: EWC Office of External Affairs, 1601 East-West Road,

Honolulu, Hawai‘i 96848-1601. You may also fax in your reservation form to 944-7376. No-shows will be billed. Please

RSVP by Friday, June 1, 2007. For information, please call 944-7111 or email ewcinfo@eastwestcenter.org. If you would

like to receive email announcements of future East-West Center events, please print your email address below.

Email:_______________________________________________________________________________________

Co-sponsors: East-West Center, Friends of the East-West Center, Pacific and

Asian Affairs Council, Society of Professional Journalists, and the Honolulu

Community-Media Council.

Sponsored by:

5/25/07

The East-West Center, Friends of the East-West Center, Pacific and Asian Affairs Council,

Society of Professional Journalists, and the Honolulu Community-Media Council

cordially invite you to a luncheon seminar on

Building Understanding between the

United States and the Asian Muslim World

Journalists from the United States and Asian countries with substantial

Muslim populations will present their reflections and new insights

stemming from their participation in the Senior Journalists Seminar, an

EWC travel, study, and dialogue program. This program offers an

opportunity for senior reporters, columnists, and producers to engage

their peers on issues that have hurt relations between these Asian

countries and the U.S., especially since 9/11.

2007 Senior Journalists Seminar Participants:

Afghanistan: Mujahid Kakar, Journalist and News Manager, Tolo TV, Kabul

Bangladesh: Sajjad Sharif, Deputy Editor, Prothom Alo, Dhaka

India: Shahid Ahmed Khan, Regional Manager (East) and Bureau Chief,

Press Trust of India, Kolkata

S. Hussain Zaidi, Senior Editor, Indian Express, Mumbai

Indonesia: Abdul Latif Siregar, News Producer, TPI TV, Jakarta

Malaysia: Non Einai Mohammed Amin, Journalist, Utusan Malaysia, Kuala Lumpur

Pakistan: Ashraf Ali, Producer and Reporter, BBC World Service, Peshawar

Philippines: Marilou Cadelina Manar, Program Director, DXND-AM and DXDM-FM,

NorthCotabato

United States: James Gibney, Deputy Managing Editor, Atlantic Monthly, Washington, DC

Eric Gorski, Religion Writer, Associated Press, Denver, Colorado

Cathy Grossman, Religion Writer, USA Today, Washington, DC

K. Oanh Ha, Host, “Pacific Time,” KQED Radio, San Francisco, California

James O’Toole, Politics Editor, Pittsburgh Post-Gazette, Pittsburgh, Pennsylvania

Stephanie Shapiro, Features Writer, Baltimore Sun, Baltimore, Maryland

Janet Tu, Religion Reporter, Seattle Times, Seattle, Washington

Date:

Friday

May 25, 2007

Hawai’i Imin International

Conference Center

Garden Level

1777 East-West Road

Time:

11:30 AM -Registration

12:00 p.m. 1:30 p.m. - Lunch & Program

Cost:

$20.00 — co-sponsor members

$22.00 — non-members

Please RSVP by Monday, May 21

Parking:

$3.00

Please pay at guard kiosk on

East-West Road and display flyer on

dashboard. Limited parking available

on grass area between the Imin

International Conference Center and

Lincoln Hall.

Contact info:

Ph. 944-7111

Fax: 944-7376

ewcinfo@eastwestcenter.org

www.eastwestcenter.org

Registration Form: Building Understanding – May 25, 2007

Name(s): ____________________________________________________________Phone: ________________________

Address: _____________________________________________________________ Vegetarian: _________________

Please make checks payable to: East-West Center and mail to: EWC Office of External Affairs, 1601 East-West Road,

Honolulu, Hawai‘i 96848-1601. You may also fax in your reservation form to 944-7376. No-shows will be billed. Please

submit RSVPs by May 21, 2007. For information, please call 944-7111 or email ewcinfo@eastwestcenter.org. If you would

like to receive email announcements of future East-West Center events, please print your email address below.

Email:_______________________________________________________________________________________

Sponsored by:

SPONSORING ORGANIZATIONS