Tag Archives: GateHouse

Arrest records and mug shots are not secret under state law

pyleBy Jeffrey J. Pyle

Thanks to The Boston Globe’s Todd Wallack, we learned last week that the supervisor of records, charged with enforcing the Massachusetts public records law, has permitted police departments withhold arrest reports and mug shots from the public in their “discretion.” Unsurprisingly, police departments have exercised that “discretion” to shield the identities of police officers arrested for drunken driving while publicizing the arrests of other Massachusetts residents for the same crime.

Yesterday, Secretary of State William Galvin took to Jim Braude’s “Greater Boston” show on WGBH-TV (Channel 2) to defend the rulings. He pointed out that he had previously ruled that arrest reports to be public, but said he had to back down because another agency, the Department of Criminal Justice Information Systems (DCJIS), told him the records are secret under the “criminal offender record information” (CORI) statute. Former attorney general Martha Coakley shared that view, Galvin said, and the new attorney general, Maura Healey, has tentatively agreed.

But are they correct? Does the law allow the police officers to decide which arrest reports do and do not get released? The answer, thankfully, is no.

First some quick background. The public records law creates a presumption that all government records are public. Only if a specific, listed exemption applies can the government withhold documents, and those exemptions are supposed to be construed narrowly. Galvin relies on the exemption for records “specifically or by necessary implication exempted from disclosure by statute,” here, the CORI law. The CORI law does impose certain limits on the disclosure of “criminal offender record information,” but it limits that term to information “recorded as the result of the initiation of criminal proceedings and any consequent proceedings related thereto.”

The word “initiation” is important. As late as 2010, Galvin’s office held the commonsense view that a “criminal proceeding” is initiated with the filing of a criminal complaint. Arrest reports and mug shots are generated before criminal complaints are filed, so they’re presumptively public. But in 2011, the DCJIS (which administers the state’s CORI database) told Galvin it believed “initiation of criminal proceedings” means “the point when a criminal investigation is sufficiently complete that the investigating officers take actions toward bringing a specific suspect to court.” That necessarily precedes arrest and booking, so all arrest reports and mug shots are covered by CORI. This “interpretation” is now contained in a DCJIS regulation. Another regulation says that police can release CORI information surrounding an investigation if they think it’s appropriate to do so.

In the common parlance, however, “criminal proceedings” occur in court, and they begin with the filing of a criminal charge. We don’t typically think of an arrest without charges as involving a “proceeding.” Galvin seems to agree — his office’s rulings have said only that DCJIS believes “initiation” occurs earlier — but he has thrown up his hands and deferred to this odd “interpretation” of the CORI statute.

The thing is, Galvin isn’t bound by what DCJIS says. The public records law says that the supervisor of records is entitled to determine “whether the record requested is public.” The DCJIS’s regulation adopting this view is irrelevant, too, because as noted above, the public records law only exempts documents “specifically or by necessary implication exempted from disclosure by statute.” The Supreme Judicial Court ruled in 1999 that the “statutory” exemption doesn’t extend to mere regulatory enactments “promulgated under statutory authority,” even “in close cooperation with the Legislature.” Despite this ruling, just Wednesday, Galvin’s office again refused to order state police officer mug shots to Wallack on the ground that “[b]y regulation,” — not statute — they are exempt CORI documents.

Wallack’s reporting has led us to a momentous Sunshine Week in Massachusetts. We’ve seen unusual, coordinated editorials in major Massachusetts newspapers condemning the rulings, a letter published in the Globe, the Boston Herald and GateHouse Media newspapers (including The Patriot Ledger of Quincy and The Herald News of Fall River) signed by members of the Northeastern Journalism School faculty, and extensive coverage on the normally neglected subject of government transparency.

To his credit, Galvin is calling for reforms to the public records law, and Attorney General Healey has vowed to work with his office to strengthen transparency. Reforms are sorely needed, especially to require shifting of attorneys’ fees if a requester successfully sues. But in the meantime, Galvin can and should reconsider his misguided rulings on arrest records.

Jeffrey J. Pyle is a partner at the Boston law firm of Prince Lobel Tye and a trial lawyer specializing in First Amendment and media law.

Northeastern j-school faculty calls for public-records reform

The state’s weak public-records law has long needed to be reformed. A lack of meaningful penalties for government agencies that refuse to turn over public records, outrageous fees and other problems make Massachusetts a laggard when it comes to transparency. Several years ago the State Integrity Investigation awarded Massachusetts a richly deserved “F” on public access to information.

Last week brought mind-boggling news from Todd Wallack of The Boston Globe, who reported that Secretary of State William Galvin’s office has issued rulings allowing certain formerly public records to be suppressed, including arrest reports of police officers charged with drunken driving. (Galvin later turned around and called for an initiative petition to put some teeth in the public-records law. Make of that what you will.)

Now the Globe, the Boston Herald and GateHouse Media Massachusetts have editorialized in favor of significant reform. The Massachusetts Freedom of Information Alliance, a group comprising the New England First Amendment Coalition, the ACLU of Massachusetts, the Massachusetts Newspaper Publishers Association and others, is calling for immediate action.

Seventeen of my colleagues and I at Northeastern’s School of Journalism lent our voices to the cause this week with a letter that has been published in the Globe, the Herald and (so far) two GateHouse papers: The Patriot Ledger of Quincy and The Herald News of Fall River. Because the Globe and the Herald were unable to run everyone’s names, I am posting them here. They include full-time as well as adjunct faculty:

  • Dan Kennedy, interim director
  • Chris Amico
  • Mike Beaudet
  • Nicholas Daniloff (emeritus)
  • Charles Fountain
  • Carlene Hempel
  • Joy Horowitz
  • Jeff Howe
  • William Kirtz
  • Dina Kraft
  • Jean McMillan Lang
  • Laurel Leff
  • Gladys McKie
  • Lincoln McKie
  • Bill Mitchell
  • Tinker Ready
  • James Ross
  • Alan Schroeder

This is Sunshine Week, an annual celebration of open government. In Massachusetts it’s time to let the sun shine in.

Worcester Sun hopes to compete with Telegram & Gazette

Looks like the GateHouse Media-owned Telegram & Gazette of Worcester is getting some competition. Mark Henderson, the T&G’s former online director, is starting a news organization called the Worcester Sun, an online-mostly project with a paid Sunday paper.

The Sun has a $150,000 Kickstarter campaign, a website, and a presence on Facebook and Twitter, all of which are linked in the press release below. Go Local Worcester posted a story about the Sun on Saturday.

Best of luck to Henderson and cofounder/managing editor/creative director Fred Hurlbrink Jr., like Henderson a former GateHouse journalist.

WORCESTER, Massachusetts — Worcester Media Partners is proud to announce the launch of the Worcester Sun, an impact community journalism enterprise comprising a unique combination of best-in-class digital offering with a paid Sunday print product.

These products will be supported by an intuitive business model that puts quality journalism, and more importantly the folks who produce and consume it, at the forefront by leveraging the modern media world’s best efficiencies in a sustainable package.

Worcester Sun can be found at its new home on the web: www.worcester.ma; also look for regular updates and announcements on Facebook and Twitter.

In order to build the type of journalism enterprise Worcester deserves, Worcester Media Partners recognizes the necessity of ambition. We have set our sights high, and we look forward to the continued support of our community. Please visit our Kickstarter page to learn more about the project and how folks can pledge their support to the future of local journalism in and around the Seven Hills.

Worcester Sun was conceived by Mark Henderson, a 30-year veteran of Worcester-area journalism, who most recently spent several years as the online director of the Telegram & Gazette. There, he marshalled a number of innovations that propelled telegram.com to rank in the top 10 nationally in 2013 in audience growth and subscriber volume.

“We believe that when the number of former journalists exceeds the number of working journalists there is an opportunity and a need for a new approach,” Henderson said.

“The Sun will be the first news startup in the nation to launch with a paid Sunday newspaper.  We recognize that this is a huge undertaking, but we believe the community is ready for this approach. In addition, over the long run we believe this model could work in as many as 100 cities nationwide.”

Henderson is joined by co-founder Fred Hurlbrink Jr., managing editor/creative director. The group is working with no less than a dozen advisors, many among the leaders in their field in New England, who have logged more than 200 years of community journalism experience.

Under the leadership of this impressive cadre of innovative, experienced journalism pros, and with the support of the area’s brightest reporters, photographers, designers and new media professionals, Worcester Sun intends to provide the community with impactful, civic-minded journalism that promotes intelligent conversations and positive change.

Worcester Sun will shine a light into the deepest corners of the topics and events that matter most to the city and its residents. We will cover stories with candor and perspective. We will never pander or underestimate our readers. We will hold public officials accountable. We will hold ourselves accountable doubly so.

Worcester Sun will change journalism in Worcester. It is, indeed, a new day.

Three tales of woe from GateHouseLand

Steve DeCosta (via Twitter)

Steve DeCosta (via Twitter)

The nice thing about missing out on bad news from GateHouse Media* is that you only have to wait a few days for fresh material. Thus we learn today that The Standard-Times of New Bedford is getting rid of three newsroom jobs. Here’s the internal email from editor Beth Perdue:

Colleagues,

Today we eliminated three editorial positions in an effort to align our staffing levels to expected revenues in 2015 and levels at similar sized media companies.

These are always tough decisions and my heart goes out to those who departed. Their loss will be felt by all of us.

Please know that these changes represent the full extent of planned reductions in the newsroom.  While changes like this are very difficult, we can now focus fully on pursuing a variety of opportunities that will help us move forward.

— Beth

I hear that among those departing is veteran reporter Steve DeCosta, a respected figure in the newsroom since  the late 1970s. I also understand that Simón Rios is leaving the paper for WBUR Radio (90.9 FM). The cuts, I’m told, will shrink the reporting staff to five, compared to nine just two years ago. (I’m asking for details on the third job that’s been eliminated and will update if I hear anything.)

You may recall that Perdue’s predecessor as editor, Bob Unger, resigned in December rather than implement GateHouse-ordered cuts. Boston Globe reporter (and GateHouse alumnus) Jon Chesto wrote at the time that Unger was “hoping his sacrifice will save two or three lower-paying jobs.” If you scroll to the bottom of Chesto’s story, you’ll see what I told him: Don’t count on it.

• T&G reporter quits over shrinking pay. In a departure that has gotten national buzz, Thomas Caywood, an investigative reporter for the Telegram & Gazette in Worcester, quit after management refused to give him a 3 percent raise — which, he said, would have offset only a fraction of the reduction in income he’s been subjected to over the years. Here is part of what Caywood wrote to T&G publisher James Normandin:

For your background, I have been a reporter at the Telegram & Gazette since September 2007, during which time I have had one small pay raise. The cumulative impact of inflation over the last seven years of my employment has been to reduce the value of my annual earnings by nearly 14 percent. My vacation allotment was reduced from three weeks a year to two weeks by Halifax Media Group. Meanwhile, our benefits cost more and cover less than before the Halifax acquisition….

All I require is a 3 percent raise and restoration of my previous three-weeks-a-year vacation allotment. The meager raise would barely be noticeable to my finances, but it’s vital to me that I see some tangible evidence of this commitment to quality journalism of which you and GateHouse speak.

Caywood told Jim Romenesko: “I didn’t leave the Telegram & Gazette with any hard feelings and my departure was not intended as some kind of provocative ‘fuck you’ gesture…. But I just couldn’t avoid any longer the unwelcome truth that I valued the job more highly than the company valued me.”

If you’re having a hard time following the bouncing chains, Globe owner John Henry sold the T&G to Halifax Media Group of Florida in 2014. Halifax turned around a few months later and sold out in its entirety to GateHouse, which is based in suburban Rochester, New York. Here is the analysis I wrote for WGBHNews.org in November.

• Cape Cod Times to close printing plant. The Cape Cod Times and its affiliated weeklies will shut down their printing press in Hyannis and move production to the Providence Journal.

This move, at least, makes sense, and has been anticipated from the time that GateHouse acquired the Journal last summer. But “an undisclosed number of jobs” will be eliminated, writes Times reporter Bryan Lantz. And here’s more from Jon Chesto.

*For the sake of simplicity, I am referring to the corporate owner of all these papers as GateHouse Media. The chain’s acquisition branch is known as New Media Investment Group.

Update. I’m now hearing that DeCosta and two other newsroom people were let go at The Standard-Times — not counting Rios, who’ll begin his new job at WBUR soon.

 

GateHouse parent buys T&G — and its parent chain

Screen Shot 2014-11-20 at 5.26.17 PMA huge newspaper deal was announced late this afternoon. The parent company of GateHouse Media of Fairport, New York, which has been on the march since emerging from bankruptcy last year, is buying out Halifax Media Media Group of Daytona Beach, Florida. Locally, the acquisition greatly expands GateHouse’s footprint in the central part of the state: earlier this year Boston Globe owner John Henry sold the Telegram & Gazette of Worcester to Halifax.

Jim Romenesko has the memo from GateHouse chief executive Kirk Davis.

GateHouse now owns almost every significant newspaper property in Eastern Massachusetts (and beyond) other than the Globe and the Boston Herald. The Digital First papers, which include the Lowell Sun and the Fitchburg Enterprise & Sentinel, are for sale. Will GateHouse scoop them up? What about the CNHI papers, which include The Eagle-Tribune of North Andover and three other dailies in that region? How long can they hold out?

Even before its latest acquisition spree, GateHouse owned about 100 papers in Eastern Massachusetts — mostly weeklies, but also mid-size dailies such as the MetroWest Daily News of Framingham, The Enterprise of Brockton and The Patriot Ledger of Quincy. In the past year GateHouse has added the Cape Cod Times, The Standard-Times of New Bedford, The Providence Journal and — in a little-noticed move just last week — Foster’s Daily Democrat of Dover, New Hampshire, a small but legendary community daily.

GateHouse has a well-earned reputation for cutting staff and compensation, although that hardly makes it unique. The larger story is that its executives clearly believe it can be the last local-newspaper chain standing by centralizing every part of its operations that aren’t strictly tied to local news.

A considerable amount of copy editing is being moved to a facility in Austin, Texas. The ProJo has a nice new press, and no doubt it will soon be printing as many GateHouse papers as it can accommodate — possibly cutting into the Globe’s printing business. GateHouse also owns what Davis calls a “digital services agency” called Propel Marketing.

At a time when few business executives want to mess with the newspaper business, GateHouse has gone all in. How it will end is anyone’s guess. But GateHouse has been down this road before, and it ended in bankruptcy. If Kirk Davis and company have a better idea this time, we should soon find out.

More: “Copy editing” at daily newspapers traditionally refers to editing stories for grammar and style, writing headlines and laying out pages. I am told that the Austin facility’s mission is limited to page design, though some copy editors at the ProJo are losing their jobs.

The Providence Phoenix, 1978-2014*

Screen Shot 2014-10-10 at 7.20.05 AMAs you may have already heard, The Providence Phoenix is shutting down, about a year and a half after The Boston Phoenix closed its doors. Ted Nesi of WPRI covers it here. Awful news, but not entirely unexpected. As recently as a few months ago, I was hearing that The Portland Phoenix of Maine was doing well but that Providence was lagging financially.

What happened? It’s hard to say. But Portland is a smallish city, insular and self-contained — the sort of place where alt-weeklies seem to be surviving. An example: Seven Days of Burlington, Vermont, which appears to be thriving. Providence, by contrast, is a fairly large city within the orbit of Greater Boston.

The demise of The Providence Phoenix would be bad enough on its own. What makes it even worse is that the Providence Journal is in the midst of downsizing following its sale to a company affiliated with the GateHouse Media chain. There is a real gap in Providence, and it’s not immediately clear what will fill it. Perhaps Rhode Island Public Radio can beef up its online local coverage. Maybe the online-only news site GoLocalProv will rise to the challenge. Or something new might come along.

The Providence Phoenix has produced some fine journalists over the years, including Ian Donnis of RIPR and David Scharfenberg of The Boston Globe. And best wishes to editor Lou Papineau, a veteran who started at the paper back when it was known as the NewPaper, and news editor Phil Eil, a more recent hire.

Best wishes, too, to publisher Stephen Mindich, who kept the Boston and Providence papers alive for as long as he could. I hope the future is brighter for The Portland Phoenix — now the only remaining alt-weekly in what was once a vibrant regional chain.

And yes, I plan to rant about this later today on WGBH’s “Beat the Press.”

(Note: I was a staff writer and editor for The Boston Phoenix from 1991 to 2005, and last wrote for the Providence and Portland papers this past July.)

*Correction: The headline originally gave the incorrect year for the founding of The Providence Phoenix, which began life as The NewPaper. As founder Ty Davis writes in the farewell issue, he began the paper during the Blizzard of 1978.

Cuts are imminent at the ProJo and the New Haven Register

The redoubtable Ian Donnis of Rhode Island Public Radio reports that The Providence Journal may shed up to 40 jobs once an affiliate of GateHouse Media has completed its purchase of the paper. Donnis’ source is impeccable: the number is included in paperwork GateHouse filed with the Securities and Exchange Commission.

Donnis does not say how many employees the Journal now has, and I was unable to find that number in recent coverage of the sale. I’ll add it if someone passes it along. Also, I assume that all 40 cuts will not be in the newsroom.

Also, Philip Eil of The Providence Phoenix takes a look (link now added) at what the sale means for the venerable paper. (Founded in 1829, the Journal bills itself as the oldest continuously published daily paper in the United States.)

In other dispiriting news, Paul Bass of the New Haven Independent reports that another round of deep cuts is imminent at the New Haven Register. Once part of the Journal Register Co., perhaps the worst newspaper chain in the country, and in more recent years a beacon of hope under Digital First impresario John Paton, the entire chain — which includes Massachusetts titles such as The Sun of Lowell, the Sentinel & Enterprise of Fitchburg and The Berkshire Eagle — is now believed to be for sale.