Report: Former Globe reporter Andrea Estes wins her arbitration case

Former Boston Globe investigative reporter Andrea Estes, who was fired in the spring of 2023 after the paper published a botched report about top MBTA managers who were working from remote locations, has won a grievance that she filed through the Globe’s union, according to Scott Van Voorhis of Contrarian Boston.

Estes, who is now a reporter with the Plymouth Independent, is eligible to receive back pay and could return to the Globe, Van Voorhis writes, although he observes, “We wouldn’t bank on it.” The Independent is one of the larger, better-funded nonprofits, and its editor-founder, Mark Pothier, is himself a Globe alumnus.

There’s no question that the story Estes helped report had significant problems. But the breakdown had all the appearances of a group effort, and it’s never been clear exactly why Estes, who had compiled an admirable record during her years at the Globe, was singled out.

Van Voorhis also published a statement from the Globe he received that reads:

The trust of our readers and our community is our greatest asset, and we will always strive to ensure that our journalism is worthy of them.  If it falls short, we will continue to take necessary action to maintain this trust.

We are disappointed by the arbitrator’s decision which deprived the company of our rights under our collective bargaining agreement with the Guild.  We of course will nonetheless respect the decision.

Among other things, Estes and her colleagues reported that nine MBTA managers were living in remote locations across the country and working virtually. The actual number turned out to be six.

In November 2023, Bruce Mohl reported in CommonWealth Beacon that Estes may have been the victim of stonewalling state bureaucrats who did not give her the information she needed to get the story right.

Earlier coverage.

Plymouth official threatens reporter for recording a public, live-streamed meeting

On a Tuesday earlier this month, Fred Thys, a reporter for the Plymouth Independent, took a seat in the front row for that evening’s select board meeting and turned on his audio recorder — openly, and in plain view. You may remember Thys from his long career at WBUR Radio. Now he’s on staff at the Independent, one of the larger and better-funded nonprofit news startups that’s popped up in recent years.

Suddenly a member of the board interrupted the proceedings. As recounted by Independent editor and CEO Mark Pothier, that member, Kevin Canty, proceeded to inform those on hand that state law was being violated because an audio recording was being made without any advance notice being given. Although Canty did not call out Thys by name, Pothier wrote that Canty’s words appeared to be directed at the reporter as he told those in attendance:

There is a wiretapping statute that prohibits the discreet recording of even a public meeting by a private individual or member of the media that is punishable by up to five years in state prison, or two and a half years in jail. So if you are making any recording without making those in the room aware of that, I would encourage you to reconsider that particular stance.

Now, Canty was not 100% wrong, though he was more wrong than right, and his warning was certainly at odds with the interests of governmental transparency. Thus he has richly earned a New England Muzzle Award for attempting to interfere with a journalist who was simply trying to do his job.

Let’s count up the absurdities.

  1. The proceedings were already being live-streamed on YouTube by the local public access operation and would be posted for posterity within a few days of the meeting.
  2. Canty immediately reached for the state wiretapping law, which was sometimes used to stop citizen activists from recording police officers while performing their duties — but which, as Pothier observes, a federal appeals court ruled was a violation of the First Amendment.
  3. If it bothered Canty so much, why he didn’t just take Thys aside at a break in the meeting and ask him to announce that he was recording at future meetings?

Justin Silverman, executive director of the New England First Amendment Coalition, told the Independent that “you have a meeting that’s being live streamed and recorded. Certainly, there’s no expectation of privacy here. One really needs to question what the intent was to make that threat of jail time. Was it to intimidate the journalist?”

But Canty, a lawyer, did have a thin reed to grasp onto. Under state law, anyone who plans to make an audio recording of an interview or a gathering needs to inform those present. At one time we all thought that the explicit permission of the party or parties being recorded was necessary, but that was clarified by the state’s Supreme Judicial Court in 2021. Still, you do have to say something.

When I asked Silverman about that, he replied by email that Thys should have notified the chair, although he was within his rights to record whether the chair liked it or not. “That said, I’m not aware of any penalty, if there is one, for not making the announcement,” Silverman said. “I’m also skeptical about whether this requirement would even apply in cases where the meeting is already being recorded by the town and live-streamed.”

Two other points of note.

First, when Canty made his public announcement, he said he was speaking on behalf of the town manager, Derek Brindisi, but Brindisi later suggested that Canty was exaggerating. Brindisi told Pothier that he let a couple of the select board members know that someone was recording and suggested they make an announcement. “So it was nothing other than that … You have to speak to Kevin about why he chose the words that he chose,” Brindisi said.

Canty, for his part, said his remarks were not grounded in any animus toward Thys or the Independent. “It’s just my general practice as a rule as a criminal defense attorney to discourage people from committing felonies,” he said.

Second, Thys said he’s been recording public meetings for years without making an announcement, and he had never run into trouble before. As it turns out, the meeting was covering was unusually fraught — the select board was removing a founding member of the Community Preservation Committee who had chaired it since it was established in 2002. If you can’t stand the heat, etc.

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The Plymouth Independent, a nonprofit stocked with Boston Globe veterans, goes live

The Plymouth Independent, a high-profile nonprofit news project, has made its long-awaited debut. The site right now is leading with a story by former Boston Globe reporter Andrea Estes on the town’s affordable housing crisis.

Estes is just one of several Globe folks involved in the site: the editor, Mark Pothier, was a high-ranking editor at the Globe, and Globe veteran Walter Robinson is listed as an adviser to the board. Estes is one of two staff reporters; the other is Fred Thys, formerly of WBUR Radio and VTDigger.

Notably, the Independent has a social media presence on Facebook, Instagram and LinkedIn, but not on X/Twitter. I’m sure we’re going to see more and more of that. It’s also one of two nonprofit news sites to launch in Eastern Massachusetts this month, along with The Belmont Voice.

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CommonWealth Beacon reports new details on Andrea Estes’ firing by the Globe

Photo (cc) 2022 by Dan Kennedy

CommonWealth Beacon has just published a story by its editor, Bruce Mohl, shedding some light on an exceedingly strange episode from earlier this year: The Boston Globe’s decision to fire veteran investigative reporter Andrea Estes after the paper published a story reporting that three top MBTA managers were living far from Greater Boston when in fact they made their homes in the local area. The story, on which Estes had the lead byline, reported that nine T officials had such an arrangement; in fact, it was six. The Globe had to run several corrections as a result.

Mohl reports that the errors in the story came about because the managers themselves were not allowed as a matter of policy to speak with the press without permission, and that they thought the MBTA public relations office was going to respond on their behalf — but the Massachusetts Department of Transportation (MassDOT) ordered the T to stay silent. Mohl writes:

At the MBTA, workers are advised not to talk to reporters, leaving that job to public relations officials. But in this instance the MBTA public relations officials, on orders from higher-ups at the Massachusetts Department of Transportation, ignored calls from Estes seeking to verify the information she had gathered. The result was a story that unfairly tarred at least three employees at the MBTA and caused the firing of Estes.

Disclosure: I’m a member of CommonWealth’s board of advisers.

This entire saga has been weird, and though Mohl’s story answers some of the outstanding questions, it doesn’t answer all of them. Why would MassDOT not allow the T to defend its own employees? Why was Estes fired if she wasn’t entirely at fault? In addition, editor Nancy Barnes said there would be some public accountability after Estes left the Globe, but Mohl suggests that may have been derailed by a pending arbitration hearing sought by Estes.

A further indication that at least some of Estes’ peers believe she was wronged came when she was hired recently as a staff reporter by the Plymouth Independent, a fledgling nonprofit edited by Mark Pothier, until recently a high-ranking editor at the Globe, and advised by Globe legend Walter Robinson. “Having her on staff sends a strong message about the kind of serious journalism we plan to do,” Pothier said in a press release announcing her hiring.

Thanks to Mohl’s digging, we now know more than we did. I still hope the full story comes out at some point.

Earlier:

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The Plymouth Independent hires Andrea Estes, citing her ‘unparalleled’ skills

Investigative reporter Andrea Estes, who was fired by The Boston Globe in May following a report about management problems at the MBTA that contained several significant errors, has been hired as a staff reporter by the Plymouth Independent, a new nonprofit news organization.

The press release announcing her hiring quotes Independent editor Mark Pothier, who was until recently a top editor at the Globe, praising Estes fulsomely: “Andrea’s talent for rooting out important news is unparalleled. There’s a well-worn saying about sunlight being the best disinfectant, but it holds true. And I’m confident she’ll bring a lot of sunshine to town. Having her on staff sends a strong message about the kind of serious journalism we plan to do.”

Also involved with the Independent is the legendary Globe reporter Walter Robinson, still an editor-at-large at the Globe.

Although the MBTA story that apparently led to Estes’ departure contained a number of problems, the Globe has never explained what went wrong, what Estes’ role was, and who else might have been responsible, either in whole or in part. By bringing Estes to the Independent, Pothier and Robinson have signaled their support for someone with a long track record of outstanding work.

Earlier:

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Greater Boston arts and local news get a boost from three new nonprofit projects

There’s good news about local news in Greater Boston today on three fronts. I’ll start with an attempt to revive arts reviews — at one time a staple of mainstream and alternative publications, but now relegated to niche outlets like The Arts Fuse, a high-quality website edited by Boston University professor and former Boston Phoenix arts writer Bill Marx.

Recently Paul Bass, the executive director of the nonprofit Online Journalism Project in New Haven, Connecticut, launched a grant-funded project called the Independent Review Crew (link now fixed). Freelancers in seven parts of the country are writing about music, theater and other in-person cultural events. Boston is among those seven, and freelance writer-photographer Sasha Patkin is weighing in with her take on everything from concerts to sand sculpture.

You can read Patkin’s work on the Review Crew’s website — and, this week, her reviews started running on Universal Hub as well, which gives her a much wider audience. Here’s her first contribution.

Bass is the founder of the New Haven Independent, started in 2005 as part of the first wave of nonprofit community websites. The Online Journalism Project is the nonprofit umbrella that publishes the Indy and a sister site in New Haven’s northwest suburbs; it also oversees a low-power radio station in New Haven, WNHH-LP. Before 2005, Bass was a fixture at the now-defunct New Haven Advocate, an alt-weekly that, like the Phoenix, led with local arts and was filled with reviews. The Review Crew is his bid to revive the long lost art, if you will, of arts reviewing.

Other places that are part of The Review Crew: New Haven; Tulsa, Oklahoma; Troy/Albany, New York; Oakland, California; Hartford, Connecticut; and Northwest Arkansas (the Fayetteville metro area is home to about 576,000 people).

I’ve got all kinds of disclosures I need to share here. I gave Bass some guidance before he launched The Review Crew — not that he needed any. The Indy was the main subject of my 2013 book “The Wired City,” and I’ve got a lengthy update in “What Works in Community News,” the forthcoming book that Ellen Clegg and I have written. I also suggested Universal Hub to Bass as an additional outlet for The Review Crew; I’ve known Gaffin for years, and at one time I made a little money through a blogging network he set up. Gaffin was a recent guest on the “What Works” podcast.

In other words, I would wish Paul the best of luck in any case, but this time I’ve got a bit more of a stake in it.

***

The Phoenix was not the city’s last alt-weekly. For nearly a decade after the Phoenix shut down in 2013, DigBoston continued on with a mix of news and arts coverage. Unfortunately, the Dig, which struggled mightily during COVID, finally ended its run earlier this year. But Dig editors Chris Faraone and Jason Pramas are now morphing the paper into something else — HorizonMass, a statewide online news outlet. Pramas will serve as editor-in-chief and Faraone as editor-at-large, with a host of contributors.

HorizonMass will publish as part of the Boston Institute for Nonprofit Journalism, founded by Faraone and Pramas some years back to funnel long-form investigative coverage to a number of media outlets, including the Dig. HorizonMass will also have a significant student presence, Pramas writes, noting that the project’s tagline is “Independent, student-driven journalism in the public interest.” Pramas adds:

With interns working with us as reporters, designers, marketers, and (for the first time) editors, together with our ever-growing crew of professional freelance writers, we can continue to do our part to train the next generation of journalists while covering more Bay State happenings than ever before. We hope you enjoy our initial offerings and support our efforts with whatever donations you can afford.

***

Mark Pothier, a top editor at The Boston Globe, is leaving the paper to become the editor and CEO of the Plymouth Independent, a well-funded fledgling nonprofit. Pothier, a longtime Plymouth resident and former musician with the band Ministry, is already listed on the Independent’s masthead. Among the project’s advisers is Boston Globe journalist (and my former Northeastern colleague) Walter Robinson, also a Plymouth resident, who was instrumental in the launch of the New Bedford Light. Robby talked about the Plymouth Independent and other topics in a recent appearance on the “What Works” podcast.

Pothier started working at the Globe in 2001, but before that he was the executive editor of a group of papers that included the Old Colony Memorial, now part of the Gannett chain. When Gannett shifted its Eastern Massachusetts weeklies to regional coverage in the spring of 2022, the Memorial was one of just three that was allowed to continue covering local news — so it looks like Plymouth resident are about to be treated to something of a news war.

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From ‘Spotlight’ to a spotlight on local news: A conversation with Walter Robinson

Walter Robinson speaking at a New England First Amendment Coalition event

In the latest “What Works” podcast, Ellen Clegg and I talk with Walter Robinson, a longtime investigative journalist and editor of The Boston Globe’s Spotlight Team. Robby, as he is known, was instrumental in uncovering the clergy sex abuse scandal that rocked the Catholic Church in Boston and beyond. The series won the Pulitzer Prize for Public Service in 2003. The team’s work was captured onscreen in the movie “Spotlight,” where Robby was played by the actor Michael Keaton.

Robby is a former colleague — he was a Distinguished Professor of Journalism here at Northeastern. He was also a 1974 graduate of Northeastern’s journalism program and participated in co-op.

Robinson covered and edited local news at the Globe. But he ranged wide. He reported from 48 states and 33 countries. He covered the White House during the Reagan and George H.W. Bush administrations. He was also the Globe’s Middle East bureau chief and covered the first Persian Gulf War.

In recent years, Robby has been focused on the local news crisis in a big way. He has been deeply involved in the New Bedford Light, an impressive nonprofit digital news outlet. He lives in Plymouth, so it’s perhaps no surprise that he is a key adviser to the board of directors at the new Plymouth Independent.

I’ve got a Quick Take on developments in the junkyard known as Twitter. Ellen reports on a new podcast out of Memphis called “Civil Wrongs.” It’s produced by a Report for America corps member that examines a racist massacre in the aftermath of the Civil War.

You can listen to our conversation here and subscribe through your favorite podcast app.