Sam Reed Stood Up to KIRO7′s Media Malpractice

Secretary of State Sam Reed, who announced his retirement recently, is being hailed for standing up for transparency, accessibility and openness in government — and justifiably so.

Reed received the Washington Coalition for Open Government’s coveted James Madison Award last week in recognition of his work. [FULL DISCLOSURE: I’m a member of WCOG’s advisory committee but had no role in the Reed award.]

The awards breakfast just happened to fall on International Media Ethics Day, sponsored by the Center for International Media Ethics .

That struck me as highly ironic, because Reed brought a complaint to the Washington News Council three years ago for some of the most unethical media behavior I have seen in more than 40 years as a journalist, media critic and news-council president.

Don’t take my word for it. Read what happened and make up your own mind.

As part of a national CBS-affiliate series of stories on voter fraud, KIRO7 ran two stories in the fall of 2008, shortly before Election Day. The first story, which ran on Oct. 15, 2008, alleged that thousands of felons had been issued ballots and many had already voted, although felons are not supposed to have voting rights. KIRO “investigative” reporter Chris Halsne interviewed a woman who supposedly was a convicted felon but said she had voted anyway. The second story, which ran on Nov. 3, 2008, alleged that more than 100 dead voters were still on Washington’s active voter rolls, with 15 of them actually casting “ghost” ballots. On her front porch, Halsne interviewed the widow of a man who supposedly had “voted” although he’d been dead since 1996. You can watch both stories below as will as read the transcripts (October 15th story, November 3rd story)

However, both stories contained egregious factual errors, including these:

  1. The “felon” was not a felon. She had been convicted only of a misdemeanor, so she never lost her right to vote. KIRO failed to doublecheck that simple fact.
  2. The “dead” voter was not dead. The deceased man’s son, who has the same name, had voted. KIRO had confused the two men and ignored the widow’s statement to that effect.

Reed and his staff had tried to make KIRO aware of these facts before the stories aired, but to no avail. After the stories aired, Reed’s office was deluged with angry phone calls and emails from citizens who had watched KIRO and believed what they saw on TV. Reed protested to KIRO, but the station “stood by its stories.”

So Reed filed a written complaint (page 1 & page 2) in December 2008 with the Washington News Council. He also signed our waiver form pledging not to sue KIRO, which we require of all complainants.

In his complaint, Reed declared that two KIRO stories were “factually incorrect, incomplete, misleading, sensationalized, inflammatory, and unfair.” He said the stories “wrongly damaged” his office and “failed to include balancing facts or information.” In a 10-page attached letter to the WNC and cc’d to KIRO, Reed wrote:

“[W]e were distressed when Chris Halsne, KIRO 7 Eyewitness News Investigative Reporter, aired two election-related news stories that fell far short of the most basic standards of journalism for accuracy, balance and fairness. This occurred despite our repeated efforts to correct some of his assumptions and methodology and errors before he aired his reports. To have someone purposely proceed with incorrect and misleading information after all of this was just unconscionable and had the negative effect of undermining trust and confidence in our elections process.”

The News Council accepted Reed’s complaint for our process and hand-delivered it to KIRO on Dec. 31, 2008. Under our guidelines, we asked for a written response from KIRO within 10 days. KIRO did not respond and never returned repeated calls or emails.

However, in early January 2009 KIRO General Manager Eric Lerner called Reed’s office to schedule a face-to-face meeting. Lerner, News Director Todd Mokhtari, Investigative Reporter Chris Halsne, and Producer Bill Benson drove to Olympia on Jan. 21, 2009. At that meeting, Reed and his staff documented the serious inaccuracies in Halsne’s two stories.

According to Dave Ammons, Reed’s communications director and former Associated Press political writer and columnist in Olympia, the KIRO delegation listened, but then declared that they would not run corrections or clarifications, nor would they remove the stories from the KIRO website.

Reed and state Elections Director Nick Handy were stunned, according to Ammons. In an email to KIRO, Reed said: “We continue to believe that, at the least, KIRO should remove these stories from the KIRO website. Whether KIRO chooses to take other action is a matter to be determined by KIRO’s own journalistic standards.”

Incredibly, according to Reed and Ammons, the KIRO managers then offered to remove the stories if Reed would agree not to inform the News Council or the public. [Italics mine.] To his credit, Reed refused that unethical request. KIRO later removed the stories from its website without notifying Reed or the News Council. However, Reed’s office and the WNC had taped the two stories. We put them on our website, where they remain available for viewing.

The News Council then began preparing to hold a public hearing, to be broadcast statewide by TVW, at which the WNC board would publicly discuss and vote on the merits of the complaint. That’s our standard procedure when serious complaints cannot be resolved, and we’ve held several of them over the years.

However, on Feb. 17, Sam Reed asked that the hearing not go forward. He wrote:

“After much careful consideration, we at the Secretary of State’s Office have reluctantly decided not to pursue our complaint against KIRO-TV to the full hearing stage.

“We remain convinced that we presented a compelling argument, both in our written Washington News Council submission and in direct conversations with KIRO-TV management and staff, that significant errors in fact and in tone were made in two special reports by reporter Chris Halsne….

“We asked for clarification, for corrections, and for the incorrect and overblown stories to be taken down from the KIRO website, and got zero acknowledgement that anything was amiss or that the journalistic standards required more than a dismissive brush-off of the state’s chief elections officer….

“After several conversations as part of the News Council negotiating period, KIRO eventually agreed to pull down their stories from the Web site if we would muzzle ourselves and not inform the News Council of the nature of this accommodation. This we cannot agree to, since this leaves KIRO offering very little and conceding nothing.

“At the same time, we weary of this frustrating battle and the countless man-hours devoted to researching chapter and verse of this sorry episode, and we see little value in continuing to bang our head against the wall, knowing that KIRO will boycott the proceedings and will not acknowledge errors in fact and in tone, much less fix the problem. A News Council finding in our favor would not change the dynamic; properly, in a nation that so values the First Amendment, the council cannot order KIRO to do anything….

“We close by expressing our sincere thanks to the Council…for accepting our complaint and for professionalism in walking with us through the process, including the most recent negotiating period with KIRO. It is through no fault of the Council…that we have decided to suspend our complaint.”

The News Council reluctantly accepted Reed’s decision not to proceed with a hearing. However, the WNC then invited the public to participate in an unprecedented “Citizens Online News Council” to help judge KIRO’s journalistic ethics and performance. No news council in the world (and there are dozens of them, most members of the Alliance of Independent Press Councils of Europe) had ever done that before. We called it a “virtual hearing.”

The KIRO stories, Reed’s complaint and letter, and key questions for discussion were posted on our website. Members of the public were invited to view the stories, read the complaint, and “vote” on several issues regarding the KIRO stories that the full News Council would have considered had this case gone to a hearing. You can read the full list of the questions and total votes HERE.

The voting deadline was April 30, 2009, during national “Media Ethics Week” sponsored by the Society of Professional Journalists. (Although inexplicably, the head of the SPJ’s national ethics committee objected to the virtual hearing. You can read his reasons, and our response, HERE.)

KIRO got hammered. The votes were nearly all highly critical of KIRO and upheld Reed’s complaint (see vote results and comments). Of  all those who voted online, only a few defended KIRO. Most voters added critical comments.

As president and executive director of the Washington News Council, I still find this case one of the most shocking examples of unprofessional, irresponsible journalism that I have ever seen.  KIRO even got criticized by The Stranger and earned a “Dart” in Columbia Journalism Review.

KIRO played fast and loose with the facts, disregarding the truth. They refused to set the record straight even after being confronted with incontrovertible evidence that they were wrong. Then they tried to “bury” the stories by sneaking them off their website without telling anyone or admitting any errors. Yikes.

A recent national survey by the Pew Center for the People and the Press found public trust in the news media at about its lowest level ever. Stories like KIRO’s are part of the reason for that.

Kudos to Sam Reed for having the courage to stand up to KIRO. More public officials and individual citizens who are damaged by shoddy news reporting should do the same. Otherwise, bad journalists will keep committing media malpractice — which hurts journalism, the public and democracy.

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WNC Responds to Society of Professional Journalists’ national Ethics Committee

WNC Responds to Society of Professional Journalists’ national Ethics Committee

The Society of Professional Journalists (SPJ) national Ethics Committee issued a statement on May 8 criticizing the Washington News Council’s “virtual hearing” by a Citizens Online News Council. The committee’s statement was a group effort overseen by Andy Schotz, chair of the SPJ Ethics Committee, who interviewed me over the phone.
We also exchanged emails. Schotz invited me to respond. The SPJ statement is below, with my responses (in blue) after each paragraph. Schotz promised to post my response on the SPJ Ethics Committee’s blog site. The WNC invites the SPJ Ethics Committee to engage in a public dialogue about these important issues of media ethics and accountability. I’ll post their response here. [Read more...]
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WNC’s Virtual Hearing Results are IN!

In an unprecedented “virtual hearing” on a complaint from Secretary of State Sam Reed against KIRO7 Eyewitness News, dozens of people voted and added comments.
The votes were largely critical of KIRO and upheld Reed’s complaint. Of about 100 people who voted online, only a few defended KIRO while most supported Reed’s position.

See the Vote Results and Comments.

NOTE: If KIRO responds, we’ll post their full response.

Reed and his staff decided not to seek a full News Council hearing on the complaint, declaring that they “see little value in continuing to bang our head against the wall, knowing that KIRO will boycott the proceedings and will not acknowledge errors in fact and in tone, much less fix the problems.”

As an alternative to a public hearing, the WNC invited citizens to view the stories, read the complaint, then vote and comment in a “virtual hearing” as a Citizens Online News Council. The deadline was April 30, during national “Media Ethics Week” sponsored by the Society of Professional Journalists.

The complaint concerned two stories aired on KIRO (Oct. 15 and Nov. 3, 2008) about alleged voting violations.
You can download a copy of the complaint (page 1 & page 2)and Same Reed’s letter to the Washington News Council

Nov. 3 story on deceased voters:

YouTube Preview Image

Download a transcript of this story

Oct. 15 story on felon voters:

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Download a transcript of this story

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Public Votes in “Virtual Hearing” on Sam Reed vs. KIRO7 Complaint

In an unprecedented “virtual hearing,” dozens of people voted and commented as part of a Citizens Online News Council on a formal written complaint from Washington Secretary of State Sam Reed against KIRO7 Eyewitness News.

The votes were largely critical of KIRO7 and upheld Secretary Reed’s complaint. Of nearly 100 people who voted online, only a few defended KIRO. The rest supported Reed’s position.

A key part of the Washington News Council’s mission is to encourage citizen participation in public discussion of media ethics and accountability. This online vote advances that goal.

The WNC invited citizens to vote on the questions that the full News Council would have considered had this case gone to a hearing. (For a full list of the questions, total votes and collected comments, plus complete background information, see HERE)

The voting deadline was April 30, 2009, during national “Media Ethics Week” sponsored by the Society of Professional Journalists. Votes came from statewide, with a few from other states. Some votes were from journalists. Most voters added comments. Examples:

“KIRO TV’s News Director, Reporter, and General Manager should come clean and be a good example by admitting that a journalist made a mistake.”

– Ken Hatch, former president, KIRO TV

“KIRO was clearly cautioned about checking its facts, but seemed more driven by getting a sensational story than by being accurate.”

– Mike Flynn, former publisher, Puget Sound Business Journal

“This case deserves coverage in media journals to show how careless coverage easily misleads.”

– Arnold Ismach, former dean, University of Oregon Journalism School

“KIRO ignored much of the factual information presented in the meetings with the Secretary of State and reported only what they wanted to report to make the story more inflammatory.”

– Roy Kimbel, Center for Ethical Development, Tacoma Community College

“I would say that the damage was done to the state – and the democracy in which we live.”

– Mike Kittross, editor, Media Ethics magazine

When Reed filed his complaint with the Washington News Council, he contended that two KIRO stories aired last fall were “factually incorrect, incomplete, misleading, sensationalized, inflammatory and unfair.” Reed and his staff had previously asked KIRO to air corrections and remove the stories from its website. When KIRO declined, Reed turned to the WNC.

The WNC accepted Reed’s complaint and hand-delivered it to KIRO. After they received the complaint, KIRO top management met with Reed and his staff in Olympia. They still refused to air corrections, but offered to remove the stories from their website if Reed agreed not inform the News Council or the public. Reed declined that offer. Later, KIRO removed the stories without informing Reed or the WNC, and without admitting any inaccuracies. Reed decided not to seek a public WNC hearing, so an online “virtual hearing” was proposed to hear citizens’ views.

The WNC invited KIRO to respond to Reed’s complaint, but the station did not return phone calls or emails, or answer a letter that accompanied the complaint. If KIRO responds at any time to the voting results and comments, we will post the full response on our website.

CONTACT: John Hamer, Executive Director (jhamer@wanewscouncil.org), 206.262.9793

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What do you think? Weigh in on our latest complaint

PLEASE VOTE BY APRIL 30 (the end of national “Media Ethics Week” sponsored by the Society of Professional Journalists)

We had a formal complaint from Washington’s Secretary of State, Sam Reed, against KIRO7 Eyewitness News (CBS affiliate in Seattle).

We invited KIRO to comment, but they did not respond to repeated letters, phone calls or emails. (NOTE: If KIRO responds, we’ll post their response HERE.)

READ THE COMPLAINT (page 1 & page 2) and SAM REED’S LETTER TO THE WASHINGTON NEWS COUNCIL.

The complaint concerned two stories aired on KIRO (Oct. 15 and Nov. 3, 2008) about alleged voting violations.

Nov. 3 story on deceased voters:

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CLICK HERE TO READ STORY

Oct. 15 story on felon voters:

CLICK HERE TO READ STORY

In his written complaint, Reed contended that the stories were “factually incorrect, incomplete, misleading, sensationalized, inflammatory and unfair.”

However, Reed and his office staff decided NOT to ask for a full News Council hearing on this complaint. In an email to the WNC, they stated:

“After several conversations as part of the News Council negotiating period, KIRO eventually agreed to pull down their stories from the Web site if we would muzzle ourselves and not inform the News Council of the nature of this accommodation. This we cannot agree to, since this leaves KIRO offering very little and conceding nothing.

“At the same time, we weary of this frustrating battle and the countless man-hours devoted to researching chapter and verse of this sorry episode, and we see little value in continuing to bang our head against the wall, knowing that KIRO will boycott the proceedings and will not acknowledge errors in fact and in tone, much less fix the problem. A News Council finding in our favor would not change the dynamic; properly, in a nation that so values the First Amendment, the council cannot order KIRO to do anything.”

True: We cannot order KIRO to do anything. However, we invite members of the public to view or read the stories and to read Sam Reed’s complaint and letter.

We also invite members of the public to vote on the Draft Questions that the News Council would have voted on IF this case had gone to a WNC hearing.

In other words, we’re inviting you to be members of a “Citizens Online News Council” and render a public verdict on the merits of this complaint. Call it a “virtual hearing.”

Your votes, comments and feedback will be helpful to the WNC, to Sam Reed’s office, and (we hope) to KIRO7. View Comments.

Thank you!

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KIRO7 Eyewitness News Removes Two Stories from Website After Secretary of State Sam Reed Files Complaint with News Council

After Secretary of State Sam Reed filed a formal written complaint with the Washington News Council, KIRO7 Eyewitness News removed two disputed stories from its website.

In his complaint, Reed contended that two KIRO stories were “factually incorrect, incomplete, misleading, sensationalized, inflammatory, and unfair.” He said the stories “wrongly damaged” his office and “failed to include balancing facts or information.”

Reed contacted KIRO and objected to the stories after they aired last fall, but KIRO did not respond. Reed filed a complaint in December 2008 with the Washington News Council, an independent organization dedicated to media accuracy and fairness.

Although its findings carry no legal sanctions or other penalties, the News Council, a 501c3 nonprofit group, does hold public hearings about news coverage that is in dispute.

After the complaint was delivered to KIRO, station executives asked to meet with Reed in Olympia. Reed said that was a direct result of his filing a complaint with the WNC.

Initially, they stood by their stories and refused to run any corrections or to remove the stories from KIRO’s website. Then they offered to remove the stories if Reed would agree not to inform the News Council or the public – but Reed refused that request. KIRO finally took the stories off its website without notifying Reed or the Council.

The first story, which ran on Oct. 15, 2008, alleged that although convicted felons are not allowed to vote, about 24,000 felons had been issued ballots and at least 6,800 got ballots to vote in the 2008 fall elections. KIRO reporter Chris Halsne interviewed a woman who supposedly was a convicted felon but had voted anyway.

The second story, which ran on Nov. 3, 2008, alleged that more than 100 dead voters were still on Washington’s active voter rolls, with 15 of them actually casting “ghost” ballots. Halsne interviewed the widow of a man who supposedly had “voted” although he’d been dead since 1996.

After the stories ran, the Secretary of State’s office said it was deluged with angry phone calls and emails from citizens who had seen the stories. However, Reed contended that the stories were false and contained numerous errors, such as:

1. The “felon” was not a felon. She had been convicted only of a misdemeanor, so she never lost her right to vote.
2. The “dead” voter was not dead. The deceased man’s son, who has the same name, had voted and Halsne had confused the two men.

In a 10-page letter to the WNC detailing his complaint, and cc’d to KIRO, Reed wrote:

“[W]e were distressed when Chris Halsne, KIRO 7 Eyewitness News Investigative Reporter, aired two election-related news stories that fell far short of the most basic standards of journalism for accuracy, balance and fairness. This occurred despite our repeated efforts to correct some of his assumptions and methodology and errors before he aired his reports. To have someone purposely proceed with incorrect and misleading information after all of this was just unconscionable and had the negative effect of undermining trust and confidence in our elections process.”

Along with his written complaint, Reed signed the WNC’s waiver form, pledging that he would not sue KIRO7. The News Council’s process is an alternative to litigation.

The News Council hand-delivered Reed’s written complaint, letter and waiver form to KIRO on Dec. 31, 2008, and asked for a written response from KIRO within 10 days. KIRO did not respond to that request, and did not return repeated WNC calls or emails.

However, KIRO General Manager Eric Lerner called Sam Reed’s office to schedule a meeting. Lerner, along with News Director Todd Mokhtari, Investigative Reporter Chris Halsne, and Producer Bill Benson, drove to Olympia on Jan. 21, 2009. At that meeting, Reed and his staff detailed what they called serious inaccuracies in Halsne’s two stories.

According to Dave Ammons, Reed’s communications director and former Associated Press political writer and columnist in Olympia, the KIRO delegation listened, let Halsne defend his stories, and then declared that they would not run corrections or clarifications, nor would they remove the stories from the KIRO website.

Reed and state Elections Director Nick Handy were disappointed, according to Ammons. In an email to KIRO, Reed said: “We continue to believe that, at the least, KIRO should remove these stories from the KIRO website. Whether KIRO chooses to take other action is a matter to be determined by KIRO’s own journalistic standards.”

The News Council then prepared to hold a public hearing, broadcast by TVW, at which the WNC board would publicly discuss and vote openly on the merits of the complaint.

However, on Feb. 17, Sam Reed asked that the hearing not go forward. He wrote:

“After much careful consideration, we at the Secretary of State’s Office have reluctantly decided not to pursue our complaint against KIRO-TV to the full hearing stage.

“We remain convinced that we presented a compelling argument, both in our written Washington News Council submission and in direct conversations with KIRO-TV management and staff, that significant errors in fact and in tone were made in two special reports by reporter Chris Halsne….

“We asked for clarification, for corrections, and for the incorrect and overblown stories to be taken down from the KIRO website, and got zero acknowledgement that anything was amiss or that the journalistic standards required more than a dismissive brush-off of the state’s chief elections officer….

“After several conversations as part of the News Council negotiating period, KIRO eventually agreed to pull down their stories from the Web site if we would muzzle ourselves and not inform the News Council of the nature of this accommodation. This we cannot agree to, since this leaves KIRO offering very little and conceding nothing.

“At the same time, we weary of this frustrating battle and the countless man-hours devoted to researching chapter and verse of this sorry episode, and we see little value in continuing to bang our head against the wall, knowing that KIRO will boycott the proceedings and will not acknowledge errors in fact and in tone, much less fix the problem. A News Council finding in our favor would not change the dynamic; properly, in a nation that so values the First Amendment, the council cannot order KIRO to do anything….

“We close by expressing our sincere thanks to the Council…for accepting our complaint and for professionalism in walking with us through the process, including the most recent negotiating period with KIRO. It is through no fault of the Council…that we have decided to suspend our complaint.”

The News Council reluctantly accepted Reed’s decision not to proceed with a hearing. WNC hearings are an educational forum for open public discussion of media ethics.

John Hamer, executive director of the Washington News Council, said the case will now be used in “mock hearings” in high-school and college journalism classes statewide, as part of the WNC’s decade-long effort to instill high standards of ethics and accuracy in future generations of journalists. (Call our office for days/times.)

Finally, in lieu of a public hearing, the WNC invites the public to participate in a “Citizens Online News Council.” The KIRO stories, Reed’s complaint and letter, and key questions for discussion will be posted on our website, www.wanewscouncil.org. Members of the public are invited to view the stories, read the complaint, and “vote” on several issues regarding the KIRO stories. The WNC welcomes public participation.

CONTACT: John Hamer, WNC Executive Director, 206.262.9793 or 206.910.5270. Email: jhamer@wanewscouncil.org Address: P.O. Box 3672, Seattle WA 98124.

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Complaint Upheld at Washington News Council Hearing in Case of King County Sheriff Sue Rahr’s Office versus Seattle Post-Intelligencer


The Washington News Council (www.wanewscouncil.org) largely upheld a complaint against the Seattle Post-Intelligencer filed by the King County Sheriff’s Office at a WNC public hearing in Seattle on Oct. 21.

NOTE: The WNC hearing was filmed by TVW and may be viewed in the video archives on TVW’s website. See www.tvw.org. (DVDs will be available from the WNC later. Please call our office for details.)

The written complaint concerned a series of P-I articles called “Conduct Unbecoming” that ran in the newspaper in 2005 and 2006. (For link, see www.seattlepi.com.) The complaint contended that key aspects of some stories were “inaccurate, biased or misleading,” with the overall effect of “unfairly disparaging” the Sheriff’s Office.

The P-I responded to the complaint in a 17-page document posted on its website, with copies hand-delivered to the Washington News Council, but P-I management declined to attend the hearing. Media participation is voluntary. However, most of the P-I’s response was read into the record at the hearing by WNC Chair Karen Seinfeld.

The News Council voted on 11 separate questions pertaining to various aspects of the stories. Of the Council’s 20 current members, six recused themselves from voting at the hearing due to the possible appearance of potential conflicts of interest. Three others (including one who would have recused) did not attend the hearing. Three WNC members emeritus sat in and voted in place of absent members.

WNC President Stephen Silha issued this statement after the hearing:

“Our News Council members found that the P-I was unfair to Sheriff Rahr in some of the stories published over the past year and a half. In particular, they were imprecise, incomplete and at times inaccurate in the reporting on the sheriff’s role in pensions, discipline, and other issues. While the P-I series has provided a real public service in its inquiry into the sheriff’s office and the activities of several deputies, in the view of the News Council, the paper overreached in reporting on Rahr’s role and failed to make adequate corrections and clarifications in a timely way. This hearing proves once again that the News Council is the best and fairest place where citizens and journalists can discuss constructively how news stories affect the community.”

In a subsequent statement, Sheriff Sue Rahr said:

“I want to thank the Washington News Council members for their time and careful deliberation of this very complex and lengthy case. This body is vital to ensuring the press is providing accurate and balanced information to the public, not only about their government, but other issues that affect their lives. The public has a right to fair, accurate and balanced information. You’re doing a great service to the community by taking action that will improve the practice of journalism. I hope other people can take advantage of this process. I also want to thank every member of the Sheriff’s Office who have held their heads high and continued to serve the public with honor and integrity while under the cloud of this series of stories.”

In a P-I story that ran Oct. 23, Associate Publisher Kenneth F. Bunting said:

“Our reporting of the sheriff’s complaint and our response is available for our readers, and I’m confident that most readers will see this complaint for what it is: an attempt to detract from the very real issues we raised in the public interest.” P-I Managing Editor David McCumber added: “This pronouncement, while regrettable, does nothing to diminish the excellent journalism of ‘Conduct Unbecoming.’ ”

The questions and final votes were:

1) Was the P-I coverage inaccurate or misleading in describing the role of the Sheriff’s Office in deciding whether deputies facing discipline could resign or retire to avoid discipline or firing? YES: 12; NO: 1; ABSTAIN: 1.

2) Was the P-I coverage inaccurate and misleading in describing the impacts on pensions of former deputies — particularly Dan Ring’s pension — relating to decisions made and actions taken, or not taken, by the Sheriff’s Office? YES: 13; NO: 1.

3) Did P-I coverage unfairly characterize the Metro Transit Police Unit as a “dumping ground” for troubled deputies because five of 47 officers assigned to the unit had histories of disciplinary issues? YES: 10 votes; NO: 3; ABSTAIN: 1.

4)  Was reporting of Deputy Abreu’s transfer inaccurate? YES: 10; NO: 3; ABSTAIN: 1.

5)  Was reporting of the unit biased on behalf of critics by not including more comments from a supportive security liaison? NO: 10; YES: 1; ABSTAIN: 3

6) Was P-I coverage inaccurate, misleading, and inflammatory in stating that the Sheriff’s Office retaliated against citizens and transit staff members who complain about deputies’ performance? YES: 7; NO: 1; ABSTAIN: 6.

7) Was P-I coverage of the public meeting in Kenmore biased and unfair? NO: 12; YES: 0; ABSTAIN: 2.

8) Was P-I coverage of a blue ribbon panel biased and misleading in overstating criticism of the Sheriff’s Office?NO: 10; YES: 2; ABSTAIN: 2.

9) Considering all of the stories submitted, many in the series “Conduct Unbecoming,” did P-I coverage and commentary unfairly disparage the Sheriff’s Office? YES: 12; NO: 2.

10) Did the P-I allow adequate access for comment and rebuttal by the KCSO? NO: 10; YES: 3; ABSTAIN: 1.

11) Were acknowledged mistakes in coverage corrected adequately and in a timely manner? NO: 12; YES: 0; ABSTAIN: 2.

NOTE: The following question was voluntarily withdrawn from the complaint by Sheriff Rahr after the Council’s public deliberation period.

12) As it published the “Conduct Unbecoming” series and related articles, did the P-I fail to adhere to acceptable standards of journalistic ethics by not disclosing to readers the potential conflict of interest — real or perceived — involving Managing Editor David McCumber’s discussions with then-Sheriff Dave Reichert about writing a book on the Green River murders? NOT VOTED ON.

The hearing, which was open to the public and the press, was attended by interested citizens and journalism students. A written summary will be posted soon on the WNC’s website, along with a complete list of individual members’ votes.

The Washington News Council is an independent, nonprofit 501c3 citizens’ organization whose mission is to help maintain public trust and confidence in the news media by promoting fairness, accuracy and balance, and by providing a forum where citizens and journalists can engage each other in discussing standards of media ethics and fairness.

The WNC is a kind of “outside ombudsman” for the news media in Washington state. It has no official power or legal authority. WNC hearings are not judicial proceedings, but open discussions. Complainants agree not to sue media outlets; the WNC process is an alternative to litigation. Votes on complaints carry no sanctions other than publicity.

The Council’s Board members are all volunteers. Half of them are Media members who spent most of their careers in journalism. Half are Public members from a wide range of professions and backgrounds. Chair Karen Seinfeld, a former Washington State Court of Appeals judge, presided over the hearing but does not vote.

The Washington News Council was formed in 1998. It is one of five news councils in the United States. The others are in Minnesota (formed in 1970), Hawaii (1972), New England (2006) and Southern California (2006).

CONTACTS:

Stephen Silha, ssilha@comcast.net, WNC President, 206.567.4363

John Hamer, jhamer@wanewscouncil.org, Executive Director, 206.262.9793

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Op-Ed Rejected by Seattle Post-Intelligencer after Hearing

WNC President Stephen Silha submitted the following op-ed piece to the Seattle P-I after the Oct. 21 hearing, but the P-I declined to publish it:

WHERE WAS THE P-I?

By Stephen Silha

We live in an age when accurate reporting is more important than ever – on the international, national, and especially the local level.

The Seattle Post-Intelligencer’s series on systemic problems in the King County Sheriff’s Office — “Conduct Unbecoming” — has performed a significant public service. Perhaps that is why it recently won a C.B. Blethen Award for investigative reporting.

However, the series was deeply flawed. It often became inaccurate, incomplete, and biased to prove a point.

That’s why the Washington News Council – a representative group of journalists and citizens – reprimanded the P-I at an Oct. 21`hearing where Sheriff Sue Rahr and her public information officer, Sgt. John Urquhart, presented their case.

They argued convincingly that the P-I “unfairly disparaged” her office, created unwarranted fear of county police, and made it hard to recruit highly qualified officers.

At the three-plus-hour hearing (which can be seen archived at www.tvw.org), the council considered 11 specific questions about journalistic fairness in the ongoing series and coverage.  In eight of the questions, a majority of us agreed with the Sheriff.  On three questions, we agreed with the P-I.  (For details on questions and votes, see our website: www.wanewscouncil.org.)

The essence of the Council’s finding is this:

The P-I had a good story.  They told some of it well, and produced significant results.

But then they turned it into a series of sometimes-sensationalized stories that didn’t always provide full context.  Their clarifications and corrections were too few, incomplete, and often late, especially the on-line corrections where the stories live on.  They alienated the Sheriff and her staff – with demands such as requesting written answers to 68 questions in a 24-hour deadline– to the point where she refused interviews for the past year.

At one point the P-I questioned the ability of our able executive director, John Hamer, to appear impartial in a dispute involving coverage of his wife’s boss, ex-Sheriff (now Congressman) Dave Reichert—even though Hamer had never met Rahr nor Urquhart before this complaint.

So Hamer immediately removed himself from handling any of the substantive aspects of the case, and put that in the hands of our complaints committee, co-chaired by retired Spokesman-Review Associate Editor Chuck Rehberg and TVW President Cindy Zehnder.

After the P-I alleged that other News Council members could not be impartial, six of our members who had made contributions to Rahr or Reichert (and who could have added a lot to the discussion) or had other potential conflicts recused themselves from discussing and voting at the hearing to further avoid any appearance of impartiality. Yet the P-I’s publisher and top editors still refused to participate in the hearing.

Our big question remains:  Why did the P-I choose not to attend the hearing?

In a time when the public is increasingly skeptical of newspapers and other big institutions, it was an opportunity for the P-I to add significantly to public trust and understanding.

Instead, we believe the newspaper failed in its responsibility to public accountability by refusing to attend.

Our Chair, Judge Karen Seinfeld, did read from their extensive 17-page response to the complaint and, we felt, fairly represented their perspective.

In this imperfect world, the news council (a form used around the world) is the best and fairest place where citizens and journalists can discuss constructively how news stories affect the community.  In fact, it’s an alternative to litigation; for a complaint to be accepted by the council, you must agree not to sue.

As WNC Public Member Sandy Schoolfield said at the hearing:  “Both the P-I and the Sheriff’s Office are important institutions in our community.  To have you at loggerheads, calling each other liars for this long is a very bad place for us to be.”

The news council’s mission is to help maintain public trust and confidence in the news media by promoting fairness, accuracy and balance, and by creating a forum where the citizens and journalists can engage each other in examining standards of journalistic fairness and accountability.

The P-I missed an opportunity by not participating in the face-to-face dialogue.  And we’ll never know whether the Council’s votes would have been different had the P-I been willing to “stand by its story” in public.

Stephen Silha is president of the Washington News Council (www.wanewscouncil.org).   He is a freelance writer, communications consultant, and former reporter for The Minneapolis Star and The Christian Science Monitor.

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Complaint Hearing Set for Saturday, Oct. 21 (2-6 p.m.) at Town Hall in case of King County Sheriff’s Office vs. Seattle Post-Intelligencer

The Washington News Council (www.wanewscouncil.org) will hear a complaint from King County Sheriff Sue Rahr’s Office against the Seattle Post-Intelligencer at Town Hall Seattle (Downstairs) on Saturday, Oct. 21, from 2-6 p.m.

Here is the Hearing Schedule. The hearing is open to the public and the press. Admission is free.

The complaint concerns the P-I’s ongoing series, “Conduct Unbecoming,” which alleges misbehavior and mismanagement in the Sheriff’s Office. The Sheriff’s Office contends that key aspects of some stories were “factually inaccurate,” “incomplete,” “misleading,” “biased,” “sensationalized,” “inflammatory,” or “unfair.”

The P-I responded to the complaint in a 17-page website statement, with copies to the WNC. (See below for links to original complaint and P-I response.) However, the P-I also stated that they would not participate in the public hearing.

In an Oct. 11 letter to P-I Associate Publisher Ken Bunting (cc’d to Publisher Roger Oglesby and Managing Editor David McCumber), WNC President Stephen Silha, WNC Treasurer Sandy Schoolfield, and WNC Complaints Committee Co-Chairs Chuck Rehberg and Cindy Zehnder wrote:

“We sincerely hope you will reconsider your decision not to attend the hearing. If you are there in person, you will be able to answer questions, clarify issues and respond to the Sheriff’s allegations. You will be better able to make your most persuasive case in an open public forum.

“If you are not there, we will read excerpts from your written response into the record. But obviously we cannot represent your position nearly as well as you and your colleagues could do in person. (OPTION: If you’d like to mark sections of your response that you’d like us to read as your opening, rebuttal and closing statements, please let us know and we’ll be glad to do that, as long as they fit within our time limits.)

“As you know, TVW will broadcast the hearing statewide, and other media will cover it. We also expect many journalism students and teachers to attend. It is a great educational opportunity for all citizens.

“We’ll have a table at Town Hall with the P-I‘s name on it. You may let us know your final decision anytime up to 1:30 p.m. on October 21. Your full participation in the News Council process would greatly benefit the public, the media — and democracy.”

The WNC also sent the P-I a copy of the final Complaint Questions that will be considered and voted on at the hearing:

WNC Complaint: King County Sheriff’s Office vs. Seattle Post-Intelligencer

In the theme of the P-I’s stories, was there any journalistic “conduct unbecoming” in the P-I’s coverage of the King County Sheriff’s Office?

Scope: The King County Sheriff’s Office has formally complained to the Washington News Council that  more than 100 “negative” stories, columns and editorials – and even chat-room e-mails – have “unfairly disparaged the Sheriff’s Office.”  Much of the coverage was in a continuing series titled “Conduct Unbecoming.”  The complaint alleges that the P-I “has gone back 20 years and four sheriffs to portray events as representative of the current office and that the P-I characterized seven former deputies and one current deputy as representative of the Sheriff’s Office.  “This is not the case,” the complaint states.

The KCSO further states that the sheriff and others in the department have met with top editors and managers at the P-I to “try to correct erroneous information” and to “change the tone of the articles.  Rarely were any corrections made.  Usually we were ignored,” the sheriff’s cover letter says.

A thick “master binder” containing printouts of more than 100 P-I stories accompanied the complaint form.  KCSO was asked to select a representative sampling of stories, presented in the smaller binder and an amended complaint binder.  The P-I received copies all three binders and the WNC Complaints Committee assumes that if any pertinent articles were omitted, both the complainant and respondent have had a chance to further add to the materials.

Timeliness: While WNC complaint guidelines focus on the most recent six months, provisions clearly allow for consideration of materials presented over a longer time frame.  KCSO in its complaint included stories since Aug. 1, 2005. The Complaints Committee finds no reason to limit the scope of the complaint to six months.  Clearly the complainant was communicating with the respondent media outlet during the entire timeframe to seek resolution of issues.

Issues: The complainant states that P-I coverage “unfairly disparaged the Sheriff’s Office.” (Disparage: To belittle; to bring reproach or discredit; to lower the estimation of. — Webster’s Collegiate Dictionary).  The complainant also states that the P-I coverage was inaccurate, incomplete, misleading, biased, sensationalized, inflammatory and unfair.

Additionally, the complaint states that ethical lapses occurred because stories wrongly damaged the organization’s reputation, that the media outlet failed to include balancing facts or information, that the media outlet denied access to respond to stories and that a conflict of interest existed with a P-I editor.

Stories and commentary referenced will help guide board members, but discussion is not limited to these items.

Discussion Areas / Questions:

A) Terminations (resignations and retirements) and pensions

1) Was the P-I coverage inaccurate or misleading in describing the role of the Sheriff’s Office in deciding whether deputies facing discipline could resign or retire to avoid discipline or firing?

References: Stories,

“Conduct Unbecoming: How a disgraced deputy beat the system” Aug. 1, 2005

“Hefty pension to ex-deputy defended” Aug. 5, 2005

(Editorial) “Conduct Unbecoming: Restore trust” Aug. 4, 2005

“Deputy racked up complaints, lawsuits, then retired comfortably” Dec. 29, 2005

“Warnings preceded fatal shooting involving deputy’s live-in” Dec. 29, 2005

(Editorial) “Conduct Unbecoming: Civilian Oversight” Jan. 1, 2006

“Rahr offers reforms…” Jan. 2, 2006

(Column) “Sheriff vows meaningful reform”  Jan. 13, 2006

2) Was the P-I coverage inaccurate and misleading in describing the impacts on pensions of former deputies — particularly Dan Ring’s pension — relating to decisions made and actions taken, or not taken, by the Sheriff’s Office?

References: Stories, same as above

B) Metro Transit Unit

3) Did P-I coverage unfairly characterize the Metro Transit Police Unit as a “dumping ground” for troubled deputies because five of 47 officers assigned to the unit had histories of disciplinary issues?

Reference: Story, “Some transit unit officers too aggressive…” July 21, 2006

4)  Was reporting of Deputy Abreu’s transfer inaccurate?

Reference: Story,

“Joseph Abreu III: Transferred into, then out of, transit unit ” July 21, 2006

Correction, Aug. 17, 2006 in Amended Complaint

E-mail exchanges, Aug. 17, 2006 in Amended Complaint

5)  Was reporting of the unit biased on behalf of critics by not including more comments from a supportive security liaison?

Reference: Story, “Some transit unit officers too aggressive…” July 21, 2006

C) Retaliation

6) Was P-I coverage inaccurate, misleading, and inflammatory in stating that the Sheriff’s Office retaliated against citizens and transit staff members who complain about deputies’ performance?

References: Stories,

“Suspected thugs…” March 8, 2006

“Off-duty cop terrified teen” March 9, 2006

“Sheriff’s Office may have mishandled…” March 22, 2006

Editorial: “Conduct Unbecoming: Review the review,” March 23, 2006

Also, story: “Missed chance to end violence,” July 21, 2006

D) Public meetings

7) Was P-I coverage of the public meeting in Kenmore biased and unfair?

References: Stories,

“Sheriff Rahr grilled…” April 5, 2006

Woodinville Weekly: “Wide support for sheriff…”

8) Was P-I coverage of a blue ribbon panel biased and misleading in overstating criticism of the Sheriff’s Office?

Reference: Story, “Residents frustrated…” June 23, 2006

E) Overview

9) Considering all of the stories submitted, many in the series “Conduct Unbecoming,” did P-I coverage and commentary unfairly disparage the Sheriff’s Office?

10) Did the P-I allow adequate access for comment and rebuttal by the KCSO?

11) Were acknowledged mistakes in coverage corrected adequately and in a timely manner?

F) Conflicts and appearance of conflicts

12) As it published the “Conduct Unbecoming” series and related articles, did the P-I fail to adhere to acceptable standards of journalistic ethics by not disclosing to readers the potential conflict of interest — real or perceived — involving Managing Editor David McCumber’s discussions with then-Sheriff Dave Reichert about writing a book on the Green River murders?

Reference: Sheriff Rahr’s letter in amended complaint

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Open Letter to Seattle Post-Intelligencer from WNC Officers

The Washington News Council on Oct. 13 submitted the following to the Seattle P-I as a possible op-ed piece, but the P-I declined to publish it:

“AN OPEN LETTER TO THE SEATTLE POST-INTELLIGENCER

The Seattle Post-Intelligencer has a great opportunity to be open, transparent and accountable to its readers and all interested citizens. However, P-I management seems reluctant to take this opportunity.

On Saturday, Oct. 21, from 2-6 p.m. at Town Hall (Downstairs), the Washington News Council (www.wanewscouncil.org) will hold a hearing on a complaint against the Post-Intelligencer filed by King County Sheriff Sue Rahr’s Office. The complaint concerns the P-I series, “Conduct Unbecoming” published in 2005-2006.

The hearing is open to the public and the press. Admission is free.

A News Council hearing is not a trial, but an open conversation about fairness, accuracy and balance. We have no power to sanction the media. There is no penalty from our process.

The P-I responded to the complaint on Sept. 28 in a 17-page document posted on its website. However, P-I management announced that they will not attend the hearing.

If the P-I is willing to “stand by the story” on its website, why not “stand by the story” in public?

Why should the P-I participate?

TRANSPARENCY. WNC hearings provide a “third space” where journalists and citizens can engage. Council members listen to both sides, ask questions, deliberate and vote openly on whether to uphold the complaint. If the P-I participates, its side of the story will be fully told. (If not, we will read as much of its written response into the record as time allows, but there will be no way to clarify issues.)

ACCOUNTABILITY. Under the First Amendment, the news media are not subject to government control or regulation – and rightly so. The Washington News Council strongly supports a free press. But we also support a fair press. The news media must be publicly accountable – just as they hold all other institutions in society publicly accountable.

HUMANITY. Being open to criticism, listening to other people’s views, demonstrating humility – these are qualities that everyone admires. The news media have not been known for these qualities in the past – but times have changed. Our hearing is an opportunity for the P-I to show a “human face.”

EDUCATION. Our hearing will be broadcast statewide by TVW, and streamed at www.tvw.org. DVDs will be widely available. College and high-school journalism students and teachers from throughout the state will attend. We will use this case in student mock news council hearings statewide. Shouldn’t the P-I be fully represented?

IMPARTIALITY – Some P-I editors have said they won’t attend the hearing because they charge the News Council with conflicts of interest. A few of our members – as is their perfect right as citizens – have made campaign donations to either Sheriff Sue Rahr or former Sheriff (now Congressman) Dave Reichert in the past. However, those who made donations pledged to recuse themselves from voting if the P-I attends. Our executive director has also been accused of a conflict of interest – but he is not on the Council and does not vote. He has recused himself from our discussions on the merits of the complaint, and is handling only administrative matters.

The WNC cordially invites the Seattle Post-Intelligencer to come to our hearing. We’ll have a table with the P-I’s name on it. We look forward to an enlightening civil conversation.

Stephen Silha, President

Steve Boyer, Vice President

Dave Schaefer, Vice President

Sandy Schoolfield, Treasurer

Suzie Burke, Secretary

Chuck Rehberg, Complaints Co-Chair

Cindy Zehnder, Complaints Co-Chair

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