California Publisher

Winter 2010

Volume XCVIV, No. 4

Amphlett to Hall of Fame The San Mateo Times was founded as a weekly on April 4, 1901, and passed through a series of owners until Sept. 19, 1918, when Horace Amphlett, who already had been associate editor and business manager of the paper for a year, acquired ownership.

On June 2, 1924, he converted it into a daily.

Then in January 1926, Amphlett bought the Daily News-Leader, also published in San Mateo, and consolidated operations into a recognized and respected force on the peninsula.

His journalistic credo is one that might be emulated with impunity by any worthwhile publica-

tion. Set forth in one of his many fine editorials it read in part: “A newspaper which exists merely as a business institution to the profit alone of its owner is false to its trust. Only such newspapers as fill a definite need in the community, supporting its institutions, safeguarding its interests and protecting its character abroad can hope to endure. Newspapers are quasi-public institutions. They belong partly to the public, irrespective of where their legal ownership falls, if they are faithful to their purpose.

“A good newspaper is not always right but it is See HALL Page 9

Inductee Horace W. Amphlett was publisher of the San Mateo Times.

Keep an eye on new laws for 2011 With the car still pitched over in the budget ditch, the California State Legislature mostly just spun its wheels this past legislative session. Here’s some of the mud it kicked out that might affect your business.

Unless otherwise stated, each law becomes effective Jan. 1, 2011.

AB 352 by Assemblywoman Audra Strickland (R-Camarillo) requires the California Interscholastic Federation (CIF) to comply with the California Public Records Act. Although CIF is not a government agency, the Legislature passed similar legislation several years ago to require the CIF to conduct its meetings in accordance with the Ralph M. Brown open meeting law.

AB 585 by Assemblyman Paul Cook (RYucaipa) amends the commercial misuse of a deceased personality’s name or likeness law to, in addition to protecting the intellectual property rights of those whose “name, voice, signature, photo, or likeness has commercial value at the time of death” also include those whose name, etc., has commercial value “because of his or her death.”

Although the bill is unlikely to have an See LAWS Page 12

Watch out for your copyright New home in the new year

In mid-January, the CNPA offices will move to the first floor of 2000 O St. in Midtown Sacramento. The 6,485-square-foot space is 10 blocks east of the state Capitol. Telephone and fax numbers will be unchanged. A law firm will take over all of the CNPA-owned building at 10th and G streets under a long-term lease.

Even a dialed-in editor could use a fellowship

By Jackie Kaczmarek changed, morphed, if you will, into Special to California Publisher the endless vast world of technolWe’re all aware of it: Our ogy. industry is changing faster than Though I spent the majorany of us ever imagined. ity of my newspaper career on In the good old days, we used the print side, taking that next 2-point border tape around our step into the digital era was a photos, processed our blackno-brainer. Today, my personal and-white photos with film and arsenal of electronics includes an chemicals and brandished an XiPod, iPhone, iPad and wireless Jackie Kaczmarek Acto knife like it was a baton. is executive editor laptop. I’m on Facebook, Twitter, Today, we’re no longer just a LinkedIn … you name it. I can be of The Hanford newspaper; we’re in the busiin my office, at home, or out in the Sentinel. ness of providing news and middle of nowhere, and I’m still information to a global audience. connected.

How we deliver news and advertising has See TRAINING Page 8 California Newspaper Publishers Association

I N S I D E

Publisher Profile Eric Johnston The Modesto Bee

Pg. 3

Legal HelpLine ......................... 2 Newspaper Design .................... 6 Technology ................................ 7 People ..................................... 13

708 10th St., Sacramento CA 95814 (916) 288-6000

Until news began being aggregated online, California newspaper publishers had few reasons to pay close attention to copyright law.

Today, photographs, video and news articles are easily copied and circulated on the Internet with little concern for the rights of those who created this content. All the while, as technology now makes it easy to copy others’ work, technology is increasingly making it easier for copyright owners to monitor and take ONLINE action against alleged LEGALITIES infringements.

And it seems very Tom Burke likely that monitoring methods and technologies (e.g., like the “watermarking” of digital content) will continue to improve as more and more valuable content moves online.

The Digital Millennium Copyright Act of 1998 (DMCA) provides a “safe harbor” that every online publisher should know about.

In a nutshell, Section 512(c) of the DMCA See LEGAL Page 6

Fax (916) 288-6002

www.cnpa.com

California Publisher Winter 2010

T H E C N PA M I S S I O N To champion the ideals of a free press in our democratic society and to promote the quality and economic health of California newspapers

Bates, CNPA chief since 1991, to retire in March

Jack Bates

Jack Bates, CNPA executive director since 1991, has announced that he will retire in March 2011.

During his tenure, Bates initiated several entrepreneurial ventures to ease the association’s dependence on dues. A statewide classified advertising program now provides revenue for participating member newspapers and the association. A national advertising placement service, begun in 1992, grew

from nothing to become the premier placement service in the country with billings of $350 million before its sale in 1999.

Bates began his newspaper career as the assistant to the publisher of the family owned Meadville (Pa.) Tribune, a 17,000-circulation daily newspaper. The newspaper was sold to Thomson Newspapers in 1972 and Bates became its publisher.

He later was publisher and/or president of the Marion (Ohio) Star, the Morgantown (W.V.) Dominion Post, the Hagerstown (Md.) Herald Mail and the Champaign (Ill.) News Gazette. Bates moved to Sacramento where he was president of the Sacramento Union from 1985 to 1990.

A committee led by Past President Anthony Allegretti will oversee the search for a successor.

Myth: Web is killing news organizations Your burden

By Kevin Goldberg Special to California Publisher As the old saying goes: “Whatever doesn’t kill you only makes you stronger.”

Most people believe that traditional news organizations – and newspapers – are dying. That’s not true. In fact, while advances in technology may adversely affect their bottom lines, most news organizations are resilient and will adapt. The result will be a more interactive, informative and useful resource that will remain an indelible part of the American experience.

While newspapers – and the “traditional” news media generally – are unquestionably feeling the sting of declining revenues, it does not portend the death of newspapers. That is because newspaper content remains a valuable commodity. Evidence for that conclusion can be found in the Pew Project for Excellence in Journalism’s 2010 “State of the News Media” report, which reported daily newspaper circulation of 48.6 million and Sunday circulation of 49.1 million in 2008. Those numbers tell us that newspapers still have tremendous appeal. They also enumerate an audience that is more than large enough to build a business on.

Those who continue to predict the eventual death of newspapers point to the rise of blogs and social media as the “next generation” of news. But these sites, for the most part, do not generate original content. They redistribute existing content.

According to a survey released this year

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Published quarterly by the California Newspaper Publishers Association 708 10th Street Sacramento, CA 95814 Winter, December 2010 Jack Bates Executive Director Joe Wirt Editor Diane Donohue Advertising California Publisher USPN 084720 ISSN 0008-1434 Subscriptions are $15 per year.

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by the Newspaper Association of America, newspaper websites are still the primary source for local information, local sports and local entertainment. They also rank “first among all sources for trustworthiness, credibility and being the most informative place to find local content of all types,” according to the NAA report.

The reason is clear: No other entity has stepped up to do the kind of painstaking reporting we get from newspapers and other traditional news organizations.

David Simon, a former reporter for the Baltimore Sun and creator of the HBO series “The Wire,” testified before a House of Representatives subcommittee in April 2009, stating: “[t]he day I run into a Huffington Post reporter at a Baltimore zoning board hearing is the day that I will be confident that we have actually reached some sort of balance.”

And professional reporting is what drives most of the news circulated on social media networks like Twitter. As the analyst Ken Doctor has noted, the URL shortening service Bit.ly alone generates an estimated 400 million referrals of news and information every month. Newspapers remain the original source for a huge amount of that content.

So in a world where content is king, newspapers remain the “kings of content.”

And the King may actually be strengthening his hold on the throne. The Pew report cited above offers the following praise for newspapers’ adoption of new technologies:

“Typically, such sites have developed well editorially, becoming the locus of breaking news and offering an array of Web-native features like blogs, discussion chains, interactive presentations and video.”

Newspapers are finding new ways to distribute their content online, creating a better user experience in the process.

The citizens are allowed to enter the castle and speak their minds, in the form of story comments, user blogs, and other self-publishing tools. They also have new ways of getting there, with content delivery systems such as the Kindle and the iPad. In fact, when web traffic is included, more people than ever before now read newspaper content.

So, yes, people may be spending less time with the print product. But they are not spending less time with the news.

While the news business will no doubt experience huge changes in the years to come, until bloggers and citizen journalists start engaging in the newsgathering that produces real content, news organizations such as The New York Times, Des Moines Register and Glens Falls (N.Y.) Post Star will remain the primary purveyors of news and information in every local community.

Kevin Goldberg is special counsel, Fletcher, Heald & Hildreth. The American Society of News Editors provided this column to reinforce the vitally important role of newspapers and professional journalism in the digital age. More at asne.org.

limited for payroll order

Q:

We have an employee who has been the subject of several wage claims and two orders to pay support over the last three years. This has created a tremendous burden for our payroll department and they spend extra time every pay period to manually process each deduction and payment as well as the employee’s paycheck. Is there any way we can recover HELPLINE our costs for having to Jim Ewert do all of this work?

CNPA Legal Counsel Assuming you are otherwise in compliance with the requirements California places on employers when they deal with multiple withholding orders, state law allows you to recover a specific amount for each payment you make to a levying officer as directed by an earnings withholding order or earnings assignment order for support.

California Code of Civil Procedure

A:

See HELPLINE, Page 12

School officials need First Amendment lesson

By Konnie Krislock Special to California Publisher To celebrate Constitution Day on Sept, 17, I was asked to speak to a group of U.S. history students at a San Diego County high school. It was the culmination of their section of the curriculum devoted to rights and responsibilities.

Because I seem to be “famous all over town” for being fired from my adviser role at Orange County High School of the Arts in June, I received several speaking roles this fall on the issue of student First Amendment rights.

My adventures last year led to the passage of an amendment to California Education Code 48907 that specifically states that public charter schools must abide by this law, first enacted in 1977.

Sen. Leland Yee (D-San Francisco) was the author of this legislation that the governor signed into law in August.

What we have all learned during this last year is simple: Many California high school administrators do NOT know what rights California high school students possess as guaranteed by 48907. These rights are the same held by professional journalists with the exception that student articles cannot substantially disrupt the normal operation of the school. The code also specifically mentions that articles may not be obscene

ADVERTISERS THIS ISSUE CNPA Allied Members ........................... 13-15 CNPA Foundation .................................. 11, 14

or libelous, which are also important professional standards.

Administrators cannot, according to 48907, require student journalists to come into the office to “explain the relevance” of a factual paragraph in a news story as was the case in the OCHSA incident that sparked revision of the code.

Administrators cannot, under an even older, national court case, Tinker vs. Des Moines, cut armbands for cancer awareness – “I (heart) boobies” – off the wrists of students as was the case early this school year in the Sacramento area.

Sen. Yee’s speech to national journalism advisers in Portland last April condemned administrators who did not abide by the Constitution and those who were poorly informed on their own state guarantees for press freedom at the high school level.

The instructors at the San Diego County high school admitted that the U.S. history classes teach “the limitations of the Constitution,” not the freedoms.

I was encouraged by the audience reaction to my plea that they all understand that Constitutional guarantees in the First Amendment do not stop at the schoolhouse gate. I told them that it was in their interests to have beliefs they learn to defend, causes that they care passionately about.

Not all students will attend journalism

CNPA Press Summit .................................. 6 Homeowners’ Association Advisor ............. 4 Theme Crosswords ...................................... 7 Kamen & Co. Group Services ..................... 14

classes where their work can be published, but all students should have the verbal skills to speak out for their beliefs. That is what we should be teaching in high schools along with science and mathematics.

And local newspaper editors and publishers should support First Amendment knowledge in schools in their areas so that students and administrators alike know the Constitutional rights guaranteed writers and speech makers in the academic arena known as the public high school.

The educators need an education on the First Amendment and California Ed. Code Section 48907. We should begin that education in local newspaper pages.

Krislock is a National Scholastic Press Association Pioneer Award Winner, CNPA High School Journalism Instructor of the Year, former Southern California Journalism Education Association president, former high school adviser at Hawthorne and Redondo high schools and Orange County High School of the Arts, and former college journalism teacher and adviser at Saddleback College and CSU Fullerton. Currently, she is a national Journalism Education Association mentor to five new journalism advisers in California. Contact her at kekrislock@ sbcglobal.net.

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Winter 2010 California Publisher

PUBLISHER PROFILE

Eric Johnston, The Modesto Bee We created our “institutional” Twitter account (@modbee) in August 2007 before the fad really took off. We currently have just more than 3,300 followers on Twitter and just under 2,000 “fans” on Facebook.

Our strategy is pretty simple: be social on a social network. If we are trying to engage people socially, we have to respond to inquiries personally, encourage interaction and create a unique personality. While it isn’t anyone’s official job, we have a small team that works to tweet information and grow our friend network. As an example of the result, in the past two years traffic referrals to our site from Facebook have increased nearly 200 percent and have been consistently in the top five referrers, bested only by major search engines like Google, Yahoo! and Bing.

Tell us a bit about The Modesto Bee’s breadth of coverage and distribution.

The Modesto Bee is a daily newspaper serving the greater Central Valley region, including Stanislaus, San Joaquin, Mariposa, Tuolumne, Calaveras and Merced counties.

Our online operation is the region’s premiere digital source of news and information, and our combined print and digital audiences continue to grow steadily.

Old hands to newbies in your newsroom: What’s the ratio? And what are some pluses and minuses of institutional knowledge vs. fresh ideas?

I think our veteran-to-rookie ratio in the newsroom is very good. For every staffer with 15-plus years of service, we have another who has less than that (so Same thing for blogs and video: a 1:1 ratio).

How have the offerings changed The past couple of years have been based on metrics you measure less about growing our staff as much and staff resources consumed? as they have been about protecting our We started our blog and video valuable newsroom resources. While we efforts a few years ago. The blogs have have had a fair number of our more tengenerated a significant amount of trafured newsroom staff take voluntary buyfic for us, and while we have some of outs in recent years, we haven’t laid off our staffers blogging regularly, most of a single reporter or photographer. We the postings are from members of the have worked hard to maintain our newscommunity. Some of our most regugathering resources, and I believe that is lar bloggers on staff are in our sports evident in our continued and consistent department – often “live blogging” strong local reporting. events as they are happening. We have I am a strong believer in bringing used our blogs, especially in sports, fresh perspectives into a newsroom, to help cover events that we wouldn’t regardless of our current hiring abilities. normally be able to devote print We have done some extensive reorganiresources to, like match-by-match zation in our newsroom that emphasizes coverage of state wrestling championthat. ships.

As an example, over the summer we About five years ago we saw the assigned one of our veteran reporters need to increase our efforts in video, – most recently tasked with covering PHOTO BY JOAN BARNETT LEE/THE MODESTO BEE and we were fortunate to hire somethe local economy and real estate – to In celebration of the San Francisco Giants World Series victory, Eric Johnston scoops ice cream one with significant video production cover education. Along with the standuring an employee lunch in November. expertise. Along with regularly shootdard “schools” fare, she also published ing assignments (both still and video) a series of stories detailing questionable participating, we have been very pleased with the consumer he has helped train all of our staff photographers to shoot long-term school bonds and associated tax districts that response and the increasing interest expressed by both and edit video.

As a result, instead of just one videographer many residents will be paying off for another 30 years. national and local advertisers. today we have five. We generally produce one or two vid[Ed note: If you are interested in reading the inieos per day, and the traffic growth in our video section has tial story, it can be found at http://www.modbee.

Describe a couple of untraditional revenue genbeen impressive. com/2010/08/01/1275262/district-snookeredempireerators you’ve tried – even if you’ve “failed them union.html ] gracefully.”

Your printing is now handled in Sacramento and Having spent the better part of the past 15 years worktrucked to Modesto. What other centralization has Got any new niche publications to brag about? ing in the online space, I am very familiar with graceful begun during your time there?

Over the course of the past decade, we had amassed a failure. Early on we tried monetizing online video, business We made the transition to print The Modesto Bee at our large number of niche products, everything from freestanddirectories, personals, mapping and portals, none of which sister paper in Sacramento just more than two years ago. ing real estate products distributed as far as the East Bay really resulted in strong revenue growth.

I wouldn’t be honest if I said there weren’t some bumps to lifestyles magazines. In early 2009, as we faced serious Ironically, video and business directories, for which conand bruises along the way. The response by the community financial challenges in our operation, I made the decision sumers didn’t have the bandwidth to really appreciate the was largely critical, and many internally feared we would that we had to devote all of our available resources to our offering, are seeing a strong resurgence now that our combecome a bureau of The Sacramento Bee. I am pleased that core products – our printed newspaper and online prodmunities are becoming more wired. we have worked through nearly all of those concerns with ucts.

A couple of years ago we wanted to explore the idea of our customers and our staff.

With that in mind, we eliminated nearly every niche selling keyword advertising on our site. After some modest The quality and the efficiency of The Sacramento Bee has product. Many were still profitable (even if marginally so), modifications to our editorial front end, our copy desk is been impressive and I am even more convinced that it was but they took a disproportionate amount of our sales and now able to assign keywords to our stories, which in turn the right – albeit a difficult – decision. production resources. The only two we continue to produce we can associate with company listings when displayed In early 2009 we evaluated our circulation and distriare annual directory products – one related to elder care, to the reader. While it hasn’t been a huge revenue driver, bution structure. For many years we had contracted carthe other a local medical services directory. it did prove that it will work, and we are now looking to riers for delivery but employed the district managers. In We did launch “Sunday Select” in 2009, a program in update and improve it with some geographical functions.

Summer 2009 we restructured the organization to contract selected zip codes that delivers Sunday inserts to requesting households. With just more than 16,000 households How has The Bee’s use of social media evolved?

See PROFILE, Page 10

PERSONAL STATS Name: Eric Johnston Born (where and when): Modesto, 1971. Moved to Stockton (where my parents still live) in the late ’70s.

First job: Technically, my first job was working for my parents. My father owned an industrial supply company and my mother a balloon and party store. My summers would be spent either sorting welding rod or stocking balloons. My first not-working-for-myparents job was as a part-time pho-

tographer for the Lodi News-Sentinel.

As a junior in high school I was hired

by Marty Weybret to shoot local basketball and football games. It was a perfect situation for me, as I got firsthand experience in the industry that would later become such an important part of my life, and The Sentinel got some – all humility aside – pretty good photos.

weekly community newspapers.

Current job: Publisher and president, The Modesto Bee. I also have oversight of the Merced Sun-Star and four

Community involvement and diversions: I serve on the boards of the Gallo Center for the Arts,

Family: My wife Susan and I live in Modesto. We have two daughters: Brittany is currently serving in the U.S. Navy and Morgan is a first-year student at CSU Chico.

Education: BA in Journalism, CSU Fresno.

Center for Human Services, Education Foundation of Stanislaus County, Central Valley Professional Exchange and Stanislaus Community Foundation. As for my personal diversions, I can’t say that I am a fanatic about any one thing in particular. I enjoy outdoor activities including golf, skiing, running and spending time on the coast. I also do a fair amount of reading, like to cook and arguably watch too much TV. I also enjoy dusting off my Stratocaster and turning the amp to 11 when the house is empty.

California Publisher Winter 2010

The ‘Star Trek’ future is nearly here

By Marc Wilson Special to California Publisher “Beam me up, Scotty!”

“Aye, aye, Captain! Locking on to your coordinates.”

As the enemy aliens close in on him, Kirk’s body is digitized, transported through the atmosphere and reassembled in the U.S.S. Enterprise’s transporter room.

All this story line was science fiction just a few years ago. Today, much of it is reality.

Nielsen recently reported that 28 percent of the U.S. population now carries a “smart” cell phone, and the number will climb to 50 percent (150 million Americans) by the end of 2011.

Each smart phone (a phone that can connect to the Internet via cell signal or Wi-Fi) also has a GPS device that allows Scottytype people to “lock on to your coordinates.” (Older cell phones rely on cell tower triangulation to track your location.)

Users of this technology can’t (at least not yet) digitize your body and transport you from the surface of the planet to a spaceship – but they tell where you are, and perhaps what you’re thinking about doing.

And, hope to influence your next purchase.

Combined with Internet tracking technology, they can (in some cases) know who you are, what you may be doing, and what products or services you might want to buy.

Internet technologies – basically, the allpervasive “cookies” – track Internet users.

Many of the cookies are contained in ad tags that gather information about consumers’ reading, browsing and buying habits.

So, for example, you go to an Internet site to research information about new cars, and suddenly automobile ads likely will start showing up on other Web pages that you browse. Look for information about vacations, and travel ads will show up on other websites you visit. This can happen with banner ads, social networking and

Some of this works out wonderfully. You with search-based ads. can be walking or driving by a store or resKirk, Spock, Scotty and the crew of “Star taurant, and you’ll be notified about a great Trek” carried “tricorders.” More and more special. The advertisements you receive via of us are carrying modern-day transponyour personal computer, cell phone or tabders. Studies claim that more cell phones let will, in general, likely be of more interest will be sold than personal computers. to you than general-interest advertising.

We need also to count such devices as eYou can get offers you want, when and readers (such as the Kindle and the Nook), where you want them. tablets (such as the iPad), and automobile This technology is revolutionizing tracking devices such as OnStar.

The collection of data comes from various advertising. A study recently released by the ad network Smaato projected that sources. In addition to data collected from mobile advertising in the United States will cookies and registration, search engines increase from $1 billion this year to $5 bilcrawl and spider almost all Internet weblion by 2015. Advertising will be more tarsites, gathering huge amounts of informageted, effective and tion about available cost-efficient. content.

“Kirk, Spock, Scotty and the The downside The data collected is that this can by search engines, crew of ‘Star Trek’ carried along with informa‘tricorders.’ More and more easily lead to an invasion of your tion gathered by cookprivacy. Chances ies and other tracking of us are carrying modernare increasingly devices, can be comday transponders. Studies that ACAWs bined to deliver what claim that more cell phones good (anonymous cyberis widely labeled as will be sold than personal space algorithm “behavioral targeted” writers) will know advertising. On top of computers.” where you are and that, many of us have – Marc Wilson, what you’re doing. registered to receive TownNews.com In early specialized content, to November, the comment on stories, European Union to participate in conproposed new privacy rights for their cititests, to receive coupons, etc. In the wrong hands, this information can be misused and zens sharing personal data on the Internet.

The EU had earlier criticized both Facebook widely disbursed across the Internet. and Google Inc. for collecting personal data Those of us who participate in social without authorization. networks – such as Facebook and YouTube The EU proposed “a comprehensive – provide lots of personal information to approach on personal data protection in the friends, and possibly cyber-scoundrels.

European Union.” The EU proposal conAll this information allows advertisers tends that Internet users should have the (and others) to know a great deal about “right to be forgotten.” That would mean consumers. Combine all this digital inforInternet companies would have to either mation with a cell phone that knows prenot collect data or quickly destroy data cisely where you are – and, presto! – the about individual users. The EU proposal world is turned on its head.

also proposes that users must give explicit consent before companies can use their personal data in any manner.

“The protection of personal data is a fundamental right,” said EU Commissioner for Justice Viviane Reding. “To guarantee this right, we need clear and consistent dataprotection rules. We also need to bring our laws up to date with the challenges raised by new technologies and globalization.”

The U.S. Congress is considering several bills that would monitor and possibly restrict usage of information gleaned from the Internet. One proposal calls for a “Do Not Track” registry, similar to the telephone Do Not Call registry. Internet companies have questioned how such a registry would be technically implemented.

But the status of legislation in the U.S. Congress was muddled somewhat by the Nov. 2 election, which gave Republicans control of key committees. One key proponent of stricter regulation of behavioral targeted advertising, Rep. Rick Boucher, D-Va., was defeated. He chaired the Energy Committee’s subcommittee on Communications, which had taken the lead on such issues, including requiring consumers to agree in advance to allow Web companies to collect personal data.

Unfortunately, the pace of legislation in Washington or Brussels is unlikely to keep up with technological development. Another concern is that while major Internet companies likely will honor government regulations, huge numbers of small companies believe the Internet and developing technology are part of a “Wild, Wild West,” where anything goes – the consumer and regulations be damned.

Perhaps the best advice is: Consumer beware!

Marc Wilson is CEO of TownNews.com, an Allied member of CNPA. He’s reachable at marcus@townnews.com.

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Let our loyal readers become your readers while helping your advertisers attract readers with substantial purchasing power. The following groups follow our column: x x x x

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In a time of declining readership and increasing costs for the newspaper industry, our column can provide you with free quality content and additional readers who are both purchasers and advertisers. Our column can also help your sales staff sell ads to our loyal followers.

Please let us hear from you if you would like to start running “Homeowner Association Legal Advisor”. Our column is available only in California.

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Winter 2010 California Publisher

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Sew it up: Close on a minor point

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Little things can mean a lot in the advertising business. Especially when it comes to closing sales. Just ask Ray. “Several years ago, I learned a simple technique that has made a big difference in my closing rate,” he told me. “Bring the sale to a close on a minor point.

“This technique works when a presentation is going well, and you’re reasonably certain that your prospect is buying into what you’re selling. It can be a little awkward when both of you realize that you’re on a collision course with the big ‘are you going to buy?’ question. After working to build rapport, a salesperson can be reluctant to ask such a blunt question.

And the prospect might not feel comfortable saying, ‘I’ve heard enough. I’m AD-LIBS ready to sign a contract.’

John Foust “The way to handle the situation – the way to put both sides at ease – is to ask a little question instead. Simply assume that your prospect has already agreed to buy, and ask about a minor detail.

The simplest approach is to ask something like, ‘What do you think so far?’

With a ‘yes’ response, it’s easy to make the transition to, ‘Great. Let’s go ahead and schedule your first ad.’

“Sometimes,” Ray continued, “you can offer a simple choice. That turns a ‘will you buy?’ question into a ‘which one do you want?’ question.”

Ray is right. When it comes to selling, little questions can get you to the goal line faster than big questions. Let’s look at some examples: 1. Do you want to start your ad this week or next week?

2. Which plan do you think best fits your marketing situation: the consecutive weeks plan or the bulk plan?

3. Would you like your first ad to be color or black and white?

4. Which real estate agent would you like to feature in your first ad: Joe or Gina?

5. We’ve seen that a half-page ad fits your budget. Would you like to start with a vertical half-page or a horizontal halfpage?

6. When your ad starts running, we’ll be happy to provide you with copies to display in your windows. How many tearsheets do you want?

7. Would you like to use the same photos that appear on your website, or something new?

8. How would you like to phrase your first offer: Half price? Or buy one, get one free?

9. Would you like your ad to run in the A section or the B section?

10. (On phone) Which is the easiest way to handle the agreement: By email or fax?

All of these questions are designed to advance your prospect to closing. Once he or she makes a choice, don’t let the answer hang in the air. Confirm the sale immediately. Say, “Good choice. Let’s just finish up some paperwork to set things in motion.”

“The most important thing about this technique is that it creates a more comfortable environment for your prospects,” Ray said. “It helps them make buying decisions without feeling pressured.” (c) Copyright 2010 by John Foust.

All rights reserved.

E-mail John Foust for information about his training videos for ad departments: jfoust@mindspring.com

California Publisher Winter 2010

Ten worst tricks (to avoid) read, distracting and unnecesThe word “worst” is a supersary. Placing a soft shadow lative. There can only be one behind display type is a much “worst.” So, it’s impossible to more elegant method for giving have a list of 10 “worst” things. that feature headline just a bit Only one item on the list of more impact. “worse” items could be the 6. Running a headline “worst.” into a photo: There’s an Except ... when it comes to important distinction to be design. made here. A headline in a When we design, there are NEWSPAPER photo can work well (provided an unlimited number of “worst” DESIGN you’re not using those funky things we can do. But some Ed Henninger fonts!). But starting a headline “worsts” are worse than others. over two columns of text, say, Here is a list of those I see in a four-column package, then running occasionally. If you think some of them that head into the two-column photo to the just aren’t done anymore, you haven’t been right of the text … well, let’s not. It’s a dated looking. approach that most often goes wrong.

1. Colorizing type: Occasional use of 7. Funky borders: Let’s avoid the little color in headlines – especially on feature green pine trees around a Christmas feapackages – is fine. But text? I can’t think of any good reason to do that (see accompany- ture. Or little purple bunnies on an Easter package. Worse yet, a border of green ing illustration). baseballs or blue footballs around a sports 2. Color screens behind photos: Too feature. often, this bleeds the photo of its impact.

8. Gradient screens: These can be And ... why would you want to do that? very effective if used correctly. But 99.8 Perhaps frame the package with a color percent of the time, they aren’t used corrule, but drop the color screen. rectly. And then, they’re just awful.

3. Bad text wraps: I have nothing 9. Text over photos: The worst (there’s against text wraps. But so many are still d o that word again!) example of this is runn e so p o o r l y t h a t they result ning black body type over a black and white in awful letter-spacing and word-spacing. photo. There’s not enough space between 4. Funky fonts: Please! Retire Mistral, the words – and between the lines of text University Roman, Brush Script, Comic – to really see the content of the photo.

Sans, Ad lib and all of those other someTinting the photo back makes the text easiday-I’m-gonna-use-this-in-a-features-packer to read, but then the photo is so light it’s age fonts. Most are difficult to read, call almost impossible to see what it is. If you too much attention to themselves and are unneeded if you have sound display fonts as don’t lighten the photo, though, the text is tough to read. Either way, it’s a lose-lose part of your design. proposition.

5. Outline type: It’s dated, difficult to

Events calendar January 2011 Journalism Association of Community Colleges’ Faculty Conference, Jan. 2123, Morro Bay jacconline.org

Go placidly amid the noise and haste, and remember what peace there may be in silence.

As far as possible without surrender, be on good terms with all persons. Speak your truth quietly and clearly and listen to others, even the dull and ignorant; they too have their story.

Avoid loud and aggressive persons; they are vexatious to the spirit. If you compare yourself with others, you may become vain and bitter—for always there will be greater and lesser persons than yourself. Enjoy your achievements as well as your plans.

Keep interested in your own career, however humble; it is a real possession in the changing fortunes of time. Exercise caution in your business affairs, for the world is full of trickery. But let this not blind you to what virtue there is; many persons strive for high ideals; and everywhere life is full of heroism.

Be yourself. Especially, do not feign affection. Neither be cynical about love; for in the face of all aridity and disenchantment it is perennial as the grass.

Take kindly the counsel of the years, gracefully surrendering the things of youth. Nurture strength of spirit to shield you in sudden misfortune. But do not distress yourself with imaginings.

Association of Alternative Weeklies’ Web Publishing Conference, Jan. 28-29, San Francisco aan.org February 2011 CNPA Quarterly Meeting, Feb. 2-3, Sheraton Grand Sacramento cnpa.com March 2011 Associated College Press’ National College Newspaper Convention, March 36, Los Angeles studentpress.org/acp San Joaquin Valley Scholastic Press Assn. Conference, March 5, CSU Fresno Dr. Gary Rice: grice@csufresno.edu

10. Shadowed text: Yes, it happens – a designer placing a drop shadow on body copy. I’ve seen it. (See above.) I hope I’ll never see it again.

There are my top 10 “worsts.” But which is really, like, totally, absolutely, the worst of the worst?

All of them. *** Free design evaluation: Ed Henninger offers design evaluations – at no charge and with no obligation – to readers of this column. For more information, check the FREEBIE page on Ed’s website.

Henninger is an independent newspaper consultant and the director of Henninger Consulting. On the web: henningerconsult ing.com. Phone: (803) 327-3322.

LEGAL From page 1 copyright infringement liability and attorseverely limits potential copyright exposure neys’ fees. faced by a website (and other online serCalifornia newspaper publishers are vice providers) provided that, among other intimately familiar with the state’s libel corthings, the owner of the website has desigrection statute, and Section 512(c) works nated an agent to receive notices of alleged roughly the same way: It’s a statutory proinfringements, gives public notice on how cedure to correct mistakes that provides to contact this agent, and has a process to meaningful protections if you follow the timely respond to take-down demands. rules.

Over the past decade, the DMCA has While most publishers can likely police been the subject of many lawsuits includinfringements of their copyright-protected ing Viacom’s prominent multibillion-dollar work and send DMCA notices and also lawsuit challenging YouTube.com’s hosting avoid copyright lawsuits against them by of its content. adhering to the YouTube won the DMCA’s safe harcase earlier this year bor procedures, on summary judgA site’s designated agent this common-sense ment, and the case is must be registered with the approach is not now on appeal.

Copyright Office (which always followed.

Yet the real story As Jon Healey of the DMCA is the maintains an online direcof the Los Angeles reality that most tory of all agents).

Times observed in online copyright his Nov. 4, 2010, battles never happen “Opinion L.A.” piece, because most web“lawyers around the world are capitalizing sites rely on and comply with the DMCA’s on” digital technologies to enforce alleged safe harbor provisions. copyright infringements to “bring scores of Section 512(c)’s safe harbor works as folclaims for damages.” lows: Healey’s piece highlighted the business A site’s designated agent must be regmodel of Righthaven LLC, a Las Vegasistered with the Copyright Office (which based copyright enforcement venture that maintains an online directory of all agents). has, in a short time, filed some 171 copyIf a copyright owner believes that its right lawsuits. Righthaven has been criticopyright is being infringed online by say, cized by those who insist that its litigation a news website, the owner can identify the approach ignores longstanding “fair use” name of the designated agent for the webprotections. site hosting the content and send it a writRighthaven has also been criticized for ten notice that identifies the specific work its practice of suing alleged infringers, often being infringed (along with some other without making any DMCA-type demands requirements set out in Section 512(c)(3)). beforehand.

If the notice contains the required Time will tell whether Righthaven’s harddetails, the owner of the website hosting the charging copyright enforcement approach allegedly infringing content must respond will thrive, but if it does its enforcement expeditiously to remove the content. tactics will surely be copied by other plainWhile the hosting website is not required tiffs’ lawyers. to remove the challenged content, the vast California publishers operating online majority do so immediately to take advannow have ample incentive to play close tage of the DMCA’s safe harbor provisions: attention to online copyright legal issues. limitations on potential infringement liabilOne extremely productive first step is ity. to ensure that your websites have propIf a website fails to act timely to remove erly designated and registered an agent to the content, the site is presumed to be on receive copyright notices. notice of the infringement and may face

Thomas R. Burke is a partner with Davis Wright Tremaine LLP in San Francisco.

He may be reached at (415) 276-6552 or thomasburke@dwt.com.

American Copy Editors Society Conference, March 17-19, Phoenix aces2011.org

April 2011 American Society of News Editors Convention, April 6-9, Marriott Hotel & Marina, San Diego asne.org Journalism Association of Community Colleges’ State Convention, April 7-9, Sacramento jacconline.org CNPA 2011 Press and G.A. Summit, April 14-16, Wilshire Grand Los Angeles cnpa.com Journalism Education Assn./ National Scholastic Press Assn. Spring Convention, April 14-17, Anaheim jea.org Cal-Western Circulation Managers Association Annual Sales Conference, April 20-22, Grand Sierra Resort & Casino, Reno cwcma.com Society of Professional Journalists Region 11 Spring Conference, April 29-30, San Diego spj.org

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Answers: The only remedy for an overfilled mailbag My mailbox has been packed with questions from all over the place lately. Here is a sampling of the questions readers have sent in over the past few weeks: From Patricia in South Carolina Hi, Kevin, I took your advice and switched to CS5 with InCopy for our editorial workflow â&#x20AC;&#x201C; and I love it!!! I canâ&#x20AC;&#x2122;t imagine ever going back to the clunky NEWSPAPER things we were doing TECHNOLOGY before. But I have a question: Iâ&#x20AC;&#x2122;ve loaded Kevin Slimp our paragraph styles from our InDesign template into InCopy (at launch, with no documents open), but they arenâ&#x20AC;&#x2122;t being retained by InCopy. I have to reload them with each document. I know I must be doing something wrong. I can find nothing in the online documentation. I could sure use your help!

Youâ&#x20AC;&#x2122;ve missed one bit of information regarding your styles, Patricia.

When you load your paragraph styles as described, every new document should include these styles in the Paragraph Styles panel. However, any templates or documents that were previously created will not include these styles. My recommendation is to open your templates, load your styles, then re-save the templates.

From Shari in West Virginia So, we are switching printers for our publication and I submitted a sample of this weekâ&#x20AC;&#x2122;s issue. The printer called to tell me all my fonts arenâ&#x20AC;&#x2122;t embedded. That canâ&#x20AC;&#x2122;t be so. Iâ&#x20AC;&#x2122;ve used my â&#x20AC;&#x153;Slimpâ&#x20AC;? presets for years ever since hearing you speak at a West Virginia Press Association conference a few years ago.

t 5SVTU

The wrong settings in Acrobat Distiller caused Shari to misplace fonts in PDF files.

Loading paragraph styles in InCopy and InDesign works if you load them when no documents are open. However, existing files will not contain the new styles until you load them into those files.

So I investigated and I did find the basic fonts are listed under â&#x20AC;&#x153;Never Embed Fontâ&#x20AC;? even though I have â&#x20AC;&#x153;Embed all fontsâ&#x20AC;? checked. Iâ&#x20AC;&#x2122;m guessing that is an override that could be causing the issue. Am I right?

Everyone in our state knows you are THE GURU, Kevin!

Hi Shari. Youâ&#x20AC;&#x2122;re too kind.

And yes, you are correct. The setting to never embed certain fonts overrides your other settings. This probably happened

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Yes, Mary, I do.

The latest Mac operating system often doesnâ&#x20AC;&#x2122;t recognize certain fonts. When this happens, you can usually install the fonts within the fonts folder of a particular application and that application will recognize them.

I wrote a column on the subject a few months ago. Find it at kevinslimp.com.

because you started with the standard settings in Distiller when creating your new settings.

Itâ&#x20AC;&#x2122;s always best to start with the â&#x20AC;&#x153;Press Qualityâ&#x20AC;? settings and go from there.

From Mary in South Dakota Hi, Kevin: After hearing you speak in South Dakota a few weeks ago, we took your advice and got Adobe Creative Suite 5 and I got a new Mac, which I love! But the rest of the crew is still using Quark. Iâ&#x20AC;&#x2122;m flip-flopping between the two programs until weâ&#x20AC;&#x2122;ve all switched over.

Here is my problem: We do our paper in Times New Roman and Arial (mainly). The fonts are in there and theyâ&#x20AC;&#x2122;re recognized by Photoshop and those programs, but when I pull up the files in Quark it says those two fonts are missing. When I look to replace them it doesnâ&#x20AC;&#x2122;t list them so I can replace them.

Do you have any idea what would cause this? Any help would be so helpful.

From Debbie in Arkansas Hi, Kevin: What scanner would you recommend? I have a MicroTek and it didnâ&#x20AC;&#x2122;t last any time. By the way, everyone loved your classes at the tri-state convention!

Thanks, Debbie.

Get an Epson scanner. I use the Epson 4490, but thatâ&#x20AC;&#x2122;s not a big deal. As long as itâ&#x20AC;&#x2122;s an Epson, youâ&#x20AC;&#x2122;ll get good results.

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California Publisher Winter 2010

TRAINING From page 1

High school day At the Oct. 16 “Make It Better” workshop at The Sacramento Bee, high school journalism advisers Karl Grubaugh, above, Granite Bay High, and Kelly Wilkerson, Davis High, lead a segment on balancing online and print efforts.

CNPA’s Jim Ewert, left, joined Grubaugh in presenting a segment on press rights and public records.

As the driving force behind our newspaper’s mobile strategy, just mention “digital” or “online” or “guess what Steve Jobs just announced,” and you’ve got my attention.

I’m a voracious learner and thrive when I can expand my knowledge base, whether on the news side or in the areas of marketing, advertising and readership.

So when my publisher suggested I apply for a fellowship at the prestigious American Press Institute, I was both flattered and excited. Flattered that he thought I was worthy – and could even qualify – and excited about what I would learn.

I had attended API early in my career (in the era of 2-point border tape and X-Acto knives) – sent by my then-publisher who I presume recognized my potential. But this time, I would be vying for a “fellowship” – someone was going to pay my way – and I wasn’t sure I was up to the challenge.

I went online and completed the application for “Digital Delivery.” It was a match made in heaven. I was all about delivering the news and, well, the digital platform was my new love. My publisher wrote a glowing letter on my behalf, and I emailed the required documentation by the deadline.

If nothing else, I surmised, it was a good exercise.

A few weeks later, I received an e-mail from API. It began, “Congratulations …”

I couldn’t believe it! I was excited, proud, thrilled, proud, excited … you get the idea.

At the workshop, each day was full of “good stuff,” from speakers on “Developing the local digital team” to “Designing the user experience” to “Untold secrets of mar-

keting in the social media era.”

Presenters from The Washington Post, Philly.com and Gannett shared their insight and expertise on the digital and mobile platforms, including iPhone and iPad. As a group of editors, advertising executives and online coordinators, we attendees commiserated about how we all have to wear different hats. A more traditional editor is not only overseeing the print product, but also is charged with maintaining content and social media online. We were surprised to find that we’re all facing the same challenges, only in different markets. And I was proud to see that I could bring insight and ideas to the table.

While some of the expectations were far beyond my newspaper’s smaller budget and staffing levels, there were great takeaways and best practices that could be tailored to fit my needs. I found several buzzwords sticking in my head: The user experience.

Defining strategy. Be a change agent. SEM (search engine marketing). Readability.

My favorite takeaway, however, was “Demos not memos.”

We’ve already started on plans that will help drive more users to our website, will expand our social media on Facebook and Twitter and, best of all, will generate revenue for the future.

Kaczmarek has led The Sentinel’s newsroom for four years, after five years at the Merced Sun-Star. She leads the mobile news initiative for Lee Enterprises Inc.’s Central California newspapers. Contact her at (559) 583-2403 or JKaczmarek@ hanfordsentinel.com

Salespeople: Treat good ones like gold with low demand and tons of competition? First, I’m thinking there is absolutely no one in the rewrite the marketing strategy, revamp the product business world who has to be convinced about line and overcome negative perception. Then, hire the importance of training and developing their the right people, train and develop them and treat employees. So, if it’s that universally important, the winners like gold. The good news is that transall companies already do it. Right? formation is already taking shape.

Actually, wrong. A very low percentage As a long-time newspaper guy and a headhunter of companies do any structured, consistent, still happily tethered to the business, I have seen meaningful training. training programs come and go and come and go Sales training has never been more imporagain. At budget-cutting time, it’s tempting to cut tant for newspaper advertising salespeople for those focused on training. The thinking is often three key reasons: First, we are in a seriously NEWSPAPER that training should be done by sales managers. crippled economy. Advertising budgets are MARKETING There’s one problem with that. contracting, not expanding. Second, they are Scott Little As an advertising director, my New Year’s selling against the perception that newspapers resolutions always included doing a better job at are dinosaurs not long for this world. Third, training and developing people. In fact, that was selling advertising on mutual platforms – print often at the top of the list. Then, along about March of and digital – is complex, foreign and downright scary for each year, I lamented the fact that it just wasn’t getting a lot of salespeople, especially those who came up selling done. Certainly not with the consistency and thoroughness newspaper space. needed.

We are in an industry that was hugely successful for As someone in the business of finding good people, I decades. It didn’t really take much training to sell newspahave noticed new interest in those with the ability to train per space when 80 percent of all advertising budgets were others. They are out there. In fact some are out of work: dedicated to print. In fact, it was a business in which poor simply collateral damage of this economy. to mediocre people could be heroes. That happens with Good trainers are hard to come by. The fact is, some peocommodities where there is a high demand and little comple can sell but not train. And some people can train and petition. not sell. But there are those who know how to sell and still So, how do we make the turn starting as a commodity

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have the ability to transfer that knowledge to others.

One company that is in transition is the Journal Register Co. Under new and impressive leadership, the company’s mantra is “digital first, print last.” That about-face in mindset demands that they retrain the people already aboard and make sure that new hires get off on the right foot.

They have trainers at the corporate level who travel to their many properties and help people get comfortable with a whole new multi-platform product mix. They also have a central training facility at headquarters. Once a month, new hires throughout the company as well as those already on the payroll come to that facility for intensive sessions aimed at helping them be the best they can possibly be.

Aside from what can be learned, employees greatly appreciate that the company is investing in their success.

They are going into the field with the product knowledge, product mix and sales technique needed to do it right.

I’ve always believed that everyone wants to feel that they are contributing and that they are appreciated. They want to like what they see when they look in the mirror. Being a hero in today’s world and in the newspaper business is not nearly as easy as it once was. Which makes it all the sweeter.

Scott Little is president of Media Recruiters, an Allied member of CNPA. Contact him at slittle@mediarecruiters. com or (530) 342-6036.

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Winter 2010 California Publisher

Lifetime achievement honors to Hodell The Philip N. McCombs Achievement Award was established in 1989 in recognition of the many years of service to the California Press Association by its longtime Secretary-Treasurer, Philip N. McCombs of Allen’s Press Clipping Bureau.

The award is presented annually to a distinguished newspaper leader who is no longer fully active in the profession and has served his or her community and journalism well for an extended period of time and who has made a lasting contribution to the industry and its traditions.

This year’s honoree is former publisher and longtime newspaper broker Mel Hodell.

Hodell was born in Oak Park, Ill., and began his life-long career working on his high school paper in Detroit. He went on to Northwestern University where, as an undergraduate, he was the top editor of the Daily Northwestern.

He was the outstanding Masters Degree graduate of his class of the Medill School of Journalism at Northwestern.

Hodell served his country during World War II and after the war while coming home from India on a troop ship, he edited a daily mimeographed newspaper onboard. Ever the journalist, Hodell was admonished by the captain for creating unrest by printing a Thanksgiving Day article on

the feast enjoyed by the officers while the enlisted men ate hot dogs.

Early in his professional career, Hodell worked at the Merced Sun-Star and Pismo Beach Times as well as newspapers in Illinois, Wisconsin and New York. He went on to publish the Upland News and expanded it to include the Montclair Tribune and Cucamonga News. During this time he became the first weekly newspaper to obtain membership in the California Newspaperboy Foundation, which opened up the knowledge and standards involving circulation practices to all weekly newspapers.

Throughout his publishing career, Hodell ran his newspapers with solid hard news and investigative reporting and vigorous editorial and columnar viewpoints. Over the years, Hodell’s newspapers were awarded 37 state and national contest awards including first places in California for Freedom of Information and Community Service.

At this point in his life, Hodell began his second career ... a career that lasted more than 35 years.

As a newspaper broker, appraiser and consultant, he participated in the sale of more than 125 daily and weekly newspapers. Hodell was successful in part due to his fiduciary motto of “no fraud, no misrepresentation and full disclosure.”

Over the years, Hodell has participated in scores of CNPA workshops and was also involved with the National Newspaper Association and has attended many ANPA/ NNA meetings.

He acted as a judge of the CNPA Better Newspapers Contest for both Northern and Southern California for more than 20 years and, for the past decade, he has served as a judge for the California Press Association’s Hall of Fame Award. He has attended nearly every CNPA Board meeting and convention since 1958.

Hodell was married to Virginia, who worked with him on many newspapers, for 54 years. She passed away in 2001. He has two children: Melinda, with a Ph.D. from Stanford who operates a high-level executive consulting firm in Oakland; and Douglas, a Stanford and University of California at Davis law school graduate now in charge of the real estate division of a 44-lawyer firm in Sacramento.

His four grandchildren include Evan, a former Navy pilot who now attends medical school; Emily, a professor at Willamette University in Salem; Ellen, who is in charge of special education programs at four Portland schools; and Rory, who keeps the ink in the bloodline as an English and Journalism professor at the University of North Carolina.

Mel enjoys travel, having visited 26 countries in the past 10 years with Jackie Kahler, and the pair do ballroom dancing along with walking two miles a day to keep in shape.

Twain Award to sportswriter Fimrite Ron Fimrite (1931-2010) was honored as the recipient of the Mark Twain Award during the California Press Association’s 133rd Annual Winter Meeting on Dec. 3.

Fimrite was part of a famous stable of San Francisco Chronicle columnists that included Herb Caen, Art Hoppe, Stanton Delaplane and Charles McCabe. Fimrite’s work combined elegant prose with sometimes raucous storytelling.

He was known in the 1960s and early ’70s for his “Sporting Tiger” column, a whimsical series of daily sketches that appeared in the Sporting Green. His stories were infused with humor, were often touching and exhibited a kind of personality that is rare these days in the world of journalism.

Fimrite’s instructions were to take a broader view of sports by focusing more on the human condition. He took the instructions seriously, leading a 1966 column about the San Francisco 49ers’ middling record with an observation about humanity itself: “Mankind, if it applies itself and doesn’t stay out too late, may yet achieve absolute mediocrity.

“It will take even less creativity and more obtuseness than we – if I may include myself – have shown thus far. But the goal is not far off – about halfway, from here to there.”

Fimrite worked for The Chronicle from 1959 to 1971, then joined Sports Illustrated,

where he was the main baseball writer for 10 years and a fixture at the magazine for more than 34 years, covering 16 World Series, two Olympics and several Super Bowls.

Sports Illustrated colleague Frank Deford told the New York Times that Fimrite “looked at the world with a cocked hat. He certainly had the feeling, ‘Hey, it’s sports, it’s fun and games, let’s not get carried away with it.”’

Regardless of his fame as a magazine writer, Fimrite remained a newspaper man at heart, infusing everything he wrote with the basics of the trade: clarity, accuracy, thoroughness and efficiency.

Allegretti is executive of the year Anthony A. Allegretti, known to his friends and colleagues as Tony, started his newspaper career at age 7, working as a carrier at his parents’ paper in Watseka, Ill. The journey since then has been illustrious and accomplished.

‘Tony Allegretti is a futuristic thinker and a terrific newspaperman. There is a lot of energy packed in that small frame,” said Jack Bates, CNPA’s executive director.

“He has proven to be a dedicated leader through his five years as an officer of the association.”

“On his watch as president of the board of directors, Tony started the statewide banner ad program, hired Wolf Rosenberg as assistant ad director and was a great help in recruiting newspaper sponsors for the 2010 CNPA Summit,” Bates added.

With almost 40 years in the community newspaper business, Allegretti served

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in senior executive positions with Park Communications, Ingersoll Publications and MediaNews Group.

Allegretti always knew that corporate politics were not his game and that he was best suited to run his own company. He achieved that goal in 1989 when he became president and chief executive officer of Independent Media Group (IMG), which grew from four dailies with annual revenue of $11 million to 44 publications with revenue of $47 million generated from newspapers in Wisconsin, Michigan and Nebraska.

IMG sold to Lee Enterprises and Liberty Publishing Group in 2000, and Allegretti headed back west, when he joined PacificSierra Publishing in 2001 as president and CEO. He then formed MainStreet Media Group to purchase various media enterprises after The McClatchy Co. purchased several Pacific-Sierra newspapers in the Central Valley. MainStreet Media Group and its sister company, MainStreet Communications, publishes more than 20 titles in Northern and Southern California.

Steve Staloch, Allegretti’s business partner of 20 years, says, “Tony has an opportunistic and optimistic viewpoint toward newspapers and has embraced the digital age.”

“Tony has a strong commitment to excellence and producing quality local publications and websites,” said Phyllis Pfeiffer, group publisher in the MainStreet Communication division. “He understands the role and responsibility of local journalism in a community and supports his publishers in all of their endeavors.”

Anthony Allegretti received the Justus F. Craemer Newspaper Executive of the Year Award on Dec. 3, 2010, at the California Press Association’s 133rd Annual Winter Meeting in San Francisco.

HALL From page 1 always sincere. Its stand on issues is not taken from personal prejudice or haphazard opinion but only after mature reflection and deep deliberation has convinced the editor of the wisdom of its course. For that reason newspapers err far more rarely than the individual.”

Adhering to these principles, Amphlett’s voice, heard via the printed word, was recognized as honest and unbiased, and, therefore, commanded attention and respect.

Amphlett’s friends were legion, including four governors of California and a corps of coworkers, who not only admired him but found him exceedingly likeable. A popular, magnetic speaker, he often was in demand at fraternal events as well as important cultural affairs.

Amphlett’s strong and consistent advocacy and influence were prime and indispensable factors in bringing to fruition many a worthwhile undertaking and enterprise in regard to the welfare and progress of his community, the Bay Area and the state.

His platform, regularly carried in the editorial page of the Times, bespoke his abiding interest and concern for the prosperity and happiness of the population.

Amphlett was director of the San MateoHayward Bridge Authority and is generally credited with having promoted the construction of that important span linking San Mateo County with the East Bay. Although urged to, he never held office.

Nevertheless, he often was consulted on the affairs of his city. As Aylett R. Cotton, onetime mayor, and other dignitaries agreed, his advice and counsel, always generously and sympathetically given, was of immeasurable assistance. Virtually every important activity in San Mateo or the county in general regarded his help necessary to success. And he gave his time without thought of personal gain and often without the least public recognition.

Amphlett was a director of the San Mateo branch of the Bank of America and chair of the San Mateo County Republican Central Committee for many years.

His affiliations numbered the San Mateo Rotary Club, the Knights of Columbus, the Peninsula Club, and in San Francisco, the Press Club and The Family Club. He was active in the Elks, serving as Exalted Ruler of San Mateo Lodge No. 1112 and District Deputy Ruler, also serving as secretary to the National Grand Exalted Ruler. He was a Philharmonic Society of San Mateo County patron, a Friends of Music member, and the San Mateo Preventorium director.

The San Mateo Times remained in the Amphlett family for 78 years. In 1996, it was sold to MediaNews Group. The newspaper remains in publication as the San Mateo County Times.

Amphlett was inducted into the California Newspaper Hall of Fame on Dec. 3 in San Francisco.

10 California Publisher Winter 2010

CNPA 2010-2011 Board of Directors Officers

Ron Redfern

Ralph Alldredge

President-elect President The Press-Enterprise Calaveras Enterprise San Andreas Riverside

Amy Pack

John Burns

Vice President Visalia Times-Delta

Secretary-Treasurer Petaluma Argus-Courier

Tony Allegretti Immediate Past President MainStreet Media Group, Gilroy

Directors Jeff Ackerman The Union, Grass Valley Gerald A. “Jerry” Bean Yucaipa News Mirror Bill Brehm Jr. Brehm Communications Inc., San Diego Cheryl Brown The Black Voice News, Riverside Cherie Bryant Antelope Valley Press, Palmdale George Cogswell Ventura County Star Roger Coover The Record, Stockton Dean Eckenroth Coronado Eagle & Journal Karlene Goller Los Angeles Times Fred Hamilton Los Angeles Newspaper Group David Herburger Galt Herald Debra Hershon Half Moon Bay Review Terry Horne The Orange County Register, Santa Ana Bill Johnson Palo Alto Weekly Eric Johnston The Modesto Bee Gene Lieb Los Banos Enterprise Ed Moss The San Diego Union-Tribune Paul Nyberg Los Altos Town Crier Phyllis Pfeiffer La Jolla Light Scott Pompe Tribune Community Newspapers Cynthia Schur Santa Maria Times Brenda Speth The Napa Valley Register Mike Taborski Feather River Bulletin, Quincy Mac Tully Bay Area News Group Frank Vega San Francisco Chronicle Edward A. Verdugo The Event News-Press, Cypress Marty Weybret Lodi News-Sentinel John Wilcox The San Francisco Examiner Arnold York The Malibu Times

When to credit the competition to assuage journalists’ tender The recent fuss over whether egos, he concluded. the Washington Post should have Don’t get me wrong; I’m all for credited two other media outlets letting my competitors eat dust. as being the original source of stoBut things have changed, and it’s ries the Post then followed with its time to step back and rethink. own reports highlights how some The evolving reality is that of those old verities about the more readers, just by dint of news business are changing. being hooked into social netThe old standard was to do works and other referral sites, everything you could to not COMMON are going to realize you didn’t credit a competitor, and the Post break the story. So why not let seemed to be following that when SENSE Betsy Rothstein of Mediabistro’s JOURNALISM them know they can get the whole story from you so maybe FishbowlDC took it to task.

Doug Fisher they’ll come back to you more Rothstein complained that the often as the place they start lookPost failed to note that Politico, ing? Be honest in who broke it and, online, the all-things-political online site and link to them. newspaper, had broken the story about It’s all about transparency in an age when MSNBC host Keith Olbermann’s suspencredibility is much less institutional – who sion for making political contributions. you are – and much more transactional: She also slapped the Post for not crediting Have you shown me you consistently get it FishbowlDC for first word that Jim Brady right and are honest about any problems? was leaving as general manager of TBD, Less than a week later, the Post’s a much-publicized hyperlocal venture in ombudsman, Andrew Alexander, urged Washington.

Paul Farhi, who matched the Brady story, the paper to provide more transparency by making more of its internal policies public, said he had credited Fishbowl but that it especially the “Standards and Ethics” secwas taken out on the desk because his edition of its stylebook. tor was not sure Fishbowl had broken the Alexander was exploring the pressures on story and there was no time to check on newsrooms to link to salacious, but quesdeadline. tionable, reports that run wildfire across “Personally, I believe it’s a courtesy to the Internet. “In a medium with an inhercredit the original news source of a story, ent need for speed, how strictly should the but I don’t think it’s a requirement or even old rules of authentication and fairness be important,” Farhi wrote. applied?” he asked.

“Unless one is taking someone else’s Bill Kovach and Tom Rosenstiel, in “The work without attribution … any news story Elements of Journalism,” realized when should stand on its own and speaks for the book came out in 2001 that things were itself as an original piece of work,” he conchanging. They argued for a new “Rule of tinued. It’s basically irrelevant to readers Transparency.” who had it first, and such things are more

“The only way in practice to level with people about what you know is to reveal as much as possible about sources and methods,” they wrote. Doing so, they said, “signals the journalist’s respect for the audience.”

And it would seem that starts with acknowledging someone else had the information first and you built off it.

Word Watch Last month, I wondered aloud about the construction “eat healthy,” when healthy is the adjective and healthily is the adverb. It seemed to me the idiom was changing.

Then Kasia Pierzga, editor and publisher of The Whidbey Examiner on Whidbey Island, Wash., reminded me that “shop local” and “buy local” have become widely used, the same sort of idiom-shifting at work.

“The word ‘locally’ doesn’t have nearly the ‘oomph’ of ‘local,’ and since we take more liberties with language in ads than we do in news copy, we use that word in lots of phrases,” Pierzga wrote. “And I hear people using the phrase more and more frequently.

I think people know it’s not grammatical, but they think of it as sort of ‘hip’ slang.”

However, Pierzga recalled that one reader was so incensed about “local” vs. “locally” he stopped subscribing.

There’s always someone to keep us honest – honestly.

Doug Fisher, a former AP news editor, teaches journalism at the University of South Carolina and can be reached at dfisher@sc.edu or (803) 777-3315. Past issues: http://www.jour.sc.edu/news/csj/ index.html.

PROFILE From page 2 independent distribution companies to manage our home delivery and single-copy distribution efforts. It was a substantial amount of work to get it done, but we have been very pleased with the results. One unexpected result has been the reduction in the total number of service complaints.

In 2007 and 2008 we, like many newspapers in similar situations, outsourced other peripheral business functions including circulation customer service, ad production and some functions in finance.

Describe your ideal day of getting out into the community.

Modesto is just small enough that I can walk downtown and run into various customers, elected officials and readers of The Bee. Engaging readers on the street about our endorsements, story coverage or debunking the myth that we have moved out of Modesto altogether (we haven’t) is something I truly enjoy.

I also try to observe civic meetings when I can – city council, boards of supervisors and the like – even if only for a portion of the time to get a first-hand feel for how our local government is working.

I frequently do ride-along visits with our sales account managers, giving our customers an opportunity to ask questions about our operation and hopefully nudge them to spend just a bit more. I will also always make time for visiting area classrooms – elementary, high school or college.

What do you like best about your position?

There are two things that I like the most about this job, both related to our core functions.

First, it gives me a great sense of satisfaction and pride when the stories we report or the opinions we offer result in positive change in our community. We have seen some of that recently with countywide pension reform and improved access to public meetings. As part of that process I really enjoy participating on our editorial board – helping craft our institutional opinions and writing the occasional column – and sitting in our afternoon news meetings.

Finally, every afternoon our advertising

to receive it.

“If we can deliver news and information via a 56k baud modem, we can deliver it to anything – mobile phone, tablet, television, refrigerator, side of a bus – it all depends on how the consumer wants to receive it.”

– Eric Johnston, The Modesto Bee team comes together to share their victories for the day. It is a great chance for me to witness the day-to-day successes that will ultimately see us through this difficult time.

In your crystal ball, how will we subscribers receive our daily news from a company like yours in 20 years?

We continue to evolve into a 21st century media company, and I am confident we will be prepared for the yet-unseen technological changes that await us.

That said, I think the printed newspaper will still be an important part of our company in 20 years. At some point there will be a crossover: the point at which the number of our consumers more comfortable with electronic delivery surpasses that of those more comfortable with printed delivery.

I think the recent development of products like the Kindle and iPad are important steps in transitioning readers from print to electronic delivery mechanisms. Laptops were an improvement on desktop computers, and tablets are an improvement on laptops. Considering the speed of technological evolution, I think there are going to be some very exciting (and reasonably priced) personal electronic devices that will allow news companies to find more efficient, consumer-friendly electronic delivery methods.

The way I figure it, if we can deliver news and information via a 56k baud modem, we can deliver it to anything – mobile phone, tablet, television, refrigerator, side of a bus – it all depends on how the consumer wants

How has your membership in CNPA helped your business?

CNPA has helped in a variety of ways.

The CNPA advertising networks have provided us with financial opportunities – both selling into and getting ad schedules from – that we might not have had otherwise.

The legal staff – who is continually trying to beat back legislation that might have negative impact on our business – has supported us in pursuing transparency in our local government. A perfect example is the assistance we received when we filed suit against the county to turn over public pension records in 2009. We prevailed in that case and helped solidify the public’s access to that information statewide.

Through the annual conferences and email bulletins, CNPA has also allowed us to see how other papers in our state operate, and institute the best practices in our operation.

Now you get to write your own question. You also have to answer it.

Q: How did you happen to start working for newspapers? Was there a “eureka” moment?

A: At my high school, every freshman student had to meet with a guidance counselor and a parent to discuss their “educational career.” During this meeting, my counselor, Molly Durham asked me, “Eric, what do you want to do when you get out of high school?”

At the time I had a rather romantic vision of being a research scientist, donned in a white lab coat, surrounded by beakers and burners. As I explained this to her, she looked at my mother and then back at me.

“But Eric, you stink at math,” she said.

She was right. I did stink at math. She then asked a very important question: “Eric, what do you like?”

My response was that I enjoyed my Academic Journalism class, a prerequisite for any student interested in working on the newspaper and yearbook staff. She encouraged me to continue exploring that avenue and see what happened.

Thanks, Mrs. Durham. You were right.

Winter 2010 California Publisher 11

Coover, Pfeiffer are new directors President Ron Redfern has appointed Roger Coover and Phyllis Pfeiffer to fill vacancies on the CNPA Board of Directors.

Coover, publisher of The Record in Stockton and president of San Joaquin Media Group, succeeds Gary Omernick, The Monterey County Herald, who resigned from the board.

Pfeiffer, publisher of the La Jolla Light and group publisher for MainStreet Communications, succeeds Melanie Polk, who resigned upon the sale of the L.A. Watts Times.

Pfeiffer previously was a CNPA director while publisher of the Marin Independent Journal.

Coover will serve the remaining one year of Omernickâ&#x20AC;&#x2122;s three-year term, while Pfeiffer will serve two remaining years in Polkâ&#x20AC;&#x2122;s term.

For more about CNPAâ&#x20AC;&#x2122;s officers and directors, see the chart on Page 10.

Three new CNPA members approved

U S

Submit a story idea, letter or comment to California Publisher: Joe Wirt (916) 288-6021; joe@cnpa.com

By David Fowler Special to California Publisher If youâ&#x20AC;&#x2122;re a publisher or ad director, give this article to your artists. It will help them create better ads, starting now.

1. Make the focal point of the ad a dominant picture(s) or headline o Put the largest (dominant) picture at the top or top left of ad. o Place headline subordinate to visuals, but â&#x20AC;&#x153;marryâ&#x20AC;? them so they read â&#x20AC;&#x153;as one.â&#x20AC;? o If no pictures, place headline at top.

2. Make sure pictures â&#x20AC;&#x153;flag downâ&#x20AC;? and interest target readers. o Choose pictures with a â&#x20AC;&#x153;storyâ&#x20AC;? that supports the headline. o Crop out unnecessary background distractions. o Use simple, straightforward visuals that communicate at a glance. o Pictures of people should have subject looking at the reader. o Use high contrast pictures: They reproduce better.

3. Use type to communicate the offer and reflect the adâ&#x20AC;&#x2122;s â&#x20AC;&#x153;tone.â&#x20AC;? o Headlines can be set in serif or sans serif, but set them bold or extra bold. o Use serif faces like Times Roman or Garamond for body copy; research shows itâ&#x20AC;&#x2122;s easier to read. o Headline type should be no less than four times larger than body copy: Bigger is better. o The smaller the ad the more important the headline size! o Set the headline in upper and lower case ... not in all CAPS ... caps are read one character at a time! o Set headlines in black or bold color to maximize attention: Red and blue are good. o Set body copy in black or dark colors.

The softer the color the less contrast and

Get help with a legal issue: Jim Ewert (916) 288-6013; jim@cnpa.com Legislative issues: Tom Newton (916) 288-6015; tom@cnpa.com Place a recruitment ad: Debbie Foster (916) 288-6018; debbie@cnpa.com Better Newspapers Contest: Bryan Clark (916) 288-6001; bryan@cnpa.com Membership Services: Bryan Clark (916) 288-6001; bryan@cnpa.com Donations to the CNPA Foundation: Joe Wirt (916) 288-6021; joe@cnpa.com

New directory for the New Year!

Your source for contacts

the harder the words are to read.

Avoid setting headlines or body copy over graphic patterns; it confuses the readerâ&#x20AC;&#x2122;s eye. o If you set type on a color, make sure the color is light so the type pops and is easy to read. Always err on the side of high contrast. o Many of your prospects are older, so as a rule, body copy should never be smaller than 11-point. o Break headlines and subheads into coherent phrases: o

I want to kiss her BUT she wonâ&#x20AC;&#x2122;t let me â&#x20AC;&#x201C; NOT â&#x20AC;&#x201C; I want to kiss her BUT she wonâ&#x20AC;&#x2122;t let me o If you use type in columns, donâ&#x20AC;&#x2122;t let lines exceed 4 inches wide: They fatigue the eye. o Keep lines of text short and manageable.

Excessive line length kills readership. o If you must use â&#x20AC;&#x153;reverse typeâ&#x20AC;? use it sparingly. Itâ&#x20AC;&#x2122;s hard to read and lowers message retention.

4. Place big items over small o Overall, the ad should have bigger pictures and type at the top. o Place big pictures over small pictures. o Place big type over small type.

5: Put the logo or name at the bottom right o The logo or name of the business is a â&#x20AC;&#x153;signature.â&#x20AC;? It belongs at the bottom center or right of center.

To increase ad revenues and stop churn, have David Fowler train your reps, artists and advertisers. Call (760) 822-2133 or email gofinddavid@gmail.

Buy his latest book, â&#x20AC;&#x153;Ultimate Moneymaking Newspaper Ads,â&#x20AC;? at david fowlerads.com.

If we want quality journalism in the future, we must help to pay for it now.

EO

This past year, support from Californiaâ&#x20AC;&#x2122;s newspaper publishers

N L I N E N O W!

enabled the CNPA Foundation to fund eight college internships, provide 15 campus newspapers with grants for editorial and production equipment and cover

W!

Order a CNPA book or directory: Debbie Gerber (916) 288-6012; dgerber@cnpa.com

DO

NO

Advertise in California Publisher: Diane Donohue (916) 288-6017; diane@cnpa.com

AT

CONTAC T

Jeffrey Guenther, managing partner l Scarborough Research, Austin, Texas; Gary Meo, SVP, Print & Digital Media CNPA membership now totals 829 across all categories.

For more information on CNPA membership, please contact Bryan Clark at (916) 288-6001 or bryan@cnpa.com.

Take some tips to create ads with positive potential

DON

The CNPA Board of Directors approved these new members at its Oct. 15 meeting in Riverside: Active: l Rosamond News, weekly; John Joyce, publisher Allied: l Media Print Inc., Phoenix, Ariz.;

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30

12 California Publisher Winter 2010

Mentor now and again It was the occasion of our October high school journalism day in Sacramento that found me again in that room.

On this recent day, presentations dealt with how student journalists should use the open-records tools of their professional brethren to get the details of stories.

The last time I was there was as a Bee newbie, with a table’s worth of other new hires, having lunch with executives in the executive lunchroom.

To Mr. Whittaker and Mr. Favre, the G.M. and the editor, I could have been just another workerbee come to take his place in the hive.

Heck, to me that’s all I was.

But the tagline CNPA that Favre tossed out OUTREACH during our intros eclipsed any deprecaJoe Wirt tions I could have voiced afterward.

“This is a Tatarian kid,” Favre said, or something to that effect. Meaning I carried the badge that many Fresno State students still wear today: We took our journalism lessons from the maestro.

Roger Tatarian, the esteemed UPI editor, later taught students like me how to take the rudiments and make them work.

The advanced reporting class was where I learned diligence and tirelessness. I must have rewritten one story, on irrigation runoff and its effect on a reservoir’s wildlife, a dozen times for the patient Mr. T. It also taught me that many were more suited to diligent, tireless reporting.

Where they became fire-breathing reporters, I took the path of cool, unobtrusive rewriting and do-no-harm editing. (You all still need us. You know you do.)

When the late Tatarian the teacher, the mentor, the sensei, was inducted into our Fresno State alumni chapter’s Hall of Fame in October, I joined dozens of diligent, tireless beneficiaries in the audience.

We all had our reasons.

A couple of days after that, back at the high school workshop, I was convinced that every high school adviser that led a segment, every teacher who brought his or her students, and every Bee pro who came out on a Saturday, had their own Mr. T. Me? I did my pay-it-forward part by critiquing three high school newspapers.

With adviser and editors, we spent half an hour each, front to back, headlines to ad stack to photos to staff boxes.

The students and advisers who devoted a Saturday to their craft deserved at least that much. *** Nine years ago, Bill Johnson was among the group of interrogators who invited me to breakfast at a Journalism Association of Community Colleges convention.

“What’s your story?” they seemed to want this newspaper industry guy to explain. “You just some company man come to talk a good game, or can you really help?”

I don’t recall this industry guy’s spiel exactly, something having to do with pipelines and liaisons, but I’ll never forget Johnson’s humble, inquisitive manner.

The former Chabot College journalism adviser died Oct. 30 of prostate cancer at age 67. He mentored and quietly went to bat for other college journalism teachers, and he shed a light for those of us who are privileged to work with those who teach.

Johnson, who hosted a high school workshop for us and supported the California Journalism Education Coalition, was a CNPA Journalism Instructor of the Year in 1997. We’ll miss him.

Editor Joe Wirt is also secretary-treasurer of the CNPA Foundation. Contact him at (916) 288-6021.

HELPLINE

within 100 feet of a polling place ... photograph, videotape, or otherwise record a voter entering or exiting a polling place.”

Historically, election workers have interpreted this code section to flat out prohibit any photographs at polling places, arguing that the mere presence of the media at the poll acts to dissuade voters.

This view is shared by the CA Secretary of State: http://www.sos.ca.gov/elections/ ccrov/pdf/2010/october/10301jl.pdf who takes the position “that the use of cameras or video equipment at polling places is prohibited, though there may be circumstances where election officials could permit such use.”

Although it won’t help you now that the election has passed, you might consider meeting with your local officials before the next election.

Explain that you want to get some shots of voters and try to persuade them to exercise their discretion and try to get some ground rules established that permit you to obtain some photographs.

Call Jim Ewert with your questions at (916) 288-6013.

From page 2 Section 706.034 and California Family Code Section 5235 allow an employer to deduct from the earnings of an employee the sum of one dollar and fifty cents ($1.50) for each payment made in accordance with an earnings withholding order or an earnings assignment order for support.

To the extent that costs associated with payments you make pursuant to the court orders are $1.50, you will be able to recover those for each payment you make. You would be unable to legally recover any of your costs that exceed $1.50 per payment.

Q:

On Election Day we sent photographers to several polling places to photograph people voting.

One of our photographers was stopped by an election official and told she could not take pictures inside the polling place.

Since the polling place is public, doesn’t a photographer have the right to take photographs?

LAWS From page 1 impact on news operations, CNPA opposed the bill after learning it was introduced to address the perceived harm associated with protected political speech, such as printing the names of soldiers killed in the Iraq war on T-shirts for sale to the public along with sayings such as “Bush lied, they died.”

AB 2091 by Assemblywoman Connie Conway (R-Visalia) amends the California Public Records Act to exempt information security records if, on the facts of the particular case, disclosure of the records would reveal vulnerabilities to, or increase the potential for, an attack on an information technology system of a public agency. CNPA worked to substantially narrow this new exemption.

AB 2479 by Assembly Speaker Emeritus Karen Bass (D-Los Angeles) creates enhanced criminal punishment for the violation of certain traffic laws with the intent to capture an image of a person for a commercial purpose. CNPA and the California Broadcasters Association opposed the late amendments to the bill that create enhanced punishment for interfering with the operation of a vehicle, tailgating and reckless driving with the intent to capture an image. AB 2479 also amends the state’s civil anti-paparazzi law (Civil Code Sec.1708.8) to include “false imprisonment that is committed in order to obtain a visual image or other impression of the person.”

SB 5 by Senate Majority Leader Dennis Hollingsworth (R-Murrieta) allows family members of a child that is killed as a result of crime to request the child’s autopsy report be “sealed” from the public under the California Public Records Act. The bill was introduced in reaction to the tragic cases of Chelsea King and Amber Dubois, two teens who were murdered by a registered sex offender. CNPA’s efforts substantially narrowed the scope of the bill. An urgency measure, the bill became effective when it was signed.

SB 438 by Sen. Leland Yee (D-San Francisco) extends California’s substantial protections for student speech and the student press to students attending charter schools. CNPA sponsored the bill.

SB 650 by Sen. Leland Yee (D-San Francisco) protects University of California employees who report wrongdoing from employer retaliation. Supported by CNPA, the bill overturns a recent California Supreme Court ruling that said U.C. employees cannot sue for damages under the state’s whistleblower protection laws so long as the university itself reviews the complaints in a timely fashion.

Compiled by Thomas W. Newton, CNPA general counsel. Contact Newton at (916) 288-6015 or tom@cnpa.com.

Follow the Capitol process by reading the CNPA Legislative Bulletin. It’s emailed weekly to members while the Legislature is in session.

A:

The law is not particularly clear in this area, but the bottom line seems to be that the ability to take photographs at polls is at the discretion of local elections officials. There are two code sections that most directly deal with the issue of taking photographs at polling places.

California Elections Code Section 14221 says, “Only voters engaged in receiving, preparing, or depositing their ballots and persons authorized by the precinct board to keep order and enforce the law may be permitted to be within the voting booth area before the closing of the polls.”

The law doesn’t define the breadth or scope of what constitutes the “voting booth area,” and no court has weighed in on it either. Most poll workers define the area broadly in order to preserve the integrity of the process.

California Elections Code Section 18541 says, “No person shall, with the intent of dissuading another person from voting,

We put your support to work:

The CNPA FouNdATioN serves California’s newspaper readers by supporting and financially assisting the state’s high schools and colleges to teach quality journalism that is also responsive to changing technology and consumer preferences.

Your

tax-deductible

contributions help to fund our internships, equipment grants and adviser training.

contribute

todaY.

details in your cnpa dues invoice or call

916-288-6021.

Now ... for the future

CNPA FouNdAtioN Details at www.cnpa.com

Serving California newspapers since 1888

Thank you, 2010-11 contributors: Anthony Allegretti, 2009 CNPA President Jerry (2006 CNPA President) and Brenda Bean Dick Blankenburg, 1990 CNPA President Lowell Blankfort, Blankfort Unlimited Inc. Bill Brehm Jr., Brehm Communications Inc. John Burns, Petaluma Argus-Courier Becky Clark Jack (1965 CNPA President) and Jean Craemer Dean Eckenroth, Coronado Eagle & Journal C. Deane Funk, 1975 CNPA President Richard Hanner, Lodi News-Sentinel Craig (2000 CNPA President) and Katie Harrington, The Intermountain News, Burney Mel Hodell Mary Ellen Irons

Thomas E. Kaljian, Coldwell Banker/Kaljian And Associates, Los Banos Gregg Knowles, Knowles Media Brokerage Services Peter R. La Dow, 1987 CNPA President Mary Lewis Allen P. McCombs, 1982 CNPA President John McCombs, Allen's Press Clipping Bureau Rowland (1988 CNPA President) and Pat Rebele Robert and Joan Rouse Brenda Speth, The Napa Valley Register Marjorie L. Weed Fred Weybret, 1973 CNPA President Marty and Christi Weybret, Lodi News-Sentinel Shirley S. Wood

Allied Members of CNPA: Your Allied membership entitles you to a business card-size ad in the next four issues of California Publisher, CNPA’s official newspaper.

Specifications for business card-size ad: Up to 4.75” wide x 3.5” deep; black and white only Email PDF to joe@cnpa.com Copy deadlines: Fall 2010: Aug. 20 Winter 2010: Nov. 18 Spring 2011: Feb. 20 Summer 2011: May 21

For display advertising details, please contact: Diane Donohue, (916) 288-6017; diane@cnpa.com

Winter 2010 California Publisher 13

PEOPLE Top positions Tricia Bergeron became general manager of News Media Corp.’s South County Newspapers in King City, Greenfield, Soledad and Gonzales. She had been office manager. Jason Cross continues as publisher.

Statement of Ownership, Management, and Circulation (All Periodicals Publications Except Requester Publications) 3. Filing Date

2. Publication Number

1. Publication Title

California Publisher

0 0 8 4

10-01-2010

7 2 0

5. Number of Issues Published Annually 6. Annual Subscription Price

4. Issue Frequency

Quarterly

$15.00

4

7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and Zip+4)

Contact Person

Bryan L. Clark

708 10th Street Sacramento, CA 95814-1803

Telephone

916-288-6001

8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)

California Newspaper Publishers Association 708 10th Street Sacramento, CA 95814-1803 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank) Publisher (Name and complete mailing address)

California Newspaper Publishers Association 708 10th Street Sacramento, CA 95814-1803 Editor (Name and complete mailing address)

Joe Wirt 708 10th Street Sacramento, CA 95814-1803 Managing Editor (Name and complete mailing address) 10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.)

Full Name

Complete Mailing Address

California Newspaper Publishers Association

708 10th Street Sacramento, CA 95814-1803

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities. If non, check box

  None

12. Tax Status (For completion by nonprofit organizations authorized to mail at special rates) (Check one) The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:

 Has Not Changed During Preceding 12 Months

 Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement) 14. Issue Date for Circulation Below

13. Publication Title

Fall 2010

California Publisher 15. Extent and Nature of Circulation

Average No. Copies Each Issue During Preceding 12 Months

a. Total Number of Copies (Net press run) Mailed Outside-County Paid Subscriptions Stated on (1) PS Form 3541. (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies)

b. Paid Circulation

Mailed In-County Paid Subscriptions Stated on PS (2) Form 3541. (Include paid distribution above nominal rate,

(By Mail and Outside the Mail)

advertiser’s proof copies, and exchange copies)

No. Copies of Single Issue Published Nearest to Filing Date

2,500

2,500

1,792

1,670

0

0

0

0

Paid Distribution Outside the Mails Including Sales Through

(3) Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside the USPS ®

(4)

Paid Distribution by Other Classes of MailThrough the USPS (e.g. First-Class Mail ®)

c. Total Paid Distribution (Sum of 15b(1),(2),(3) and (4))

Free or Nominal Rate Distribution (By Mail d. and Outside the Mail)

Free or Nominal Rate Outside-County

(1) Copies included on PS Form 3541

0

0

1,792

1,670

0

0

0 0

0

Free or Nominal Rate Copies Mailed at Other (3) Classes Through the USPS (e.g. First-Class Mail ®) Free or Nominal Rate Outside the Mail (4) (Carriers or other means)

0

0

Free or Nominal Rate In-County Copies Included

(2) on PS Form 3541

e. Total Free or Nominal Rate Distribution (Sum of 15d(1),(2),(3) and (4)) f. Total Distribution (Sum of 15c. and 15e.) g. Copies not Distributed (See Instructions to Publishers #4 (page #3) h. Total (Sum of 15f and 15g) i. Percent Paid (15c. divided by15f times 100)

0

0

   

1,792

1,670

708

830

2,500

2,500

100%

100%

16. Publication of Statement of Ownership

 If the publication is a general publication, publication of this statement is required. Will be printed in the Winter 2009

issue of this publication.

Bob Brown is now publisher of the Las Vegas ReviewJournal. He had been advertising director at The ReviewJournal since 2001 and succeeds Sherman Frederick, who will be a consultant and weekly columnist. Brown, who also had served as Stephens’ corporate director of advertising and marketing, previously worked in advertising for The McClatchy Co. Also, Michael Ferguson succeeded Frederick as chief executive officer of parent company Stephens Media.

Ferguson, who had been chief operating officer, is a former publisher of the Inland Valley Daily Bulletin in Ontario.

And Michael Hengel, formerly editor and publisher of the Pine Bluff (Ark.) Commercial, succeeded Editor Thomas Mitchell, who became senior opinion editor.

Rod Dowse, publisher of the Siskiyou Daily News in Yreka, added group oversight of all Gatehouse Northern California newspapers, including the Mount Shasta Herald, Weed Press, Dunsmuir News and The Gridley Herald.

Publishers Genny Axtman and Lisa Van De Hey continue in Mount Shasta and Gridley, respectively.

Anders Gyllenhaal became Washington editor and vice president of News for Sacramento-based McClatchy Co. He had been executive editor of the Miami Herald. In News, he fills a spot vacated in 2008 by Howard Weaver.

McClatchy operates newspapers in Sacramento, Modesto, Fresno, Merced, Los Banos and San Luis Obispo.

Foy McNaughton returned to the publisher’s office at the Daily Republic in Fairfield following the retirement of Bill James. McNaughton is also CEO of McNaughton Newspapers, which includes properties in Davis, Placerville and Winters.

Linda Meyer succeeded Jerry Roberts as studentmedia adviser at UC Santa Barbara. Meyer had been advertising director. Roberts, former executive editor of the Santa Barbara News-Press, had advised student media, including the Daily Nexus, since 2006.

Mark K. Winkler became president and publisher of The Desert Sun in Palm Springs. He had been executive vice president, chief sales officer and chief marketing officer at MediaNews Group in Denver. He also oversees Gannett’s West Group of the U.S. Community Publishing division, including the company’s operations in Visalia, Tulare and Salinas. Winkler succeeded Richard Ramhoff, who became marketing director at a local medical center.

 Publication not required.

Date

17. Signature and Title of Editor, Publisher, Business Manager, or Owner

Editor

10-01-2010

I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

Advertising Chuck Higgs is now advertising director at the Manteca

Bulletin. Previously, he had been ad director at the Lodi News-Sentinel.

Sara B. Weaver became sales and marketing director at The Desert Sun and affiliated companies in Palm Springs. She had been vice president of sales and business development of Mediaphormedia LLC, a software division of the World Co. in Lawrence, Kan. Weaver succeeded Dominique Shwe, who moved into a strategic role.

Newsroom John Arthur, interim editor since June at The Bakersfield Californian, was named vice president and executive editor. Arthur, a former executive editor at the Los Angeles Times, succeeded Mike Jenner.

Clodoaldo “Cheeto” Barrera became managing editor of The Daily Independent in Ridgecrest, Kern County.

He had been sports editor. Barrera succeeded Nathan Ahle, who became CEO of the Ridgecrest Chamber of Commerce.

Mary Duan joined Monterey County Weekly as its editor. Duan most recently was a reporter at the Silicon Valley/San Jose Business Journal and has 20 years experience as a freelance writer and managing editor.

Rick Elkins became editor of the Porterville Recorder.

He had been editor of the Valley Voice in Visalia and succeeded Claudia Elliott, now managing editor of the Tehachapi News. Elkins was Porterville editor 12 years ago.

Kyle Jorrey became managing editor of the Thousand Oaks Acorn. He succeeded Steve Holt, who retired. Also, Joann Groff now oversees the Simi Valley Acorn, and former reporter Scott Tittrington takes over at the Moorpark Acorn.

Connie Korbel moved from reporter to editor of the Fort Bragg Advocate-News and The Mendocino Beacon.

She succeeded Katherine Lee, who retired.

George Lurie returned as editor of the weekly Valley Voice and Tulare Voice. Lurie, editor in 2005 and 2006, succeeded Rick Elkins, who returned as editor of the Porterville Recorder.

Jonathan Partridge returned as managing editor of the Patterson Irrigator. Partridge, previously with The Irrigator from 2003 to 2008, most recently had been a reporter at The Gilroy Dispatch.

Sue Schmitt became editor and general manager of the Press-Telegram in Long Beach. She was editor of the Daily Breeze in Torrance from 2001 through 2006 and had most recently run a consulting business. Schmitt succeeded Rich Archbold, who became community liaison director and editor emeritus.

PS Form 3526, September 2007

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14 California Publisher Winter 2010

OBITUARIES Stephen Baetge, Sacramento Stephen James Baetge, editor of the weekly Senior Spectrum in Sacramento, died Oct. 26, 2010, in a vehicle accident.

He was 45 and had been with Spectrum since 2006. Previously, he co-owned and operated the American River Sentinel newspaper and was a reporter for Western Outdoor News.

Kira Brazo, Fall River Mills Kira Brazo, a founding partner of the weekly Mountain Echo in Fall River Mills, died Oct. 18, 2010, in Redding. She was 64. Brazo and Sally Jacobsen started the paper in 1977 and sold it in 1979. Brazo worked with The Echo into the mid-1980s.

Charles Hoonan, Contra Costa Charles E. “Chuck” Hoonan, a former newsprint and printing executive, died Nov. 4, 2010, after a lengthy illness. He was 82. Noonan, a resident of Rossmoor, was the founder and first manager of the Associated Buyers Co-op, a newsprint buying group founded in the 1980s by several small California newspaper and commercial printers.

William Johnson, Hayward William B. Johnson, former journalism professor and adviser to The Spectator at Chabot College in Hayward, died Oct. 30, 2010, of cancer at his home in Montera.

He was 67. Johnson was CNPA’s journalism instructor of the year, two-year division, in 1997.

Evelyne Kilen, Kerman Evelyne Kilen, who co-owned and operated the weekly Kerman News in Fresno County from 1961 until her retirement in 1995, died Oct. 22, 2010, after a long illness. She oversaw the business side of the newspaper while husband Merlin handled the editorial side. Merlin Kilen died in 2006.

Marshall Lumsden, Los Angeles Marshall Lumsden, who founded the Sunday magazine West for the Los Angeles Times in 1966, died Nov. 12, 2010, in Santa Monica. He was 88. The magazine became known for its bright prose and high level of craftsmanship, his obituary said.

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