Nearly 500 KPA members from across thestate braved the subzero temperatures inLouisville to participate in the 2003 KPAConvention and Trade Show Jan. 23-24 at theHurstborne Hotel and Conference Center.

This was the first time a convention has beenheld since the summer convention was doneaway with and the winter and summer contestswere combined into this year’s Excellence inKentucky Newspapers awards. The contest rec-ognizes outstanding efforts in writing, photog-raphy and design.

Some sessions during this year’s conventionfocused on governmental issues ranging fromdealing with political advertising laws to com-plying with Kentucky Fair Housing laws andthe Kentucky Telemarketing laws. A LegislativeLeaders panel assembled Thursday to discusswhat’s in store for this year’s session and agroup of gubernatorial candidates spoke duringa forum on Friday. KPA General Counsel JonFleischaker also discussed the recent KentuckySupreme Court decision on newspaper carriersbeing considered employees and not indepen-dent contractors for unemployment insurancepurposes.

Other sessions included how to motivateyoung staff members, improving your editorialcontent, the ABCs of NIE, improving your private partyclassified revenue, improving your newspaper design,improving your photography and what’s new in technolo-gy and the latest version of PhotoShop by Kevin Slimp.

Dr. Thomas Clark, Kentucky’s 99-year-old historian for

life, presented a special session titled “Kentucky: Wherewe’ve been and where we’re headed” in which he spokeabout the numerous phases and changes that state’s news-paper industry has endured.

At the annual KPA Business Meeting on Jan. 24, the

Volume 74, Number 2- February 2003 - Published by Kentucky Press Association/Kentucky Press Service

FebruaryNews & NotesAdvertising ExcellenceCompetition

Entry information, rules and cat-egories have been mailed to allKentucky newspapers for theAdvertising Excellence in KentuckyNewspapers - 2003. The competi-tion is for all issues publishedbetween Jan. 1, 2002, and Dec. 31,2002.

The entry deadline is Feb. 28 andthe contest will be judged inMarch by the Mississippi PressAssociation.

The categories, rules and entryinformation remains the same aslast year. The awards will be pre-sented Friday, May 16 at an awardsluncheon in Lexington.

SNPA Traveling CampusThe second Southern Newspaper

Publishers Association TravelingCampus is coming to KentuckyMay 14, 15 and 16. SNPA has cho-sen Lexington to host this year'sTraveling Campus but a specificsite has not been selected.

The Traveling Campus offersthree intense days of seminars, withtwo seminars simultaneously eachmorning and each afternoon. Topicsinclude advertising, news, circula-tion and employee relations/man-agement.

As a part of the SNPA TravelingCampus schedule, KPA has electedto hold its annual advertisingawards luncheon on Friday, May16. A site will be determined onceSNPA selects the host facility forthe Traveling Campus.

JMC high schoolworkshop at MSU

Murray State University’sDepartment of Journalism andMass Communications will host the

See NEWS on Page 4

Convention offers something for all

Visitors to the trade show booths at the 2003 convention got an entry formedinitialed by each vendor for a chance to win two free airline tickets fromAmerican Trans Air.

New officers elected, begin dutiesSharon

Tuminski,financialmanager oftheWinchesterSun, waselectedpresident oftheKentuckyPressAssociationfor 2003during theKPA Convention in Louisville.

Tuminski,who has alsochaired theKPA AdDivision,received thegavel from2002PresidentDavidEldridgeduring theChanging ofthe Guardluncheon onJanuary 24. Eldridge is publisher of the

JessamineJournal andwill serve aspast presi-dent ofKPA/KPSin 2003.

Alsoelectedwere JohnNelson,managingeditor ofThe

See CONVENTION on Page 10

Sharon Tuminski Dave Eldridge John Nelson

See OFFICERS on Page 9

Harris takes reporter roleat News-Graphic

Heather Harris joined theGeorgetown News-Graphic as areporter in late 2002. Harris was a for-mer KPA award-winning reporter forthe Sentinel-Echo newspaper inLondon.

She is a 1999 graduate of LindseyWilson College.

At the News-Graphic, Harris willcover the police department and sher-iff’s office, as well as Scott County andStamping Ground government.

Ginn joins WinchesterSun staff

Jennifer Ginn recently took over therole of city editor at The WinchesterSun.

Ginn, a native of Elizabethtown, hasbeen serving as a copy editor for thePark City Daily News in BowlingGreen for the past year. She earned herbachelor’s and master’s degrees injournalism from the University ofMississippi. She has been in journalismabout 10 years.

Ginn will be covering city govern-ment and supervising special sectionseach month as well as other responsi-bilities.

Wright joins Light staffJudy Wright became the editor of

The Metcalfe County Light inDecember.

Wright has worked in the newsmedia since 1979 when she wasemployed for several years with TheWillapa Harbor Herald in WashingtonState as a graphic artist. She was laterpromoted to Assistant Editor.

Following a move to Virginia, herhome state, she was employed by thelocal paper before working with thehearing and speech impaired commu-nity as a communications assistant

with A T & T. Wright and her husband, Michael

also published a Christian newsletter,One Voice, from their home for severalmonths.

Eddyville Herald Ledger debuts AmericanProfile magazine

American Profile, a four colornational magazine with regionalizededitorial content debuted in theEddyville Herald Ledger on Dec. 18, asan insert in the paper.

Each edition of American Profileincludes a broad range of regular fea-tures, including selections of home-town heroes, regional calendars ofevents, health trends, entertainment,important current issues and recipes.

Vrocher joins Light StaffThe Metcalfe County Light hired

Jack O. Vrocher in December as their

Page 2 - The Kentucky Press,February 2003

The Kentucky PressThe Kentucky Press (ISSN-0023-0324) ispublished monthly by the Kentucky PressAssociation/Kentucky Press Service, Inc.Periodicals Class postage is paid atFrankfort, KY. 40601. Subscription price is$8 per year. Postmaster: Send change ofaddress to The Kentucky Press, 101Consumer Lane, Frankfort, KY. 40601, (502)223-8821.

OfficersKentucky Press Association

President - Sharon Tuminski, Winchester Sun

President-Elect - John Nelson, Danville Advocate Messenger

Vice President – David Thornberry,Somerset Commonwealth Journal

Treasurer - Charlie Portmann, Franklin Favorite

Past President - Dave Eldridge, Jessamine Journal

Board of DirectorsDistrict 1 - Alice Rouse, Murray Ledger andTimes

District 2 - Jed Dillingham, DawsonSprings Progress

District 3 - Donn Wimmer, HancockClarion

District 4 - Charlie Portmann, FranklinFavorite

District 5 - Ron Filkins, Kentucky Standard

District 6 - Arthur B. Post, LouisvilleCourier-Journal

District 7 - Kelley Warnick, Gallatin CountyNews

District 8 - Ken Metz, Bath County NewsOutlook

District 9 - Mark Maynard, Ashland DailyIndependent.

District 10 - Edmund Shelby, BeattyvilleEnterprise

District 11 - Glenn Gray, ManchesterEnterprise

District 12 - David Thornberry, SomersetCommonwealth Journal

District 13 - Tom Caudill, LexingtonHerald-Leader

District 14 - Teresa Scenters, Berea Citizen

State At-LargeChris Poore, Kentucky KernelTony Maddox, Madisonville MessengerPatti Clark, Owenton News HeraldTaylor Hayes, Kentucky New Era

Division ChairmanNews Editorial Division - Jeff Moreland,Richmond Register

Advertising Division - Cheryl Magers,Central Kentucky News Journal

Circulation Division - Kriss Johnson,Lexington Herald-Leader

Associates Division - Cliff Feltham,Kentucky Utilities

General Counsels - Jon Fleischaker, KimGreene, Dinsmore & Shohl, Louisville

Kentucky Press Association StaffDavid T. Thompson, Executive DirectorBonnie Howard, ControllerTeresa Revlett, Director of SalesDavid Greer, Member Services DirectorDana Ehlschide, News Bureau DirectorDavid Spencer, New Media DirectorBuffy Sams, Bookkeeping AssistantReba Lewis, Research/MarketingCoordinatorSue Cammack, Administrative AssistantRachel McCarty, Advertising AssistantHolly Willard, INAN Business ClerkJeff Stutesman, INAN Account ExecutiveTami Hensley, Tearsheet Clerk

Staff members, Officers and Directors maybe reached by e-mail using the individual'sfirst initial, full last name@kypress.com.There is no space or punctuation in the e-mail address.

Kentucky people, papers in the news

See PEOPLE on Page 12

DeathsFormer owner, publisherof Cave CountryNewspapers died Dec. 20

Aubrey C. Wilson Sr., 82, formerowner and publisher of Cave CountryNewspapers, died Friday, Dec. 20, 2002, atBarren County Health Care Center inGlasgow.

A native of Flint Springs in OhioCounty, Wilson served in the EuropeanTheatre in an Army tank corps duringWorld War II.

Following the war, in 1947, he and hiswife moved to Cave City from OhioCounty where they became managers ofThe Cave City Progress and The HartCounty News at Munfordville. In 1955,they purchased both newspapers and in1963 purchased The Hart County Herald atHorse Cave. The papers were sold in 1968to Newspapers, Inc. in Shelbyville, and in1975 were repurchased by the Wilsons.

Wilson was also involved in other busi-nesses such as restaurants, a car wash andrental property.

Kentucky tax attorney, editor who put awayCapone’s partner dies

William Rardin Bagby, a prominent

tax attorney who sent Al Capone’s part-ner to prison, died Dec. 28 at his home inLexington.

Bagby was born in Grayson, Kentuckyin 1910 and attended Georgetown Collegefor a year before transferring to CornellUniversity in New York. He earned hislaw degree at the University of Michigan.

He returned to Grayson, where hepracticed law and edited a weekly news-paper, the Sandy Valley Enquirer. DuringWorld War II, he commanded a LibertyShip, an armed merchant vessel, as a gun-nery officer in the Navy.

After the war he worked as a tax attor-ney for the Internal Revenue Service inChicago. He sent Mike “The Greek”Potson, Capone’s partner, to prison, usingtestimony from Bud Abbott and LouCostello to seal the case.

In 1954, he opened his own practice inLexington. His clients included Col.Harland Sanders and the bootlegger“Queen Maggie” Bailey of HarlanCounty. He set up the trust for theHeadley-Whitney Museum and latermediated George Headley and BarbaraWhitney Headley’s much-publicizeddivorce.

Bagby started the first neighborhoodassociation in Lexington, in 1961, inresponse to the murder of a TransylvaniaUniversity student.

He served on the board of adjustmentfor 33 years, 18 as chairman. He was aformer president of the Board of Trusteesof the McDowell Cancer Foundation.

One of thethings that I enjoydoing the most istalking. But onFriday, Jan. 24 Idecided instead tolisten as I droveDr. Thomas Clarkhome from theKentucky PressAssociation convention in Louisville.

Dr. Clark is Kentucky’s historian-for-life and he spoke at the KPA winterconvention. His topic was “Kentucky:Where we’ve been and where we’reheaded.” Dr. Clark was born in 1903 inMississippi but chose to live inKentucky in the late 1920s. He’s beenhere since.

When I was askedto take him home,one of my friendsasked me “What willyou talk to himabout for that long inthe vehicle?” I reallyhadn’t thought aboutthat, but as the tripprogressed I found

out that it wasn’t going to be a prob-lem.

Country editors had a big responsi-bility, according to Dr. Clark, to get thenews out to their readers. He remem-bered - and quoted dates of the events -times when editors would make theirreaders mad because of a story thathad been printed. I could relate.

“I’ve known of people to get shotbecause they printed something that asubscriber didn’t like,” said Dr. Clark.

He said that “a lot of times thecountry editor had to be creative whenhe looked for a story. Since therewasn’t a lot going on in the communitya lot of times it was just about whatwas going on at the neighbor’s house.”That’s still the case in some columns.

I explained to Dr. Clark that I waspublisher of one of those communityweekly newspapers for many years.Now my focus is on ad sales alone andI have the privilege of working forevery newspaper in the state - not justone.

“There is nothing more immortalthan the printed word. No matter what

you do for a newspaper rememberthat,” said Dr. Clark.

Along the way, Dr. Clark suggestedthat I “take the scenic route” and getoff the interstate. We followedLeestown Road into Lexington. Hepointed out to me that the state’s oldestrailroad was right above our head atone point. Then he told me dates ofwhen horse farms were replaced withsome of the developments along Hwy.421. I would give anything to be ableto remember half as many dates as hedid in that brief time we were together.

Dr. Clark is a sought after speakerand it was obvious to me after our tripwhy that was the case. My only regretis that someone else wasn’t driving sothat I could have taken notes.

The Kentucky Press, February 2003 - Page 3

AdvertisingPlus

By Teresa RevlettKPS Director of Sales

What I learned on my drive back to Lexington

Answers to FAQ’s on the new dues structureAt the annual

KPA BusinessMeeting onJanuary 24, themembershipapproved the rec-ommendation ofthe KPA/KPSBoard of Directorsto change themembership dues structure for theKentucky Press Association.

Perhaps since it was founded, dueshave been based on circulation. I haveno records on how dues were struc-tured prior to 1983. But I do knowKPA has not increase dues since the1980s and with the increased costs ofdoing business and because we need adues structure that would bring inmore revenue each year, not less, weneeded a change in the way dues werebased.

The recommendation from theBoard that was approved at theBusiness Meeting was to base annualdues on three-quarters of a page(broadsheet) of advertising atlocal/open rates. Since the Fall BoardRetreat in October, we’ve suppliedinformation to publishers about theproposal and with many of you, I haddiscussions about why we’re doingthis, how much the member servicescost us — most at no additional cost —and ways we’ve tried to keep theexpenses as trim as possible.

Revised dues statements weremailed to all Kentucky newspapers onJan. 29. For those who had pre-paiddues based on circulation, the state-ments show the new dues total basedon the 94 advertising inches but also

show a credit on theamount pre-paid.

As I mention inthe Question andAnswer section,KPA takes in about$72,000 in newspa-per dues but we’realso spending about$190,000 in unfund-

ed member services that benefit news-papers. Put your newspaper in KPA’sposition. How long would it be beforeyou go without a circulation increaseor advertising rate if your income was$120,000 less than expenses?

Now think about it: One three-quarter page ad in a year. That’s whatyour dues amounts to. And what doyou get for those dues? Check out theMember Services chart on page 4 ofthis Kentucky Press.

And with the new structure beingprogressive, I don’t see the need forKPA to think about dues again for along, long while. As advertising ratesincrease, KPA dues will increaseaccordingly.

Here are the questions that wereasked during these conversations. AndI thought it would be good to share thequestions and the response with youto let you know why I requested theBoard discuss this at the Fall Retreatand develop a new dues structure.

If you still have questions about thedues structure, please give me a call.

Has KPA looked at its expensesand cut them as much as possiblebefore considering a dues increase?

KPA has cut its expenses extensive-ly over the years. First, members need

to understand the structure. We oper-ate two separate businesses:

* Kentucky Press Association isclassified as a non-profit, IRS Code501(c)(3) corporation.

* Kentucky Press Service is a for-profit company.

The Kentucky Press Association hasno employees. All employees at theKPA Central Office are employed byand paid by the Kentucky PressService. For those employees who doKPA work — the executive director,administrative assistant, MemberServices Director, KPA News BureauDirector, and portions of the work ofthose in the Business Department,KPA pays the Kentucky Press Servicea management fee to reimburse KPSfor a portion of those staff members’salaries.

Cutting staff or staff costs is not aconsideration since KPA has noemployees.

To save KPA money, and to cut thetaxable income on the Kentucky PressService side since it pays taxes on prof-its, the Management Fee reimburse-ment has been cut extensively over theyears. Until a few years ago, KPA paidKPS $32,000 a year to cover portions ofthose salaries. For the last few years,the amount has been reduced to$18,000 as a way to save KPA money.

The KPA Board did away with theDr. Tech Hotline in 2001 as a way tosave money.

Postage, office supplies, telephonecharges and similar items are expenseson both sides of the house. However,to keep the taxable income to a mini-mum on the KPS side, KPS pays 100percent of these necessary items.

Certainly, you get a lot of mailingsfrom KPA but the costs of the materi-als involved are paid by KPS.

The Kentucky JournalismFoundation owns the building thathouses the Kentucky Press Associationand Kentucky Press Service centraloffices. Both KPA and KPS pay rent tothe foundation under a triple net leaseoption. KPA pays the foundation$12,000 per year for rent while KPSpays the foundation $48,000 per year,even though much of the work done atthe Central Office involves KPA busi-ness. This was done to keep rentexpenses for KPA as low as reasonablypossible and to make the for-profitside, KPS, pay the majority of rentexpenses. KPS also pays all mainte-nance, utilities and insurance on thebuilding, in addition to the rent. KPAdoes not pay any maintenance, utilitiesor insurance.

KPA has also taken measures to cutdown substantially on the Legislativelobbying expenses. In future sessions,KPA staff members will be solelyresponsible for reading every bill thatis introduced in the House and Senateinstead of sharing that workload withDinsmore & Shohl. Reading 1500 billsin even-year sessions and 400 bills inodd-year sessions is a time-consumingprocess that will take three staff mem-bers to complete, but it’s necessary forthe staff to do that to cut down on lob-bying expenses.

Is KPA’s bottom line that bad thatit needs to increase dues?

KPA spent about $190,000 in 2002

On SecondThought

By David T.ThompsonKPA Executive Director

See Answers on Page 9

Page 4 - The Kentucky Press, February 2003

30th annual JMC High SchoolWorkshop for regional high schoolsFeb. 21.

After registration and announce-ments from 8:30 to 9:45 a.m., stu-dents and their advisers will be ableto pick from 25 programs over threesessions that end at 12:25 p.m.

At 12:30 winners of the newspa-per and advertising competitionswill be announced before the work-shop ends at 1 p.m.

Director Dr. Bob McGaughey willbe participating along with JMC fac-ulty Dr. John Dillon, Jeff Prater, JoeHedges, Dr. Roger Haney, Dr.Debbie Owens, Dr. Ann Landini, Dr.Jeanne Scafella, Orville Herndon,Robin Orvino-Prouix, Gill Welschand Dr. Allen White.

Harold McGeehee and WayneRushing of Josten’s Publishing willconduct the three sessions on pro-ducing a yearbook. David Greer ofthe Kentucky Press Association andformer editor of Elizabethtown andBardstown will conduct sessions oncovering a beat.

The programs, designed to helphigh school media staffs improvetheir products, include sports writ-ing, editorials and columns, cover-ing beats, newspaper design, adsales and design, using the web, fea-ture writing, cartooning, computersystem maintenance and design,low-budget video production, copyediting, public relations careers,legal controls of mass media, issuesfor journalism, education teachersand tours of MSU’s TV studios andthe Murray State News.

Cost of the one-day event is $4per student with accompanyingadvisers fee. The cost includes juiceand donuts during registration.

Competition rules/forms andregistration forms have been mailedto regional high schools. If a highschool has not received the mailing,it should contact McGaughey at(270) 762-6874

Deadline for registration is Feb.14, but the fee can be paid at thedoor. Last year 11 schools fromKentucky and Tennessee attendedthe workshop at the Curris Center.

2003 Benjamin FranklinAward of ExcellenceNominations Sought

The National NewspaperAssociation (NNA) and the UnitedStates Postal Service (USPS) haveannounced the competition for the2003 Benjamin Franklin Award ofExcellence.

The competition is in its fifthyear. It is designed to recognize ser-vice by USPS employees—postmas-ters, business mail clerks, letter car-riers and others—who have provid-ed excellent service and strength-ened the relationship between thePostal Service and newspapers. Awinning nominee submitted by anNNA member newspaper will beselected for each state. A nationalwinner will be chosen from amongstate winners to be flown toWashington, DC., for recognitionduring the 42nd AnnualGovernment Affairs Conference.Postmaster General Jack Potter andNNA President Jeff M. David, pub-lisher of the Livingston Parish (LA)News will present the award,accompanied by the nominatingnewspaper publisher.

Judges are members of the NNAPostal Committee, chaired by MaxHeath, vice president of LandmarkCommunity Newspapers, Inc.

Entry forms are in the mail tonewspapers. In addition, nomina-tion forms are available atwww.nna.org under Contests andAwards: Ben Franklin.

Deadline for entries is March 1,2003. Entries should be returned tothe NNA Washington Office, POBox 5737, Arlington, VA 22205.

Heath emphasized that newspa-pers should consider renominatingindividuals who may not have beenrecognized in previous years.

“Competition for the award hasbeen vigorous. There have beenworthy Postal Service employeesnominated each year that wehaven’t yet been able to recognize.We hope the nominators will con-sider putting their names forwardagain. This award is an importantone for newspapers and the PostalService,” he said. “In addition,every nominee enjoys the recogni-tion by his or her own local news-paper, simply by virtue of beingconsidered a special contributor toexcellent service.”

NEWSContinued from page 1 KPA offers members

numerous servicesADVANTAGES OF BEING

A MEMBER• we take 25 percent commission onadvertising placed at national rates,5 percent on local rates • unlimited use of the KPA Freedomof Information Hotline - and it onlycosts you the phone call to Dinsmore& Shohl • newspapers in the StatewideClassified Program are eligible for asummer intern paid for by KPA/KJF • your newspaper is eligible to par-ticipate in the KPA Legal DefenseFund, a fund that’s contributed morethan $180,000 to newspapers whohave been in legal situations wherethe outcome affects the industry as awhole • your newspaper has access to a‘free’ reporter in Frankfort throughthe KPA News Bureau, with cover-age including weekly stories on theKentucky General Assembly, all atno additional charge • your newspaper is eligible to enterthe KPA Excellence in KentuckyNewspapers competition and theKPA Advertising Contest • your newspaper is listed in theKPA Yearbook and Directory • your newspaper is eligible forhealth, life, worker’s compensation,

property, casualty and libel insur-ance

DISADVANTAGES OF NOTJOINING KPA

•without membership, we take 50percent commission on advertisingplaced•without membership, use of theKPA FOI Hotline will be denied•without membership, newspapersare not eligible for the StatewideClassified Program and not eligiblefor an intern from KPA•without membership, newspapersare not eligible to participate in theprogram and cannot receive fundingassistance•without membership, newspaperswill not be eligible to use the KPANews Bureau and will not receivethe weekly legislative stories fromKPA•without membership, you won’tget the information about the contestand will be ineligible to participate•without membership, your news-paper will not be listed in the direc-tory•without membership, your news-paper is not eligible for any insur-ance program benefit offeredthrough KPA.

Looking for anemployee?

Check outwww.kypress.comfor the latest

resumes or to post available jobs atyour newspaper.

The Kentucky Press, February 2003 - Page 5

Kentucky Supreme Court rules carriersare eligible for unemployment benefits

On Dec. 19, 2002 the KentuckySupreme Court issued its decision inthe case of Kentucky UnemploymentInsurance Commission and Division ofUnemployment Insurance v. LandmarkCommunity Newspapers of Kentucky,Inc., a case in which theUnemployment Insurance Division(the “Division”) sought to requireThe Kentucky Standard to pay intoan unemployment insurance account for its newspa-per carriers. The case was initiated when a short-term carrier named Leonard Faulkner stopped deliv-ering papers (he was substituting for a relative whohad surgery) and applied for UI benefits. At aboutthe same time, The Kentucky Standard terminatedthe contract of another carrier, Ronald Warner. Healso filed for UI benefits.

The Division sent an auditor to The KentuckyStandard to investigate the claims. Based on herinvestigation, the Division determined that Faulkner,Warner and all of the other carriers for TheKentucky Standard were not independent contrac-tors for unemployment insurance purposes. Weappealed to the Unemployment InsuranceCommission (the “Commission”), which upheld theDivision’s determination. We then appealed to theFranklin Circuit Court, which also upheld that deter-mination. We appealed to the Court of Appeals,which reversed, finding that the Commission erredin determining the newspaper carriers were employ-ees. The Commission then asked the Supreme Courtto accept discretionary review of the case. TheSupreme Court did, and on Dec. 19, 2002 reinstatedthe Commission’s decision that the carriers wereemployees.

There is no recourse beyond the KentuckySupreme Court. Therefore, The Kentucky Standardand other newspapers in Kentucky must now deter-mine the proper course of action for each of them inlight of this decision. This memorandum outlinessome of the considerations.

Basis for Decision

Unlike employees, independent contractors arenot eligible for unemployment insurance and otherbenefits. There are a number of different tests usedto determine whether one is an employee or inde-pendent contractor. For purposes of unemploymentinsurance, Kentucky has elected to use a ten-factortest called the Restatement Test.1

In some states, it is the legislature rather than thecourts which determine whether newspaper carriersare eligible for unemployment insurance or otherbenefits. (Kentucky, for example, has a statute thatexpressly makes carriers eligible for workers’ com-pensation benefits.) Other states’ courts use a three-factor test or simply determine whether the workeror the company controls the work. The use of differ-ent tests contributes to the different results we see in

some other states in newspaper carrier cases.

The most significant difference, though, has todo with the facts and circumstances which apply toeach case. The Kentucky Supreme Court specificallynoted that “each case must be decided on its ownparticular facts.” That involves an examination ofnot only the written contract between the newspaperbut also the practices of the newspaper. Does theway it deals with its carriers look more like anemployment relationship than an independent con-tractor relationship, regardless of the language in thecontract?

In this case, the Commission examined the factsregarding The Kentucky Standard and its carriersand decided that the majority of the Restatementtest’s ten factors supported an employer-employeerelationship. Although the Franklin Circuit Courtaffirmed, the Court of Appeals found that the bulkof the factors favored an independent contractorrelationship. Unfortunately, when the SupremeCourt reversed the Court of Appeals, it did so in away that did not provide any additional guidance tonewspapers as to how they can structure their work-ing relationships with carriers to ensure that they areindependent contractors rather than employees.Instead, the Supreme Court based its decision on alegal concept: the standard by which courts mustreview the decisions of administrative agencies likethe Commission. That standard says that the courtmust affirm the Commission’s findings of fact if theyare supported by substantial evidence in the record.Then the court must determine if the Commissioncorrectly applied the law to those facts. TheSupreme Court held that there was substantial evi-dence to support the Commission’s findings of factand that the Commission had correctly applied thelaw. (The Court of Appeals had held, more appro-priately we believe, that the Commission had incor-rectly applied the law to its findings of fact.)

What’s Next?

The Supreme Court’s Dec. 19, 2002 decisionapplies specifically to The Kentucky Standard. Asthe Supreme Court said, “each case must be decidedon its own particular facts;” therefore, every othernewspaper in Kentucky must now determine howthe Supreme Court decision might impact it. Afterreviewing the Supreme Court decision (particularlythe lengthy quotations from the UI Commission’sdecision regarding the ten factors), Kentucky news-papers should review the language of their carriercontracts and the procedures they use when dealingwith carriers to determine if the contract languageand their procedures are consistent with a finding ofindependent contractor relationship under the ten-factor test. It might also be helpful to review the fulldecision of the UI Commission, to see exactly whatwas its basis for finding that carriers for TheKentucky Standard were employees. A discussionof the Commission’s findings follows.

We know that there are variations among thecarrier contracts being used by various Kentuckynewspapers. There are obviously variations in thepractices and procedures of the various newspapers,as well. Whether these variations are substantialenough to support a more favorable result than TheKentucky Standard had with the UI Commissionremains to be seen.

As you review your contracts and practices inlight of the UI Commission’s discussion of the tenfactors, bear in mind that control over the details ofthe work is no longer the preeminent factor amongthe ten. Prior to the Supreme Court’s Dec. 19, 2002decision, that Court had indicated that the factor ofcontrol over the details of the work was the primaryfactor; now the Supreme Court has said that no sin-gle factor is determinative.

The Ten Factors

Here are the ten factors, each followed by com-ments about how the Commission weighed them inthe case of The Kentucky Standard:

1. The extent of control which, by theagreement, the master may exercise overthe details of the work;

The Commission found that The Standardcontrolled where the newspapers were tobe placed, when they were to be deliveredand in what condition (dry - The Standardrequired carriers to put papers in a plasticbag if rain was threatened). TheCommission also noted that subscriberscomplained to the newspaper, which con-veyed the message to the carrier and kept arecord of the complaints. The Commissionfound this factor indicated an employmentrelationship.

2. Whether or not the one employed isengaged in a distinct occupation or busi-ness;

The Commission found the carriers werenot engaged in their own business employ-ees since they did not incorporate and theydid not advertise, even though some ofthem provided delivery services for pizzarestaurants or volunteer agencies. TheCommission found that this factor indicat-ed an employment relationship.

3. The kind of occupation, with reference towhether, in the locality, the work is usuallydone under the direction of the employer orby a specialist without supervision.

The Commission did not address this fac-

See CARRIERS on Page 8

Page 6 - The Kentucky Press, February 2003

KET’s Bill Goodman was the moderatorduring the gubernatorial candidate forumheld Friday. Participating in the eventwere: Ernie Fletcher, Steve Henry,Rebecca Jackson, Steve Nunn and JodyRichards. Ben Chandler participated butleft before the question and answer peri-od.

Left: 2002 President Dave Eldridge presents Kriss Johnson, of the LexingtonHerald Leader, with the Kentucky Press Association’s Most Valuable Memberaward for her work with the literacy programs Luke in a Really Big Pickle andNoodles Makes A Boo. Also pictured is Dean Singleton who was the keynotespeaker at the changing of the guard luncheon on Friday. Above: 2002 PresidentDave Eldridge presents Marty Backus, 2001 President, with a commemorativeclock for the time he has given to the KPA Board.

2003 KPA

ConventionLouisville

The Kentucky Press, February 2003 - Page 7

Right: 2003 KPA President Sharon Tuminski and her grandson Skylar take time out after the Changing ofthe Guards luncheon to pose for a picture. Below: Greg Cordier, of the Kentucky Registry of ElectionFinance, discusses political advertising and disclaimers during Tuesday’s session.

Left: Dr. Thomas D. Clark, Kentucky’s historian for life discussesthe many changes taking place in the state during his sessiontitled, “Kentucky: Where We’ve been and where we’re headed.”Above: Tim Kelly, publisher of the Lexington Herald-Leader, pre-sents Gary Ball, editor of the Mountain Citizen, with the Lewis E.Owens Community Service Award on Friday night.

Page 8 - The Kentucky Press, January 2003

tor.

4. The skill required in the particular occu-pation;

The Commission did not address this fac-tor.

5. Whether the employer or the workmansupplies the instrumentalities, tools, andthe place of work for the person doing thework;

The Commission acknowledged that carri-ers were required to provide their owntransportation, implicitly acknowledgingthat this factor supported an independentcontractor relationship.

6. The length of time for which the personis employed;

The Commission held that, while the con-tracts specified a duration, they were gener-ally renewed repeatedly, so there was anongoing relationship. This indicated anemployment relationship.

7. The method of payment, whether by thetime or by the job;

The Commission found that, even thoughThe Kentucky Standard carriers were paid$.07 per paper rather than an hourly rate,the carriers did not invoice the newspapersfor payment. More importantly, theCommission found that the circulationmanager set the amount of the per paperfee. This indicated an employment rela-tionship.

8. Whether or not the work is a part of theregular business of the employer;

The Commission found that this factor indi-cated an employment relationship becauseThe Standard chose to use carriers to deliv-er papers, it advertised for carries as itwould for employees, and it set the payrate.

9. Whether or not the parties believe theyare creating the relation of master and ser-vant; and

The Commission said that The Standard’sintention to establish an independent con-tractor relationship was made clear by thelanguage of the contracts. The Commissionbelieved The Standard’s use of theNewspaper Association of America’s book“Newspaper Manual on UtilizingIndependent Contractors” as a guideamounted to “nothing short of an adroitscheme to create something other than anemployer-employee relationship betweenitself and its delivery/carriers.” The fact

that the carrier signed a contract that statedthat the carrier was a self-employed con-tractor was not dispositive. TheCommission also rejected the testimony oftwo carriers who said they consideredthemselves independent, since theCommission believed they had to acceptthis characterization if they wanted thiswork.

10. Whether the principal is or is not inbusiness.

The Commission found that The KentuckyStandard is in the newspaper business,therefore, this ambiguous factor indicatedan employment relationship.

The Commission was not impressed by the factthat the carriers were permitted to subcontract withhelpers of their own choosing; were required to finda substitute when they couldn’t deliver the papers;paid their own helpers and substitutes; provideddelivery services for other businesses at the sametime (in some cases); and paid their own expensesand their own taxes. Instead, the Commissionbelieved that an employment contract existeddespite the newspaper’s best efforts to structure therelationship otherwise.

Other than The Kentucky Standard (and probablyother newspapers owned and operated byLandmark Community Newspapers of Kentucky,Inc.), other Kentucky newspapers probably do notneed to begin immediately paying into unemploy-ment insurance accounts for their contractors. TheUI Commission will act if and when a carrier files forunemployment benefits. It could also initiate anaudit of a newspaper. Since each case must bedecided on its own merits, the UI Commission willneed to review the carrier contracts used by eachnewspaper as well as each newspaper’s practiceswith regard to carriers. After doing that, the UICommission will have to make an independentdetermination using the ten factor test of whetherthe carriers of that newspaper are employees orindependent contractors.2

Options for ActionIf, after reviewing its carrier contracts and its

practices, a newspaper believes an audit by the UICommission might result in a decision those carriersare employees, there are three options available tothe newspaper: (1) it could attempt to reform itscontract and practices so that the UI Commissionwould conclude the carriers are independent con-tractors under the ten factor Restatement test; (2) itcould wait for the UI Commission to approach it;and/or (3) it could join with other Kentucky news-papers to lobby for legislation exempting newspapercarriers from unemployment insurance eligibility.

If a newspaper wishes to reform its contracts,some of the helpful changes would include: (1) thecontract with each carrier should be personalized asmuch as possible. It could state that the carrier isotherwise employed by XYZ company and/or thathe provides delivery services for companies 1, 2 and3 in addition to the newspaper. (2) The newspapercould refuse to contract with any carrier who is notincorporated himself or employed by an incorporat-ed delivery business. (3) A fee which is truly negoti-

ated between the parties is preferable to the newspa-per dictating the per piece rate. (4) A true purchasefor resale arrangement involves less control by thenewspaper over how the carriers do their work,leaving it to the carrier to satisfy the customer inorder to sell the papers.

Of course, if the contract can be reformed to meetthe Commission’s concerns, the newspaper musttake care that its actions in dealing with carriers areconsistent with the language of the contract. Forexample, when the contract says the carrier has theright to engage in any other business activities he orshe desires to pursue, the newspaper must not dis-courage the exercise of that right in any way.

[The suggestions in the preceding paragraph areillustrative only. They are not intended as a check-list which, if followed, will guarantee an indepen-dent contractor determination by the Commission.]

Legislative Effort

In addition to working to conform contracts andpractices, members of the Kentucky PressAssociation should consider the feasibility of legisla-tive action to exempt newspaper carriers from eligi-bility for UI benefits. One possibility would involvea modification of KRS 341.055(11). That statute cur-rently provides that “service[s] performed by aworker under the age of eighteen (18) in the deliveryor distribution of newspapers” are not coveredemployment for unemployment insurance purposes.The General Assembly could strike the phrase“under the age of eighteen (18)” and that sectionwould then exempt any worker who delivers or dis-tributes newspapers.

The legislative effort, if successful, would providethe surest and most complete protection for newspa-pers. We certainly understand, however, that seek-ing to legislatively exclude carriers from unemploy-ment insurance benefit eligibility would not be apopular position from a public relations standpoint.The fact that the General Assembly has alreadyenacted the statute providing workers’ compensa-tion coverage for carriers might also persuade somelegislators to oppose this amendment, as well.

1 Being an employee for unemployment insurancepurposes does not make one an employee for allpurposes. For example, the Internal RevenueCode specifically exempts newspaper carriers forpurposes of federal income taxes and federal wageand hour and anti-discrimination laws use a testother than the Restatement test to determinewhether a worker is an employee or contractor forpurposes of those laws. However, the Kentuckycourts have used the Restatement test to deter-mine a worker’s status in cases where the workercaused injury or damage to a third party and thethird party wants to hold the principal/employerlegally responsible.

2 The newspaper would have to convince theCommission that a majority of the ten factors indi-cate an independent contractor relationship.There is virtually nothing any newspaper can doto influence the determination of factors four (theskill level of the work to be done), eight (whetherdelivery is part of a newspaper’s regular business)or ten (whether the newspaper is in business).That leaves seven factors to work with.

CARRIERSContinued from page 5

Advocate-Messenger, Danville, aspresident-elect; David Thornberry,publisher of the Somerset

Commonwealth-Journal, vice presi-dent; and Charlie Portmann, editor ofthe Franklin Favorite, treasurer.

New State At-Large Board mem-bers also took office during the con-vention.

They were Patti Clark, general

manager, Owenton News Herald;Tony Maddox, publisher, TheMadisonville Messenger; and, TaylorHayes, publisher, The Kentucky NewEra in Hopkinsville.

Keith Ponder, publisher of theGlasgow Daily Times, was recognized

for his two years as a State At-Largedirector.

Marty Backus, publisher of theAppalachian News Express inPikeville, was given a clock for histime as a Board member and 2001President of KPA.

The Kentucky Press,February 2003 - Page 9

on member services while the duesincome from newspapers for 2002 wasabout $72,000.

Since Legislative Expenses are paidfrom the KPA General Fund, thoseexpenses are factored in after the actu-al Income and Expenses for each cur-rent year.

Can the dues increase be based onan equal percentage so that theincrease is the same for all newspa-pers?

The last dues increase was based ona percent increase and based on circu-lation. There is no way to factor in apercentage increase based on advertis-ing since the structure is completelydifferent from the present dues struc-ture.

Couldn’t the present dues struc-ture be increased by a percent so thatthe increase is equal on all newspa-pers?

It could be but KPA would finditself in the same situation in a shortperiod of time. Of the newspaperswho are in business today that werealso in business in 1983, 62 of them arepaying less dues today than 20 yearsago. That’s because their circulationhas decreased.

Keeping a circulation-based struc-ture could eventually mean less duespaid to KPA as we’ve realized in thepast 20 years.

Were there no other options con-sidered by the Board?

A variety of options were present-ed to the Board based on circulation,on advertising and a combined circu-lation/advertising structure. TheBoard was also given various ad sizesto consider.

However, any structure based oncirculation would put us in the samesituation a few years from now, wheredues would have to be increased. TheBoard felt it needed a structure thatwould increase dues slightly each yearas an advertising structure would.

Will a dues increase cover KPA’scosts?

No. The proposed dues increasecould bring in $125,000 per year if allnewspapers renew their membership.But we still have $190,000 in unfundedMember Services. The $125,000 indues gets us more in line, but does notcover the expenses.

So how does KPA plan to coverthe additional costs?

At the Fall Board Retreat, the Boardwas presented a proposal from theKids Voting Kentucky organization.That organization was wanting toestablish a “management contract”basis with an existing organizationand selected KPA for the proposal.The Board voted to accept the KidsVoting Kentucky proposal and willpay KPA $25,000 to operate that pro-gram under a “management contract.”

With income from the convention,seminars and contests, KPA gets clos-er to offsetting the expenses it realizes.

As mentioned earlier, we’re alsotaking measures to substantiallyreduce the cost of the Legislativeexpenses.

What do I lose if I decide not tostay a member of KPA?

One thing you don’t lose is the lob-bying effort of KPA because we lobbyon behalf of the industry as a whole.

However, you lose access to:• the KPA Freedom of Information

Hotline, since that is available formembers only;

• the KPA Legal Defense Fundwhich has reimbursed newspapersmore than $177,000 in the past six

years for legal expenses;•the summer internship program

since only those newspapers who par-ticipate in the Statewide Classified areeligible and you have to be a memberto participate in that program.

Newspapers participating in theKPA-sponsored health, life and dis-ability insurance program, or thelibel/property/casualty insuranceprogram, would not be eligible to con-tinue those benefits if they choose notto join KPA.

Additionally, the commission KPStakes on advertising would double to50 percent on national rates; yournewspaper would pay double the reg-istration fees for any convention orseminar; you would not be able toparticipate in either contest; yournewspaper would not be listed in theKPA Yearbook and Directory, mean-ing agencies and advertisers acrossthe state would not see your newspa-per’s information listed in the directo-ry;

The dues income paid by newspa-pers has increased in the past 20 yearsyet KPA is changing its structure say-ing it needs more dues?

You are correct. We do have moredues income today than in 1983.

However, consider that 29 newspa-pers were non-members of KPA in1983. Today, all newspapers are mem-bers of KPA so we’ve been able tobring those 29 newspapers into mem-bership, resulting in more duesincome.

Additionally, today we have morethan 20 newspapers as AssociateMember Newspapers. This member-ship division was created in the late1980s and those newspapers pay duesbased on the same dues structure asfull members.

So by bringing 29 non-membernewspapers into membership and cre-ating the new membership division afew years ago, we do have more duesincome today than 20 years ago.

Why doesn’t KPA charge newspa-pers to use the services instead ofincreasing dues? For instance, chargeus for each time our newspaper callsthe Freedom of Information Hotline.

Some states do charge for this kindof service and you’re correct, we couldcharge newspapers for some of the ser-vices. But we can’t charge newspapersfor legislative lobbying and expectmany to pay their fair share.

In the early 1980s, KPA did assessnewspapers for its LegislativeExpenses. But it got to the point that in1984, only 17 newspapers paid theassessment and that only covered$7000. While every newspaper poten-tially benefited from the legislativelobbying, few would pay their share.

Is there a specified time by when Ihave to pay my KPA dues? Will thedues increase be phased in or effec-tive immediately?

KPA Bylaws stipulate that duesmust be paid by April 1 of each year. Itis KPA’s prerogative to suspend mem-bership benefits to newspapers whohave not paid by April 1 of each year.

However, we want to be as accom-modating as possible with this situa-tion. We are proposing a method thatwill allow newspapers to have theirdues deducted from advertisingchecks issued by KPS.

This will make it much easier onnewspapers to pay their dues becausethey won’t have to write a check orcharge the dues to a credit card. Bydeducting the dues from advertising,the increase actually will be gradual.

We have done a deduction basis forother programs and we can do thedues deduction in this manner. Theonly requirement will be to suspendthe Bylaw requiring dues be paid byApril 1 so newspapers that have notcompleted their membership duesrequirement will be able to retain fullbenefits.

ANSWERSContinued from page 3

OFFICERSContinued from page 1

David Thornberry Charlie Portmann Patti Clark Tony Maddox Taylor Hayes

Page 10 - The Kentucky Press, February 2003

AG OpinionsMark R. Chellgren/Justice Cabinet

The attorney general’s staff foundthat the Justice Cabinet failed to satis-fy its statutory burden of proof rela-tive to the exception it cited whendenying Associated Press reporterMark R. Chellgren’s request to inspect“records compiled from an audit,investigation, compilation or otherexamination of the computer harddrive, web browser and other materi-als on the personal computer (PC)assigned to Ralph E. Kelly, formercommissioner of juvenile justice.”

The Justice Cabinet deniedChellgren’s request explaining thatKelly had filed an appeal with theKentucky Personnel Board and thatthe case was now in the administra-tive process. His request was deniedpursuant to KRS 61.878(1)(h). TheCabinet characterized the requestedrecord as “records of … agenciesinvolved in administrative adjudica-tion that were compiled in the processof detecting and investigating statuto-ry or regulatory violations if the dis-closure of the information wouldharm the agency … by prematurerelease of information to be used in aprospective … administrative adjudi-cation.”

Chellgren initiated an appeal withthe AG’s office arguing that KRS61.878(1)(h) has no application to therecords withheld. He maintained thatthe Cabinet failed to demonstrate thatthe disputed records(s) were compiledin the process of detecting and investi-gating statutory violations, and thatpremature disclosure of the record(s)would harm the Cabinet. After receiv-ing the appeal, the Attorney General

requested the Cabinet provide themwith copies of all records that wereresponsive to the request as well aswith additional information to sub-stantiate its position. It also asked theCabinet to describe how it would beharmed by premature release of therecord.

In response to the series of ques-tions raised by the AG’s office, theCabinet advised: “We believe thatreleasing any private information,documents, or files pertaining to thisadjudication would negatively impactupon the Justice Cabinet’s ability tostrategize in the case, upon its confi-dentiality interests in attorney-clientprivilege and work-product doctrineand upon its ability to later decideultimately whether continued litiga-tion or a settlement would best repre-sent the Commonwealth’s interest inthe matter.

It is the opinion of the AG’s officethat because the Justice Cabinet failedto meet its statutory burden of proofwith respect to two of the three crite-ria in KRS 61.878, they cannot affirmits denial.

The Cabinet did not describe anyharm to the agency if inspection wereallowed. The AG’s staff wrote:“Because the report was not ‘actively,specifically, intentionally, and directlycompiled as an integral part of a spe-cific detection or investigationprocess,’ and because the professedharm that would flow from the pre-mature disclosure consists of littlemore than a bare claim, we find thatthe Justice Cabinet failed to meet itsstatutory burden of proof in sustain-ing its denial of Mr. Chellgren’srequest on the basis of KRS61.878(1)(h).”

membership approved the recom-mendation of the KPA/KPS Board ofDirectors to change the membershipdues structure for the Kentucky PressAssociation. KPA bylaws stipulatethat the Board establish the duesstructure, but it had to be voted onby the full membership before itcould take effect.

The recommendation from theBoard that was approved was to baseannual dues on three-quarters of apage (broadsheet) of advertising atlocal/open rates. The prior duesstructure was based on circulation.

Sharon Tuminski, of TheWinchester Sun, took the president’sgavel from 2002 President DaveEldridge during the Changing of theGuard Lunch on Friday.

Dean Singleton was the keynotespeaker during Friday’s luncheon.Singleton, 50, is vice-chairman andCEO of MediaNews Group, publish-er of 50 daily newspapers and 94non-daily publications in 13 states.He began his newspaper career at theage of 15 as a part-time reporter athis hometown paper and bought hisfirst newspaper at age 21.

Singleton spoke of the changes inthe newspaper industry and whatnewspapers must do to keep up withthe times.

“We are the number one choice ofnews,” Singleton said. “We don’t justreport the community; we are thecommunity.”

He said newspapers are in the bestposition over any other form ofmedia to be the cornerstone of thecommunity and that decline in news-paper readership isn’t inevitable.

Kriss Johnson, KPA circulationdivision chair and Newspapers inEducation chair, was presented the

Russ Metz Memorial Most ValuableMember award. She was honored forher work with KPA’s KNNIE literacyprojects “Noodles Makes a Boo Boo”and “Luke in a Really Big Pickle.”This award is presented annually bythe KPA president to an individualwho has performed the most out-standing service to the KentuckyPress Association/ Kentucky PressService.

Also honored during the conven-tion was Gary Ball, editor of theMountain Citizen. Tim Kelly, pub-lisher of the Lexington Herald-Leader, presented Ball with theLewis E. Owens Community ServiceAward. The award is presentedannually by the Herald-Leader to aKentucky newspaper person per-forming the most outstanding com-munity service. Kelly noted Ball’sdedication to his community whenthrough his newspaper articles, Balltried to clean up the quality of drink-ing water in the community. He alsonoted Ball and the newspaper’sstruggle with former water boardchair, John Triplett, who claimedrights to the name Mountain Citizenafter the newspaper’s staff failed tofile an annual report renewing itsname.

Throughout the two day event,exhibitors across the country set upbooths to display their wares andshowcase their services. Winners ofvendors door prizes were: JohnNelson of the Danville AdvocateMessenger and Sherry Taylor of theLexington Herald-Leader who bothwon shirts from Cinergy and PaulaMarkham of the Union CountyAdvocate who won a bottle ofMaker’s Mark from Preston Osborne.Rochelle Stidham from the RichmondRegister was the winner of the ATAairline tickets. Visitors voted MetroCreative Graphics as the BestExhibitor.

CONVENTIONContinued from page 1

Do you have legal questions about a story or ad?

Call the KPA Legal Hotline!Hotline Attorneys: Jon Fleischaker (502) 540-2319,

Kimberly K. Greene (502) 540-2350,R. Kenyon Meyer (502) 540-2325 or Cheryl R. Winn (502) 540-2334

The Kentucky Press, February 2003 - Page 11

Supreme Court denies contempt citation requestagainst Courier-Journal

In a ruling Dec. 19, the KentuckySupreme Court denied the RomanCatholic Diocese of Lexington’srequest to have the Courier-Journalheld in contempt.

The state’s high court ruled that anewspaper that publishes materialsealed by a court cannot be cited forcontempt if the source of informationwas not the sealed record itself.

An article published on Aug. 24,2002 contained a summary of thecontents of records that were orderedsealed by the supreme court. A por-tion of the records claimed that theDiocese knew of alleged abuse bypriests and did little if nothing to pre-vent it.

In an opinion signed by ChiefJustice Joseph Lambert, Lambert saidthe order sealing the materials didnot preclude any publication of thematerial. If it had, it would have beenan instance of prior restraint, whichwould have raised First Amendmentissues about censorship.

“An order sealing a record or partthereof should not be read as creatinga prior restraint on publication of thecontents of the sealed material, unless

the order expressly says so,” theopinion stated.

The order prohibited the newspa-per only from publishing materialthat had been obtained directly fromthe court documents, the opinionread.

In Lambert’s opinion he said thatthere was no need for a show causehearing because the Diocese does notallege in its motion that the Courier-Journal article was based on materialobtained through court process orfrom court files.

Also, during oral argument in thecase, counsel for the Courier-Journalstate that neither counsel nor thenewspaper had seen or had receivedcopies of the sealed material. Counselfor the Diocese conceded.

Justices Donald Wintersheimerand William Graves dissents. Thewritten dissent stated that there wasa “terminal flaw in the majority opin-ion’s analysis in its reliance upon anunsubstantiated assumption that thetrial court’s failure to seal the strickenportions of the First AmendedComplaint could endanger theDiocese’s right to a fair trial.”

Steffens named new NNA executive director The National Newspaper Association’s

board of directors have tapped veterannewspaper manager Brian Steffens, 53, asthe next executive director for the associa-tion. The board met Jan. 8 in Columbia.

An experienced manager in the news-paper and magazine industries, with anoutstanding record of service to mediaorganizations and associations, Steffenshad been interim director for the associa-tion during its transition to its new head-quarters at the University of Missouri.

“‘Community newspapers are an excit-ing place to be. They’re one part of theindustry that’s growing. NNA continuesmore than 100 years of tradition of helpingcommunity newspapers grow vibrant com-munities. Being here in Missouri, we1recloser to many of our members, and that1sa big advantage,” said Steffens.

He has served as senior vice presidentand editor of the Editor & PublisherCompany, and as editor of Quill and advi-sor to the leadership at the Society ofProfessional Journalists. Steffens has con-

ducted programs, events, new productdevelopment, or publications for NewDirections for News, Poynter Institute forMedia Studies, the American PressInstitute, Society of News Design,National Press Photographers Association.In 1994, he was named to the JournalismHall of Fame at Bowling Green (OH) StateUniversity, his alma mater, citing his workto spotlight journalism ethics.

Most recently, he was a consultant tothe media industry, with clients thatincluded Lee and Belo, Steffens has beenvery active in new media, working withthe Advanced Interactive Media Group,online help wanteds and interactive newsand marketing.

Steffens has 20 years of newspaperleadership experience, including editingposts at the Los Angeles Times, MiamiHerald and Detroit News. He started hiscareer at the Ypsilanti Press, a modestdaily then owned by Panax Corp. and laterpurchased by Harte Hanks.

He and his family recently moved to

Columbia from the San Francisco area,where their oldest child remains, attendingcollege. His wife, Marty, was appointedthe Society of Business Editors andWriters (SABEW) chair in business andfinancial journalism at the University ofMissouri last year.

NNA President Jeff David, publisher ofthe Livingston Parish News in DenhamSprings, LA, expressed his confidence inSteffens’ ability to lead the association.

“NNA was very fortunate to find a per-son with Brian’s varied experience in jour-nalism who had relocated to Columbia justbefore we moved our headquarters there,”said David. “He’s done a terrific job man-aging our move over the last 12 months asInterim Executive Director, and we lookforward to a long and prosperous relation-ship with him.”

In another decision, David appointedJames Sterling, the School of Journalism’sCommunity Newspaper ManagementChair, to NNA’s Board of Directors tohead up new efforts in continuing educa-

tion for NNA members. The training willfocus on management techniques and busi-ness development.

Sterling is a former publisher of papersin southwest Missouri and a former news-paper broker.

The University of Missouri houses theworld’s first School of Journalism, found-ed in 1908 by Walter Williams. Williamshad started as a writer for the BoonvilleAdvertiser and in 1889 was the youngestpresident of the Missouri PressAssociation at age 25. From the beginning,the emphasis at Missouri has been on prac-tical experience.

“We think Brian’s experience in bothjournalism and journalism organizationsmakes him the perfect leader for this excit-ing NNA-Missouri venture,” said R. DeanMills, dean of the School of Journalism.

Established in 1885, the NationalNewspaper Association is the voice ofAmerica’s community newspapers and thelargest newspaper association in the coun-try.

What’s happening at yournewspaper?

We’d love to hear about it.Are you doing anythingfun, exciting or different

at your newspaper?

Have you recently addedto your staff?

Has someone retired?

Have you won an award?

Let us know so we cantell others about it!

E-mail your stories to Dana Ehlschide, KPA NewsBureau Director, at dehlschide@kypress.com by the

20th of each month.

new advertising sales manager.Vrocher previously has been in

advertising sales, including three yearsas the advertising director of theTipton Tribune daily newspaper.

Three women retire from aJewish Newspaper

After 36 years of service, TheKentucky Jewish Post & Opinion’sLouisville staff of Martha Fields,Lucille Maupin and Velma Cohen willretire together.

The three women joined the Post &Opinion staff around 1966 when itsLouisville office had a staff of about15. Since that time the other staff mem-bers have left, but the three womenstuck around.

The Post & Opinion is published inIndianapolis, where most of its pagesare produced.

Louisville Native Gabriel Cohen isthe publisher of the paper which alsopublishes an Indianapolis paper.

Gabriel Cohen founded the paper inthe late 1930s in downtown Louisvillebut moved to Indianapolis after the1937 flood. For many years it wasLouisville’s only Jewish newspaper.

The Post & Opinion currently runsits Kentucky news on two pages,mainly running obituaries, weddings

and other social announcements.

Bowling Green DailyNews reaches two safetymilestones

The Daily News in Bowling Green,passed two safety milestones on Dec.31 and lowered its worker's compensa-tion insurance premiums by more than$12,000.

The first milestone was operatingfor 18 months without an accident dueto lifting, twisting, strain, or lacerationin the press and packaging areas of thenewspaper. The second milestone wasoperating for six months without anyOSHA reportable accidents company-wide.

The Daily News covers 129 employ-ees and 145 carriers with worker'scompensation insurance as requiredby Kentucky statute. The savings inworker's compensation premiums aredirectly related to the company'simproved safety record.

Mark Van Patten, general managerof the Daily News, credits the safetyrecord to three things: building a newpackaging building, raising safetyawareness through inspections andtraining, and luck.

The newspaper formed a safetycommittee in January 2001 in responseto rapidly rising worker's compensa-tion costs and launched a new incen-tive program designed to reduce the

number of accidents at the company.The Daily News offered press andpackaging employees - the employeesat highest risk - cash incentives forsafety and publicized the programwith inserts in paychecks andannouncements on bulletin boards.Each department posted a six-monthcalendar on the wall and showed howmuch the department could earn forgoing one more day without an acci-dent.

To celebrate the achievement, allemployees were treated to a freelunch, and press and packagingemployees will receive their cashawards.

Kentucky History Centeroffers Haynie’s art for sale

The work of Hugh Haynie, long-time cartoonist at The Courier-Journalis Louisville, is on display at theKentucky History Center in Frankfort.

The Center’s store is offering thechance to take some of his work home.As many as 10 different styles of thecartoons in postcard format at 50 centseach are on sale as well as prints for$16.95 and posters for $10. These itemswill remain on sale at the museumstore until March 30.

The exhibit, titled “A Matter ofOpinion, Hugh Haynie Cartoons,” canbe seen Tuesdays through Saturdaysfrom 10 a.m. to 5 p.m., and Sundays 1to 5 p.m.

Former prep playerinjured in fight sues News Express

A former high school basketballplayer who was severely beaten dur-ing a fight with students from a rivalschool filed suit against a newspaperthat reported on the case.

In his lawsuit Jarrod Adkinsclaimed the Appalachian News-Express in Pikeville invaded his priva-cy by reporting that he pleaded guiltyto disorderly conduct for his role in thefight. He also claimed the newspaperstory cast him in a false light.

Adkins, who is now 18, was hospi-talized for several days with head andhand injuries received in the fight. Hewas a senior at Millard High School atthe time and the leading scorer on thebasketball team. Others were hurt inthe fight which involved as many as 20students.

Although juvenile court proceed-ings are confidential in Kentucky, thenewspaper cited an unnamed courtofficial as the source of the informationfor the story which appear in its June23 editions.

The suit was dismissed Jan. 23 on amotion to dismiss filed by attorney JonFleischaker who is representing theNews-Express.

Page 12 - The Kentucky Press, February 2003

PEOPLEContinued from page 2

WKPA spring convention slated for March 28The West Kentucky Press

Association will hold its spring con-vention March 28, 2003 at theRamada Inn near Kentucky DamVillage in Gilbertsville.

Registration for the event will beheld from 9 a.m. to 9:15. Registrationis taken the day of the conventionand is $20 per person, which includesa buffet lunch and coffee/donutsduring the breaks.

The first session, titled “Finding,Training and Retaining SportsWriters,” gets underway at 9:15.President Vyron Mitchell, of theCadiz Record, and Dr. BobMcGaughey, WKPA executive direc-tor, will lead this membership paneldiscussion.

Following at 15 minute break at10:15, Cheryl Lawson and DonnaRains will speak at the session titled

“Covering Public Education andWorking with Schools’ PublicRelations Directors.”

Lawson is the public relationsdirector for the McCracken CountyPublic Schools. Prior to this position,she served in administrative andteaching positions with theLivingston County Public Schools.She is a graduate of Murray StateUniversity with a B.S. in journalismand a M.S. in secondary education.She is past president and member ofthe board of directors for theKentucky School Public RelationsAssociation (KYSPRA). She is a mem-ber of the KET Friends Board (repre-senting Livingston, Caldwell,Crittenden and Lyon Counties) andan executive board member for theKentucky Association of SchoolAdministrators (KASA).

Rains is the public informationcoordinator for the Paducah PublicSchools. A graduate of the Universityof Kentucky journalism school, shetook the position in 1992. Prior to thatshe was the education/medicalreporter, assistant city editor and fea-tures editor for The Paducah Sun. Sheis a member of the Paducah AreaChamber of Commerce board ofdirectors, Leadership Paducah 2002-2003 and the United Way communityinvestment panel, 2002-2003. She ispast president and member of theboard of directors for the KentuckySchool Public Relations Association.(KYSPRA).

After lunch Kenyon Meyer willpresent, “Legal Challenges forNewspapers in 2003.”

Meyer is an associate with the law

firm Dinsmore & Shohl in Louisville.He received his B.A. from theUniversity of Notre Dame and jurisdoctorate from the Brandeis School ofLaw at the University of Louisville.He is a member of the American BarAssociation, the Kentucky BarAssociation and the Louisville BarAssociation (Young Lawyers section,labor and employment section andlitigation section). Among his areas oflegal practice are labor and employ-ment law, First Amendment/medialaw, employment litigation and com-mercial litigation.

A short business meeting willimmediately precede Meyer’s discus-sion.

Call Mitchell at (270) 522-6605 orMcGaughey at (270) 762-6874 withquestions or comments.