New bylaws

Members, as you know, we’ve been in the process of tweaking our bylaws over the past year (or two, or three). The latest revisions have now been approved. The biggest change involves the creation of a non-voting affiliate member category. We will put the changes into practice at the beginning of 2010.

Click here to read the updated bylaws.

Go West for excellent budget training from Pew, Capitolbeat

Attached are some details of the forthcoming Capitolbeat/Pew Center on the States Fiscal Forum, scheduled Nov. 6-7 at the Ritz Carlton in Lake Las Vegas (this is outside the Strip). I apologize if some of you already have details; I submitted some names in advance to Tiffany Shackelford, executive director of Capitolbeat (Association of Capitol Reporters and Editors).

Please pass this on to others; I will be sending this same information to reporters and associations in several states to ensure a good representation.

Here’s the deal:

WHO: Capitolbeat/Pew Center on the States

WHAT: Fiscal Forum (program below)

WHEN: Friday, Nov. 6 (evening only); Saturday, Nov. 7 (all day, adjourning at 5:30 p.m.)

WHERE: Ritz Carlton, Lake Las Vegas, Henderson, Nev.

WHY: To inform reporters about state budgeting, related issues, and the federal stimulus

CONTACT: Tiffany Shackelford at tiffany.shackelford@gmail.com

We are offering:

-Hotel room (one night only) to 40 people.

-Travel cost up to $250 per person. This is also limited to about 50.

You should make these arrangements through Tiffany at the address above.

TENTATIVE PROGRAM (speakers still in progress):

FRIDAY: 5:30-7:30 p.m. Reception.

SATURDAY:

8-9 a.m. Welcome; Las Vegas Mayor Oscar Goodman tentatively scheduled to talk about relationship of cities and states.

9-10 a.m. State budget and finances: Trends and challenges 10:15-11:30 a.m. States and the federal stimulus 11:30 a.m.-12:45 p.m. Lunch: Mark McMullen, Moody’s Economy.com, will speak about the national economic outlook and the West.

12:45-1:45 p.m. Beyond California: Reporters talk about budget coverage in their states.

2-3 p.m. Breakout sessions on pensions, corrections (choose one)

3-4 p.m. Using data

4:30-5:30 p.m. (lounge session) The best fiscal stories you’re not covering.

(program ends at 5:30 p.m.)

Capitolbeat and the Pew Center on the States are putting on another Fiscal Forum, this time out West. It’s a great opportunity to get specific tips and ideas for how to cover your state’s budget crunch and the role the federal economic stimulus package plays in it.

It’s scheduled Nov. 6-7 at the Ritz Carlton in Lake Las Vegas (outside the Strip, but close enough to smell the chips).

And this one is too good to pass up. We are offering:

-Hotel rooms (one night only) to 40 participants.

-Up to $250 per person to offset travel costs for about 50 participants.

Here’s a look at the tentative schedule:

FRIDAY:

5:30-7:30 p.m. Reception.

SATURDAY:

8-9 a.m. Welcome; Las Vegas Mayor Oscar Goodman tentatively scheduled to talk about relationship of cities and states.

9-10 a.m. State budget and finances: Trends and challenges

10:15-11:30 a.m. States and the federal stimulus

11:30 a.m.-12:45 p.m. Lunch: Mark McMullen, Moody’s Economy.com, will speak about the national economic outlook and the West.

12:45-1:45 p.m. Beyond California: Reporters talk about budget coverage in their states.

2-3 p.m. Breakout sessions on pensions, corrections (choose one)

3-4 p.m. Using data

4:30-5:30 p.m. (lounge session) The best fiscal stories you’re not covering.

If you’re interested in attending, e-mail Capitolbeat’s executive director, Tiffany Shackelford

Capitolbeat talking stimulus in D.C.

Capitolbeat – in conjunction with the Pew Center on the States – is hosting our economy, budget and stimulus mini-conference in Washington, D.C. today. The first speaker of the day was Ed DeSeve, a special adviser to the president on the stimulus.

You can listen to his presentation by clicking on this link.

And if you’re missing today’s forum, we’re going to do another one in Las Vegas later this fall. And you can follow the action from today’s conference on Twitter using the #capitolbeat hash tag.

Sign up for FREE journalism seminar

Don’t forget to sign up now for “A State Economic and Fiscal Issues Forum,” Sept. 24-25 in Washington, D.C.

There’s no fee to attend, and $250 travel stipends are available to fund your trip. Interested? E-mail Tiffany Shackelford at tiffany.shackelford@gmail.com.

Here’s a sampling of the sessions that organizers have lined up:

* The Stimulus at Six Months: What Has It Meant for the States?

* State Budget and Finance: Trends and Challenges

* The Best State Fiscal Stories You’re Not Covering

* Bills Coming Due: State Pension and Health Care Costs

This forum is co-sponsored by the Pew Center on the States and Capitolbeat.
More details here: CapBeatAgenda

Capitolbeat Joins Fight to Save Open Meetings Laws

Capitolbeat has joined another amicus brief in a case that will directly impact members in Texas, Louisiana and Mississippi and has the potential to change the status of Open Meetings laws around the country. The case, Rangra v. Brown, calls into question the underpinnings of every state open meetings law (as well as the federal Sunshine in Government Act and similar local laws).

The entire matter started with the criminal indictment of two local officials, city council members in Alpine, Texas. They were charged with knowingly discussing and acting on city business matters regarding a city contract outside of public view. More specifically, these council members, representing a quorum able to legally bind the city, discussed the contract via Email rather than in a public meeting. The criminal charges were eventually dropped, though the two officials suited in federal District Court to have the Texas Open Meetings Act declared unconstitutional because it violates their right to speak freely to other city council officials. The United States District Court dismissed their lawsuit, holding that the First Amendment does not protect the right to speak freely within the course of one’s job as a city official in this way.

A three judge panel of the United States Court of Appeals for the Fifth Circuit reversed, holding that law is an unconstitutional, content-based, restriction on the free speech rights of individuals – in this case, public officials. Our brief is being filed as the entire United States Court of Appeals for the Fifth Circuit prepares hear the case “en banc”.

Capitolbeat joined several media organizations and companies, including the ABC, American Society of News Editors, Associated Press, Association of Alternative Newsweeklies, Bloomberg, Hearst, Media News Group, National Press Club, Newspaper Association of America, New York Times, Newsweek, Radio Television News Directors Association, Reuters, Scripps, Society of Professional Journalists, Stephens Media, Student Press Law Center, Texas Association of Broadcasters, Texas Daily Newspaper Association, Texas Press Association, Tribune Company, Washington Post Co. on a brief drafted and filed by the Reporters Committee for Freedom of the Press.

The Reporters Committee have issued a press release regarding the brief, but here’s a short summary from your legal counsel:

1. The United States Court of Appeals focused too much on the pure constitutional arguments involved, without considering how this would affect the practical aspects of access to government information around the country. By way of contrast, the District Court dove directly into the overall purpose of Open Meetings laws, which exist primarily to enhance public scrutiny of government officials. It noted a recent decision from the Kansas Supreme Court in a similar case for the proposition that the First Amendment protects mainly private citizens; it would, ironically, be those very same citizens who would feel the brunt of this law being declared unconstitutional, as they would lose the key ability to oversee government action. The brief reminds the Court of Appeals that this is not just the case in Texas, but in every other state and in the federal government, all of which have similar Open Meetings or “Sunshine” laws.

2. A purely legal review of the law also mandates that it be upheld. The United States Court of Appeals applied the “strict scrutiny” standard of review given to the most stringent restrictions on speech. However, application of the strict scrutiny standard is not proper when the case is brought by a government official. In fact, an Open Meetings Act is not a classic “restriction” on speech in any sense of the word. It doesn’t prevent public officials from speaking, it simply regulates the “time, place or manner of that person’s speech.” A public official acting on behalf of a government entity can still say whatever he or she wants, all that is required is that the person speak publicly, not behind closed doors.

3. Finally, the brief makes the important policy arguments for saving the Texas Open Meetings Act. The public has a First Amendment interest of its own in this speech: the right to receive information. This right outweighs the more limited right to free speech held by a public official.

We’re proud that Capitolbeat continues to speak up for the rights of statehouse journalists in this and other important cases. Remember: if there is a legal matter on which you think we should be taking a position, you can contact Kevin M. Goldberg at 703-812-0462 or goldberg@fhhlaw.com or let the Board know it’s time to take action.

Update: The United States Court of Appeals dismissed the case as moot because the two government officials that brought the legal challenege are no longer in office. We’ll consider it a “technical knockout” that keeps the Open Meetings Laws intact.

Get some learning this September

Did you miss our annual conference in Indy? Are you still struggling to learn the ends and outs of the stimulus package? Then come for some learning at the first of two mini-conferences this fall:

A State Economic and Fiscal Issues Forum

Co-sponsored by the Pew Center on the States and Capitolbeat

When: September 24-25, 2009

Where: 901 E Street, NW, Washington, D.C.

What: Join other members of the media covering state budget issues for a series of in-depth sessions that will describe states’ current and long-term fiscal pressures, examine the effect of the stimulus on the states and detail national and regional economic trends. You’ll learn about the go-to sources for state budget information, develop new story ideas and hear from top experts on critical issues facing states. Speakers include G. Edward DeSeve, Special Advisor to the President and Coordinator of Recovery Implementation; Jennifer LaFleur, director of computer assisted reporting at ProPublica; and Susan K. Urahn, managing director of the Pew Center on the States. Travel stipends are available.

For more information, contact Tiffany Shackelford of Capitolbeat at tiffany.shackelford@gmail.com.

Coming soon: More details on this session and dates and times for our western economic forum in Las Vegas this October.

Jobs

We’ve just posted a new job listing from on our Jobs Tab (click here). If you have a statehouse job listing to share, please send it to board@capitolbeat.org.

Where to go?

This much we know: Capitolbeat’s 2010 conference will be held in November a little more than a year from now. But before we can start planning in earnest, we need to choose a location. Board members are doing some preliminary research now, but we want your feedback. Please take a second to tell us which of these five destinations you would rather see us pick. And if you have a spare minute, take a minute to click on the comment link and tell us why you favor one over the other. Thanks.

Links to Award-Winning Stories

Stateline.org has done a terrific job of compiling links to many of the winning entries in the Capitolbeat reporting contest.

Go here for more: http://www.stateline.org/live/details/story?contentId=421422

2009 Board Elections

Members:

I’m pleased to announce the result of the 2009 Capitolbeat Board elections. All of those on the pre-printed ballot were elected.

First, please join me in thanking outgoing board members Charles Ashby, Nancy Cook-Lauer, Larry Mesina, and Rachel Stassen-Berger for Lawrence Messina for their service.

Alan Johnson of the Columbus Dispatch is now down to just one job and will remain Treasurer. Ryan Rusak of the Dallas Morning News will take over as Secretary for the year.

Tim Hoover of the Denver Post was the only new member on the printed ballot. Adriana Colindres of Gatehouse News Service, Bethany Jaeger of Illinois Issues Magazine, and Peter Wong of the Statesman Journal in Oregon were re-elected to their board positions.

In addition, two members were elected to the board by way of write-in votes. Kathleen Haughney of the News Service of Florida and Barry Smith of Freedom Newspapers in North Carolina will join the board.

That makes your current board:

Position	Name	Seat up for election in:
President	Laura Leslie	2010
Vice President	Mark Binker	2010
Treasurer	Alan Johnson	2010
Secretary	Ryan Rusak	2010
Board Seat 1	Bethan Jager	2011
Board Seat 2	Adrian Colindres	2011
Board Seat 3	Peter Wong	2011
Board Seat 4	Tim Hoover	2011
Board Seat 5	Estzer Vajda	2010
Board Seat 6	James Pindell	2010
Board Seat 7	Tom Scheck	2010
Board Seat 8	Pat Guinane	2010
Board Seat 9	Kathleen Haughney	2011
Board Seat 10	Barry Smith	2011
Board Seat 11	VACANT	2011