PHASE THREE: Pre-Hearing Preparation
At Day 30, Council staff will remind both parties of the scheduled date of the hearing and ask for any additional materials they wish to submit. Each party is asked to limit their submissions to 25 pages or less. The Complaints Committee will review the submitted materials and will phrase the question(s) for the Council to vote on.
Staff will provide each party with a complete packet of information. Material may be submitted after the initial packet has been sent, only if it was not previously available and is essential to the case. Otherwise, late material will not be accepted.
Wording of the Complaint
The Complaints Committee, with the assistance of the Executive Director and the complainant, decides on the final wording for the question(s) that represent the issues contained in the complaint that will be voted upon.
The question will state the complaint clearly and specifically, identifying which actions by the news outlet allegedly violated standards of fairness and journalism ethics.
Final wording of the question(s) will be approved by the complainant and submitted to the news organization, at least two weeks prior to the hearing.
Complaint Materials
The following materials will be included in the final complaint package:
A. Original statement of complaint on complaint form
B. Signed waiver form
C. Letter of response or summary of response from the news outlet
D. Published story or stories (audio or video, if relevant)
E. Supporting documents from complainant and news outlet
F. Final statement of complaint (if supplemental to C)
G. Final statement of response (if supplemental to D)
H. Prior News Council determinations on similar cases for informational purposes
Staff will inform both parties about hearing procedures, will answer any questions and will provide biographies of News Council members.
Who may appear at a hearing?
1. The complainant:
· The complainant may request that the complaint be heard on the basis of submitted written materials, although this is unusual.
· In some instances, the complainant may assign a representative. Reasons might include: the complainant is a minor, seriously ill, or incarcerated. The representative must be approved by the Complaints Committee. Attorneys are not allowed to represent complainants at a hearing.
2. The news outlet:
· The news outlet decides which employee(s) shall participate in a hearing. If a news outlet chooses not to attend, the hearing will proceed anyway, with no prejudice against the news outlet. Attorneys are not allowed to represent news outlets at a hearing.
3. Special witnesses:
· If technical or specialized questions are likely to arise during the hearing, the Complaints Committee may decide that a neutral expert witness should be available to clarify issues. The complaint and news outlet may also bring witnesses. Witnesses must be identified to the Council staff at least one day prior to the hearing.
Scheduling of a Hearing
The News Council’s hearing schedule is set in December of the preceding year. As a rule, this is the schedule:
February, April, June August, October 3rd Thursday of the month
December 1st or 2nd Thursday
Hearings are generally held over the noon hour, beginning at 12:15 p.m., but may be held at other times, if necessary. On “Day One” of the complaint process, the parties are informed of the next likely hearing date. Hearing dates will be strictly adhered to unless rescheduling is necessary to accommodate extraordinary circumstances.
Location of a Hearing
Most hearings take place in the Twin Cities. Locations are chosen for reasons of space, parking, handicapped accessibility, and availability of audio/video facilities if they are needed. If either party needs special accommodations or services please notify the Council staff in advance.
When both parties live more than two hours outside the Twin Cities, the Council may conduct a hearing in their city with a subset of Council member (6-12) or by videoconference.
Publicity before a Hearing
News Council hearings are open to the public. A news release announcing the hearing and providing brief background information is sent two days before the hearing to all major news outlets, wire service, news outlets near the community in which the dispute has arisen, and to the two parties.
Council staff may provide additional information to media on request. Media with audio-visual needs are asked to call in advance so staff can make arrangements.