In a hearing on a complaint filed by DFL Chair Brian Melendez against MinnPost, the Council also ruled 12-to-1 that before MinnPost published its original story, reporter Doug Grow gave the DFL an adequate opportunity to respond to the accusations made, but again split 8-to-5 in favor of MinnPost on the question of whether the publication responded appropriately to the issues raised in the DFL Party’s complaint.

Melendez complained that an August 5 MinnPost story, which reported according to “unnamed sources within the party, that the DFL is on the verge of being fined $50,000 by the Federal Elections Commission” was false.

“MinnPost got the story wrong, and it hurt the DFL,” said Melendez during the hearing.  “The story was run in August, and it’s now December, and we still haven’t heard from the FEC on this issue, because there is no fine.”

Although DFL officials, including Melendez, vehemently denied the accusations made in the story and requested a retraction on the story, MinnPost stood by its reporting and the standards it used to verify the information provided by the two sources who gave Grow the details of the FEC investigation and the potential fine.

“Doug Grow followed MinnPost’s policies regarding the use of anonymous sources,” said MinnPost Managing Editor Roger Buoen.  “Doug had dealt with these sources before and they were reliable.  There was no reason not to believe the information he was given.”

Buoen, who helped write MinnPost’s anonymous sources policy said that to use an anonymous source, a reporter must get approval from an editor; tell the editor the source’s name, title and how they got the information; give the accused or affected parties a chance to respond to any allegations made; find a second, independent source to corroborate the information and; should include information about the source and why they know the information being shared with the reader.

When asked if MinnPost’s reliance on anonymous sources for the story was fair, seven council members voted “yes,” and six members voted “no.”  Public member Jane Berg noted that as a reader, she would have liked to see less ambiguous language used to describe the sources of the allegation.  “’Sources within the party’ does not tell us much,” Berg said.

Council members also closely questioned reporter Grow on whether his sources had any documentation confirming the size of the fine.  “How did the source know the information?” asked media member Thom Fladung, editor of the Pioneer Press.  “That’s the most important thing to know.”  Grow answered that the providers of the information were “vague” in their response of how they obtained the information, but that they had proven to be “highly reliable” sources in the past and that after careful consideration of the veracity of the sources, the publication decided to move forward with its story.

When asked why he didn’t accept MinnPost’s offer to author a full rebuttal of the story or to be interviewed by a MinnPost reporter, Menendez said he declined because “that would have only given more legs to the story.”  “I didn’t want the story told at all because it’s not true,” Melendez said.

Rep. Doty complained to the News Council after the paper published a March 2 story, “Local GOP objects to Doty’s support of gas tax hike.” The Record’s editor and general manager, Tom West, approached Doty for comment “on the gas tax,” but did not tell him it would be used in a news story about Doty’s support of a transportation bill. In an effort to balance a press release issued by Republican leaders in the district, West rewrote the press release to include comments from Doty and the county engineer, as well as additional background information.

Doty complained he was misled by the paper because he did not know the context in which his comments would be used. West argued that he did not have a responsibility to tell Doty what the story was about in advance. Doty “gave good answers to the questions I asked him,” said West, “and they were reported accurately in the printed article.”

The News Council affirmed the paper’s position, voting 12-4 that the paper’s actions were appropriate.

“[If I were in West's position], in hindsight I would have told Rep. Doty that I was calling for a response to the Republican press release,” said media member Jim Pumarlo. “Having said that, I’m fine with the story, I think it’s balanced. Readers were clearly aware that Republicans were leveling this charge and Doty was responding to that.”

News Council members agreed that the information added by West was accurate, and added to the overall balance of the story. “Rep. Doty came off as the real good guy of that story, he seemed well informed and statesman-like,” said public member Heather Harden.

Media member Jeremy Iggers disagreed. “[The press release] was a partisan attack on Doty,” said Iggers. “How could you not tell him what he was responding to?”

Doty also complained that an editorial written by West was inaccurate to commend both Doty and a Republican colleague for work on a zoo funding bill. Doty said he was “on his own” this past year in seeking funding for the Pine Grove Zoo in Little Falls, Minn. and felt it was unfair to include Sen. Paul Koering (R-Fort Ripley) in the praise. West said that before publishing the editorial, he called Koering, who acknowledged less involvement in the bill, but said he helped get it through the state Senate.

The News Council denied Doty’s complaint, and voted 12-4 that the paper had an appropriate basis for giving both politicians praise in the editorial.

“In order to uphold this complaint,” said media member Dave Beal, “you would have to prove that Sen. Koering played absolutely no role in the passage of this bill, and I don’t think there is evidence to prove that.”

A majority of Council members agreed. “I am satisfied Mr. West fulfilled his responsibility to check the facts in his editorial when he called the senator,” said public member Harden. “After the editorial appeared, those who disagreed with Mr. West’s editorial wrote great letters to the editor explaining their viewpoints.”

The following news outlets ran the above news release or cited an Associated Press summary: Morrison County Record, Hometownsource.com (ECM Publishers), KSTP-TV, WKBT-TV, WCCO-TV, and Grand Forks Herald.

12:15 p.m., August 21, 2008

Hamline United Methodist Church – St. Paul, Minn.

Minneapolis (Aug. 20, 2008) – The Minnesota News Council will convene Thursday, August 21 to consider two complaints against the Morrison Country Record by state legislator Al Doty (DFL-Royalton).

Rep. Doty complained to the News Council in April about the Morrison County Record, a weekly newspaper in Little Falls, Minn. Rep. Doty said the paper approached him for a general quote “on the gas tax,” but did not tell him it would be used in a news feature that critiqued his support of a transportation bill (“Local GOP objects to Doty’s support of gas tax hike,” 3/2/08). Record editor and publisher Tom West disagrees that Doty should have told what the story was about in advance. Doty “gave good answers to the questions I asked him,” West wrote, “and they were reported accurately in the printed article.”

Rep. Doty also complains that an editorial written by West was inaccurate to commend both Doty and a Republican colleague for work on a zoo funding bill (“Zoo funding worthy of praise,” 6/1/08). Doty says he was “on his own” this past year in seeking federal money for the Pine Grove Zoo in Little Falls, Minn. and feels it was unfair to include Senator Paul Koering (R-Fort Ripley) in the praise. West has said that before publishing the editorial, he called Sen. Koering, who acknowledged less involvement in the bill, but said he helped get it through the state Senate.

At the hearing, the Minnesota News Council will hear presentations by Rep. Doty and the Morrison County Record; the Council will then issue a determination. The event is free and open to the public and media coverage is invited. Documents relating to the case are available upon request.

About the Minnesota News Council

The Minnesota News Council was created in 1970 to promote fair, vigorous and trusted journalism. It presents complaints about accuracy and fairness to news organizations, holds public hearings to consider unresolved complaints and conducts public forums aimed at fostering trust in journalism. The News Council has 24 voting members, half of them journalists, half laypersons. The hearing process is voluntary; the Council’s determinations are advisory and carry no sanctions.

# # #

Tony Sheda, of Wrenshall, Minn. complained that the KBJR-TV broadcast, “The War At Home” (Nov. 27, 2007) sensationalized the death of his son Adam, a staff sergeant recently returned from Iraq. The story was the first in a two-part series about the emotional effects of war on returning soldiers.

The News Council voted 9-8 to uphold a complaint that it was unfair to use Adam Sheda as an example in a story about post-traumatic stress disorder. The Council also voted 10-7 that it was unfair for KBJR to report that, “It’s been said that [Adam] Sheda may have had a death wish based on a posting he made on his MySpace account.”

KBJR Station Manager, Dave Jensch, said the story was based on a suggestion from a Minnesota Military Assistance Council representative that the station should help raise awareness about the issues veterans face when reentering society.

“The Sheda story was covered by all media outlets, and was the best example of veterans experiencing emotional wounds,” Jensch said. “It wasn’t about PTSD. Our story never said that Adam Sheda suffered from PTSD; we could never have known that.”

Adam’s death was a high profile story for the Northland community. Council members agreed that it did serve to draw attention, but questions arose over whether it was a good example for the broadcast.

“I appreciate the story because we don’t do enough to show what these young men do in Iraq,” said public member Elizabeth Costello. “I’m just not sure that Adam was the best example to show the kinds of problems soldiers are experiencing.”

The News Council also voted 17-1 to uphold a complaint by Richfield City Manager Steven Devich against KSTP-TV.

Devich complained that the KSTP feature story “Richfield residents frustrated over noise” (April 20, 2008) used excerpts from a letter he wrote to a Richfield resident in a manner that was misleading. The story on noise ordinances suggested that Richfield government officials were not attentive to the needs of their constituents in this matter.

Richfield’s mayor was interviewed to give the city’s side of the story, which seemed to contradict the letter from Devich.

“If I would have been contacted by the reporter to explain what the letter meant, KSTP’s viewers would have understood that the city, the middle school and the community were working together to try and resolve the problem,” said Devich. “This type of story destroys our [the city’s] credibility.”

Representatives from KSTP did not attend the hearing, but in a written statement said that, “Contrary to Mr. Devich’s allegations, our story was neither misleading nor one-sided. We represented the city’s side by interviewing the Mayor of Richfield.”

“Certainly KSTP had a right to do this story, and to use Devich’s letter,” said public member Noelle Hawton. “The story featured the upset citizens and statements from the mayor, but there was definitely a view missing.”

Links to coverage of hearing:
AP, City Pages, Duluth Budgeteer News, Duluth News Tribune, KARE11, MPR/NewsCut (KSTP), MPR/NewsCut (KBJR), Star Tribune, WCCO-TV

Glass, who was elected to the school board in November, complained that an editorial column, “Beware of dirty tricks during the campaign season,” unfairly mischaracterized his campaign as “nasty and misleading,” and included comments he made prior to becoming a declared candidate for school board. Glass also complained that the timing of the publication was unfair – the paper was published the weekend prior to the election – because he could not offer a rebuttal before Duluth citizens went to the polls.

“Newspapers have a basic right to express political opinion, provided they label it as such,” Duluth Budgeteer News editor Jana Peterson told the News Council. “The column did not introduce any new information, something that newspapers try to avoid immediately before an election – that’s part of the reason we don’t allow any political letters to the editor that week.”

The News Council voted 10-3 to deny a complaint that it was unfair for theBudgeteer News to publish an opinion column accusing a candidate of dirty tricks, without giving him a chance to respond.

On the question of whether it was unfair for the paper to publish a column that included statements that Glass made prior to becoming a declared candidate for school board, the News Council unanimously responded it was not unfair.

The News Council also voted 12 – 1 to deny a complaint that it was unfair for theBudgeteer News to publish a column that characterized Glass’ campaign as “nasty and misleading.”

“All newspapers, weekly or daily, editorialize right before elections,” said media member Reed Anfinson, owner and publisher of the Swift County Monitor-News, a weekly paper in Benson. “Our columns provide a summary of what’s happened during the campaign season – we have the opportunity to say ‘here’s why we support this candidate.’”

Media member Karen Boros was concerned about the timing of the publication. “There was no chance for the attacked person to respond,” noted Boros.

“It felt unfair when it happened to me,” said public member Tom Forsythe recalling an experience similar to Glass’, “but, I do think it’s appropriate for a paper to editorialize prior to an election.”

Glass said the News Council’s discussion of the issues was interesting. “I just wish there would have been time to respond to the column,” he noted.

Vote:

All three complaints were denied by a majority vote.

1. Was it unfair for the Duluth Budgeteer News to publish a column accusing a candidate of dirty tricks without giving him a chance to respond?

The Council voted 10-3 that the column was not unfair on this count. 

Concurring: Anfinson, Bahan, Beal, P. Berg, Fladung, Forsythe, Johnson, Pastner, Wyatt, Zdon 

Dissenting: Boros, Schild, Sokolowski

2. Was it unfair for the Duluth Budgeteer to publish a column that included statements that Mr. Glass made prior to becoming a declared candidate for school board?

The Council voted 13-0 to deny the complaint with the feeling that it was fair to use earlier statements. 

Concurring: Anfinson, Bahan, Beal, Boros, P. Berg, Fladung, Forsythe, Johnson, Pastner, Schild, Sokolowski, Wyatt, Zdon

3. Was it unfair for the Duluth Budgeteer News to publish a column that characterized Mr. Glass’ campaign as “nasty and misleading?”

The Council voted 12-1 to deny the complaint.

Concurring: Anfinson, Bahan, Beal, P. Berg, Fladung, Forsythe, Johnson, Pastner, Schild, Sokolowski, Wyatt, Zdon

Dissenting: Boros

News Council Reflections:

Tom Forsythe, a public council member, wrote:
It was a bit unfair, but that is something we have to accept to protect and defend the right of the newspaper to editorialize. I would hope that the newspaper does not interpret my vote as a full vindication of their decision to editorialize precisely the way they did, but I defend their right to do it.

Al Zdon, a public council member, wrote:
It was well within the boundaries of fair comment.

Steve Schild, a media council member, wrote:
This was a tough case. I’m not voting to dictate what a newspaper cannot write, but I cannot fully endorse a process that makes it hard for any party to respond to criticism or attacks. Having said that, I too fear any decision that could have a chilling effect on a paper’s content.

After a Sept. 18, 2007 meeting, the Woodbury Bulletin published an editorial, “Councilman’s Antics Were Unnecessary,” and a similar letter to the editor that were critical of Afton City Councilman Joe Richter. The pieces allege that Richter treated another city councilmember disrespectfully during a dispute that occurred at the meeting.

“The Woodbury Bulletin portrayed me in a false light,” said Richter. “They took some facts and exaggerated them in duration and intensity in an effort to develop a false representation of me and what transpired.” The Woodbury Bulletin did not attend the hearing, but Editor Bob Eighmy told the Council that the paper stands behind its Sept. 26 editorial.

The Bulletin wrote that Richter “went into something of a tirade” and “took 20 minutes to argue his point,” after another councilmember made a request to have resident comments from a supplemental information packet read aloud. The editorial also stated that Richter was “waving his nameplate” in front of councilmember Nick Mucciacciaro’s face.

News Council members viewed video footage from the Sept. 18 Afton City Council meeting, and unanimously agreed that the editorial did not accurately portray Richter’s conduct. They expected to see theatrics, but only identified a few moments of lively give and take between Richter and Councilman Mucciacciaro.

In its deliberation of the second complaint, the News Council members discussed the standards of accuracy and fairness used in newspaper opinion pages. Public member Colin Sokolowski asked if editorials should be held to a higher standard of accuracy than letters to the editor. “There is a higher burden on editorials to ‘get it right,’” said media member Steve Schild, a journalism professor at St. Mary’s University.

“What I felt when I read the Woodbury Bulletin editorial was that I wanted everyone to know, ‘That is not me; that is not what happened!’” said Richter. “The News Council provided me with a forum where my real voice could be heard.”

Newman, who is known for her colorfully decorated home in South Minneapolis, felt the terms used to describe her in the review were unfair. Newman said that she was fearful that the article’s citation of her full name and address would provoke vandalism and verbal abuse.

Media Response: Though the Minnesota Daily’s staff had turned over almost immediately after the article was published- Daily staff changes with each academic term- the current editors and reader representative responded swiftly to defend the article.

They said the article did not reference Newman pejoratively, but in fact praised her as a nonconformist. The Daily also pointed out that because she has been the subject of many stories in the local press, Newman is a public figure subject to public critique.

The Hearing: Council members considered the following questions:

• Was it unfair of the Daily to use Newman to introduce a review of a play about a woman with “questionable mental faculties?”
• Was the article unfair when it described Newman as a “maniacal, googily-eyed token crazy lady?”
• Was the use of Newman’s first and last name and the location of her residence unfair in the context of this article?

Q & A: At the hearing, Mari Newman was assisted by Craig Dunn, executive director of VSA Arts. He stated that the reference was an “invasion of privacy” because the article was a theater review that had “nothing to do with her.” “Is this how the media handles people with disabilities?” he asked, “Is it open season?”

Newman, whose home functions as a public art installation, has been the subject of media attention in the past. She felt this that the Daily’s article was different, however, in that it was personal – “It’s about me, not my art or my house or my ideas,” she said.

Dunn observed that “eccentric” would have been a better description to use in the article’s opening paragraph. “Disabled people,” he said, “often do not get the luxury of being called that. Rich people are ‘eccentric,’ but poor people are ‘crazy.’ The language was offensive and it furthered a stereotype.”

Student editors Emily Banks and Michael Marino of the Minnesota Daily were present to defend “crazy” as a subjective term. “The reporter was trying to communicate that Mari is different, but commendably so,” said Banks. “It was meant to celebrate nonconformity.” She called attention to the article’s punch-line:

“But [the character]- much like the fabled madwomen of our bosom cities- sullies up the world’s starchy, stagnant imagination with a little crackpot excitement and creative escapism. And nowadays, that can’t come in hearty enough doses.”

Banks commented that referencing Newman and other well-known locals was the writer’s attempt to connect the play to students’ daily lives. “Arts writing is innately subjective,” she said, “you need opinions and creative, colorful writing.”

Banks mused that if she had been editor when article was published, she might have done things differently, but said that in the context of a full reading, the article did not impugn anyone’s character.

Deliberation:

“When you combine the word crazy with words like maniacal and googily-eyed, does it still mean ‘eccentric?’ What about the reference to ‘questionable mental faculties?’” said Tom Forsythe of General Mills. “I don’t understand why it is necessary to pick on someone for a theater review- Mari is totally extraneous.”

Steve Schild, a journalism professor at St. Mary’s University, demurred, “I always tell my students to never forget that they’re writing about real people… but Mari is a public figure who has availed herself and her eccentricity to the world.”

“When you draw attention to yourself,” agreed Reed Anfinson of the Swift County News-Monitor, “you can’t necessarily control it.”

“But is undue harm okay when you’re trying to be creative? The writer was going for shock value and nobody stopped her,” said Karen Boros, a journalism instructor at the University of St. Thomas.

Jim Pumarlo, a newspaper consultant, conceded that if he had edited the article, he would have toned it down. “I’m not as critical of the Daily as I first was, though,” he said, “It appears that Mari’s status as a vulnerable adult is not common knowledge.”

“You have to look at the whole thing,” added Al Zdon of the MN American Legion. “It’s actually laudatory to Mari at the end. It was perhaps not well written and fell short of what the writer was trying to do, but that’s fairly common in journalism.”

Thom Fladung, editor of the Pioneer Press, quipped, “I would admit that journalism often falls short of the ideal, but then again, so does my car, my plumbing, my education, my legal advice…”

“I think it’s a question of motivation gone astray; it led to harm even if it was inadvertent,” concluded Wendy Wyatt, a journalism instructor at the University of St. Thomas. “Technology really makes the first paragraph relevant- few people will read the whole story.”

Vote:

The first two complaints were upheld and the third complaint dismissed.

• Was it unfair of the Daily to use Newman to introduce a review of a play about a woman with “questionable mental faculties?”

The Council ruled “YES” by a vote of 10 – 4.

• Was the article unfair when it described Newman as a “maniacal, googily-eyed token crazy lady?”

The Council ruled “YES” by a vote of 11 – 3.

• Was the use of Newman’s first and last name and the location of her residence unfair in the context of this article?

The Council ruled “NO” by a vote of 10 – 3 with one abstention.

Attendance:

Council Chair

• James H. Gilbert, Mediator/Arbitrator, Gilbert Mediation Center

Media Council Members

• Reed Anfinson, Editor/Publisher, Swift County News-Monitor
• Karen Boros, Journalism Professor, University of St. Thomas
• Thom Fladung, Editor/Vice President, Pioneer Press
• Don Heinzman, Editorial Writer, ECM Publishers
• Kerri Miller, Midmorning Host, Minnesota Public Radio
• Jim Pumarlo, Director of Communications, MN Chamber of Commerce; Newspaper Consultant
• Dr. Steve Schild, Associate Professor of Media Communications, St. Mary’s University
• Wendy Wyatt, Journalism Professor, University of St. Thomas

Public Council Members

• Jane Berg, Fleishman-Hillard, Inc.
• Tom Forsythe, Director of Corporate Communications, General Mills
• Roberta Johnson, retired high school journalism teacher
• Tom Peterson, attorney, Peterson & Hektner, Ltd.
• Karen Runyon, forensic document examiner
• Al Zdon, Communications Director, MN American Legion

Complainants

• Mari Newman, Minneapolis artist
• Craig Dunn, Executive Director of VSA Arts

The Minnesota Daily

• Emily Banks, Co-Publisher & Editor in Chief
• Michael Marino, Co-Publisher & Chairman of the Board

Minnesota News Council Staff

• Sarah Bauer, Interim Director
• Erika Roland, Development Director
• Hanna Dorn, Operations Assistant

Media Attention:

Press coverage of Mari Newman’s complaint against the Minnesota Daily was seen in:

• Access Press
• City Pages
• Minnesota Monitor
• Minnesota Newspaper Association Bulletin

Participants in the tax-cut rally complained that the feature was inaccurate, misleading, and biased. Of the twelve rally attendees who originally submitted complaints, seven people opted to submit waivers in order to move forward as private complainants. All private complainants must sign waivers of their right to sue the media outlet for libel; in exchange, they become eligible for a public hearing, should their complaint remain unresolved.

It was the Minnesota News Council’s first opportunity to examine a complaint regarding news that appeared only online.

Media Response: Due to the policies of CBS, their national affiliate, WCCO-TV did not participate in the complaint process. News Director Jeff Kiernan, however, responded directly to the participants via e-mail, conceding that “a mistake was made in the production of this national story and the wrong video was attached.” He apologized for the error and arranged to have the story that accompanied the incorrect footage taken off the Web site.

The complainants remained dissatisfied because the contested footage continued to remain accessible through the site’s video library. WCCO-TV declined to respond and did not attend the hearing.

The Hearing: Council members considered the following questions:

1. Did raw video posted by WCCO-TV in its online video library misrepresent Minnesota Tax Cut Rally attendees when it featured video footage of the complainants with a caption that described a global warming protest, while not noting that the beginning and the end of the video footage featured pictures of their much larger tax rally? 
2. Did WCCO-TV act unfairly when it failed to cease using mislabeled video of both the tax cut and global warming rallies at its Web site after the complainants notified WCCO-TV about their concerns over a previous story at its Web site, a story about the global warming protest that misrepresented the size of that rally by using the video of the larger tax rally?  

Q & A with the Complainants:

As the hearing began, complainant Sue Derhaag shared that WCCO-TV News Director Jeff Kiernan had contacted her just moments earlier. He told her in a phone conversation that the video in question was the work of a shared news gathering service, not WCCO-TV. Kiernan went on to say that he was “unaware the video was still active,” and said its caption would be changed.

As Derhaag finished, MNC Interim Director Sarah Bauer clicked “refresh” on the Web site displaying the video. As the Council watched, the site reloaded to reveal that the original caption, “Global Warming Protest on Capitol Hill,” had been replaced with “Rally Protests Cross Paths Near Minn. Capitol.”

Given this development, the Council discussed whether or not to continue, but decided to proceed with the hearing.

The complainants began by clarifying that it would have been difficult to confuse the tax-cut rally and the global warming protest. They were held at the same site on the same day, but Derhaag said, “There were police, a street, and 600-800 yards separating the two rallies.” The scale of the rallies was also dramatically different; the tax-cut rally attracted several thousand participants while the global warming protest had a few hundred.

The complainants said the online footage featured 15 seconds of the tax-cut rally, 22 seconds of the global warming protest, and finally, 4 seconds of the tax-cut rally. The caption, “Global Warming Protest on Capitol Hill,” they said, made it appear as though they had attended the global warming protest.

Carolyn Wetterlin said, “I wasn’t personally damaged, but it’s like misquoting me. I was used for a cause that I don’t believe in. Whether it was inadvertent or not, it was still a misrepresentation. My effort was stolen.”

Derhaag said that she would have been better served by an immediate posting of the correct caption rather than a late apology.

The Council’s Deliberation:  

“They changed the coverage today,” began Al Zdon of the Minnesota American Legion, “so why couldn’t they have done it earlier?”

Jim Pumarlo, a newspaper consultant, agreed. “If that text was changed two months ago, this complaint would hold no water. But they waited until they were under the gun to change it. If they could change it today, why not two months ago? In one sense, it’s a testament to the power of the News Council.”

Thom Fladung, editor of the Pioneer Press, said, “It’s possible for stuff to linger forever on the Internet. Even when you correct something, I guarantee a version of that story lives on somewhere.” He also speculated that WCCO-TV might not have the ability to easily take down a national story.

Luz Maria Frias, St. Paul Director of External Affairs, asked, “We can’t mandate coverage, but what about a retraction?”

“I don’t think this would rise to the level of needing a retraction,” responded Steve Schild, a journalism professor at St. Mary’s University. “And we must establish if we’re taking WCCO to task for a national story that they may have had no control over.”

Retired Pioneer Press journalist Dave Beal commented, “I think WCCO is responsible for anything they may use locally or nationally.” Beal thought that the new caption posted moments before the hearing should have included some acknowledgement of the original error.

John Simonett, a former Minnesota Supreme Court justice, concluded, “Was it a mistake? Yes, everyone admits that. Was it intentional? We can’t know. So the question is, was the response timely and adequate?”

Vote:

Both complaints were upheld.

1. Did raw video posted by WCCO-TV in its online video library misrepresent Minnesota Tax Cut Rally attendees when it featured video footage of the complainants with a caption that described a global warming protest, while not noting that the beginning and the end of the video footage featured pictures of their much larger tax rally?The Council ruled “YES” by a vote of 14 – 0.

   Concurring: Beal, Berg, Berg, Fladung, Frias, Graham, Hussein, Johnson, Pumarlo, Runyon, Schild, Simonett, Wyatt, Zdon 

2. Did WCCO-TV act unfairly when it failed to cease using mislabeled video of both the tax cut and global warming rallies at its Web site after the complainants notified WCCO-TV about their concerns over a previous story at its Web site, a story about the global warming protest that misrepresented the size of that rally by using the video of the larger tax rally?   The Council ruled “YES” by a vote of 10 – 3 with one abstention.

   Concurring: Beal, J. Berg, Graham, Johnson, Pumarlo, Runyon, Schild, Simonett, Wyatt, Zdon

   Dissenting: P. Berg, Fladung, Frias,

   Abstention: Hussein

Attendance:

Council Chair

• James H. Gilbert, Mediator/Arbitrator, Gilbert Mediation Center

Media Council Members:

• Dave Beal, Columnist, Pioneer Press
• Pat Berg, Associate Professor of Journalism, University of WI-River Falls
• Thom Fladung, Editor/Vice President, Pioneer Press
• Jim Pumarlo, Director of Communications, Minnesota Chamber of Commerce; Newspaper Consultant
• Dr. Steve Schild, Associate Professor of Media Communications, St. Mary’s University
• Wendy Wyatt, Journalism Professor, University of St. Thomas

Public Council Members:

• Jane Berg, Fleishman-Hillard, Inc.
• Luz Maria Frias, Director of External Affairs, City of St. Paul
• Ron Graham, Chairman of the Board [guest]
• Hesham Hussein, President, Muslim-American Society of Minnesota
• Roberta Johnson, retired high school journalism teacher
• Karen Runyon, forensic document examiner
• John Simonett, former Minnesota Supreme Court Justice
• Al Zdon, Communications Director, Minnesota American Legion

Complainants

• Sue Derhaag
• Carolyn Wetterlin
• Forrest Wilkinson

Not present:
[Daniel Dietsche]
[Lisa Edwards]
[Lea Leonard]
[Roderick McKay]

Minnesota News Council Staff

• Sarah Bauer, Interim Director
• Erika Roland, Development Director
• Hanna Dorn, Operations Assistant 

Media Attention:

Press coverage of the Tax Rally Attendees’ complaint against WCCO-TV was seen in:

• City Pages
• KTLK Talk Radio with Jason Lewis

The Minnesota News Council denied a complaint today that the Bemidji Pioneer newspaper was unfair in running a news story about a same-day, full-page ad that said DFL politicians were buying votes from Red Lake Reservation residents by funneling state financial support to them. The vote was 10-3.

The News Council upheld a complaint that the page-one news story was unfair in not including views of those whom opponents of DFLers who were interviewed about the ad and who said, among other things, that critics of the relationship between the state and the reservation were racist. The vote was 9-4.

The complaints came from a group calling itself Citizens for Truth in Government. The group said it was non-partisan. The ad and news story ran on October 25, 2006, two weeks before the last election. The group said the newspaper was unfair charging it for ad space and then giving free expression in the news story to those the ad criticized.

The News Council strongly backed the newspaper’s right to exercise its judgment in doing a same-day story on an ongoing controversy. The Council also criticized the newspaper’s failure to do a balanced story. Several members said that the news story included a gratuitous editorial opinion that the ad’s indictment of DFL candidates “undermines its statement” that the group is non-partisan.

The Pioneer’s editor, Molly Miron, who wrote the news story, acknowledged that she “should have” allowed the placers of the ad to respond to accusations that they were racist. She said she called the head of the group but was not able to reach him.

Public member Tom Forsythe, a communications executive at General Mills, said the newspaper could have delayed publishing both the ad and the news story until the reporter could gather material that would provide balance.

Media member Dave Beal, retired business columnist of the Pioneer Press, said the news story served readers well by appearing on the same day as the ad: “It functions as an ad for the ad.” Several members said the news story stated the ad’s main points more clearly and briefly than the ad did. But public member Tom Peterson, a Minneapolis attorney, said that people who read the news story before reading the ad could come to the ad thinking it was filled with errors.

The News Council’s determinations carry no sanctions; they are advisory, and the hearing process is voluntary. The Council was founded in 1970 and is an independent nonprofit organization with 24 voting members, half of them journalists, half laypersons. All members represent only themselves.

Ely School Superintendent Thomas Bruels and Ely High School Principal Joselyn Murphy complained after the Echo published a photo of local children at a Halloween party that included a caption in which the children described themselves as a “dead superintendent,” “a superintendent and principal killer and victim,” and a “dead principal.”

Bruels and Murphy said the Echo should not have published the photo and caption, which referred to them directly, in light of recent national incidents of school violence. The Echo did not attend the hearing, but Editor Anne Swenson wrote in a Nov. 11, 2006 editorial that “the significance of publishing this photo and caption was to bring awareness to the community of the potential for violence which exists in the world and this community.”

News Council members voted 9 to 1, with one abstention, to deny the complaint.

Several members said while not unfair to Murphy and Bruels, the photo and caption were published in poor taste. “The paper acted in poor judgment using the quotes,” said public member Cathy Kennedy.

Media member Larry Werner was the lone dissenter. “There is no question in my mind that it is ‘unfair’ to the only superintendent and [high school] principal in Ely to run a picture depicting children dressed as a dead superintendent and principal.”