Volume 83 April 2020 No. 10

INSIDE Tears in the : 118-year-old community Paulson: Truth & Trans- perancy vs. a virus covers tornado tragedy close to home Page 2 ANITA WADHWANI On a normal day, three editors , Nashville and three reporters are covering Daniels: Stand proud of March 10, 2020 high school sports, car accidents, In the hours after deadly storms court cases and fi res for the five-day- your role in a crisis swept through Putnam County on per-week newspaper that has deliv- Page 3 March 3, local offi cials set up a ered to the people of Putnam News phone number to report the missing. County since 1903. The problem? There was only one On March 3, the Herald-Citizen’s Page 3 incoming line. three reporters and three editors Ad-Libs: The pitch should Anxious callers desperate for were working to cover the biggest be all about the benefi ts news about their family members natural disaster to hit the county in and friends turned to the Herald-Cit- the newspaper’s 118-year history. Page 4 izen, fl ooding the community news- In total, 18 people, including paper’s phone lines with pleas for fi ve children, died in three sepa- TPA Member Showcase help as the small news staff worked rate tornadoes that swept through Page 6 to report on the aftermath of deadly Cookeville and surrounding rural tornadoes. and suburban communities, leveling Obituaries “I had a call from a lady in 100 family homes and damaging Page 8 Texas saying she could not fi nd her or destroying 400 other structures. Photo by The Tennessean, Nashville mother,” said Kate Cook, . More than 88 were injured. Footage from a drone above Putnam County, shows the dev- Tracks “Folks were calling us saying the “I’ve never covered anything this astation caused by a tornado that ripped through the area on Tuesday, number was out of service. That was bad,” said Cook. “Never. I’ve never Page 8 March 3, 2020. Zinser: Key management all day Tuesday.” See TEARS Page 4 victories via NLRB Page 10 2020 TPA Our obligation to report remains fi rm Summer Fisher: Harassment bill We will always do the right nities. These stories must be told; fails by 5-4 vote thing, and that’s why it’s hard to YOUR if reporters aren’t there to bear Convention Page 12 make a living. witness, they won’t be. Talk about kicking us when PRESIDING Sometimes it is a horrible obli- rescheduled for we’re down. REPORTER gation. Mother Nature walloped Middle “A lot of people are hurting, but Sept. 24-25 Tennessee in the wee hours of CHRIS VASS our readers are depending on us,” Super Tuesday (does anyone even Jack McNeely, publisher of the Because of the uncertain remember the primary elections?). Herald-Citizen in Cookeville, told These are the moments when timeline and lingering effects Ferocious tornadoes claimed the me recently. fulfi ll their unique McNeely’s team had put the of the COVID-19 crisis, the lives of 25 people and left commu- Tennessee Press Association public service mission: Keeping the Cookeville paper to bed after the nities grappling with millions of has postponed the 2020 TPA public fully informed is a corner- primary elections, only to awak- dollars in property damage. Summer Convention by three stone of our First Amendment core en hours later to devastation in And just as that natural di- months, rescheduling it for values. Putnam County from EF3 and 4 saster’s effects were coming into Sept. 24-25. It will still be No one else has the responsibil- tornadoes. After checking on the sharper focus, Tennessee and the held at the Music Road Resort ity — the obligation — to record safety of his staff, he turned his nation suffered another blow — in Pigeon Forge, Tenn. team loose to do what newspapers this time a biological threat, a what happens in a community. If you made reservations for do best: blanket coverage of the microscopic foe whose effects have We do. We choose it every day. We June, please cancel them by disaster in print and online. been growing quickly across the write down and photograph and calling (877) 291-8532. His small staff has worked state. The coronavirus is a dual record what we see, hear, feel and Watch for TPA communica- overtime to give readers accurate, menace: Our public health and our touch. Diligently. Objectively. With tion on the new details. fi nancial security are at risk. no goal but to inform our commu- See VASS Page 9 Page 2 • The Tennessee Press • April 2020 Fighting a virus with truth and transparency As the scope and threat of the tional media have been measured coronavirus pandemic becomes GUEST and thorough in their coverage, (USPS 616-460) clear, people all over the world making the most of their on-air Published monthly by the hunger for two things: an effective COLUMN medical and scientifi c consultants. vaccine and truthful information Local newspapers and broadcasters TENNESSEE PRESS ASSOCIATION, INC. about the disease. The former may have devoted extensive resources to 412 N. Cedar Bluff Road, Suite 403 be more than a year away, but the reporting how the virus will affect Knoxville, Tennessee 37923 latter is critical to stemming the KEN PAULSON the communities they serve. Telephone (865) 584-5761/Fax (865) 558-8687/www.tnpress.com pandemic in the meantime. President Trump told the nation Sunshine Week, in March, governments, schools and the pri- in early March that “we are all in Subscriptions: $12 annually marked a time when people like vate sector. Governments at every this together” and that’s exactly Periodicals Postage Paid At Knoxville, TN me write columns about some level resist disclosure and scrutiny, what needs to happen: the gov- legislature’s wrong-headed move to but leaders are now saying: “Here’s ernment sharing what it knows POSTMASTER: Send address changes to The Tennessee Press, limit access to public records, and what we need to do; here’s why truthfully and without spin or 412 N. Cedar Bluff Road, Suite 403, Knoxville, TN 37923 then try to make the case for great- we’re doing it; and here’s how you bravado, private and public institu- er access to public information and can fi nd out more.” tions engaging constructively with The Tennessee Press is printed by The Standard Banner in Jeff erson City, Tenn. transparency in government. Sports leagues and private America’s most pressing challenge We’re facing something far more businesses have been refreshingly and news organizations keeping Carol Daniels ...... Editor dangerous than any state legisla- transparent. How many emails have the public informed in a thorough Mike Towle ...... Managing Editor ture could conjure up. It’s a global you received that began “Out of an and even-handed way. Robyn Gentile ...... Production Coordinator crisis worsened by governments abundance of caution . . . ”? There In the end, science will prevail in whose impulse is to hide, control are a lot of institutions making curbing this virus. Yet the path to and censor news and information. tough decisions these days, but that victory can only emerge from The Tennessee Press When a Chinese doctor shared they’re largely doing it in partner- true collaboration and collective is printed on recycled paper with colleagues his concerns that ship with the American people. sacrifi ce, fueled by a shared under- and is recyclable. a mysterious new virus might be More than anything, else, standing of exactly what we’re up emerging, he was reprimanded and though, this crisis reminds us of against. That can only come from TENNESSEE PRESS ASSOCIATION silenced. The doctor, Li Wenliang, how wise the fi rst generation of the free fl ow of information. Chris Vass, Chattanooga Times Free Press ...... President died last month of coronavirus. Americans was in demanding a free Daniel Richardson, Carroll County News Leader, Huntingdon ...... Vice President After China mishandled and hid press. Despite the inevitable accusa- Ken Paulson is the director of Darrell Richardson, Th e Oak Ridger ...... Vice President the virus from the public, the tions by some that the the Free Speech Center at Middle Joseph Hurd, Th e Courier, Savannah ...... Secretary epidemic dramatically worsened. were “hyping” this threat, tradi- Tennessee State University. Eric Barnes, Th e Daily News, Memphis ...... Treasurer The Chinese government “is now Doug Horne, Republic Newspapers, Knoxville ...... Immediate Past President leading a sweeping campaign to Carol Daniels ...... Executive Director purge the public sphere of dissent, censoring news reports, harassing DIRECTORS citizen and shutting Scott Critchlow, Union City ...... District 1 down news sites,” says the New Keith Ponder, Th e Daily Herald, Columbia ...... District 1 York Times. Daniel Williams, Th e Paris Post-Intelligencer ...... District 1 Similar suppression has appeared Maria De Varenne, Th e Tennessean, Nashville ...... District 2 in other nations, according to the Jack McNeely, Herald-Citizen, Cookeville ...... District 2 Committee to Protect journalists. Vacant...... District 2 In Thailand, the prime minister Paul Mauney, Th e Greeneville Sun ...... District 3 has threatened to arrest journalists Dale Gentry, Th e Standard Banner, Jeff erson City ...... District 3 who publish “” about the Sara Jane Locke, Th e Herald-News, Dayton ...... District 3 virus, and Iran detained a for posts critical of the government’s TENNESSEE PRESS SERVICE response, according to the CPJ. But Dave Gould, Main Street Media of Tennessee, Gallatin ...... President even a democracy is going to be Jana Th omasson, Th e Mountain Press, Sevierville ...... Vice President tempted to manage the messaging, Ralph C. Baldwin, Cleveland Daily Banner ...... Director as the U.S. did by initially channel- Becca Stevens David Critchlow Jr., Union City Daily Messenger ...... Director ing the government’s comments W.R. (Ron) Fryar, Cannon Courier ...... Director through a single spokesman – Vice Michael Williams, Paris Post-Intelligencer ...... Director President Mike Pence. That has Carol Daniels ...... Executive Vice President since improved signifi cantly. When the public is desperate for TENNESSEE PRESS ASSOCIATION FOUNDATION information, government needs to Victor Parkins, Th e Milan Mirror-Exchange ...... President maximize authoritative informa- Mike Fishman, Lakeway Publishers, Morristown ...... Vice President tion from scientists and experts on Richard L. Hollow, Knoxville ...... General Counsel the public payroll. That appropri- Faith is at the core of our Thistle Farms project, bringing hope Carol Daniels ...... Secretary-Treasurer and help to women in need, just as the other freedoms of the First ately gives Americans what they Amendment empower us to make a difference every day. Each of need to know, and counters irre- WUKUFKHHGTGPVCPFVJGUGƓXGHTGGFQOUCNNQY[QWVQDGVJGURGEKCN CONTACT THE MANAGING EDITOR sponsible who have sought TPAers with suggestions, questions or comments about items in The person you are. Five freedoms of expression. Protect one. Protect Tennessee Press are welcome to contact the managing editor. Call Mike to minimize the threat to score them all. Learn more at www.1forall.today. Towle, (615) 293-5771; send a note to 118 East Kingwood Drive, Suite F16, political or ratings points. Murfreesboro, TN 37130, or email [email protected]. The deadline for Most encouraging, though, has the June 2020 issue is May 5. been the response of state and local April 2020 • The Tennessee Press • Page 3

Be proud of your role during the COVID-19 crisis FOR YOUR CALENDAR I am proud to be representing there are any confi rmed cases of county commissioners, school Note to readers: Some events all of you during this unprecedent- ROM THE COVID-19 in your community? superintendents, mayors and town scheduled for 2020 have been ed time as our state lawmakers are F Who will assure (Tennesseans) councils on the local response to rescheduled or canceled due to working through the best way to EXECUTIVE that the shelves of stores remain an ever-changing situation? the COVID-19 pandemic. This move forward. Your communities stocked, maybe not with hand Who will inform families month’s calendar is updated are all looking to you and your DIRECTOR sanitizers, but the essentials where they can go to replace the with information available as of newspapers for leadership, please needed while people try to stay at school lunches their children were March 26. Updates are shown in let us know if the Tennessee Press CAROL DANIELS home as much as possible? receiving? bold type. For more information Association can help you at all Who will tell them that the Who will ask hard questions of about an event, please contact through this time. pharmacies remain open to fi ll government offi cials when fl aws provide them with the information the sponsoring organization. Stephen Key, executive direc- about what is happening in their prescriptions for those who need in the system become evident? tor and general counsel of the community? medicine? The answer to all of the above APRIL 2020 Indiana-based Hoosier State Press Who will explain what steps Who will share stories on questions is the local newspaper. 17-18: Education As- Association, wrote the following how fi rst responders are protect- Be proud of the role you fi ll the county health department has sociation National Convention, piece, and it captures all I have ing themselves while serving in a democracy and make your instituted to deal with COVID-19? Gaylord Opryland, Nashville. been saying over the past few calls from possible coronavirus community proud of the way you Convention replaced by one- weeks. Who will explain what steps victims? fulfi lled your role when this crisis In the worst of times, newspa- the hospital’s emergency room and Who will explain to parents passes. day (Apr. 17) general member- pers rise to the occasion. doctor’s offi ce have taken to deal what students should be doing to ship virtual meeting. While everyone struggles to with requests for a coronavirus stay current in the classroom? Carol Daniels is executive direc- 23-28: 2020 International News understand “fl attening the curve” test? Who will help circulate the tor of the Tennessee Press Associa- Media Association (INMA) World and social distancing, who will Who will tell residents whether latest information released by tion. Congress of News Media, Paris, France. Canceled. NEWS JUNE 2020 18-19: 2020 Tennessee Press Ponder departs of Trustees and Richardson moves on of directors for the Free Medical Association 150th Anniversa- The Daily Herald is a member of from Clinic of Oak Ridge, have two ry Summer Convention and Maury Alliance’s children: Emilee Jane Bradshaw, Advertising/Circulation Confer- As the result of a recent Public Affairs The Oak Ridger has announced who works at the Enrichment ence, Music Road Resort, Pigeon restructuring of management, Committee. He that publisher Darrell Richardson, Federal Credit Union in Oak Ridge, Forge, Tenn. Rescheduled for Keith Ponder has left The Daily is president-elect an Anderson County native, was and Parker Richardson, who is Herald, Columbia, after serving of the Columbia scheduled to leave the company studying machine tool technology Sept. 24-25. there as publisher for fi ve years. Breakfast Rotary no later than April 3, 2020. The at TCAT-Harriman. 18-21: 2020 Investigative Report- Ponder told staff in March of his Club. publisher’s position at Oak Ridge, The Oak Ridger ers and Editors (IRE) Annual Ponder impending departure. “Community and as well as others in selected March 15, 2020 Conference, Gaylord National, The newspaper’s parent compa- newspapers markets, has been elimi- National Harbor, Md. Resched- ny, Gannett, reportedly is creating like The Daily Herald are vital nated. a more centralized organization to strengthening communities The Oak Kennedy buys Columbia uled for Aug. 27-30. that resulted in several leadership throughout Tennessee and the Ridger’s parent radio station AUGUST 2020 changes company-wide. nation,” said Ponder, who lives in company — A legendary name in media has 30: Deadline for Tennessee News- Editor James Bennett, Circula- Columbia with his wife, Sharon. GateHouse Me- returned to the Maury County paper Hall of Fame nominations tion Director Anthony Dezarn and “They’re critical to helping busi- dia — merged market, bringing his career full Advertising Director Craig Duncan ness grow. with Gannett in OCTOBER 2020 remain at The Daily Herald to lead “Sharon and I could not be hap- November 2019. circle. Sam Delk 1-3: National Newspaper Associ- their teams, as does information pier to have come to Maury County Longtime Kennedy Jr., ation’s 134th Annual Conven- technology director Fay Hunt. at such a great time,” Ponder said. fi nancial offi cer whose family tion and Trade Show, Hyatt Additionally, Vickie Woody was “This is home for us, and we don’t Richardson and Oak Ridge owned The Daily Herald for Regency, Jacksonville, Fla. No named by Gannett as site leader to want to be anywhere else as we resident Carolyn change reported. coordinate local operations. begin another great chapter in our Skyberg is assuming leadership of nearly 80 years “I’m proud of our team and lives together. This is a special the 71-year-old Oak Ridge newspa- until selling the 21-25: College Media Associ- the work we did here the last fi ve place, and I am forever grateful that per, where Richardson has served newspaper in ation Fall National College years,” said Ponder, who joined The The Daily Herald led us here.” as editor and publisher for the past 1983, purchased Media Convention 2020, in Daily Herald in 2015 after working The paper won the General Ex- 16-plus years. Kennedy Columbia radio conjunction with Associated as a publisher in Glasgow, Ken- cellence award from TPA in 2017. With both of his grandfathers stations WKRM Collegiate Press, Atlanta Hyatt tucky. “We never lost sight of our “Paraphrasing author A.A. working as electricians on the (1340 AM) and WKOM (101.7 FM) Regency, Atlanta, Ga. No mission of serving this community. Milne, how lucky am I to have Manhattan Project, coming to from Broadcast- change reported. “At our core, our role is to had something here — with this work for The Oak Ridger was a ing Company in late February for connect, protect and celebrate the team of wonderfully talented and dream come true for Richard- an undisclosed price. The lifelong SEPTEMBER 2020 community,” he added. “I think passionate people — that makes son — who had been recruited Columbia resident, who has a 24-25: 2020 New dates. Tennes- we did a good job of living up to saying goodbye so diffi cult? I to come and work for The Oak background in law, farming and see Press Association 150th that standard.” know Vickie and this team will Ridger prior to his decision to print media, will serve as owner Anniversary \Convention and Ponder, a 30-year veteran of the continue to serve Maury County actually take the newspaper up on and general . Advertising/Circulation Confer- newspaper industry, served on the and the region faithfully,” Ponder previous offers. “I started doing photography for ence, Music Road Resort, Pigeon board of directors for the Tennes- added in his remarks Tuesday. Richardson and his wife Ange- the newspaper when I was 7 years see Press Association. He serves The Daily Herald, Columbia la, who works at TCAT-Harriman Forge, Tenn. on the Leadership Maury Board March 15, 2020 and has recently joined the board See NEWS Page 5 . Page 4 • The Tennessee Press • April 2020 Pitching any kind of product is all about the benefi ts Rob is the marketing director from the body and to the exterior buying – if it is worth advertising “If they make it complicated, they’ll for an outdoor apparel company. I of the shirt, where it can easily – it should offer honest advantag- lose people.” The most memorable remember a conversation with him evaporate. A shirt with wicking es to consumers. That’s why we benefi ts are communicated with about his philosophy of promoting AD-LIBS® fabric is cool and comfortable encourage all of our marketing just a few words.” their products. “It’s all about ben- – and that’s important to active folks to avoid superlatives in their When you’re working with an efi ts,” he said. “Every time a new people. The word ‘wick’ doesn’t descriptions. People are suspicious advertiser who needs ideas for a product is developed – or an exist- mean anything to a lot of folks, so of words like ‘best,’ ‘tremendous’ JOHN FOUST new campaign, keep features and ing product is improved – my task it needs a good benefi ts-oriented and ‘fantastic.’ benefi ts in mind. That will answer starts with learning the features explanation.” “Think about it. If you’re in the question, “Why should people and translating those features into team, so they can present the new There’s a reason why advertising the market for a shirt to wear for buy what we’re selling?” And it marketable benefi ts. product to stores that sell our prod- veterans have always preached the hiking or boating, would you will take a lot of sweat out of the “I meet with the research and de- ucts. That includes providing them value of product benefi ts. Peo- be more likely to buy one that is creative process. velopment team and ask questions with information the stores can ple don’t buy features, they buy comfortable because it ‘evaporates like, ‘Where did this idea come communicate to their customers. benefi ts. If that strategy is good perspiration quickly’ or one that is from?’ and ‘Why did you decide Of course, all of that is coordinat- enough for a successful interna- described as ‘unbelievable?’ Solid (c) Copyright 2020 by John Foust. on these specifi c changes?’ I want ed with our international brand tional company, it’s good enough facts win that contest every time.” All rights reserved. John Foust has them to walk me through their marketing. for the businesses we encounter 2. Keep it simple. Rob has access conducted training programs for thought process, so I can under- “At every step along the way, the every day. to a lot of technical product details, thousands of newspaper advertising stand how the product enhances focus is on features and benefi ts. Here are a couple of takeaways but he knows it’s important to nar- professionals. Many ad departments our customers’ outdoor activities. For example, we use wicking from Rob’s approach: row it down to simple, easy-to-com- are using his training videos to save “There’s a chain of communi- fabrics in many of our products. 1. Stick to the facts. “There’s municate information. “The most time and get quick results from in- cation,” he explained. “I share A shirt which is made of wicking no need to embellish the truth,” effective marketers make their mes- house training. E-mail for informa- the relevant details with our sales material draws perspiration away he said. “If a product is worth sages easy to understand,” he said. tion: [email protected]

TEARS from Page 1 On Wednesday, 6,000 editions were sold out before the day ended. seen death like this. The fact that a The publisher authorized a reprint lot were children is very diffi cult.” of 1,000 more of the fi rst-day story, “As you’re going out and collect- headlined “Devastated,” and sold ing stories — and it’s very import- those out Thursday. ant for people to talk and for us to Covering the story was tough chronicle their stories — it’s very because everyone at the newspaper diffi cult to not view that through the had some connection with people lens of, ‘My God, what if they found who lost homes or loved ones, Cook my daughter in a ditch in front of said. “Our news editor, Dan Ford, my house?’” said Cook, who has a he’s a 35-year veteran of the paper,” 13-year-old daughter. she said. “I’ve never seen him doing The Herald-Citizen put out a anything different than crack a 16-page edition Wednesday that in- slightly inappropriate joke.” cluded four pages of photos. On that On March 3, he “burst into tears.” fi rst day, Cook said the photo editor Ford attends church with Matt toned and processed 500 photos and Macy Collins, who lost their taken by staff. 4-year-old daughter on the night of Submitted by the Herald-Citizen, Cookeville The newsroom near downtown the storm. Herald-Citizen staff . From left: reporters Paige Stanage and Jim Herrin, managing editor Lindsay McReynolds, Cookeville is typically open to Another reporter went to high customers who want to buy their school with Erin Kimberlin, 29, who news editor Don Foy, city editor Kate Cook, publisher Jack McNeely, sports writer and photographer Ben Cra- newspapers in person, though the died at home with her husband, ven, reporter Ben Wheeler and sports editor Scott Wilson. paper also hand delivers and mails Joshua, 30, and 2-year-old son, Saw- home. On a normal day, Cook said per ceased publishing their Monday nity journalism is alive and well at the papers, too. yer. Cook sustained damage to her the newspaper would be spotlight- edition as a cost-cutting measure. the Herald-Citizen.” ing positive news. On March 3, Cook said the Cook said she and her staff ex- “We believe very strongly in good publisher immediately authorized pected to report on its aftermath for Tennessee Press Service news and celebrating what goes on overtime for employees, who have months to come. in the community,” Cook said. “We logged long hours every day since “Next we cover the funerals,” she Advertising Placement try not to go with the ‘if it bleeds, the tornadoes hit. said. “And we cover the rebuild. And Snapshot it leads’ deal, but we are also very “News staffs rarely are tested with we make sure that people get the aware we’re recording history. such a natural disaster that struck information they need so they can ROP: Networks: We’re very aware we’re sitting in an Cookeville and Putnam County fi le insurance and FEMA claims.” offi ce with bound editions from the during the early morning hours of “There’s a certain amount of time February 2020 $116,051 $8,926 1920s.” March 3,” publisher Jack McNeely when you’re just numb,” she said. The paper in recent years has said in a statement. “It’s important for us to make sure Year* as of Jan. 31 $294,659 $39,543 experienced the same industry “We were challenged to reveal the that information is available, so — fi nancial pressures that have led to human element of this tragedy, and when they’re not numb anymore — * The TPS Fiscal Year runs Dec. 1 through Nov. 30 closures and cutbacks at other com- I could not be prouder of how our they have the information they need munity papers. A year ago, the pa- team responded,” he said. “Commu- to fi le a claim.” April 2020 • The Tennessee Press • Page 5 Improving relations with city hall a two-way street A fi re chief was suspended with- regularly in the news should get news as they are to pushing for the today invited the city manager to out pay after taking his nephew, to know the players at the news- uncomfortable news. Developing explore ideas for meaningful cover- and another fi refi ghter off his shift, COMMUNITY paper beyond during only times of relationships is a two-way street. age of a budget that will be adopted for a joy ride on the city’s fi re boat. NEWSROOM confrontation. The process is never-ending, and months from now. Both individuals The city agreed to not voluntarily • Initiate coverage early: Lack of it’s best to take baby steps. So might be surprised at where the report the disciplinary action to the SUCCESS notice is a common reason for edi- here’s a starter. conversation leads, and – most newspaper. tors to turn down requests for news Nothing is more complex, and important – your readers stand to Three local fi rms were vying to coverage. Newsmakers should has a greater impact on taxpayers, be the ultimate benefi ciary. JIM PUMARLO become airport manager in what familiarize themselves with news- than a city budget. The document had become a contentious process. paper operations – their deadlines can take weeks to develop and be Jim Pumarlo writes, speaks and A committee, on a 4-3 confi dential Eagle. We were unabashed in our and resources. At the same time, the size of a mini book. Yet, most provides training on community vote, recommended the existing aggressive pursuit of . – often fully aware newspapers likely receive the newsroom success strategies. He is vendor to the city council, even We published full details, then of an event weeks in advance – budget a few days in advance of – author of “Journalism Primer: A though the proposal exceeded editorialized why readers deserved should not wait to be spoon-fed or even at – the meeting where it is Guide to Community News Cover- the low bid by $100,000 over the to know the facts. The reports stories. Both sides will benefi t from formally presented and adopted. age,” “Votes and Quotes: A Guide to fi ve-year contract. City offi cials generated far more coverage than if connecting early to explore sub- The result? Reporters, under the Outstanding Election Coverage” and defended the secret ballot on the authorities had simply released the stantive and fresh coverage. crunch of deadline, write a story “Bad News and Good Judgment: basis it was a sensitive issue. information from the start. • Do your homework: Nothing’s full of numbers with little interpre- A Guide to Reporting on Sensitive The two examples reinforce My advice is straightforward more frustrating than newsrooms tation. The report does not meet the Issues in Small-Town Newspapers.” the message of Sunshine Week, when coaching individuals and being pitched a story without really city staff’s expectations and, worse, He can be reached at www.pumarlo. which was March 15-21, an annual understanding its signifi cance. organizations on how to strength- means little to readers. com and welcomes comments and nationwide observance underscor- en media relations: Be prepared to The unfortunate result is that the Imagine the reaction if an editor questions at [email protected]. ing access to public information share the bad as well as the good individual or organization is dis- to promote open, effective and news, the sensitive as well as the satisfi ed with the coverage, and the accountable government. feel-good stories. A proactive stance newspaper misfi res on an import- New column digs into lesser-known “Freedom of information” too of- can reap long-term dividends. ant story. Sources should under- ten is posed as “us” versus “them.” The advice is equally appropriate stand they might have to educate Editors demand access to nearly for reporters and news sources, and reporters on complex subjects, and aspects of Tennessee history everything, and government says not just during Sunshine Week. reporters should do their research hands off to lots of information that Media and government do not in advance. SUBMITTED this,” he says, “but slavery was we argue is best revealed in the have to be adversaries. Newsrooms These tips serve the dual pur- February 28, 2020 made illegal in Tennessee not by interest of the public. should continue to press for the full pose of improving relationships the Emancipation Proclamation or Pursuing stories in the private menu of news. At the same time, with newsmakers and providing Army nurse Geneva Jenkins the Thirteenth Amendment, but by sector can be even more challeng- editors and reporters should be solid content for readers. spent three years during World War statewide referendum in February ing. Private organizations – for diligent in developing relationships Don’t be misled, however. II as a prisoner of war in a Japanese 1865.” sound reason – are not subject to with newsmakers who can be Despite the best efforts on both internment camp in the Philippines. Carey is the author of 15 Ten- the same laws as public bodies uncooperative in sharing “all the sides, relationships with newsmak- Today, there is nothing of note nessee History for Kids booklets which are used in public and private when it comes to meetings and news.” ers won’t always be rosy. Editors named for her in Sevier County, where she grew up. schools throughout the state. Since release of information. At the Here are three tips for reporters still will have legitimate reason to “Shouldn’t every child in that 2006, he has also been a monthly same time, there are arguments – and news sources to help break reject some requests, and reporters corner of Tennessee know about Ge- history for the Tennessee for example, both in terms of an down the barriers. still will meet resistance in their neva Jenkins?” says Bill Carey, who Electric Cooperative Association’s employer’s and a community’s best • Introduce yourselves: Re- pursuit of “bad” news. recently wrote his weekly history Tennessee Magazine. interests – that certain information porters will be most successful in In a nutshell, newsmakers must column about her. Some of his weekly history be shared. securing information – especially learn to volunteer the bad news Carey, whose website, booklets, columns are somber, while others We resolved to get the complete if the news is unfl attering from the and the good news. And news- books and columns on Tennes- are amusing. A recent column was stories in the two cases refer- other party’s perspective – if they papers – even in their roles as see history have been enjoyed by about why Tennessee’s northern enced above during my tenure as have established relationships with government watchdogs – must be thousands of teachers and students border isn’t a straight line. editor of the Red Wing Republican their sources. Likewise, individuals as receptive to covering the good throughout the last two decades, The fi rst three columns were began producing a syndicated offered free of charge. The fee is NEWS from Page 3 Kennedy’s father and mother, ly. Sam Delk Kennedy Jr. and his column for Tennessee’s small-town $10 per week for publication rights. Sam and Betty, took over lead- sister Elizabeth continue to own newspapers in January. If you would like more information old,” the 63-year-old Kennedy said. ership and management of the and manage the Lawrence County The column focuses on fascinat- about Bill Carey’s columns, email “When the family sold the newspa- newspaper in 1965. Betty’s father Advocate. ing events in Tennessee history that him at [email protected]. per in 1983, it was a good busi- John W. Finney and grandfather “We sold the paper, and I needed are not commonly known. Topics In 2004, Carey founded Tennes- ness decision, but it was diffi cult James I. Finney, were previous to make a living to send my chil- of the fi rst few columns included— see History for Kids, a non-profi t personally. It was very emotional. owners. They were inducted into dren to school,” said Kennedy, who among other subjects—why and organization that helps public I had just fi nished law school and the Tennessee Newspaper Hall worked for the local district attor- how 18 Tennessee counties have school teachers cover social studies was serving as general manager at of Fame after running The Daily ney’s offi ce and the U.S. Attorney’s moved their county seats from one in general and Tennessee history in the paper. Herald for more than four decades offi ce in Nashville. “I was a lawyer, town to another and whether Presi- particular. “Almost my entire life, I have and turning it into one of the state’s so I went to work as a lawyer for 35 dent Theodore Roosevelt really said Carey was a reporter throughout wanted to return to making a most infl uential papers. years or so.” (on a visit to Nashville in 1907) that much of the 1990s for the Tennesse- difference in my hometown,” he Sam Kennedy died in 2018; Betty Kennedy said the station Maxwell House Coffee was “good to an, Nashville Scene and Nashville- added. “I want the station to be in 2019. After selling The Daily would feature conservative talk the last drop.” Post.com (which he co-founded). involved in all aspects of life in Herald, they stayed in publishing, radio and unbiased local news. Carey’s column for the week of Bill Carey and Tennessee History Maury County and southern Ten- owning community newspapers in The Daily Herald, Columbia February 27 was about slavery in for Kids was an exhibitor at the 2020 nessee.” Lawrenceburg, Linden and Waver- March 7, 2020 Tennessee. “Very few people know TPA Winter Convention. Page 6 • The Tennessee Press • April 2020

TPA MEMBER COVERAGE SHOWCASE I: , Nashville Big dreams, small towns: A tradition on the verge TOM WOOD The Ledger, Nashville December 27, 2019 As of December 2019, (MLB) was planning to eliminate 42 of its 162 minor league teams, even after setting a minor league attendance record of 41.5 million in 2019. And while the AAA Nashville Sounds are safe from the proposed con- traction, teams in six communities are not. Tennessee is the state most affected by the proposal being spearheaded by MLB Commis- sioner Rob Manfred, which would Submitted photo take effect when the Professional AT&T Field in Chattanooga has been the home of the Lookouts since Submitted photo Baseball Agreement of Operations 2000. It replaced Engel Stadium, which served the team for nearly 70 expires following the 2020 season. Fans pack the stands at Joe O’Brien Field in Elizabethton to watch the Tennessee Class AA Southern years. A replacement for AT&T is being discussed. Minnesota Twins’ club. The park is about 9 miles League affected are: east of Johnson City in the northeast corner of Tennessee. discussions between MLB and its City) started their professional • Chattanooga Lookouts, an careers in Tennessee.” affi liate of the Cincinnati Reds minor league affi liates about the contracted – or any team, for that ing everything from upgraded The teams in Johnson City, • Jackson Generals, an affi liate future of , matter. We just have to trust the facilities to travel, from housing Greeneville and Elizabethon are of the Arizona Diamondbacks and since half of the Appalachian process. We’re going to plan for to low wages and a number of owned by Knoxville business- • Advanced rookie Appalachian League teams play in our region, the worst and hope for the best.” other issues – including a “Dream man and University of Tennessee League teams affected are: I want to be active in ensuring Allen and Jeremy Boler, vice League” that affected teams could interim president Randy Boyd. He • Johnson City Cardinals America’s pastime is preserved for president of Boyd Sports, points join. Such a league would feature • Greeneville Reds generations to come. also owns the Class AA Tennes- to the economic impact on the undrafted players and have some • “For that reason, I met with see Smokies. That team plays at cities if another slice of Americana fi nancial support from MLB. • Kingsport Mets Deputy Commissioner Halem to Smokies Stadium in Kodak, near disappears. They met at the 2019 Winter Tennessee lawmakers are discuss the concerns our commu- Sevierville, but there have been “The local communities would Meetings in December in San understandably hot about the Na- nities have with the potential loss preliminary discussions of moving all lose their baseball teams; all Diego, trading barbs and digging tional Pastime disappearing from of the Appalachian League and its it back to Knoxville. the employees, from the full-time in on their stances. communities. Some are taking impact on Northeast Tennessee. The four teams drew a com- staff to the game-day staff; let All the back-and-forth left many a wait-and-see approach, while I look forward to continuing on bined 432,506 fans in 2019, an alone to the players,” Boler says. “I of teams frustrated and trying to others have been more vocal. working to preserve baseball in average of 8,971 per game. Chris think they’re projecting 1,200-plus plan for an uncertain future. “I think minor league teams are the 1st District of Tennessee.” Allen, president and chief oper- players – and not just players, but “This is a huge blow for the state really important to our commu- ating offi cer of the Smokies and coaches and umpires, too. It’s a big of Tennessee. You’re talking about nities,” Gov. Bill Lee says. “Our Small-town USA Boyd Sports LLC., recently attend- shock to the system right now. almost from one side of the state to towns in this state that have minor ed the 2019 Winter Meetings in “Small-town USA deserves the other where this is going to af- league teams, both big and small, Beyond attendance and fi nan- San Diego and expressed hope that baseball just like everyone else,” he fect,” says Rich Mozingo, the pres- it’s a part of what makes the cial concerns, having a minor a solution will be negotiated that adds. “Dan Moushon, who is pres- ident of the Chattanooga Lookouts. uniqueness of those towns, so we league team can boost a city’s mo- is satisfactory to all involved. ident of the Appalachian League, He was named Southern League’s are very interested and will follow rale as residents follow the exploits “At the end of the day, both had all of us work on the ‘chari- executive of the year at the 2019 closely any change in the way mi- and dreams of athletes hoping to parties come into the room and table contributions’ report and, I Winter Meetings in San Diego. nor league baseball’s structured. It someday reach the highest level. they try to fi ght for what they think, well, I know, all 10 teams in “It’s not just one little spot here, matters a lot to us.” “A minor league team can be a want, and hopefully there will be the Appalachian League through so it’s a crushing blow for the state The MLB contraction proposal big deal to a small town, but most a compromise on both ends and various donations (and) in-kind of Tennessee. has been assailed by a number of of the players on a rookie-level everyone will get a little bit of gifting impacted their communities “But we’re all sticking to the Tennessee lawmakers, including team have little chance of making what they want and maybe lose a in excess of $2 million. same thing. It’s early in the pro- U.S. Rep. Phil Roe, one of several it to the major leagues,” says long- little bit of what they might have “That’s a considerable amount cess, and we’re going to have to let state politicians among 106 con- time fan Mike Morrow of Nash- wanted,” Allen says “That’s the of money in any part of the coun- this thing play out a little bit.” gressional colleagues who signed ville, who writes about baseball at way negotiations go, you know. try, but certainly in the Appala- The contraction proposal comes a letter opposing the proposal. tnprobaseball.com. “It’s a long, drawn-out process. chian League.” at the height of minor league Roe also met with MLB Deputy “Yet it is important for Tennes- . . . I don’t know where it’s going baseball popularity. Another Commissioner Dan Halem. see baseball fans to realize that to end. I certainly hope, consid- ‘Huge blow for attendance record – 41.5 million “The 1st District of Tennessee some big-name players, MVPs like ering we have three Appalachian Tennessee’ fans – was set in 2019. is home to four minor league Jose Altuve (Greeneville) and Joe League teams, that contraction is Lookouts co-owner Jason Freier baseball teams in the Appalachian Mauer (Elizabethton), a Cy Young not an option. I don’t know where The two sides of the contraction says he remains optimistic that the League – with a fi fth right across winner like Jacob deGrom (King- that’s going to fall. Certainly, I debate have been locked in what team will still be playing in Chatta- the border in Bristol, Virginia,” sport) and future Hall of Fame think it would be a sad day if has been described as intense Roe says. “There are ongoing (Johnson a large number of teams were negotiations, reportedly discuss- See BASEBALL Page 7 April 2020 • The Tennessee Press • Page 7

BASEBALL from Page 6 Don’t forget young fans nooga beyond the 2020 season. Retired Cincinnati Reds broad- “I mean, you see your name at- caster Marty Brennaman is against tached to potential contraction, you contraction, particularly because obviously need to be concerned,” of the effect it will have on small he says. “That being said, look- towns like Greeneville, which is ing at it from both a macro and a affi liated with the Ohio club. micro perspective, the concept just “The most important problem doesn’t make a lot of sense. So my it has that this is contrary to hope is, you know, sort of reason is fi nding ways to, one, attract and right prevail on this. youngsters back to the game – and “To me – whether you’re on I’m an old guy, so I remember how the major league side of things or it was when I was a kid,” says Submitted the minor league side of things Brennaman, who was to be guest – both of us want to be growing of honor at the Nashville Old Tim- Looie, the Chattanooga Lookouts’ Submitted photo the game of baseball, and how ers Baseball Association banquet mascot, might soon be looking for better to grow it than have teams Jan. 14. other work. Fans wait to enter TVA Credit Union Ballpark in Johnson City. in all these communities, provide “In the summertime, you get up opportunities for kids and families in the morning and play baseball tion, it was a familiar list because likely to sustain population loss 57. Well, this is where it starts. You to see games as they grow up? Get- all day, might come home for a lot of these are cities that I’ve and high unemployment. So what try to get young people involved ting rid of teams would be bad for lunch, might not, and at night you worked with over the last several I’ve said is that it’s great that Con- in it and enjoy this. And we would baseball, bad for the communities, listen to games on the radio – and years as they seek to overcome gress is stepping up in a bipartisan hate for it to happen. If it happens, for the fans.” by taking baseball away from economic challenges,” Eichenthal way to encourage Major League we’ll just do something else with Noting Chattanooga’s long histo- towns in the minor league, that’s says. Baseball to stay put when it comes our time.” ry of professional baseball, Freier going to eliminate or minimize or “We know there’s a lot of to these minor league cities. But Joel Westbrook, 13, who was says the Lookouts shouldn’t be reduce the amount of interest that economic literature that suggests there’s so much more that the born with spina bifi da, says losing on the list. “If you told me, ‘Hey, young people are going to have that building big new stadiums power of government needs to the Lookouts would be a huge teams are defi nitely going away, in this game that they’re working doesn’t necessarily help bigger do to help these places achieve letdown. it’s going to happen regardless of hard to get right now. cities with major league stadia, economic turnarounds.’’ “I was shocked. I was just real whether it makes sense or not’ “Baseball does a lot of things but there is actually reason to be- shocked. I was real sad,” says then it doesn’t make any sense for that just make me walk away lieve that minor league baseball Emotions Joel, a U.S. Karate Open champion Chattanooga to be among those scratching my head, believe me.” can be a real economic boost for who is also active in the Miracle teams,” Freier explains. Chattanooga businessman smaller cities. Johnson city resident Larry League baseball program in Chat- “Chattanooga is a great city, a David R. Eichenthal, managing “If the Major League Baseball Schmidt says the emotional attach- tanooga. He knows all the players, thriving and growing market. It’s director for PFM Group Con- plan goes forward and minor ment to smalltown teams translate coaches and team staffers. a place baseball should certainly sulting, who recently wrote an league baseball goes away from into big-league support that could “It is a shock. Yeah, my son want to be. Last year we were opinion piece on MLB’s contrac- these places, the economic impact go away. just loves going to the Lookouts named the Southern League tion proposal for The Hill, says could be quite real. And as I point “It would hurt the small towns. games,” mother Wendy West- Organization of the Year. We were commitments to new or upgraded out in the article that you refer- It would hurt towns such as brook says. “That’s what he’s in the top half of our league in facilities are the key to smaller ence, a lot of these cities have Johnson City and all the towns put on his Christmas list the last attendance. Chattanooga has a his- cities keeping their teams. already faced signifi cant economic in the Appalachian League,” says three years is season tickets to tory – over 130 years – of profes- “When I saw the list of the cities setbacks over the decades. Schmidt, 70. “The other thing is, the Lookouts. So we go all sum- sional baseball, which is close to and the teams that were the target “They disproportionally have and my wife touched on it, the mer. He’s the one that absolutely, unmatched across the country.” of Major League Baseball contrac- higher rates of poverty, are more average age of the baseball fan is really loves going.” 20 random things being a journalist has taught me Random thought: I’ve been a is a thing. 12. Little-known secret: Most hadn’t. journalist since 1980. For context, 6. It’s hard to balance a tele- famous people with an entourage 18. The key to surviving in that’s the year the Rubik’s Cube GUEST phone on our shoulder, type and are no smarter than you are. journalism — or any job — is to was invented. And Post-it notes. COLUMN ask questions all at the same time. 13. There’s a difference between fi nd out what your boss needs and My gosh, Post-it notes! My jour- Somehow, it was easier years ago objectivity and balance. Objectiv- do more of it. nalism career is older than paper with a cigarette in my mouth. ity is elusive, but if you don’t con- 19. There used to be more re- and glue. 7. Some people would rather stantly strive for balance, you’ll porters and fewer Let’s see, I must have learned spot a typographical error in a eventually stagger and fall down. professionals. Some day there will MARK KENNEDY something in these 40 years worth newspaper story than fi nd a $100 14. Black Friday is overrated. I be just one reporter, and every- passing down to my kids. OK, bill on the sidewalk. Well, me too. worked 30 Black Fridays in a row, body else will be in PR. Then, here’s a thought experiment. I’m as important as the lead. 8. Deadlines are not scary. yet I still have not managed to fi nally, the sides will be even. going to quickly write down 20 3. If you keep quiet and nod Realizing you don’t have a pen or acquire a memory foam pillow. 20. News used to end at the things that I’ve learned by being your head, people will tell you paper at a news scene is scary. 15. The best reporters have bottom of the page. Now it just a journalist. Deep breath. Ready. interesting stuff. 9. A newspaper should cost the crumbs under their desks. scrolls forever on your phone. This Set. Go. 4. It’s a myth that most Amer- same as a really good muffi n. 16. Years ago, I’d spent hours in is not right. 1. I was writer/reporter for 12 icans don’t like to talk about them- 10. I can tell you in 1.5 seconds a library looking for the answer years before I was allowed to selves. If you don’t believe me, ask if a telephone caller is crazy. to “What happened in 1980?” The Mark Kennedy is a columnist for express an opinion in public. That them. 11. Strong coffee is to writing as is a good thing. the Chattanooga Times Free Press. was a good thing. 5. Writer’s block is not a thing motor oil is to the internal com- 17. Most reporters who leave the Contact him at mkennedy@times- 2. The eraser on a pencil is just in journalism. An empty notebook bustion engine. business at some point wish they free press.com. Page 8 • The Tennessee Press • April 2020

OBITUARIES Thomas ‘Thom’ Gregory where most of Gregory’s family Elton C. Hatley Capps Hatley. In addition to his in the newspaper’s mailroom. lives. In high school, Gregory parents, he was preceded in death King loved working with ge- Thomas “Thom” Gregory, 56, met Clifton and his future wife. Funeral services for Elton Capps by his wife of 67 years, Joan Travis nealogy and was a past member unexpectedly passed away from a Gregory’s family owned a farm in Hatley, age 87, of Camden, were Hatley; a daughter, Dana Baker, a of D.A.R. and a member of the heart attack on Sunday morning, the small community, but instead held March 18, 2020 at 3 p.m., in grandson, Ryan French, and two Chester County Historical Society. March 8, 2020, in Knoxville, where of taking over the family business, the chapel of Plunk Funeral Home sisters, Wynell Hatley and Sara She was born he lived with his wife, Lisa. Gregory started working at a local of Camden with Kay Dowdy. He is survived by two Oct. 26, 1932 in Gregory was print shop. Clint Burnett daughters, Rhonda Ashby and Lisa Chester County, a USA TODAY He went to college at Western offi ciating. (Dennis) Richardson, both of Cam- the daughter of Network region- University and earned a Burial followed den; a sister, Rebecca Franke, of the late Hallie al director and degree in mathematics with a mi- in the Eastview St. Petersburg, Fla.; and a brother, Tenry and Myr- general manager nor in physics. He started working Cemetery. Kenneth Hatley, of Camden; fi ve tle Lavon Peddy of the Knoxville for Gannett in 1990. Mr. Hatley grandchildren. Stanfi ll. She News Sentinel’s “To him, it was all math,” his passed away Magic Valley Publishing, attended schools printing opera- wife, Lisa Gregory, said. “Laying Monday, March Camden King in Chester Coun- tion. He worked out the paper was about numbers, Hatley 16, at Camden March 24, 2020 ty and was a Gregory for Gannett at so it came easy.” Healthcare and 1950 graduate of Chester County various Tennes- Gregory spent about 25 years Rehabilitation. He was co-owner Lee Nell Lurlene Stanfi ll High School. see news operations for nearly of his career at The Tennessean of The Camden Chronicle and The She married Lloyd Houston King 30 years. Just a couple of days in Nashville. In 2017, he moved Carroll County News-Leader from King on Aug. 18, 1951 in Corinth, Miss. earlier, Gregory was hard at work with his wife to work in Jackson, 1983-2000. He served in the U.S. Lee Nell Lurlene Stanfi ll King, They were married 67 years when as always, ensuring that whatever Tennessee, at . He Army and was a retired shift engi- 87, of Henderson passed away he passed away on Jan. 15, 2019. was printed was of the highest took over operations at the Knox- neer at the New Johnsonville TVA Wednesday morning, Feb. 12, She was a retired dietician for quality. ville News Sentinel in May 2019. plant. He was a member of the 2020, at Henderson Health & the Chester County Junior High “It’s hard to put Thom into He is survived by his wife of 34 Camden Church of Christ, Camden Rehabilitation Center. School, a member of the Mt. words,” Tony Clifton, his longtime years, Lisa Gregory, and his two Lions Club, NRA, Camden Elks She was the original writer of Pleasant Methodist Church and a friend, told Knox News. “He was a daughters, Jennifer and Amanda Lodge, and a Mason. the New Friendship Community cancer survivor. good, hard-working country boy.” Gregory. He was born at home in Morris News in the Chester County In- Chester County Independent, Gregory and Clifton went to Chapel on Sept. 14, 1932 to the dependent and held that position Henderson school together in Franklin, Ky., March 12, 2020 late Roscoe Hatley and Willie Mae for many years. She also worked Feb. 20, 2020

TRACKS McCutcheon retires from ‘good’ music,” he Carney leaves said, shaking his Post-Intelligencer head. “The own- Times-Gazette Bill McCutcheon has been a er had a thing Editor’s note; the following constant presence, often with that, if it had a fi rst-person account by Carney was a camera or microphone in his guitar in it, it’s edited to fi t this space. hands, at community events in not good music.” A few days ago, I did something Henry County for years. Now, He refl ects now I haven’t needed to do for 34½ that chapter has come to an end. that although years. I signed up McCutcheon started the new year McCutcheon he studied radio for a subscription retired, and end his time at The and television to the Shelbyville Post-Intelligencer, Paris and his broadcasting as a college student, Times-Gazette. time as a reporter, in the past. he wishes he concentrated more I’ve never McCutcheon says he was on newspaper reporting. needed a sub- destined to be in the newspaper “I’ve had some good memories scription because business. When he was a child here,” he said, struggling to choose I was usually living on East Blythe Street, he a favorite. “Starting off working for here when the was given an old Royal typewriter. Mr. Bill (Williams) was good.” Carney presses rolled, “I produced the East Blythe Street McCutcheon covered the Paris and I could grab News for the neighbors. I made city government beat, the Henry one right out of fi ve or six carbon copies of each County Highway Commission, and room if I needed to, while edition and delivered them,” he the city governments in Puryear the ink was still warm. remembers. Later, while attending and Cottage Grove. In addition to Now, though, I’ll be reading Grove High School, he was made his beat, he’s served as a photog- the T-G, online and in print, as a editor of The Comet, the school pa- rapher for the paper as well as the customer rather than an employee. per. He would stay in that position main photoshop editor. Just this I’ve accepted a job with Bedford through his senior year. past year, McCutcheon brought County government, and Friday, When he started school at the home a fi rst-place award for Best March 6, was my last day in the University of Tennessee at Knox- News Photograph from the Ten- T-G newsroom. ville, he worked at WUOT campus nessee Press Association. I was not looking to leave; the radio. “When I was at Knoxville The Paris Post-Intelligencer I worked at WROL there. I played Dec. 31, 2019 See TRACKS Page 10 April 2020 • The Tennessee Press • Page 9

Newsrooms win Big Pharma lawsuits These TPA members served as JOEL CHRISTOPHER lawsuit against AmerisourceBer- accused the companies of inten- judges for the Georgia Press Knoxville News Sentinel gen — an opioid distributor with tionally fueling the opiate epidemic Association’s News/Ed Contest in December 23, 2019 $167 billion in annual revenue. with false claims about its safe uses March. We thank you for your time Tennessee Attorney General and addictive properties, offering The USA TODAY Network in and assistance, which supports Herbert L. Slatery III contended addicts coupons, pushing doctors Tennessee, led by its Knoxville TPA’s Contests! in a lawsuit fi led in Knox County to boost opiate prescriptions and newsroom, has won three consec- Circuit Court that the company conning the FDA with fake science. utive protective-order suits against Judge Newspaper fl ooded the market with opiates, Purdue’s owners have since Big Pharma over the past two ignored red fl ags of abuse, helped sought bankruptcy protection. The Christy Armstrong Cleveland Daily Banner years, the most recent coming in Zachary Birdsong The Tullahoma News December 2019. pharmacies avoid regulatory scru- Endo case is pending. The victories allow the Tennes- tiny and deliberately oversupplied “The News Sentinel is not a Liz Buttermore Houston County Herald see newsrooms to shed light on pharmacies in opioid “hot spots.” shrinking violet,” Hollow said. James Clark Southern Standard The company’s attempt to block “(Former editor) Jack McElroy and the multibillion-dollar companies Clint Cooper Chattanooga Times Free Press that have pumped deadly opioids the public release of the lawsuit (current editor) Joel Christopher get into Tennessee, fueling an epi- failed. Separately, the News Sentinel out there and aren’t afraid to take a Vanessa E. Curry Tennessee Tech University demic of drug addiction that has successfully fought similar efforts risk. We could’ve gotten our nose Brian Cutshall The Greeneville Sun for secrecy by Big Pharma in 2018 bloodied in any of these cases.” ravaged the state. Frank Daniels III FW Publishing “The News Sentinel has shown when Slatery’s offi ce slapped opioid Tennessee Attorney General Krista Etter Grainger Today courage and determination in makers Purdue Pharma and Endo spokesperson Samantha Fisher their support of the people’s right Pharmaceuticals with legal action. said it is well documented that Marcus Fitzsimmons The Daily Times to know,” said Richard Hollow, “There isn’t a single issue this opioid manufacturers, distributors Dave Flessner Chattanooga Times Free Press past decade that has more pro- and pharmacies signifi cantly con- a lawyer for the USA TODAY Mary Fortune Chattanooga Times Free Press Network - Tennessee newsrooms. foundly impacted Tennessee and tributed to the state’s opioid crisis. “These types of steps are not taken Tennesseans — our friends, our “Tennesseans should be able to J. Todd Foster The Daily Times every day. neighbors, our communities — read it for themselves, a right of Don Foy Herald-Citizen “From what I have seen, I have than the opioids crisis,” said Mi- open access to our courts guaran- Carrie Frye Friend of TPA not (found) a situation where any chael A. Anastasi, vice president of teed in the Tennessee Constitu- Kaitlin Gebby Cleveland Daily Banner news organization has gotten news for the USA TODAY Network tion,” Fisher said in a statement. three successive stays lifted,” he in Tennessee. Tennessee logs more opiate pre- Alison Gerber Chattanooga Times Free Press continued. “These legal victories represent scriptions per capita than any state Nathan Gomillion Pulaski Citizen In mid-December, a Knox our steadfast commitment to fi ght in the nation except West Virginia. John Gullion Citizen Tribune County judge ruled in favor of the for the people’s right to know, now In just two years, Tennessee phar- Knoxville News Sentinel to release and into the future.” macies fi lled 12 million prescrip- Daniel Guy Cleveland Daily Banner the documents from the state’s The attorney general’s lawsuits tions for opioids. Autumn Hughes Cleveland Daily Banner Mark Kennedy Chattanooga Times Free Press VASS from Page 1 to give the best, most up-to-date be far worse off for it. Ken Leinart The information about the coronavi- In a weak moment, I snapped at Cary Jane Malone Pulaski Citizen timely information as the com- rus; most papers have taken down a friend who complained about the munity began to assess what lies paywalls so that more people can media hype about COVID-19 and Brad Martin Hickman County Times ahead. (For more details about the access our comprehensive, trusted having to “pay” for news. I asked Brooke McCain Brownsville Press Herald-Citizen’s coverage of the information. her where she got her information. Chris McCain Brownsville Press tornadoes and their aftermath, see In times of a national emergency, Her response? Facebook. Any Matt McClane Chattanooga Times Free Press The Tennessean story atop page 1.) natural disasters, major events, credible sources in her feed? She “It’s been exhausting. On one etc., removing paywalls is mission didn’t know; she doesn’t look at Angie Meadows Smithville Review weekend, all we did was cover critical. It is morally, ethically, pro- sources. I told her to use David Melson Shelbyville Times-Gazette fessionally right to do so. Essential. Free Press website for accurate, funerals,” he said. Pamela Mirabella Camden Chronicle The Herald-Citizen will focus on Vital. timely information, then urged her tornado recovery and the storms’ Readers clamoring for infor- to subscribe. She was taken aback Heather Mullinix Crossville Chronicle human and community impact on mation, explanation and for how that yes, it costs money to do what Shirley Nanney Carroll County News Leader Putnam County in coming weeks to help, all seem to be eager to we do, and that if she values our Rick Norton Cleveland Daily Banner and months, while joining all consume and share what we have product (whether it’s free today and Jason Perry Roane County News papers in offering readers what they to offer. And that means they see not tomorrow), she should show need to know about the coronavirus value in our product. her support with a check. Jonathan Pillow Brownsville Press and its impact on residents, busi- But if you value something, It is my hope that people, like Robin Rudd Chattanooga Times Free Press nesses, schools and government. shouldn’t you pay for it? Hand my friend, will embrace the value Tim Siniard Cleveland Daily Banner It’s our commitment to this level sanitizer has value right now. So of our mission and will come to of passion for journalism, to telling do toilet paper and face masks. support the idea that wide and Mike Sisco The Daily Times our community stories, to hold- People truly need those things. But deep support for a healthy newspa- Pam Sohn Chattanooga Times Free Press ing government accountable that I don’t see Target or Walmart giv- per is how all of our communities Gwen Swiger Cleveland Daily Banner builds trust with our readers. And ing them away for free. One of our will thrive. Chris Vass Chattanooga Times Free Press that has value. Well, it should. greatest strengths as an industry We are making our case right We do this important work also is our greatest weakness. We now. Rob Walters Bristol Herald Courier even though our economic model will always, always do what’s right Sam Watson Johnson City Press looks less and less capable of even if it isn’t what’s profi table. If Chris Vass is president of the Ten- Tracey Wolfe Grainger Today supporting it. the economic models make that nessee Press Association. Email her All of us are working like mad untenable, our communities will at [email protected] Page 10 • The Tennessee Press • April 2020 Laugher headlines to enjoy . . . and avoid at all costs Editor’s note: Ed Henninger Teacher strikes idle kids If strike isn’t settled quickly, it Henshaw offers rare opportunity recently retired after 30 years as a BY Reagan wins on budget, but may last a while to goose hunters newspaper design consultant. This more lies ahead Cold wave linked to temperatures Women’s movement called more column, originally published in the DESIGN Squad helps dog bite victim Enfi els couple slain; Police sus- broad-based October 2016 edition of The Tennes- Shot off woman’s leg helps Nick- pect homicide see Press, is reprinted here with Ed’s Antique stripper to display laus to 66 permission. March planned for next August wares at store ED HENNINGER This month, we’re taking a Enraged cow injures farmer Blind bishop appointed to see Fund set up for beating victim’s break from design thinking, de- with ax Lingerie shipment hijacked-- kin sign approaches, design instruc- Plane too close to ground, crash thief gives police the slip Cancer society honors marlboro passengers should be belted probe told tion, design evaluation, design L.A. Voters approve urban re- man critici . . . well, you get the idea. Drunk gets nine months in Miners refuse to work after death newal by landslide Nicaragua sets goal to wipe out Instead, we’re gonna take a look violin case Juvenile court to try shooting Patient at death’s door--doctors literacy at what I call “laugher headlines.” Survivor of siamese twins joins defendant pull him through Having written at least a few of Autos killing 110 a day—let’s parents Stolen painting found by tree Latin course to be canceled--no these during my time on a copy resolve to do better Farmer Bill dies in house Two Soviet ships collide, one dies interest among students, et al. desk years ago, I can understand 20-year friendship ends at altar how these happen. Some appear Iraqi head seeks arms 2 sisters reunited after 18 years Diaper market bottoms out Cold wave linked to tempera- to have been written this way on in checkout counter Croupiers on strike--manage- Stud tires out tures purpose, with someone’s tongue Killer sentenced to die for sec- ment: “no big deal” Prostitutes appeal to Pope placed fi rmly in cheek. That ond time in 10 years Stadium air conditioning fails-- Half of U.S. high schools require doesn’t make them any less funny. Panda mating fails; Veterinarian Never withhold herpes infection fans protest some study for graduation takes over Take a look: from loved one Queen Mary having bottom Blind woman gets new kidney Police begin campaign to run Soviet virgin lands short of goal Drunken drivers paid $1000 in scraped from dad she hasn’t seen in years down jaywalkers again ’84 Something went wrong in jet Feel free to share all—or any—of Safety experts say school bus Eye drops off shelf War dims hope for peace crash, expert says these.

TRACKS from Page 8 He married a woman whom I Morning in America time for NLRB management seem to recall had been his home As I write this, I am in San Juan, to see the current NLRB giving it county approached me about a job health nurse. Puerto Rico, attending the Amer- renewed vitality. that seemed to fi t my abilities, and Thanks to everyone for your sup- ican Bar Association’s Committee LEGAL 2. Quickie Election Rule - In my I agreed it was a good match. Still, port and kind words over the years. Meeting on Practice and Procedure UPDATE last column for SPPI, I described it’s scary to give up the place I’ve Shelbyville Time-Gazette under Labor Relations in detail the modifi cations to the worked since a year after college. March 7, 2020 Act. I am a long-standing member Quickie Election Rule that will ben- Someone asked me the other day of that committee. Listening to the efi t employers. (See page 11 of the about the most memorable story L. MICHAEL ZINSER presentations, I am reminded that February 2020 edition of TTP.) I’d covered during my time at the now is a great time for manage- 3. Employer-owned Email Com- paper. The one that always sticks Free webinars ment with the new composition of a case involving the Hearst Corpo- munication System – In Caesar’s in my head was the story of the the National Labor Relations Board. ration. Appalled at that decision, Entertainment, the NLRB over- late Ed Clark, from back within a for TPA members The NLRB is a political animal. Its Congress added an express exclu- ruled a case called Purple Com- year or two of me starting at the fi ve members are appointed by the sion for independent contractors. munications. In the new case, the newspaper in 1985. April 9 President of the . If In a new case called Super Shuttle NLRB held that employees have Ed Clark became one of the Around the Newspaper the President is from the Democrat Inc., the NLRB reversed its earlier no right to use employer equip- greatest photographers for Life Party, three of the fi ve members FedEx decision. Key in this new ment, including email, for Section magazine in its heyday. Ed pho- Legal World in 60 will be Democrats. If the President decision is recognizing the impor- 7 purposes. The only exception tographed Sen. John F. Kennedy Minutes is a Republican, three of the fi ve tance of entrepreneurial opportuni- would be that rare circumstance peeping at infant Caroline Kenne- members will be Republican. The ty. The FedEx case had discounted where an employer’s email system dy over the edge of her bassinet. current board majority is com- He photographed Marilyn Monroe April 23 that. Entrepreneurial opportunity is furnished the only reasonable posed of Republicans of impeccable and Jane Russell on the set of the opportunity of an independent means for employees to communi- Twitter: More than management backgrounds. It truly “Gentlemen Prefer Blondes.” contractor to contract with multiple cate with one another. is “morning in America” for man- In the early 1960s, however, Breaking News companies to do business. It is the The NLRB looked back to its agement at the NLRB. 2007 Register Guard decision, Ed Clark lost his vision due to opportunity that is important. That Some of the key management vic- which held that an employer’s cataracts. He had to give up his Register at is what Super Shuttle Inc. decided. tories summarized are as follows: communication systems, includ- photography career. By the early www.OnlineMediaCampus.com Of specifi c interest to the newspaper 1. Independent Contractor Sta- ing its email system, are its prop- 1980s, though, cataract surgery tus – Independent contractors are industry is the fact that the new erty. Therefore, employers have a allowed Clark to regain his vision Contact [email protected] excluded from the NLRA by the case singled out St. Joseph News- property right to control the use and begin taking photos again. for the coupon code. Taft Hartley amendments adopted Press, a case holding that home of those systems. The NLRB noted When I did my original story in 1947. Those amendments were delivery, single copy, and bundle on him, he was still living in that decades of NLRB decisions Your TPA code gives you adopted in direct reaction against hauler carriers are independent hold that there is no right to use Maryland, but a few years later, he a U.S. Supreme Court decision that contractors under the NLRA. I was employer-owned televisions, bul- moved home to Tennessee, where access to more than 200 allowed independent contractor lead counsel in the 2005 St. Joseph he lived in Nashville and had dark- archived webinars. newspaper carriers to unionize in News-Press victory, and I am glad See ZINSER Page 11 room privileges at Nashville Tech. April 2020 • The Tennessee Press • Page 11

ZINSER from Page 10 trons use the cafeteria, notably the the plans and the union had at no extensive Obama era standard landscape advanced by the Trump nearby employee’s friend who was time tried to bargain about those established by the NLRB in 2015. Administration. In January 2020, letin boards, copy machines, tele- not removed. This new case gives changes. This long-standing past The new rule takes effect April the U.S. Department of Labor re- phones, or public address systems. further vitality to an employer’s practice validated the right to make 27, 2020. Under the new Rule, leased its own Joint Employer Rule Bottom line, the NLRB held that property right to exclude non-em- the unilateral changes. a business is considered a joint that reduced potential liability for vi- an employer does not violate the ployee union organizers. 7. Union Dues Checkoff – In a employer of another entity’s em- olations of the Fair Labor Standards NLRA by restricting the non-busi- 6. Management’s Right to Make December 2019 case, the NLRB ployee if it has “substantial, direct Act. The EEOC is also expected to ness use of its IT resources absent Unilateral Changes – In a new held that the employer lawfully and immediate control” over the release new rules limiting the scope proof that employees would case, MV Transportation, the ceased checking off and remitting most signifi cant elements of a of joint employer liability under otherwise be deprived of any rea- NLRB changed its standard when dues unilaterally following con- worker’s job, including discipline, federal anti-discrimination law. sonable means of communication determining whether an employ- tract expiration. This is a return hiring or fi ring. The old standard This is good news for newspaper with each other. In this age where er’s unilateral action is permitted to the Board’s 1962 decision in made it possible for a business to publishers with a distribution model virtually every employee will have by a Collective Bargaining Agree- Bethlehem Steel. be deemed a joint employer if it that utilizes large distributors. In a free account with Gmail, Twitter, ment. The Board’s new standard is The Board ruled that payroll exercised indirect control or had the event the newspaper carriers Facebook, and Instagram, it is called the Contract Coverage Test. deduction of union dues (checkoff) the ability to exert control over of a distributor would be ruled to clear employees will have many In applying this test, the NLRB is purely a creature of contract. So the worker, regardless of whether be employees, the new Rule would alternate means of communication will examine the plain language long as the contract itself does not control was in fact exercised. make it very diffi cult for the NLRB with each other. I was the lead of the agreement, applying ordi- provide otherwise, the obligation to The new Rule reduces the risk of to prove that the newspaper carriers counsel for the newspaper in the nary principles of contract law, to deduct dues ends with the contract. litigation and liability for businesses were employees of both the distribu- 2007 Register Guard victory. I am determine whether the employer’s The Board also characterized the that rely on franchisees and sub- tor and the publishing company. glad to see its reinstatement as an action falls within the “compass or cessation of checkoff as a valid eco- contracted workers and effectively important case recognizing private scope” of the contractual language nomic weapon to exert pressure in eliminates any responsibility for L. Michael Zinser is president property rights of employers. granting the employer the right to a bargaining dispute and observed such businesses to bargain with of The Zinser Law Firm, P.C., in 4. Confi dential Workplace act unilaterally. We now look to that it is not the Board’s role to franchise or subcontracted workers. Nashville, Tenn. He can be reached Investigations – In December see whether the contract covered disarm parties of their weapons. The NLRB’s new Rule is one more at 615.255.9700 and zinser@zinser- 2019, in a case called Apogee the disputed unilateral change (or 8. New NLRB Joint Employer part in an evolving, pro-employer law.com. Retail, LLC, the NLRB held that covered it, if the disputed change Rule - On February 25, 2020 the investigative confi dentiality rules was made during the term of an NLRB released a fi nal version of limited to the duration of an open agreement that has since expired). its new Joint Employer Rule. This investigation are lawful. This case This case stresses the importance Rule limits the circumstances in overruled an earlier case which of the negotiation of good, detailed which businesses that use employ- had held that such confi dentiality management rights articles. ees hired by third parties can be rules had to be addressed on a In another new case, the NLRB required to bargain with em- case-by-case basis. The new Board ruled that a union clearly and un- ployees of those third parties and decision recognized the important mistakably waived its right to bar- held jointly liable for violations of interest of employers in providing, gain over changes to medical plans. Federal Labor Law. This new Rule and of their employees in receiv- The NLRB based its decision on is part of the Trump Administra- ing, assurances that reports of the parties’ past practice. For years, tion’s effort to limit joint employer incidents of misconduct or other the employer had made numerous liability under Federal Employment dangers will be held in the strict- uncontested unilateral changes to law. This Rule rolls back a more est confi dence by all concerned, management and workers alike. Such confi dentiality rules preserve the integrity of the investigation. Thank You for supporting TPA 5. Private Property Rights Rec- ognized – In another new case, the NLRB overturned prior Board law judges of the Georgia Press and held that an employer lawfully ejected, from its hospital cafeteria, Ad Contest! non-employee union organizers engaged in promotional activity, Carol Daniels Tennessee Press Association rejecting the argument that permit- Earl Goodman Tennessee Press Service ting another patron who was a mere friend of an employee to remain, Billy Kirk Kingsport Times News demonstrated discrimination. The Neva Lang Peters Roane County News NLRB noted there was no evidence the employer had permitted any Sara Jane Locke The Herald-News solicitation or promotional activities Sheena Meyer Cleveland Daily Banner in the cafeteria, and in fact, the employer had a practice of removing Judy Sisk Pulaski Citizen other third parties who engaged in Lynette C. Wagster Weakley County Press promotional activities, including solicitation and distribution, in or Artie Wehenkel The Greeneville Sun near the hospital cafeteria. The Roger Wells Herald-Citizen This First Amendment print and digital ad campaign is Board considered the organizers Joi Whaley The Daily Times conduct-sitting at tables displaying available to your newspaper. Customizations are off ered. organizational fl yers and union pins Daniel Williams The Paris Post-Intelligencer Contact Ken Paulson, director of the Free Speech Center at while discussing the organizing Diandra Womble Shelbyville Times-Gazette Middle Tennessee State University, at ken.paulson@mtsu. drive with employees-to be inconsis- tent with the manner that other pa- edu for access to the collection of 1 for All ads. Page 12 • The Tennessee Press • April 2020 Harassment bill regarding public records access fails on a 5-4 vote A bill that would allow a gov- “I know those few or three we boro, and Sen. John Stevens, conduct would have to meet four ernment entity to petition a court have talked about in the counties R-Huntingdon. Stevens initially criteria: for an injunction against someone TCOG that this would be directed to, indicated problems with the bill • The request had to be “made who was using the public records but I can imagine other situations but appeared to change his mind in a manner that would cause a process to harass government em- where it would catch up innocent after testimony. reasonable person, including a ployees failed in a Senate commit- citizens,” she said. Joining Bell and Kyle voting records custodian or any staff of tee in mid-February.. against the bill were Sen. Jon the public entity in control of the The harassment bill, sponsored DEBORAH FISHER Haile says problems will Lundberg, R-Bristol; Sen. Katrina public records, to be seriously by Sen. Ferrell Haile, R-Gallatin, continue if not addressed Robinson, D-Memphis and Sen. abused, intimidated, threatened, or arose last year after reports of a a safe harbor for the media, for Todd Gardenhire, R-Chattanooga. harassed;” man who city offi cials in Gallatin commercial and academic purpos- Haile told the committee he Lundberg said he “worried about • The conduct had to “in fact” and others believe is abusing the es, and for people investigating thought, after working on the bill fi xing one problem and creating a seriously abuse, intimidate, threat- process and wasting government government operations for a public for two years, that it now protected hundred others.” en or harass the person; time through multiple and volumi- purpose, it could still be used citizens, even those who were irri- The amended bill contained sev- • The requests had to be deter- nous requests with seemingly no against others. tating to local government. He also eral provisions that Haile added at mined not to be made “for any purpose. “I’m concerned about the person said he trusted the judicial system the suggestion of TCOG, Tennessee legitimate purpose”; and Haile amended the bill, work- who would be the political gadfl y. in preventing the law to be used Press Association and the Tennes- • The requests had to be “made ing with stakeholders including I know one of those back home. wrongly against citizens. see Association of Broadcasters. maliciously.” Tennessee Coalition for Open And I think you could probably “If you’re going to address this, The fi nal version allowed a Legitimate purpose, which was Government, which eventually ask people in local government you have to have some compro- government entity to seek an not defi ned in the original bill, was supported the amended version of and they would say his activity mise and get to some places that injunction to prevent a person defi ned in the amendment as: the bill. might constitute harassment you might be uncomfortable with. found to be harassing government (1) Publication or broadcast by a Haile characterized the bill as under your bill. And I just see But one of the places that I’m from making requests for up to person engaged in gathering infor- an “anti-bullying bill” and told someone who literally wants to comfortable with is the judges, the one year. During that period, the mation for publication or broadcast the committee that “this is not know how government operates,” judicial (system).” person could petition the judge to connected with or employed by intended whatsoever to interfere Bell said. “Freedom is messy … “We’re going to continue to have make requests. the news media or press, or who is with honest inquiries concerning but that comes with having open these problems if we don’t address The proposed legislation independently engaged in gather- our government.” government.” it in some way,” Haile said. required a government entity to ing information for publication or However, after almost nearly an Sen. Janice Bowling, R-Tullaho- inform the person in writing the broadcast; hour of questions and testimony, Kyle warns against ma, supported the bill, and said specifi c conduct that it believed (2) Using the information for a the Senate Judiciary Committee harassment as defi ned in the bill constituted harassment, and only commercial purpose or for aca- voted 5-4 against the bill. slippery slope was like obscenity. “You know it if that conduct continued could demic research; and Committee Chairman Mike Bell, Sen Sara Kyle, D-Memphis, also when you see it.” the government entity petition the (3) Investigating or evaluating R-Riceville, said he appreciated voted against the bill. She said she In addition to Bowling, other court for an injunction. government operations for a public what Haile was trying to do, but thought the harassment defi nition senators voting for the bill were For a judge to fi nd that a person purpose. he could not vote for the bill. He was “too subjective” and “we’re Sen. Kerry Roberts, R-Springfi eld, was harassing government with The bill also required the gov- noted that while the bill created going down a slippery slope.” Sen. Dawn White, R-Murfrees- public records requests, the ernment entity to fi le a copy of its petition with the Offi ce of Open Records Counsel, as well as any orders from the judge. The Open TPA Foundation Records Counsel was charged grant applications with including information about the actions in its annual report due April 15 to the General Assembly, and to The Tennessee Press Association the Advisory Committee on Open Foundation is accepting grant appli- Government. cations for consideration at its sum- Finally, the bill had a repeal date mer meeting. Contact cdaniels@ of 2024. tnpress.com for the application. Pope testifi es that his offi ce re- ceives complaints about requesters Open Records Counsel Lee Pope testifi ed that he has received inquiries from county and city Free webinars attorneys asking how to deal with people who came in daily demanding public records. He said for TPA members he did not know of any mech- anism in the law to give them April 9 relief, though he later mentioned Newspaper Legal World in some cases the offi ce suggest getting a restraining order. Register at www.OnlineMediaCampus.com Deborah Fisher is the executive Contact [email protected] director of the Tennessee for the coupon code. Coalition for Open Government. This blog was originally posted by TCOG Feb. 23, 2020.