Posts Tagged ‘West Virginia’


Anatomy of a reporter’s arrest in Virginia

Why did Shareblue Media reporter Mike Stark get arrested while covering a parade in Fairfax County, Va.? It depends who you ask and what you see and hear on a video.

A video shows much of what happened, although only parts of the conversation are audible:

What else happened? What does the video not show? What led to this confrontation between Stark and the police in the first place?

Col. Edwin C. Roessler Jr., the chief of the Fairfax County, Va., police department, explained the arrest on Tuesday in a press conference broadcast through Facebook live.

He said Stark’s profanity, at a family event, triggered the arrest. (Public profanity is illegal in Fairfax County.)

As video of the arrest shows, shortly after Stark says “Fuck this,” an officer raises his hand, as if to signal to another officer to arrest Stark.

The confrontation up to that point seems to center on whether Stark is getting out of the road, as directed by police. You can see Stark argue, but also step back once, then again, reaching a point that seemed to be off the street. But the argument continued, Stark swore and police arrested him.

I summarized more of Roessler’s comments about the arrest here, including the idea that officers didn’t know Stark as a reporter — just a guy in a hooded sweatshirt.

Roessler said he didn’t see anything improper from his officers in carrying out the arrest, but an internal affairs bureau is investigating because force was used in the arrest.

Did the police need two officers to take Stark down to the ground and six to subdue and monitor him while he was on the ground, with multiple officers on top of him? Roessler said Stark was a “passive resister,” not fighting back, but tensing up and not complying.

Stark said in an interview that he was scared he might be hurt when officers forced him into a fence during the arrest. He also said he was trying to put his cellphone in his pocket, putting him in an awkward position, with his arm pinned, after he was tackled, unable to follow police orders.

“This was violent,” he said of the takedown and arrest, “but it wasn’t brutal.”

Stark was charged with disorderly conduct and fleeing from law enforcement, which are misdemeanors. He is free on $3,000 bail and is due in court on Jan. 16.

‘Cat and mouse’ advocacy journalism

Stark (from Fairfax County Police Department)

Stark talked to SPJ by phone on Wednesday to explain his actions, but also express regret for how he handled his encounter with police. Still, he is optimistic that the charges will be dropped.

First, though, he explained the backstory that got him to that point.

Stark doesn’t hide that he is a partisan reporter without formal training, doing advocacy journalism for Shareblue Media, which says it produces “practical, factual content to delegitimize Trump’s presidency, embolden the opposition, and empower the majority of Americans to fight.”

For several weeks, Stark has been following around Ed Gillespie, the Republican candidate in Virginia’s gubernatorial election, which is Tuesday.

In September, Stark paid $150 to attend a Gillespie fundraiser. A week later, he went to a town hall meeting and got to ask Gillespie a pointed question.

Gillespie’s campaign caught on and had Starks removed from the next event.

Stark said he realized he would not get an easy chance to confront Gillespie again. Nonetheless, he followed the candidate around, filming himself calling out questions on a few topics he considered important.

Stark said he became more aggressive with his questioning. “I understand that he’s fleeing the Fourth Estate,” he said, “and that kind of disgusts me.”

He’d wait for Gillespie at one door at an event, only to see the candidate elude him at another door. “It has been a long month of cat and mouse,” Stark said.

So, when Stark heard Gillespie would march in a parade in Annandale, Va., he saw an opportunity.

When he saw Gillespie’s van, Stark said, he needled the campaign staff, some of whom he has gotten to know, that Gillespie was ducking him because his politics are embarrassing.

He said he heard someone tell him to get out of the road and order him not to go near Gillespie, or he’ll be arrested.

“I said, OK, then you’ll have to arrest me,” Stark said. “Which probably was a mistake.”

Stark said he was frustrated over repeatedly being denied access to Gillespie for weeks.

Stark conceded that when an officer first confronted him on Saturday, he said something like, “Why did you come over to me like an asshole?” He said he responded to a warning by saying something along the lines of “I’m a fucking reporter and I’m going to do my job.”

An officer can he heard telling him not to curse again. Stark calls out: “Fuck this.”

In retrospect, Stark said, it’s better to work out a problem with the police instead of being rude and confrontational. He’s annoyed that he finally might have had a chance to question Gillespie if he would have exercised more restraint.

Noting other arrests of reporters — such as one in West Virginia while trying to interview then-Health and Human Services Secretary Tom Price — Stark said he wants to stand up for press rights. “It seems like a switch has been flicked,” he said. “I want to flick it back.”

Thoughts on revamping the SPJ board

The SPJ board of directors is considering a plan to change the board’s makeup.

The plan has four parts.
One is to reduce the number of SPJ regions from 12 to 9. As proposed, this would be the new map: https://spjrefresh.com/motions
North Carolina would be removed from Region 2.
West Virginia and Kentucky would be added to Region 2.

The proposal was pitched by Region 3 Director Michael Koretzky. He explained it at https://spjrefresh.com/regions.

*****

The national board held an electronic meeting about the proposal on May 9.
Some considerations:
• geography: How does this affect the ability of a regional director (RD) to represent chapters and work with them? How does this affect regional conferences and travel plans, particularly for students?
• board structure: Should board members represent regions or be elected at large? Currently, there are 12 directors by region. Two pros, two campus chapter advisers and two student members are elected at large. The full board is listed at http://www.spj.org/spjboard.asp.
• benefits: Will this change be useful?

The board decided not to take any action during that meeting and instead solicit more public feedback.

SPJ President Paul Fletcher posted a summary of the proposal a few weeks ago and got several responses. His post is at: http://blogs.spjnetwork.org/president/2016/05/11/spj-considers-reduction-in-size-of-board.

This proposal would not require a bylaws change and can be approved by the board.
Koretzky sees a window of opportunity, since there are no declared candidates yet for the three RD positions that would be contracted.

The board will meet again electronically on Monday, May 23, at 1 p.m.
I will post a summary of the meeting.

*****

I see merit in the concept of contraction. Twenty-three people is a large number for a board in which all members are active.
I’m less enthused about the proposed boundaries. Kentucky and Washington, D.C., for example, are pretty far apart to be grouped together. But, regions in the west already are quite large.

No grouping that we choose will be perfect. Also, RDs don’t need to worry much anymore about traveling throughout the region (except for the regional conference). Electronic communication and participation should be sufficient.

*****

On the “useful” question, Koretzky cited four benefits:
1) A smaller board would be more “nimble.”
2) We have trouble finding candidates for regional director.
3) Fewer regions could lead to more contested races.
4) Cost savings.

My thoughts:

1) Skeptics on the board have focused on this point the most. How is it more “nimble” to have 19 people gather for a meeting (in person or electronically) than 23?
Fewer people can have more efficient discussions and debates (but that’s no guarantee). In a smaller group, it’s more likely that everyone’s voice is heard. A big factor is who is running the meeting and allowing or cutting off debate.
For electronic meetings — which are becoming more frequent for the board — the number of people participating matters even more. We are using a video conferencing system called Zoom that includes a chat function, which helps. Still, there are some people (like me) who participate by phone because these electronic meetings always are in the middle of the work day. Twenty-three board members, plus headquarters staff, on a conference call is clunky. It’s hard to get around that, though, unless we drop down to single digits.

There other considerations, too, for how large a board should be. More on that below.

2) This is mostly true. RD races are usually uncontested. Often, an RD who is completing a term recruits a replacement to take over.
There are exceptions, though, especially when RD seats become vacant. During my time on the board, the last five times an RD seat was vacated in the middle of a term, there were multiple people interested and the board had to choose.
I don’t know why there is more interest in those cases. Maybe we get the word out better for vacancies than scheduled elections. Maybe people are more willing to fill out a term than make a two-year commitment.

3) This might be true. If we have six states from which to draw candidates in a region instead of five, common sense says a larger candidate pool is more likely — but we can’t be sure.
On the other hand, if the new RD territory seems unmanageable under the proposed changes, we could get fewer candidates.

4) The cost savings is legitimate. RDs are entitled to a $1,500 stipend to cover travel costs. Nine stipends instead of 12 would be less money.
Some of that savings would boost stipends for RDs. That’s appealing for RDs who rely on the stipend and could lead to more RD candidates, as described above. The rest of the savings would help chapters with programming. That’s useful, too.

*****

Last week, I was curious about what guidance was out there on the topic of nonprofit board size.
I looked at three websites with pieces on this topic.
All agreed that 23 is a large number for a nonprofit board, unless spots are designated for people with fundraising connections. (That’s not a factor for the SPJ national board.)
These pieces suggested the mid-teens as a maximum, depending on the size of the organization and the work of the board.

Here are links and excerpts from what I read:

1. Nonprofit Law Blog

http://www.nonprofitlawblog.com/number-of-directors-whats-the-best-practice

“Maximum number of directors.  Setting a maximum number of directors is a trickier issue and one not appropriate for legislation.  If all of your directors are each meeting their fiduciary duties and providing value to the organization, there may be no need to reduce their number based on some arbitrary best practice maximum.  On the other hand, from a practical perspective, if an organization has so many directors that individual directors reasonably believe that they do not have the opportunity to meaningfully participate in discussions, deliberations, and decision-making, the organization has too many directors.

“The Panel on the Nonprofit Sector notes that ‘[a]lthough a larger board may ensure a wide range of perspectives and expertise, a very large board may become unwieldy and end up delegating too much responsibility to an executive committee or permitting a small group of board members to exercise substantial control.’ Inactive directors, more interested in affiliation than governance, may get a free ride from the active participation of a core group, but this is not an ideal situation. Note that very large boards played a major part in the recent high profile governance problems of organizations like the American Red Cross, United Way, and Nature Conservancy.”

A report from the Council on Foundations, At Issue: What is the Best Size for Your Board? (January 2006), details some of the advantages and disadvantages of large boards.
Advantages:
•    Large numbers allow for more opportunities for diversity and inclusiveness.
•    More seats allow for for inclusion of legal and financial advisors, community leaders and funding area experts.
•    Work can be shared among the group; more people are available to serve on committees.
•    Fundraising may be easier because there are more people on the board with more connections.
•    More board members helps maintain institutional memory in times of leadership change.
Disadvantages:
•    Members may feel less individual responsibility and less ownership of the work.
•    Large groups may hinder communication and interactive discussion.
•    Cliques or core groups may form, deteriorating board cohesion.
•    Some voices may not be heard.
•    Bigger boards may not be able to engage all members, which can lead to apathy and loss of interest.
•    Meetings are more difficult to schedule; more staff time is needed to coordinate board functions.

2. This is from The Nonprofit Consultant Blog:

http://nonprofitconsultant.blogspot.com/2010/06/how-many-board-members.html

“The generally accepted number for most small- to mid-sized nonprofits is 9-14 members. Any fewer and you will burn out your members quickly with multiple duties, have difficulty making a quorum when even a couple of people are ill or out-of-town, and you will fail to build in new leadership development into your regular board activities. Many more than that and meetings can get bogged down in side conversations, factionalization, and members will begin to feel that they’re no longer contributing or making a difference.”

3. This was the third piece I read:

http://www.bridgespan.org/Publications-and-Tools/Nonprofit-Boards/Nonprofit-Boards-101/Size-of-Board.aspx#.VzVEPxUrKi5

The Bridgespan Group
Average board sizes
Remember that every board is different. Average figures only reflect what exists, not a recommended norm. Newly-formed boards often start cautiously with a small number of members, and expand as the organization gets more established and the programs and services diversify. It is common to encounter large boards in older, more institutionalized organizations where a principal role of the board members tends to be fundraising. Small community-based nonprofits are often governed by a few devoted volunteers. A recent BoardSource survey found that, among those nonprofits who responded, the average size of the board is 16, the median 15.
Regulation of size in the bylaws
Normally the size of the board is determined in the bylaws of the organization. It is wise to set a guideline within a certain range, not an exact number, so that an unforeseen situation does not force the board to contradict its bylaws. Term limits and constant recruitment secure a continuous balance. Some boards find it important to have an uneven number of members to avoid a tie vote. This, however, can be managed by the chair who can either abstain from voting or cast a determining vote to break a tie.
Resizing
Structural factors, including size, can have consequences on the board’s efficiency. Down-sizing or increasing the size may eliminate some road blocks, but the board’s core problem may lie elsewhere. Before restructuring the board, it may be wise to search elsewhere for reasons of malfunction. Is there a lack of commitment or lack of leadership? Involving outsiders in committees, task forces or advisory groups is another way to benefit from skills and perspectives without actually changing the board’s size. Executive committees may also facilitate the functioning of a larger board.

*****

I’d also like SPJ to think more broadly, beyond optimal numbers and geographical boundaries.
I see an opportunity in this analysis for what could be two meaningful changes.

First, SPJ should consider a representational model that the Radio Television Digital News Association uses. RTDNA’s board includes ex officio members from other journalism organizations:
• National Association of Black Journalists
• National Association of Hispanic Journalists
• Native American Journalists Association
• National Lesbian and Gay Journalists Association
• Asian American Journalists Association
• UNITY: Journalists for Diversity
• Association for Education in Journalism and Mass Communication

Which, of course, means more board slots. I count 33 members for RTDNA.

I thought NABJ, NAHJ, NAJA, NLGJA and AAJA would be good candidates for representation on the SPJ board.
I contacted those organizations to ask for their thoughts, and only heard from two (NAHJ and AAJA). Neither was excited about the idea.

To have this type of cross-organization representation would require a more radical change to the current SPJ board structure.

How about:
• 4 officers (president, president-elect, secretary-treasurer, vice president for campus chapter affairs)
• 2 students
• 1 campus adviser at large
• 5 ex officio members from the journalism organizations above
• 5 pro members elected at large

That’s a total of 17.

That leads to the second meaningful change: Removing regional directors from the board.
Currently, RDs have a dual role — overseeing a region and serving on the board.
As an RD, I can attest that both roles require time and attention. I’d rather see one person in one role and a second person in the other role.
I can’t recall any topic in which “the Northeast” might feel one way and “the Midwest” another, so there is no need for regional representation in this way on national issues.
Board members should be elected for their abilities to manage an organization, think creatively, look to the future, etc. The RD role is beside the point for all of that.

This would create the most upheaval and the most questions.
Would the current RDs try to remain on the board or stick to overseeing their local chapters?
Would there be a need for more stipend money for more people (at-large directors, plus RDs)?
Would someone be interested in just the RD part of the job and give up the board representation part?

All of the above needs more discussion. That’s OK, though. A fuller analysis of board structure and function is fine, since we’re going down that path.

Feedback on any of the above is welcome, by email or through a post on this page.

-Andy Schotz, Region 2 director, LawnGyland@aol.com

Connect

Twitter Facebook Google Plus RSS Instagram Pinterest Pinterest LinkedIn


© Society of Professional Journalists. All rights reserved. Legal

Society of Professional Journalists
Eugene S. Pulliam National Journalism Center, 3909 N. Meridian St., Indianapolis, IN 46208
317/927-8000 | Fax: 317/920-4789 | Contact SPJ Headquarters | Employment Opportunities | Advertise with SPJ