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Ashland council drops proposed gag order
Monday, December 10, 2007 | No comments posted.
ASHLAND (AP) — The Ashland City Council has rejected a proposal to prohibit council members from commenting to the media on discussions of closed-door executive sessions.
The proposal was opposed by the jointly owned Ashland Daily Tidings and the Mail Tribune of Medford on grounds that it prevented city business and legal strategies from reaching the public.
“I believe the 6-0 vote best represents the importance of this issue despite earlier public comments from members of the city council and the mayor,” said Tidings Editor Andrew Scot Bolsinger. “In the end, the councilors agreed with the positions that we’ve been stating all along.”
Bolsinger praised Councilors Russ Silbiger, who first proposed the move, and Cate Hartzell for pushing to drop language that councilors must stay mum about information discussed in executive sessions.
“Russ’ flexibility and openness to discussions showed true leadership on his part,” Bolsinger said, alluding to Silbiger’s efforts to broker a compromise between the council and the Tidings.
The newspaper also opposed a compromise that would have permitted the council to designate the mayor or a city staff member to discuss limited details of an executive session with the media.
Under Oregon’ law journalists may attend executive sessions, but not report on the proceedings unless one of the officials discusses it on the record outside of the executive session.
“There was no attempt by the council, as far as I could tell, to restrict media access,” Silbiger said. “We had no desire to restrict the press’ access.”
Councilors use the sessions to discuss such matters as pending litigation, real estate transactions and personnel matters. No votes are taken.
The council’s proposed rule stated: “Councilors and staff should not discuss executive session matters with the press following adjournment of the executive session, because to do so may permit the press to report on the matter.”
Instead, the council agreed to rules stating that the mayor and councilors will follow laws barring city officials from using information from an executive session for personal gain.
Mayor John Morrison, a former journalist, said before the council vote that the proposed rule was necessary to keep closed-door proceedings secret.
“It does not make sense to me that once you walk out that door that anyone in that room can just talk and say anything they want to about what went on in that room,” Morrison said. “That just seems to negate and in fact obviate the reason for having an executive session in the first place.”
The Tidings contended that would fetter its ability to report on the workings of the council and would violate individual councilors’ free speech rights.
“Our ability to be the eyes and ears of the city will be blinded and found mute if the Ashland City Council adopts proposed language in its council rules,” the paper’s editorial board wrote.
Jack Orchard, legal counsel for the Oregon Newspaper Publishers Association, told the Tidings any council member has the right to speak or not to speak openly with the media regarding executive sessions.
The proposal was opposed by the jointly owned Ashland Daily Tidings and the Mail Tribune of Medford on grounds that it prevented city business and legal strategies from reaching the public.
“I believe the 6-0 vote best represents the importance of this issue despite earlier public comments from members of the city council and the mayor,” said Tidings Editor Andrew Scot Bolsinger. “In the end, the councilors agreed with the positions that we’ve been stating all along.”
Bolsinger praised Councilors Russ Silbiger, who first proposed the move, and Cate Hartzell for pushing to drop language that councilors must stay mum about information discussed in executive sessions.
“Russ’ flexibility and openness to discussions showed true leadership on his part,” Bolsinger said, alluding to Silbiger’s efforts to broker a compromise between the council and the Tidings.
The newspaper also opposed a compromise that would have permitted the council to designate the mayor or a city staff member to discuss limited details of an executive session with the media.
Under Oregon’ law journalists may attend executive sessions, but not report on the proceedings unless one of the officials discusses it on the record outside of the executive session.
“There was no attempt by the council, as far as I could tell, to restrict media access,” Silbiger said. “We had no desire to restrict the press’ access.”
Councilors use the sessions to discuss such matters as pending litigation, real estate transactions and personnel matters. No votes are taken.
The council’s proposed rule stated: “Councilors and staff should not discuss executive session matters with the press following adjournment of the executive session, because to do so may permit the press to report on the matter.”
Instead, the council agreed to rules stating that the mayor and councilors will follow laws barring city officials from using information from an executive session for personal gain.
Mayor John Morrison, a former journalist, said before the council vote that the proposed rule was necessary to keep closed-door proceedings secret.
“It does not make sense to me that once you walk out that door that anyone in that room can just talk and say anything they want to about what went on in that room,” Morrison said. “That just seems to negate and in fact obviate the reason for having an executive session in the first place.”
The Tidings contended that would fetter its ability to report on the workings of the council and would violate individual councilors’ free speech rights.
“Our ability to be the eyes and ears of the city will be blinded and found mute if the Ashland City Council adopts proposed language in its council rules,” the paper’s editorial board wrote.
Jack Orchard, legal counsel for the Oregon Newspaper Publishers Association, told the Tidings any council member has the right to speak or not to speak openly with the media regarding executive sessions.
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