02/05/2016

Questions you can use with candidates this election season

By Dennis Hetzel, Executive Director

It’s “candidate profile and endorsement season” for most Ohio newspapers -- that period before each primary and general election when local newspapers profile the candidates competing for positions and, in many cases, conduct editorial board interviews for possible endorsements.

I hear a lot of political consultants pooh-poohing the value of endorsements. Well, guess what? They still matter in many cases. I believe newspapers show community leadership by doing so as long as there’s separation from the news coverage and room for those who disagree.

Consider: If newspaper endorsements were meaningless, why do they keep popping up in political ads, like this one for John Kasich in New Hampshire?

I’m reminded often that the local newspaper is where people seek leadership on open government and access-to-information issues. This perception of the role newspapers play is a unique strength we should always embrace. So, why not make sure every candidate has to answer a few questions on issues related to open government?

Our newspapers also have business issues – like any business. We should feel no shame about stating our positions on editorial pages while leaving room for dissenting views. Some ideas – such as the sales tax expansion to advertising – would be devastating to us and many of our customers. Being financially secure is part of the “secret sauce” of editorial independence. When the franchise is strong, it’s much easier for the publisher to support the newsroom, withstand threats and, sometimes, even weather the financial disruptions that courageous journalism can create.

With that in mind, here are a few questions that reporters and editors might consider asking candidates for office this year.

State legislative candidates (many of these apply to local candidates as well):

Open government in general: Ohio’s open records law now has 29 enumerated exemptions and hundreds more are scattered throughout the Revised Code. New exemptions to the open meetings law are frequently suggested. Do you think there is too much secrecy in Ohio government, and, if so, what specifically would you support to reduce it?

Body cameras: Legislation is likely to regulate the police use of body-worn cameras. Do you think content captured by such cameras should be presumptively open with clear, sensible exemptions or should it be presumptively closed and released only with the approval of law enforcement?

Sunshine law appeals: Most states have some type of process that allows a citizen to easily appeal the denial of a public records or an open meeting request before having to hire a lawyer and go to court. Would you support such a process in Ohio?

Open meetings: Many states require “information-gathering” or “fact-finding” meetings to be open to the public. In Ohio, those meetings are closed unless officials decide to open them. Would you support a change in the law to require such meetings to be open?

JobsOhio: JobsOhio receives millions in public dollars, including the proceeds from state liquor sales, and yet can conduct most of its economic development activities in unusual secrecy. Do you think this is appropriate given JobsOhio’s purpose, or would the public be better served with more detail on how this money is being spent?

Charter schools: Modify the above paragraph, replacing “JobsOhio” with “charter schools.”

OhioCheckbook.com: State Treasurer Josh Mandel has made strides with a nationally recognized website to allow citizens to easily track and compare the expenditure of public dollars. Would you support pending legislation to require future treasurers to continue the program?

Tax reform: There has been consistent effort since 2011 to expand Ohio’s sales tax to cover many services not subject to it, including business-to-business services such as advertising. This often is coupled with tax cutting in other areas. Are there circumstances in which you would support significant expansion of what is subject to sales taxation and, if so, what are those circumstances? Do you believe increasing “consumption taxes” is the right path to economic growth in Ohio?

Judicial candidates

It is hard to get meaningful information from judicial candidates, as they can’t comment on how they might rule. However, anyone who wants to be a judge should be asked how sunshine laws fit into their judicial philosophy, what experience they have in dealing with these issues and if they will provide examples of past cases they have handled as attorneys and judges related to open government and free speech issues. This allows you to check out those cases.

It’s easier than ever to assess the Ohio Supreme Court’s performance on this subject. Our Ohio Coalition for Open Government has developed a spreadsheet with accompanying material that assesses each open government case handled by the Ohio Supreme Court for the past six years with a “scorecard” that shows the tendencies of each justice. While this is admittedly an imperfect process due to the complexity of individual cases, we think it's a valuable starting point for evaluating performance.

Federal (U.S. House and Senate) candidates

FOIA improvement: This year is the 50^th anniversary of the Freedom of Information Act, which affirmed citizen access to federal records. Will you pledge to support pending legislation that builds on the FOIA and improve it?

Dark money: Do you believe it is time to examine ways to require disclosure of donors to advocacy groups that receive millions of dollars in contributions to sway elections and public policy but, unlike candidates themselves, do not have to disclose donor names or amounts?

Tax reform: Many members of Congress want to limit the deduction of advertising and marketing expenses as a usual and customary expense in an effort to find money to pay for other tax reform measure. Do you agree or disagree with this idea?

Overtime change: The Department of Labor wants to raise the minimum annual salary before an employee could be placed in a role – such as a supervisor -- that is exempt from overtime from $23,600 per year to $50,440 per year. Our industry is among many that is arguing that this amount is too high or should minimally be phased in slowly as this will result in the elimination of jobs and the conversion of more jobs from full-time to past-time to absorb the impact. Where do you stand on this?

As always, if you need background or talking points on any of these issues, just let us know.