FOR IMMEDIATE RELEASE
Feb. 12, 2007

CONTACT
Matthew Hirsch
Freedom of Information Committee
Society of Professional Journalists, NorCal Chapter
Phone: (415) 749-5451
E-mail: mhirsch [AT] alm.com

JOSH WOLF, SARAH OLSON AND “BALCO TWO” HIGHLIGHT WINNERS OF 22ND ANNUAL JAMES MADISON AWARDS

SOCIETY OF PROFESSIONAL JOURNALISTS TO HONOR AWARD RECIPIENTS AT MARCH 13 AWARDS DINNER

The Society of Professional Journalists’ Northern California chapter will honor four Bay Area journalists who have waged separate campaigns to resist government subpoenas in defense of the First Amendment right to freedom of the press. As freelance journalists Josh Wolf and Sarah Olson, and San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams discovered, government officials over the past year have aggressively challenged journalists’ rights to protect confidential sources and refuse testimony in court proceedings that would undermine the independent free press. To date, Wolf has spent over four months in an East Bay federal prison in an effort to shield his unpublished video footage from a federal grand jury.

Other Madison Award winners include Mark Klein, a former AT&T technician who blew the whistle on the federal government’s warrantless wiretapping program; reporters at four northern California newspapers who broke major stories in 2006 using public records; and student journalists at Lowell High School in San Francisco.

These Madison Award winners will be recognized March 13 at Biscuits and Blues restaurant near San Francisco’s Union Square district. Visit www.spj.org/norcal or call (415) 749-5451 for ticket information or more details.

The James Madison Freedom of Information Awards is named for the creative force behind the First Amendment. The awards honor local journalists, organizations, public officials and private citizens who have fought for public access to government meetings and records and promoted the public’s right to know. Award winners are selected by the Freedom of Information Committee of the Society of Professional Journalists’ Northern California chapter.

Background information, including a complete list and a description of winners, is attached.

The following is a complete list of 2007 James Madison Freedom of Information Award Winners:

NORWIN S. YOFFIE CAREER ACHIEVEMENT AWARD
Rowland “Reb” Rebele
Rowland Rebele, the former publisher of community newspapers and an unflagging advocate of independent journalism and open-government, is a First Amendment mensch. When budget cuts threatened to shut down student journalism in Oakland's public schools a few years ago, Rebele wrote a check to keep the presses running. A devoted alumnus of Stanford University, he has endowed a novel internship program at the university's journalism department, benefiting both students and understaffed newspapers in California. And as a long-time director of the California First Amendment Coalition, Rebele has been CFAC's guiding hand and primary benefactor.

BEVERLY KEES EDUCATOR AWARD
Robert Ovetz
Schools are places of learning, and art schools are places for learning expression. But when students at the privately owned Art Institute of California in San Francisco wanted to publish a short story dealing with racism in the school’s cultural magazine, school administrators blocked its publication and fired Dr. Robert Ovetz, an adjunct instructor who protested the censorship. He defended the students and educated them about their First Amendment rights, efforts that led administrators to reverse course and allow the magazine to be published – though they have not welcomed Ovetz back to the school.

CITIZEN
Ryan McKee
Last spring Ryan McKee, a student at Pasadena City College and a volunteer with the nonprofit Californians Aware, announced the results of a statewide public records audit. The audit tested how 31 state agencies responded to requests under the California Public Records Act. Results showed that many of these agencies struggled to fully comply with the law. McKee’s work prompted widespread media coverage and inspired several newspapers around the state to conduct public records audits of their own.

JOURNALIST (4 winners)
Michele Marcucci & Rebecca Vesely, ANG Newspapers
ANG Newspapers last July published an expose on the substandard care received by some of California’s most vulnerable residents, people with autism, mental retardation and other developmental disabilities living in private care homes. Because many records generated by regional nonprofit care centers are not publicly accessible, reporters Michele Marcucci and Rebecca Vesely compiled information for 300 local homes piece by piece, then developed their own database to analyze what they found. The resulting series, called “Broken Homes,” led state officials to resume annual inspections of these licensed care facilities, a practice that had ceased at one point due to budgetary constraints.

Andrew McIntosh & John Hill, Sacramento Bee
The California Highway Patrol is one of the largest and most respected of the nation’s law enforcement agencies. At the same time, it is one of the state’s largest bureaucracies, a distinction that led Sacramento Bee reporters John Hill and Andrew McIntosh to launch a wide-ranging investigation of the CHP. The two sifted through reams and megabytes of public records for a series of stories that exposed fraud and abuse in the vast agency and drew calls from the Legislature for reform.

Meera Pal, Contra Costa Times
An e-mail scandal in the Pleasanton mayor’s race left the normally tranquil East Bay city’s leadership in doubt for a full month following Election Day last year. During the campaign and its aftermath, reporter Meera Pal investigated allegations that the mayor had used a public email account for campaign work and that the city had no public record of the other candidate having sent or received any emails. Pal flushed out the story using Freedom of Information Act requests, helping to put the email issue in perspective for voters. Later, the Pleasanton city council began drawing up an email records retention policy.

Susan Sward, Bill Wallace, Elizabeth Fernandez & Seth Rosenfeld, San Francisco Chronicle
“Use of Force,” an investigative series about the San Francisco Police Department, revealed an institution that failed to control its officers’ use of physical force against civilians. To show that the deadliest use of force was concentrated among a small but influential group of officers, Chronicle reporters built a database to examine any officer’s records over a nine-year period. That gave the Chronicle access to better information than the police department’s own data. Before the final article, on the high African American arrest rate, was published, city leaders hired a criminal justice expert to examine the disparity compared with other cities.

LEGAL COUNSEL
David Greene
To anyone who doesn’t already know David Greene, it would seem this man has cloned himself and sent an army of lawyers into the courts to defend the First Amendment. Over the past year alone, he has represented jailed video journalist Josh Wolf and freelance radio reporter Sarah Olson, who resisted separate federal government subpoenas. He also represented the San Francisco Bay Guardian and Media Alliance, who persuaded a federal judge to unseal records in a major media antitrust lawsuit. All the while, David has continued his work as an educator and as an advocate for myriad other clients as executive director of the First Amendment Project.

NEWS MEDIA (2 winners)
San Jose Mercury News
News organizations often call for more transparency in the conduct of public business. But a rash of secret dealings in San Jose City Hall prompted the Mercury News to go a step further, calling for the adoption of a sunshine ordinance that would open city government to greater public scrutiny. The paper produced a model ordinance the city could use as the basis for drafting its own, and continues to work with a community task force developing a law tailored to the city’s needs. Meanwhile, the Merc built public understanding and support for sunshine, helping to make it an issue in last year’s mayoral campaign.

San Mateo County Times
In the wake of recent Norovirus outbreaks around the state, counties have been increasingly silent on naming facilities where confirmed outbreaks of this highly contagious virus occurred, especially where residential homes are concerned. In San Mateo County, officials refused to disclose the names of several facilities suffering an outbreak, citing health information privacy laws. Using the California Public Records Act, the San Mateo County Times forced health officials to relinquish the names of affected facilities, including two not originally noted by the county. Without going to court, The Times was able to establish a precedent that will serve to inform their readers in the future.

ONLINE FREE SPEECH
Josh Wolf
Last November, SPJ Northern California named Josh Wolf one of three journalists of the year to acknowledge his sacrifice by going to jail on a contempt-of-court charge rather than turning over outtakes from his video of a violent street protest in 2005. Wolf has now served a longer jail term for resisting a subpoena than any journalist in U.S. history. But rather than be silenced, Wolf continued operating his Web log, his ‘blog,’ by sending letters to family and friends to post on Joshwolf.net. He created two other Web sites as well: Mediafreedoms.net, established to support journalists' resistance to government pressure, and Prisonblogs.net, giving prisoners a means to express themselves and air grievances within the prison system.

PUBLIC OFFICIAL
John Sarsfield
As district attorney of San Benito County, John Sarsfield did something unheard of for someone in his position: He sought to prosecute the county board of supervisors for violating the Brown Act, the state law providing for openness in government meetings. Sarsfield launched an investigation after a complaint that the board had met illegally in closed session; the board later cut off his funding in retaliation. The Brown Act lacks an enforcement mechanism, and a DA’s decision to prosecute is entirely discretionary. In other words, it never happens. Sarsfield is being honored for valuing open government enough to put his position on the line by tackling a politically sensitive violation.

SPECIAL CITATION
Mark Fainaru-Wada & Lance Williams, San Francisco Chronicle
The San Francisco Chronicle’s recent coverage of steroid use in professional sports was a grand slam for investigative reporting. But because reporters Mark Fainaru-Wada and Lance Williams relied on leaked grand jury testimony, the two face an ongoing threat of prison time unless they reveal confidential sources, something both of them have refused to do. As the Chronicle noted in a legal brief filed in December, the stakes are extraordinarily high, reaching back to the legacy of “Deep Throat,” who in the early 1970s helped uncover the Watergate scandal. “If the subpoenas in this case must be enforced,” attorneys for the Chronicle wrote, “then no reporter today could make a promise of confidentiality to a contemporary Deep Throat that he is legally entitled to keep.”

Sarah Olson
Independent radio reporter Sarah Olson successfully resisted a subpoena from the Army in the court martial of First Lt. Ehren Watada, who refused to deploy to Iraq and publicly criticized the war. Called to testify about an interview with Watada, Olson argued that her work spoke for itself and claimed the subpoena was merely an excuse to intimidate the press. Army prosecutors ultimately dropped the subpoena once Watada agreed to stipulate that her reporting was accurate. Olson, however, attributes the turn of events to the support she received from media groups, including SPJ.

STUDENT JOURNALIST (High School)
Staff of The Lowell
The 2006 – ’07 academic year at Lowell High School in San Francisco got off to a crime-ridden and controversial start. Reporters at the school's student-run paper, The Lowell, covered it all. Their work prompted the school principal to come in and lecture students, questioning their choice to file stories rather than turning in sensitive information directly to school administrators. All along, the students resisted their principal’s attempt to squeeze them for information, recognizing this would compromise their ability to cultivate sources in the future. These young journalists are being honored for understanding the need to protect confidential sources in order to bring the whole story into the public eye.

WHISTLEBLOWER
Mark Klein
A class action lawsuit seeking to end the federal government’s warrantless wiretapping program, targeting its own citizens, got a boost last April from evidence that shows the National Security Agency was eavesdropping on telephone calls and Internet traffic. Mark Klein, a former AT&T communications technician, discovered a room in a San Francisco building owned by SBC, AT&T’s corporate predecessor, which he claims is operated by the NSA. He came forward because he believes the Bush Administration was not being forthcoming about the extent of its domestic spying. The case is currently under review by the Ninth Circuit U.S. Court of Appeals.

###