xt7qz60bzt0d https://exploreuk.uky.edu/dips/xt7qz60bzt0d/data/mets.xml Kentucky Kentucky Press Association Kentucky Press Service University of Kentucky. School of Journalism 2003 Call Number: PN4700.K37 Issues not published 1935 Aug - 1937 Oct, 1937 Jul - 1937 Aug, 1939 Oct - Dec, 1940 Jan - Mar, 1951 Aug - 1956 Sep. Includes Supplementary Material:  2005/2006, Kentucky High School Journalism Association contest 2004-2005, Advertising excellence in Kentucky newspapers 2003-2005, Excellence in Kentucky newspapers newsletters  English Lexington, KY.: School of Journalism, University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Press Press -- Kentucky -- Periodicals The Kentucky Press, February 2003 Vol.74 No.2 text The Kentucky Press, February 2003 Vol.74 No.2 2003 2019 true xt7qz60bzt0d section xt7qz60bzt0d ' V 3
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Volume 74: Number 2 - February 2003 - Published by Kentucky Press Association/Kentucky Press Service 3:
onven 1011 0 erg some hln or a Feline :2
Nearly 500 KPA members from across the ' ' , ‘ it:1-3;I"'?’:.:.:ji:>:“?r2:3:-: r 8W S a» i . gate?“ 2
state braved the subzero temperatures in i "- : . ' ~ ' - ,.. :-
Loulswné to pamapate 1“ the 2003 KPA - 1 : e::.v;:. , . V .: AdVemmggxme 1
Convention and Trade Show Jan. 23-24 at the . 5i; . - * 1-“ . J Cmtfiifit“
Hurstborne Hotel and Conference Center. ‘ ' :ses epen f:
This was the first time a convention has been "V: g $71 Entrymfm.me$andcat~ f
held since the summer convention was done , eeeeeehet’eeeeemefleeieefi .
away with and the winter and summer contests , Keemekyeewspeeersfetthe .
were combined into this year’s Excellence in ‘ ‘ Advefitsmgfixcelieuceinxenmdcy f
Kentucky Newspapers awards. The contest rec— e l : N9W3PaPeTS“3%em‘ :
r ognizes outstanding efforts in writing, photog- _ » star 3% fianlsferalixssuespub
: raphyandaesen. , 1‘ es: betwiateteaeaesr I.
Some sessions during this year's convention ; :. tee 3 j .
: focused on governmental issues ranging from : e a Theereeeeteeet‘eeeeeee .:
dealing with political advertising laws to com- theeetteeetwflieeattctgeem
‘ ‘ ‘ ' s :‘e Marchb their/£13m? m .
plylng Wlth Kentucky Fa” Housmg laws and , ,, . a 3'“ 5"," 33:13”?
. the Kentucky Telemarketing laws A Legislative . - e: ' ”some“
Leaders panel assembled Thursday to discuss , . : is.» t; x}! W”” - 'I'hecategormgrtfiesandmy -‘
< what 5 in store for this year s sessron and a ee- , ,_ . ,Nifiewrefiw ,_
group of gubernatorial candidates spoke during ' g _. agéifiwe :}
a forum on Friday. KPA General Counsel Ion y W ' "‘eéa‘ifi} ,7
Fleischaker also discussed the recent Kentucky ’9‘ is; tieWI 5
Supreme Court dec1sron on newspaper carrlers .e giver‘§“$i%‘ze$§ '
bemg conSIdered employees and not mdepen— "e “ {$ijgfiga? ”it: =W ,e'% f tr? a
dent contractors for unemployment msurance Visitors to the trade show booths at the 2003 convention got an entry formed : feet .
ur oses. initialed b each vendor for a chance to win two free airline tickets from J'e‘t" -
p p - ~ - e y - /»'e/«?>~X weed/g" W5. ._ ég‘ézqéxeth”ig
Other sessrons included how to motivate American Trans A111 tags egg”? 5 -
young staff members, improvmg your edltonél life, presented a spec1al sessmn t1t1ed Kentucky: Where 2swjggfif:
content, the ABCS 9f NIB: improvmg your anat9 party we’ve been and where we’re headed” in which he spoke 56$? }
classrfied revenue, improvmg your newspaper'demgn, about the numerous phases and changes that state’s news- if‘atfite it??? 7
unprovmg your photography and what 5 new in technolo— paper industry has endured. g g. 323(25} I
gy and the latest versmn 0f PhOEOShOP by Kevm 8111.11?“ At the annual KPA Busmess Meeting on Jan. 24, the ”is? '43.}? ’zjff ”to”; .
Dr- Thomas Clark, Kentucky s 99-year-old historian for t‘ 2
See CONVENTION on Page 10 we 3
{of/f 71", fie 5'" 39323'44 .
——-——————-—-——-—-—-————-—————-- "Mg%%”§i§gg$%tgim '
6W 0 lCEI'S 6 BC Ed be In (Ill IBS is .-
3, w Wastes /¢%M;§<~>e/x., Ififl‘zx r, "x -
Tuminski, '- ' who has also . Journal and . tamaeeeétteteeeteee’tefie”
manager of .» _ KPA Ad pastpresi- : Weelweheeeeeeneawee
the : . . DiViSion/ dent of » ; “AS“eWflihmmmfim 1'
Winchester a .‘ ' received the ewe“ a” KPA/K135 ' SWAselectsfitethtfafyfet
so: er: "5 - ,’ v 1
Sun, was " gavel from ear in 2003- --: : *hETrangmees
president of e President twee. 3§ :2,» elected JMC highschool " 2
, Press “w e" during the - ,4 ‘ ‘ managing ‘ it D 3 ' 93’, f: , ,ef -' W513 ' ' . {
Association “"5“ Changing of " editor of epartmentekumahsn 1331. , 5: f
for 2003 Sharon Tuminski the Guard Dave Eldridge The John Nelson 1“; Mass Commumcatmmwflhost the: f
during the luncheon on '9 SeeNEWSonPa e? 4:53? ‘i‘
KP A Convention in Louisville. January 24 Eldridge is publisher of the See OFFICERS on Page 9 ' pf; ; t ,= g

 Page 2 - The Kentucky Press,February 2003
Harris takes reporter role At the News-Graphic, Harris will Ginn, a native of Elizabethtown, has with A T 8: T.
t N G h. cover the police department and sher— been serving as a copy editor for the Wright and her husband, Michael 1
a EWS- rap~ 1C iff’s office, as well as Scott County and Park City Daily News in Bowling also published a Christian newsletter, K131
Heather Harris 10m9d the Stamping Ground government. Green for the past year. She earned her One Voice, from their home for several Me<
Georgetown News-Graphic as a bachelor’s and master’ 5 degrees in months. Jam
reporter in late 2002. Harris was a for- Ginn joins Winchester journalism from the University of mei
mer KPA award-winning reporter for ff Mississippi. She has been in journalism Eddyville Herald app
the Sentinel-Echo newspaper in sun Sta about 10 years. - om]
London. Jennifer Ginn recently took over the Ginn will be covering city govern- Ledger debuts American the
.She is a 1999 graduate of Lindsey role of city editor at The Winchester ment and supervising special sections Profile magazine Boa
Wilson College. Sun. galch month as well as other responsi- American Profile, a four color :3";
1 ltles. national magazine With regionalized
:2 mThKntuckyPrssm Wrightioms nght staff Ediyvintnmmredge.0.13....18,... h...
. i’fimgwfi‘dafiwafiémmstm media since 1979 when she was town heroes] reglonal calendars of rich
tarewf’rm‘mmrf Willapa Harbor Herald in Washington important current issues and recipes.
aflmfirmfimé‘ymrlfifififiwfl - - m0]
.. emeymmmgmigmwfim State as a graph“ arm"- She was later . . . neei
W1 Promoted to Assistant Editor Vrocher 101115 Light Staff bas<
C‘MTmmmmm FOHOWIng a “‘0“ to Vlrglma/ her The Mercalfe County Light hired '1
home state] she was employed by the Jack o. Vrocher in December as their Boa
medammrfimsmmmge local paper before working with the Bus
memhwgfifinfima hearing and SP€€Ch impaired commu- S PEOPLE P 12 due
rents mrmrmyexr diam. kMessmger nity as a communications assistant ee on age
erherterammmmerrad 0’“
Admmge’tfi’ffig, “we“; miewmm eat S net to Prison, died Dec- 28 at his home in r if;
"Vice Fwsrdenthawd’Ihornberry RIChmOndReglster Lexington. . dist
. SomersetCommonWeafth Journal} . fl . . : . 3. 5'." 5' L3 . ere. .. Former owner ublisher . Bagby was born in Grayson. Kentucky this
.51. . .v . I, ; . _' h; t .' , AdverhsmgfiimionrflterylMage‘s, , P in 1910 and attended Georgetown College cost
‘Treasurer- Charliel’ortxnarm, ._ . . .' .. . CentraIKentuCkyNBVW/IOW 2.3;..Vtvttte O f Cave Country for-a year before transferring to Cornell d
FranklinFavorite " ' . . ; . . ,- . 335'“- j' C”. . Universny in New York. He earned his an
r 3 Z ' ' , ' . . Circuiation Division'~"1(riss}ohn§m‘ . ,f j .. Newspapers dIEd DEC. 20 law degree at the University of Michigan. exp<
Past President-Dave Eldridge, . . Lexmgtonflerald—Leader 1 I ' H ' , i 7 ' 1, Aubrey C. Wilson St, 82, former He returned to Grayson, where he I
l JessamineJoumal ' . . .' 3' . i 2* i“; 'j j' f . . 2' f' owner and publisher of Cave Country practiced law and edited a weekly news— mai
5- _ . . . I I. . H I _ASSOCi3tBS DIViSIOH“QIHF91tham 1.; 1" Newspapers, died Friday, Dec. 20, 2002, at paper, the Sandy Valley Enquirer, During Jan-
BoardofDxrectors . ' ' ' - . 1 ' ' KentuckyUtflxtxes t: if? L"; j” 3' Barren County Health Care Center in World War II, he commanded a Liberty due
I Ehlsinctzl ~eAJmeRouse, MurrayLedgerand .. I 3 $15"? if Glasgow. Ship, an armed merchant vessel, as a gun- mer
- Tm ~ ~ . . . . Gerrer31=CemseES-:Im.fleischaken mm - - - - ~ . .
, , . . , , ,t . , , meme Dimmers» 8tShdh-i,1ouisfilie 2,2. g, A native of Flint Springs in Ohio nery officer In the Navy. ont
Dishict2~3ed Dillinghaxn, Dawson. .. . i r. : . :’ . . . . g 7241.: = .. .1 f County, Wilson served in the European After the war he worked as a tax attor— ‘
. Springs . Progress ' V ‘ ' ' ' KentuckYI’ress Assam. Ti Tatibh Staff, ii fieigmn 3‘?le tank COI‘PS during gray for thhlntemal lievenfie zervifie in
-. , ~ . ' _ ,. I ‘ ' _ David T.Thom somExecutiveDirectnr or at . icago. e sent Mi 6 “T 6 rec ”
DistrictB—DonnWir‘nrner, Hancock, ‘ Bennie Howardeontrofler j 3;: 1 ji ‘ Q Following the war, in 1947, he and his Potson, Capone’s partner, to prison, using
Clarion“. . _' .. ' I. T .. Teresa Raylett, DirectorofSaIes jjf j: 1 wife moved to Cave City from Ohio testimony from Bud Abbott and Lou C
" ' . ‘ ’ I M ' I ' f L " David Greet; MemberSeIVIcesDirector County where they became managers of Costello to seal the case. .
“Districtéicha‘rlie Parkman, Franktin ‘y Dana EMSChide; News BureauDirector The Cave City Progress and The Hart In 1954, he opened his own practice in tlun
Emerita , , > 1 . e: T , . . SigdSpencngQEwMedfigmir County News at Munfordville. In 1955, Lexington. His clients included C01. fill:
‘ , ’ . " , . ' ' ‘i Emma" .09... 369% istan 3 they purchased both newspapers and in Harland Sanders and the bootle a 3
, 1 F175 Ron ; ' ,Kentucky Standard - Eebadilims,Rasearch/Marketmg ‘ngEijiF' " 1963 purchased The Hart County Herald at “Queen Maggie” Bailey of Harlan and
. - . _ V ' . 1 ‘ ' ' . .: 3 ' :- . 00f l‘ator'. Horse Cave. The a ers were sold ' 1968 6C]
. Distncw-Arth B. P t, L val] . , . . . .. . _ v. g . P P in County. He set up the trust for the .
, " ' ‘1'- ur 0,5 01-115 s 8; 1 . Sue‘ifammack,it«:1ministrattveritsgnstani;t2 to News apcrs, Inc. in Shelbyville, and in Headle -Whitne Museu d 1 hste
CoumrJoumal , . the” _.. . .. . P y y m an ater ,
. . _, -.. .. . . .-. : » : _ I .' ' . Ra“ 1W! Advmgmifiant f} 1975 were 1‘6 urchased by the WilSOHS. mediated Geor e Headle and Ba Dr‘
. . . . . _ , . . . . . H‘ll ‘Will WAN ,, Ci 1; ,_ _ P . . g y rbara h
' Di‘strict’fl Kelley Warnick, GaiiafinCounty I gig“. ’aid' INANimess get ;.‘ fii’tjv Wilson was also involved in other busi- Whitney Headley’s much-publicized on
News I ‘ " ‘ , ' i ”anti Hgnmslgym’l'earsheetccglg 399.1117“? I} nesses such as restaurants, a car wash and divorce. E3“
. .l ‘ . . ' ' ’ 1 , ‘ . g V. ' , ’3 j t: ~ . "if. rental property. Bagby started the first neighborhood 55‘
. 3:316:8'" KenMetz, Bath CountyvNews ' - , J ,u' .1 i I: association in Lexington, in 1961, in I:
_ co . . , ' , . , ; :5 L .. res onse to the murder ofa Trans lvania for—l
- .. . , .» , , , _ , . . Kentucky tax attorney, P . y con,
District9 -Mar1< Maynard, Ashland Daily Staff mmbersrofficers'and Direirrbfsifiéy - UnlverSIty snide“-
Independent. be reached by e-mafl.u5ingfliéindixfiduai's . .' EdltOI' Who Put away He served on the board of adjustment Wh‘
' , . ’ st initial, fut} last name@k}ipress.com . . Capone’s partner dies for 33 years, 18 as chairman. He was a he.“
tvDistn'ct 10 - Edmund Shelby, Beattyvilie There is no space Or punctuation'in the e~ ' William Rardin Ba b a rominent former president of the Board of Trustees M155
Enterprise . . . ma'iliaddiessg . . . I. . . ' ,, ' ‘, I . g y, p of the McDowell Cancer Foundation. E9“
. . . , . ere

 3 ' ‘ ’ ‘ | . ' _ * I . - ‘ ‘ > ,’/

L The Kentucky Press, February 2003 - Page 3

' ' 2
’ 1 Answers to FAQ’s on the new dues structure
At the annual H» show a credit on the to understand the structure. We oper- Certainly, you get a lot of mailings _I

' KPA Business On Second 3% ”a, amount pre-paid. ate two separate businesses: from KPA but the costs of the materi- ’

1 Meeting on if 9’ As I mention in * Kentucky Press Association is als involved are paid by KPS. f,"
January 24, the ThOught 5:%P the Question and classified as a non-profit, IRS Code The Kentucky Journalism

membership _ “is, Answer section, 501(c)(3) corporation. Foundation owns the building that

approved the rec- %/ KPA takes in about * Kentucky Press Service is a for- houses the Kentucky Press Association «3t

ommendation of 1134 David TJ‘hompson $72,000 in newspa- profit company. and Kentucky Press Service central {

the KPA/ KPS A Executive Dmacwr per dues but we’re The Kentucky Press Association has offices. Both KPA and KPS pay rent to .3

. Board of Directors " also spending about no employees. All employees at the the foundation under a triple net lease {1

. to change the $190,000 in unfund- KPA Central Office are employed by option. KPA pays the foundation

; membership dues structure for the ed member services that benefit news- and paid by the Kentucky Press $12,000 per year for rent while KPS
Kentucky Press Association. papers. Put your newspaper in KPA’s Service. For those employees who do pays the foundation $48,000per year,

s ‘ Perhaps since it was founded, dues position. How long would it be before KPA work — the executive director, even though much of the work done at if
, have been based on circulation. I have you go without a circulation increase administrative assistant, Member the Central Office involves KPA busi—
no records on how dues were struc- or advertising rate if your income was Services Director, KPA News Bureau ness. This was done to keep rent :
tured prior to 1983. But I do know $120,000 less than expenses? Director, and portions of the work of expenses for KPA as low as reasonably , -
KPA has not increase dues since the Now think about it: One three— those in the Business Department, possible and to make the for-profit
1980s and with the increased costs of quarter page ad in a year. That’s what KPA pays the Kentucky Press Service side, KPS, pay the majority of rent ,
doing business and because we need a your dues amounts to. And what do a management fee to reimburse KPS expenses. KPS also pays all mainte— l
, dues structure that would bring in you get for those dues? Check out the for a portion of those staff members’ nance, utilities and insurance on the J
. more revenue each year, not less, we Member Services chart on page 4 of salaries. building, in addition to the rent. KPA j
. I needed a change in the way dues were this Kentucky Press. Cutting staff or staff costs is not a does not pay any maintenance, utilities .5

. based. And with the new structure being consideration since KPA has no or insurance. 5

‘ The recommendation from the progressive, I don’t see the need for employees. KPA has also taken measures to cut :
Board that was approved at the KPA to think about dues again for a To save KPA money, and to cut the down substantially on the Legislative 2.:

‘ Business Meeting was to base annual long, long while. As advertising rates taxable income on the Kentucky Press lobbying expenses. In future sessions, 5' ’-

, g dues on three-quarters of a page increase, KPA dues will increase Service side since it pays taxes on prof— KPA staff members will be solely ;
' (broadsheet) of advertising at accordingly. its, the Management Fee reimburse— responsible for reading every bill that 3'
_ , local/ open rates. Since the Fall Board Here are the questions that were ment has been cut extensively over the is introduced in the House and Senate
m I Retreat in October, we’ve supplied asked during these conversations. And years. Until a few years ago, KPA paid instead of sharing that workload with f -
t 1 information to publishers about the I thought it would be good to share the KPS $32,000 a year to cover portions of Dinsmore & Shohl. Reading 1500 bills 3,
' ”“2 proposal and with many of you, I had questions and the response with you those salaries. For the last few years, in even-year sessions and 400 bills in . 1 ,
y ' . discussions about why we’re doing to let you know why I requested the the amount has been reduced to odd-year sessions is a time-consuming ‘ i
e 7 this, how much the member services Board discuss this at the Fall Retreat $18,000 as a way to save KPA money. process that will take three staff mem- 3!
’3 cost us — most at no additional cost — and develop a new dues structure. The KPA Board did away with the bers to complete, but it’s necessary for
i; and ways we’ve tried to keep the If you still have questions about the Dr. Tech Hotline in 2001 as a way to the staff to do that to cut down on lob~ "
. , expenses as trim as possible. dues structure, please give me a call. save money. bying expenses.

‘ Revised dues statements were Postage, office supplies, telephone ,

mailed to all Kentucky newspapers on Has KPA looked at its expenses charges and similar items are expenses Is KPA’s bottom line that bad that 1.

y 1 Ian. 29. For those who had pre-paid and cut them as much as possible on both sides of the house. However, it needs to increase dues? 3
a , dues based on circulation, the state— before considering a dues increase? to keep the taxable income to a mini- KPA spent about $190,000 in 2002 5
_ ments show the new dues total based KPA has cut its expenses extensive- mum on the KPS side, KPS pays 100
on the 94 advertising inches but also ly over the years. First, members need percent of these necessary items. See Answers on Page 9

1 .

' What I learned on m drive back to Lexin ton
y g i

1 One of the W __ When I was asked ”I’ve known of people to get shot you do for a newspaper remember :
things that I enjoy A dyerti sing my} to take him home, because they printed something that a that,” said Dr. Clark.

1 doing the most is :5}... ' «. one of my friends subscriber didn’t like," said Dr. Clark. Along the way, Dr. Clark suggested ,:

. talking. But on Plus ‘ asked me ”What will He said that ”a lot of times the that I ”take the scenic route” and get {

1 Friday, Jan. 24 I g‘ you talk to him country editor had to be creative when off the interstate. We followed
decided instead to By Teresa Revlett ‘t about for that long in he looked for a story. Since there Leestown Road into Lexington. He
listen as I drove KPS Director Of Sales 3 the vehicle?” I really wasn’t a lot going on in the community pointed out to me that the state’s oldest
Dr. Thomas Clark a hadn’t thought a lot of times it was just about what railroad was right above our head at f,

' home from the about that, but as the was going on at the neighbor’s house.” one point. Then he told me dates of

' Kentucky Press trip progressed I That’s still the case in some columns. when horse farms were replaced with
Association convention in Louisville. found out that it wasn’t going to be a I explained to Dr. Clark that I was some of the developments along Hwy. ,

Dr. Clark is Kentucky’s historian- problem. publisher of one of those community 421. I would give anything to be able
for—life and he spoke at the KPA winter Country editors had a big responsi— weekly newspapers for many years. to remember half as many dates as he
convention. His topic was ”Kentucky: bility, according to Dr. Clark, to get the Now my focus is on ad sales alone and did in that brief time we were together.
Where we’ve been and where we’re news out to their readers. He remem— I have the privilege of working for Dr. Clark is a sought after speaker '_.
headed.” Dr. Clark was born in 1903 in bered - and quoted dates of the events - every newspaper in the state — not just and it was obvious to me after our trip

; Mississippi but chose to live in times when editors would make their one. why that was the case. My only regret {.

1 Kentucky in the late 19205. He’s been readers mad because of a story that ”There is nothing more immortal is that someone else wasn’t driving so

here since. had been printed. I could relate. than the printed word. No matter what that I could have taken notes.

 Page 4 - The Kentucky Press, February 2003
szeniammFmidm It
‘ NEWSAwnrdexcellence KPA offers members
‘ CriminalfropaeINommatmnsSeught
~ nmemcnese:AThfihjgggwggemm ' a
» 333;?“glitghrhlsitmaamemh numerous SBl‘VlCES
‘ dentsandflienadvxserswzfibeableExcelleme A MEMBER ance the i
7 tnpmkfromzsiawgramsovertnreeThemmpmfiomm‘t’tfifih . we take 2 5 percent commission on 1’15“
' Aluggwmemgfthenewsw,VicebyUSI’Semployeewsm- 5 percent on local rates JOINING KPA Com
wanememeenefmemeworerlersandsthsrs-thhaverwd of Information Hotline-and it only percent commission on advertising U“
i shorenénafirlmwex¢$193*$“vlceanétfiengfh costs you the phone call to Dinsmore placed Ehe
E nearerneeMcGaugheywafiem‘i‘hemlafiomhtmwesl‘lhe &Shohl °without membership, use of the en
: fiRHNNAmembernewspapermfibe summer intern paid for by KPA/K111 are “S“. eligible for the Statewide a
_ Hegesgermyselefledfereachstatefimfloml ' your neWSPaper ls ehglble t0 Par- ClaSSIfled Program and not 8115le if
:. lemeSCafdlarvmeflmfimetatemmersweewnte Fund, a fund that's contributed more without membershlp, newspapers 1
. RobmrvmummxfimWeIschWashmgtan,CiferrP/C03mmn llhan i180,0001t0 rlewspapers Wll'llo are not eligilcalle to participate filh tcllie 3?;
~ andDrAllenWtedumntlmtlanAnnuat aVe 96“ in ega situations W ere Program an cannot receive ll ills
. . conductthefigeesesmgmgnprmNNAFIBSldentfeffMDaVld,pub- ’frig’urepiirtserr) it’d Frankfort through News Bureaugand Will not receive Wai
V. duangayearbookawdamerefhahernfthehivmgstenl’arish(LA) the KPA News Bureau, with cover- the weekly legislative stories from Ken
lheKehmckmessAesemhehmdNewsmflpresentflleawarfix age including weekly stories on the KPA tors
femereditexefzanethtnwnand“mmitme’tlbyfimmmmmg Kentucky General Assembly, all at without membership, you won’t Epp
: 3 covemgabeatIndgesarememrsoftheNNA ' your newspaper is eligible to enter and will be ineligible to participate Fr
. ‘ j i i' ‘ 5 PostalCommttee,chmredbyMax the KPA Excellence in Kentucky Owithout membership, your news— a]
. . ,. .Thepwgrams’deagnedmhdpHeath:ViCePYeSIdmtOfLafidmk Newspapers competition and the paper will not be listed in the direc— Infill
mgISd‘oolmedetafisumveCommumtyNewspapers,Inc KPA Advertising Contest tory W d
: the‘erduCtsrmdudengfifiWnt‘ Bntryformsaremthemafite 0 your newspaper is listed in the Owithout membership, your news- lets
3 1mgedttorialsandcolumnsmovennewspapersInaddmgmgamma-g:~;j:‘:~_fi KPA Yearbook and Directory paper is not eligible for any insur- to a“
5?..5irlglfiénits>fieW$§é1§€fi:dé$isfized.9 nenlnrmsamavnlanlent ' your newspaper is eligible for. m Program benefit offered Sup
satesanddeszgmumngtheweb,fea~wwwnnaorgunderCOntestsand health, life, worker’s compensation, through KPA. the
' lwbungmeeopemnpyfgflgllgrlmwggdbgmpt ()0 11] g 01’ an S i
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Kmmyand'remmeammconsxderednspewcommwm ‘ fact

 The Kentucky Press, February 2003 - Page 5 ;,
Kentucky Supreme Court rules carr'ers
are el'g'ble for nemployment b t" t
On Dec. 19, 2002 the Kentucky , some other states in newspaper carrier cases. We know that there are variations among the
SUPreme Court issued its dECiSiOH in 4’! carrier contracts being used by various Kentucky .r’
the case of Kentucky Unemployment i; The most significant difference, though, has to newspapers. There are obviously variations in the 6
Insurance Commission and Division of it“ do with the facts and circumstances which apply to practices and procedures of the various newspapers,
Unemployment Insurance 0. Landmark 3;, each case. The Kentucky Supreme Court specifically as well. Whether these variations are substantial ;
Community Newspapers of Kentucky, noted that ”each case must be decided on its own enough to support a more favorable result than The {
Inc., a case in which the we particular facts.” That involves an examination of Kentucky Standard had with the UI Commission 'j
Unemployment Insurance Division not only the written contract between the newspaper remains to be seen. . j
(the ”Division”) sought to require The I but also the practices of the newspaper. Does the .
Kentucky Standard to pay into an way it deals with its carriers look more like an As you review your contracts and practices in
unemployment insurance account for its newspaper employment relationship than an independent con— light of the UI Commission’s discussion of the ten I _
carriers. The case was initiated when a short—term tractor relationship, regardless of the language in the factors, bear in mind that control over the details of 1)
carrier named Leonard Faulkner stopped delivering contract? the work is no longer the preeminent factor among
papers (he was substituting for a relative who had In this case, the Commission examined the facts the ten. Prior to the Supreme Court’s Dec. 19, 2002 ;
surgery) and applied for U1 benefits. At about the regarding The Kentucky Standard and its carriers decision, that Court had indicated that the factor of .
same time, The Kentucky Standard terminated the and decided that the majority of the Restatement control over the details of the work was the primary
contract of another carrier, Ronald Warner. He also test’s ten factors supported an employer-employee factor; now the Supreme Court has said that no sin— }
filed for U1 benefits. relationship. Although the Franklin Circuit Court gle factor is determinative.
The Division sent an auditor to The Kentucky affirmed, the Court of Appeals found that the bulk '
Standard to investigate the claims. Based on her of the factors favored an independent contractor The Ten Factors 1
' investigation, the Division determined that Faulkner, relationship. Unfortunately, when the Supreme } r
l Warner and all of the other carriers for The Court reversed the Court of Appeals, it did so in a Here are the ten factors, each followed by com- 1'
Kentucky Standard were not independent contrac- way that did not provide any additional guidance to ments about how the Commission weighed them in
tors for unemployment insurance purposes. We newspapers as to how they can structure their work— the case of The Kentucky Standard:
appealed to the Unemployment Insurance ing relationships With carriers to ensure that they are I' ,
M 7 , l Commission (the ”Commission”), which upheld the independent contractors rather than employees. 1. The extent of control which, by the i
; it Division's determination. We then appealed to the Instead, the Supreme Court based its decision on a agreement, the master may exercise over .
l Franklin Circuit Court, which also upheld that deter- legal concept: the standard by which courts must the details of the work; ' 3
i mination. We appealed to the Court of Appeals, review the decisions of administrative agencies like l
which reversed, finding that the Commission erred the Commission. That standard says that the court The Commission found that The Standard 2
in determining the newspaper carriers were employ- must affirm the Commission’s findings of fact if they controlled where the newspapers were to .
ees. The Commission then asked the Supreme Court are supported by substantial evidence in the record. be placed, when they were to be delivered .
to accept discretionary review of the case. The Then the court must determine if the Commission and in what condition (dry — The Standard ‘
- Supreme Court did, and on Dec. 19, 2002 reinstated correctly applied the law to those facts. The required carriers to put papers in a plastic .
the Commission’s decision that the carriers were Supreme Court held that there was substantial evi- bag if rain was threatened). The ,
employees. dence to support the Commission’s findings of fact Commission also noted that subscribers j
and that the Commission had correctly applied the complained to the newspaper, which con- :
There is no recourse beyond the Kentucky law. (The Court of Appeals had held, more appro- veyed the message to the carrier and kept a '
Supreme Court. Therefore, The Kentucky Standard priately we believe, that the Commission had incor- record of the complaints. The Commission
and other newspapers in Kentucky must now deter- rectly applied the laW to its findings of fact.) found this factor indicated an employment
mine the proper course of action for each of them in relationship.
light of this decision. This memorandum outlines What’ 5 Next? }
some of the considerations. 2. Whether or not the one employed is .1
“ The Supreme Court’ 3 Dec. 19, 2002 decision engaged in a distinct occupation or busi-
Basis for Decision applies specifically to The Kentucky Standard. As ness;
the Supreme Court said, ”each case must be decided
Unlike employees, independent contractors are on its own particular facts;” therefore, every other The Commission found the carriers were {
not eligible for unemployment insurance and other newspaper in Kentucky must now determine how not engaged in their own business employ— '1
benefits. There are a number of different tests used the Supreme Court decision might impact it. After ees since they did not incorporate and they f
to determine whether one is an employee or inde- reviewing the Supreme Court decision (particularly did not advertise, even though some of 4‘:
pendent contractor. For purposes of unemployment the lengthy quotations from the UT Commission’s them provided delivery services for pizza '
' insurance, Kentucky has elected to use a ten-factor decision regarding the ten factors), Kentucky news- restaurants or volunteer agencies. The 1
test called the Restatement Test.1 papers should review the language of their carrier Commission found that this factor indicat— 1
In some states, it is the legislature rather than the contracts and the procedures they use when dealing ed an employment relationship.
courts which determine whether newspaper carriers With carriers to determine 1f the contract langusge _ _ . .-,
are eligible for unemployment insurance or other and their procedures are consistent With a finding of 3. The kind of occupation, With reference to .
benefits. (Kentucky, for example, has a statute that independent contractor relationship under the ten— whether, in the lo-cahty, the work is usually l
expressly makes carriers eligible for workers’ com~ factor test. It nught also be helpful to reVieW the full done under'the direction of the employer or :-
pensation benefits.) Other states’ courts use a three— dec1sion of‘the UI Commisswn, to see exactly What by a speCialist Without superViSion. ;
factor test or simply determine Whether the worker was Its 193515 for finding that carriers for The . . . ‘ . :
or the company controls the work. The use of differ- Kentucky Standard were employees. A discusswn The Comirussmn did not address this fac- .5
ent tests contributes to the different results we see in Of the Commisswn S findings follows. See CARRIERS on Page 8 j

 Page 6 - The Kentucky Press, February 2003
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held Friday- Participating in the event - .1,” ”‘ . ..
I were: Emle Fletcher, Steve Henry, 'I 1“ ‘ ‘~%:-:%?i5:f:¢-T. fl ' ~- «1 3?? » .
Rebecca Jackson, Steve Nunn and Jody m i, We; _‘ s: 5. -, » ;- reg; , -. .
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