Deseret News Declares War on Legislature

In late-June/early-July, the Deseret News and the Tribune submitted records requests for documents. The Trib’s request was broad. The D News asked for a specific document.

The Trib’s broader request netted documents that led to a story. No documents matched the specific document requested by the D News. John Fellows, legislative general counsel, explained the situation to Lee Davidson of the D News, when Davidson called in a dither. Davidson exploded that Fellows “knew what they wanted.” Fellows explained that all sorts of liability could flow from releasing sensitive documents that were never actually requested. And, I’d imagine that Fellows might have wanted to add that it’s not his job to divine what a big, well-lawyered organization (that trades in words, for heaven’s sake) wanted, despite what it actually requested.

Davidson threatened Fellows, saying that his refusal to relent to the demands of the Deseret News would “constitute a declaration of war.” Fellows told him to redraft his request.

Immediately thereafter, the D News hit the Legislative Office of Research and General Counsel (LRGC) with an unprecedented number of records requests, many of them dealing with – you guessed it – personnel issues involving LRGC.

Last week, the D News ran a story that clearly would reflect poorly on legislative leadership. Problem is, the story was completely made up. In fact, D News editors privately admitted that the story was made up; yet, the D News is still running with the fabricated story.

Don’t mess with Big Media.

D News Runs Further With Admittedly Fake Story

Any minute now Ashton Kutcher is going to tell me I’ve been Punk’d. I hope. If not, the D News is punking Utahns big time. Here’s the summary.

1. On 8/19, the D News reported that GOP legislative leaders were going to take on the referendum process. The story was made up. Just the day before, legislative leaders told the D News editorial board the opposite – that Utah’s referendum process was sound.

2. On 8/20, editorial board members admitted to legislative leaders that the story was inaccurate. D News reporter Bob Bernick apologized to President John Valentine for acting unethically in writing the story. Bernick said he’d run a retraction.

3. On 8/20, Bernick did not run a retraction. Rather, he wrote a second story, suggesting that legislative leaders had decided against challenging the referendum process – a significant misrepresentation.

4. Since the beginning of this faux story, Bloggers pointed out that Bernick and the D News made up the referendum story.

5. On 8/22, Bernick snorted about the misinformation of inaccurate and unfair blogs (but courageously vowed to “keep on plugging away”).

6. On 8/25, five days after the D News admitted the story was fake, D News columnist John Florez scolded lawmakers for plotting to change the referendum process.

So, you’ve gotta wonder: is anyone running the D News? It makes up news, admits that it made up news, chastises people who pointed out that it made up news, makes up follow-up news, and, then, editorializes that the Legislature is rotten for seeking to do something the D News editors admittedly know the Legislature never intended to do.

UPDATE: The D News would not post the following comment I left to the John Florez column:

John,

D News reporter Bernick apologized to President Valentine for making up the referendum story. There never was a movement to change the referendum process. The D News made that up. Talk to your editors; they admitted it. Now, you're criticizing the Legislature for something it never planned on doing.

Do you and the D News have any standards?

If you're just going to comment on things you read, read my blog. It's far more accurate than the D News.

The D News won't release the tape of the editorial board meeting, and the D News censors commentary critical of its work. Isn't legacy media supposed to be a bulwark against censorship and for open dialogue?

Deseret News Opposes Transparency

Deseret News reporter Bob Bernick laments,

"I am often these days attacked by bloggers, and while I make an effort NOT to read the misinformation about me and my work (just keep on plugging away), I know for a fact how inaccurate and unfair blogs can be."

Yet again, Bob fares poorly when fact checked. Let’s look at the who, what, and how of his claim.

Who are the bloggers attacking Bob and his work? Searches on Technorati and Google Blogsearch reveal surprisingly little discussion about Bob. So, it seems Ric Cantrell mostly sums up Bob’s blogging critics.

What are those bloggers saying about Bob? The bloggers are saying that Bob made up a story about Utah’s referendum process.

How are those charges “misinformation,” “inaccurate,” or “unfair?” It would be simple for Bob and the D News to contradict these charges. They recorded the editorial board meeting at issue. Open it to public scrutiny. If I’m wrong, I’ve offered to eat my blog. I’ll double down. If I’m wrong about Bob fabricating this story, I’ll donate $100 to the Utah Democratic Party on Bob’s behalf. (Someone please convey this to Bob, since he does NOT read blogs).

But, I’m not wrong. Bob was forced to personally apologize to President Valentine and admit that he acted unethically in printing the made-up news.

So, why the lie in the follow up story? Why the Edwardsian attack on the “inaccurate and unfair blogs?” Bob’s just smarting that his ability to make up news is somewhat checked by people’s enhanced ability to communicate and exchange information for themselves.

This creates an interesting situation. The focus of Bernick’s sworn wrath* – the Utah Legislature – has become much more transparent to the public. Yet, the watchdog doggedly refuses to open itself to public scrutiny, and even castigates the public for daring to question it.

* (Next week, I’ll post a story about the D News declaring war on the Legislature – yes, an actual, verbalized declaration; unlike Bernick and the D News, I first want to verify some specifics.)

Deseret News Fabricates More News

Bob Bernick and the D News were caught in an outright lie. On Monday, Utah Senate leaders met with the Deseret News editorial board. In a broad ranging conversation, they discussed the State’s referendum process, concluding that it was in the right place.

Instead of reporting those facts, Bob Bernick and the D News made up a story. In complete contradiction of the facts, they reported that GOP legislative leaders were going to make a run at changing the referendum process. Again, that was a complete lie.

When called on the lie, the editorial board was forced to acknowledge it. They, then, forced Bernick to write a retraction. He didn’t. Instead, he furthered the lie.

Though Bernick admitted privately to President Valentine that he’d acted unethically, he publicly lied again. The D News didn’t publish anything approaching, “We made it all up.” Instead, Bernick wrote that Legislative leaders weren’t going to change the law after all – as if they’d seen the light only after reading Bernick’s article where he first told this lie. That is a significant misrepresentation. As indicated in the comments to Bernick’s “retraction,” people were (intentionally) led to believe that the Legislature reversed course. Nope. But, Bernick and the D News need to reverse course and clearly admit that they made up the story in the first place.

I called the D News and again asked for the recording of the editorial board meeting. It is important that they exercise a little of the transparency they supposedly laud, and give people a chance to see how accurate the D News is with facts.

Deseret News Fabricates Story

In my last post, I noted that Big Media’s stories largely are “made-up stuff or very-poorly-sourced-and-heavily-slanted stuff intended more to incite or excite than to enlighten.”

Right on cue, the Deseret News completely made up a story today. No one in Legislative leadership is talking about changing the referendum process. Here, for example, is what I last publicly said about the process. Yet, the Deseret News, um, “reports:”

Get ready for GOP legislative leaders to take on the state’s referendum law – and a big fight with Democrats who vow to protect the current system.

It’s 100% fiction. There won’t be a “big fight,” because no one is proposing a change. The D News completely made that up. Facts aren't important to Big Media. The thing that is important to veteran reporter Bob Bernick – is that there will be an election. And anything he and other cracker jack reporters can do to influence it against Republicans – including making up stories – is fair game.

Republican leadership in Utah isn’t perfect. We get some things right, and we get some things wrong. We deserve our fair share of criticism. But, completely making up stuff does a great disservice to the public and to the health of political dialogue.

Editorial board meetings are recorded. If the D News can show me where any “GOP legislative leader” said we’d “take on the state’s referendum law,” I’ll print this entry and post a YouTube video of me eating it, saying, “Bob Bernick does not make up news,” between every bite. To the contrary, you would hear legislative leaders saying the exact opposite of what the D News reports; they would hear those leaders saying that Utah has the referendum balance in the right place.

I want the recording of that editorial board meeting made public. That would be a big story – showing how Big Media completely makes up stories to fit its agenda and to influence elections. Let us hear the recording, Bob, so we can test the veracity of your stories.

I’ve put a lot of effort into trying to promote factual political dialogue concerning legislative issues, so that more people might be encouraged to participate. I’ve had enough of the “professionals” acting like they work for tabloids. No offense to tabloids.

Hello? Is Big Media There?

I pointed out that misleading information had been published on a policy issue by (1) special interests, (2) bloggers, and (3) Big Media. The ACLU, JM Bell, and Brown Views all accepted my invitation to respond. The point of public discourse isn’t for them to admit that I’m right (though I always am). The point is to have the discourse – and allow the public to watch and, ideally, participate in that discourse. That way – even if the ride is a bit bumpy – we reach a good outcome or at least one most of us can stomach.

It is interesting that Big Media won’t go there. They talk. We listen.

Yes, Big Media blogs. Sort of. But the aristocracy of the Fourth Estate rarely, if ever, mixes with the plebes in the comment threads. Why not? Because it is a lecture, not discourse. They talk. We listen. Sure, we can talk among ourselves while we await their next proclamation, but the Earls and Dukes won’t actually reason with us. They refuse to defend their veracity, their reasoning, and their conclusions. As a result, they are increasingly ignored.

A writer from a major newspaper recently remarked how his industry holds tabloids in contempt. To an increasing number of people, it’s all the same: made-up stuff or very-poorly-sourced-and-heavily-slanted stuff intended more to incite or excite than to enlighten. Newspapers could have such a great role in public discourse. But in these wonderful, disintermediating times they would have to actually engage in discourse, and that’s a leap they seem unable to make.

Workers Compensation and Illegal Aliens

Special interest groups, blogs, and Big Media are lambasting the Utah Legislature and the Utah Labor Commission for a bill and rules (p. 127) concerning workers compensation benefits. The Tribune reports, “Thanks to the Republican, employer-friendly and developer-heavy Utah Legislature, [etc.].” Golly. Those information outlets argue that the statute and rules will unfairly hurt illegal aliens.

The reality, however, is that the bill and the rules won’t change a thing for illegal aliens regarding workers compensation benefits. Not a single thing.

Currently, an injured worker’s immigration status only matters (slightly) in permanent, total disability (PTD) cases (where the worker claims that his injury makes him unable to perform any work reasonably available). If other work is found to be reasonably available, the worker (illegal or 10^th-generation American) does not receive PTD benefits. The only difference between illegal and legal workers would be that in the case of a worker with legal status, the insurer would present a witness who would say, “Worker A can work at business X. He has the proper education, training, work experience, etc. He could start Wednesday.” In the case of a worker lacking legal status, the insurer would present a witness who would say, “Worker B could work at business X. He has the proper education, training, work experience, etc.. But, he lacks legal status to be hired there.”

So, how will that scenario change under the Morley bill and the Labor Commission rule? Well, it won’t.

So, the relevant inquiry to this little drama is – why the misinformation? Is it mistake or agenda?

To determine the ultimate reliability of sources of information, it is helpful to see how they respond when they were in the wrong and they misled the public. So, I’ll invite the ACLU, JM Bell, BrownViews, and the Tribune to print whatever rephrasing or retractions they deem appropriate to garner the same amount of attention, in order to illuminate, rather than mislead, the public.

Utah's Budget

An important part of successfully riding out a storm is to be prepared before the storm hits. Obviously. During the boom years, there was great pressure on the Legislature to grow government. We did – actually, by a lot. But, to great opposition, we also took some fiscally-responsible actions that did not grow programs; specifically, we cut taxes, we appropriated cash toward capital projects, and we socked away money in rainy-day funds.

Governments get themselves in trouble during the good times, by building programs that can’t be sustained during economically bad times or flat times – leading to cuts and serious economic dislocations. As Sen. Hillyard reports, the State of Utah is doing okay. So far. We’ll see where the economy will head from here, but citizens and business owners can take some comfort in the fact that the State’s budget is holding together well for the time being.

You’ll notice that I said it is difficult to sustain programs in economically flat times. With Utah’s tremendous growth, we have to appropriate additional tens of millions of dollars every year, if we want to merely maintain level funding for programs. Think of increased student numbers and Medicaid and CHIP enrollees, for example, not to mention cost escalations and inflation.

One additional observation. Because it is always tough to move away from the status quo, governmental fat typically is cut only when it has to be. Sad, but very true. So, economic downturns invite/force Legislatures to get even tougher on prioritizing spending decisions. This is one reason why it is such a shame that the federal government has no qualms about running massive deficits; there never is a strong push to cut/reform fat governmental programs. Instead, making Enron look responsible by comparison, the federal government avoids tough decisions and foists pain on future generations.

Transparency and Performance