Last Updated: February 17, 1999
Printer-friendly version
The Philadelphia Inquirer
Conflicts of interest
A staff member's foremost professional obligations are to The Inquirer.
As employees of The Inquirer, staff members are obliged to make certain
that no outside personal, philosophical or financial interests conflict
with their professional performance of duties at The Inquirer. Additionally,
staff members should avoid activity that could create the appearance of
a conflict with those professional duties. All interpretations as to what
conduct may be appropriate in a particular situation will stem from this
fundamental premise.
This policy is not intended to unnecessarily limit staff members' participation
in the life of the community. They should feel free to take part in such
activities as neighborhood organizations, youth organizations, school organizations,
or churches, synagogues or mosques. However, staff members should recognize
a need to use discretion when these activities might lead to taking sides
in a public controversy, and they should not cover or make news decisions
about organizations of which they are members.
Use of Inquirer connections. Staff members should not use their positions
at The Inquirer to seek any benefit or advantage in personal business,
financial or commercial transactions not afforded to the public generally.
For example, it is improper for a staff member to write a letter of complaint
to a merchant on Inquirer stationery. It is improper for staff members
to refer to their Inquirer connection while attempting to purchase a personal
item at a wholesale or reduced price. And it is clearly impermissible to
use professional contacts to arrange any personal benefit such as a college
scholarship, awarded on the basis of political connections or personal
influence.
Relationships. A staff member should not write about, photograph or
make news judgments about any individual related by blood or marriage or
with whom the staff member has a close personal, financial or romantic
relationship. A staff member who is placed in a circumstance in which the
potential for this kind of conflict exists should advise his or her department
head.
Editors must not hire, use as freelancers, or otherwise pay their relatives
or persons with whom they have a close relationship without the written
approval of the editor, managing editor or deputy managing editor.
Admissions. Inquirer staff members do not accept, for themselves, their
families and their guests, free entertainment offered on the basis of the
staff member's position with The Inquirer. This includes tickets to sports
events, movies, theatrical productions, circuses, concerts, recitals, museums,
exhibits, ice shows and other events.
In some cases, it may be a conflict of interest to obtain admission
to events even if the staff member pays for the tickets or even if the
public is admitted free. The test is whether the staff member is given
an advantage over the public because he or she is a journalist. Following
are hypothetical examples:
A local professional team is in a postseason championship series to
which tickets either are unavailable or virtually unavailable to the public.
A journalist may not use his or her Inquirer connection to gain the opportunity
to buy tickets, and must decline the opportunity if offered by the team
owners. A distinction: Sometimes sports teams award blocks of postseason
tickets to companies that support them during the regular season, such
as by renting boxes or by advertising in the arena. Because these tickets
are distributed to media companies and nonmedia companies on the same basis,
it is acceptable in such circumstances for an Inquirer journalist to obtain
a ticket from PNI.
A network television entertainer videotapes her show before a live audience.
Tickets to the performance are given free to the public either on a first-come,
first-served basis or on the basis of a lottery. A journalist may not use
his or her Inquirer connection to obtain the free tickets, and must decline
the tickets if offered because of that connection.
For events in which free admission customarily is accorded to the working
press, such as a press box at a sports event or a critic's ticket at the
theater, a staff member may accept free admission only if he or she has
been assigned to cover the event for The Inquirer.
Other staff members who attend such events for background purposes shall
pay for admission. Subject to the advance approval of a supervising editor,
The Inquirer will reimburse the expense.
The Inquirer expects to pay for meals served to staff members in press
boxes. The sports department should arrange to reimburse professional teams
or university athletic departments for these meals.
An Inquirer staff member may be assigned to attend an event, such as
the opening of a museum exhibit, to represent the newspaper as a matter
of civic duty. The invitation in such cases is typically also extended
to a guest of the staff member. Whether admission for The Inquirer staff
member and his or her guest is paid or free will depend on whether the
others attending the event are paying. If those invited to the event are
expected to pay, the staff member shall pay, and The Inquirer will reimburse
for the expense.
Staff members may attend free events staged for the media - such as
movie screenings and museum previews - only if they are assigned to cover
the event, or if they are assigned to gather background information, or
if they are assigned to represent The Inquirer as a civic duty.
Staff members may not arrange for their families or friends to accept
free admission to an event, even if the staff member is covering the event.
Guests who accompany staff members who are on assignment shall pay for
their admission. Subject to the advance approval of a supervising editor,
The Inquirer may reimburse the expense for individuals accompanying a staff
member.
The cost of meals and nightclub admissions or cover charges incurred
in the course of professional duties shall be paid by The Inquirer. Staff
members may encounter situations where it is socially awkward, or even
impossible, to pay for a meal or entertainment; in such situations, they
should exercise good judgment in deciding how far to press an insistence
on paying, with the clear understanding that such situations are rare.
When an institution refuses The Inquirer’s request to pay for a staff
member's meals or admissions to a public event, The Inquirer will make
an appropriate donation to charity and notify the institution that it has
done so.
Gifts. Staff members do not accept business-connected gifts, free rooms,
sample merchandise, special reduced rates, funds provided by gaming establishments
and race tracks, or any other low-pay or no-pay arrangement.
A gift of insignificant value - a calendar, pencil, key chain
or similar item sent out routinely by a corporation, for instance - may
be accepted if sending it back would be awkward. All other gifts, however,
should be returned to the donor with the explanation that it is a violation
of Inquirer policy to accept gifts.
Bottles of liquor or wine shall be considered gifts of more than token
value and may not be kept.
When it is impractical to return a gift, the item is given to charity
and the donor advised of the reason.
Travel. Free or reduced-fare trips may not be accepted except in the
most rare circumstances and then only with approval of the editor, managing
editor or deputy managing editor. Transportation necessary to the performance
of a staff member's professional duties shall be paid for by The Inquirer
in all possible cases, including transportation provided by government
or military agencies.
Staff members should not use Inquirer connections to solicit junkets
or special press rates for fares from airlines, auto-rental firms, hostelries,
travel organizations and the like.
In an emergency situation, staff members are encouraged to use common
sense and discretion with regard to travel arrangements. For example, if
the only transit available to a disaster or military action is by Army
helicopter, a staff member trying to cover that story should use the transportation
and inform a supervisor as soon as possible.
If an airline declines to accept payment for a so called inaugural flight,
the flight should not be taken.
Review books and recordings. Books and recordings sent to The Inquirer
for review purposes are accepted as news releases. They are not for the
private use of Inquirer staff members, and they may not be sold for any
reason or under any circumstances.
Individual books and recordings may be kept by the persons assigned
to review them. If a distributor requests that a videotape be returned,
we will do so.
A specialist on The Inquirer staff may retain works that might be of
particular use as a reference.
Books and recordings that are not reviewed or that are returned to The
Inquirer by the reviewer shall, because of the expense and difficulty of
sending them back to the distributor, be made available to a public or
charitable institution.
Books and recordings that are of insignificant value and are not desired
by public or charitable institutions may from time to time be made available
to anyone on the staff who wants them.
Computer materials. Staff members should not make unauthorized copies
of material for computers, including software and related documentation,
that is write-protected, copyrighted or otherwise restricted.
Outside employment. The first obligation of staff members is to perform
the duties for which they are employed by The Inquirer. Any outside employment
that would interfere with those duties should not be undertaken.
A staff member may not receive payment from anyone or any organization
that he or she might he expected to cover or make news judgments about.
Any regular or continuing employment for anyone other than The Inquirer
should be reported in writing to the staff member's department head.
Writing, editing or taking pictures for another local newspaper or a
local magazine is considered to be in conflict with duties for The Inquirer
and should not be undertaken. Work in publicity or public relations is
not permissible.
The Inquirer exerts first claim on its employees' professional skills
and time. Staff members must make sure that any outside employment does
not lessen either the quantity or quality of their work for The Inquirer.
Honoraria. Accepting an honorarium for making a speech or providing
consulting services is a form of employment. Thus, a staff member should
take care not to receive payment from anyone or any organization that he
or she might be expected to cover or make news judgments about.
In any borderline case, it is best to decline the honorarium. It is
not an acceptable solution to accept an honorarium under questionable circumstances
and then donate the money to charity. It might be acceptable to ask an
organization to make a donation directly to a charity in lieu of paying
an honorarium.
It is generally permissible for a staff member to accept reimbursement
for the expense of traveling to make a speech, whether or not an honorarium
is involved. Note, however, that an honorarium may come in forms other
than cash. An expense-paid trip to a resort - especially when the
speaker is allowed to bring a guest - is construed as a form of payment
whether or not an honorarium is involved.
Freelancing. Staff members may undertake freelance writing, photography
or editing that is not in competition with The Inquirer so long as the
assignment does not conflict with activities planned by or under way for
The Inquirer.
Because The Inquirer competes with local, national and international
media, staff members must notify their department heads before undertaking
any freelance assignments.
Investments and personal business activities. A staff member should
not enter into a business relationship with a news source. A staff member
should not invest in a business if the financial interest could be expected
to come into conflict, or be perceived as being in conflict with the staff
member's duties.
Staff members with investments or stock holdings in corporations should
not make news decisions that involve those corporations, and they should
also be aware that an investment in a similar or competing company or field
could constitute a conflict. Although this guideline should not be considered
a barrier against staff members' owning stock, investments in mutual funds
might frequently be the better course. If staff members are assigned to,
or find themselves covering a story in an area where they have investments.
they should immediately tell their department heads and suggest that they
disqualify themselves.
Advocacy. Staff members should be careful not to offend or give wrong
impressions to members of the public by blatantly espousing or expressing
viewpoints on public issues.
Such actions as wearing an antiwar button, publicly espousing a cause,
or festooning an Inquirer workspace with one side's placards during a campaign
can create a perception, intended or not, of partiality.
Staff members should refrain from signing petitions or otherwise identifying
themselves with public issues.
Political activity. Staff members are encouraged, even urged, to exercise
their franchise as citizens to discuss matters of public interest and to
register and vote in referendums, primaries and general elections. But
because their profession requires stringent efforts against partiality
and perceived bias, staff members should not be involved in any political
activity beyond that.
In no circumstances may a staff member work or act as an adviser, for
pay or as a volunteer, in a political campaign or organization. Any request
for a leave of absence to join in partisan activity will not be granted.
If a person to whom a staff member is related by blood or marriage, or
a close friend, is involved in a political campaign or organization, the
staff member should refrain from covering or making news judgments about
that campaign or that issue.
Radio and television appearances. Participation in public affairs programs
on radio and television by Inquirer staff members is generally permissible.
However, staff members should seek advance approval from an appropriate
editor.
Staff members, whose work for The Inquirer is expected to meet high
standards of fairness and impartiality, should demonstrate a comparable
commitment to those standards when on the air. Staff members may not participate
in on-air commercials, nor may they disclose news developments that they
have not reported in The Inquirer.
A staff member should not enter into a commitment for regular involvement
with a radio or television station or network without prior approval of
the editor, managing editor or deputy managing editor.
Internet communications. Inquirer journalists should mention their Inquirer
affiliation only in communications relating to their Inquirer duties. Freelance
contributors may mention The Inquirer only when pursuing an Inquirer assignment,
and they should make their freelance status clear.
Everyone should keep in mind that the Internet is a public forum. Therefore,
People mentioning their Inquirer affiliation should be very careful not
to express opinions that would compromise their impartiality in covering
the news.
Application. These standards are applicable to staffers acting in the
line of duty - including editorial writers, columnists and critics -
and to everyone else whose work appears in The Inquirer, unless the advocacy
nature of that work, as in the case of a Commentary Page piece by a partisan
spokesman, is clearly identified.
A staff member on leave of absence remains subject to these policies.
Editors are expected to make freelancers aware of these policies.
Court and the law
The U.S. Constitution provides for both freedom of the press and a fair
trial for defendants. In those extraordinarily rare situations when those
rights are perceived as being in conflict, The Inquirer takes the position
that all other possible measures to ensure a fair trial must be found wanting
before closing a judicial proceeding or subpoenaing a journalist should
even be considered.
In principle, The Inquirer takes the following positions regarding the
courts, lawyers and law enforcement authorities. The procedures to follow
in many circumstances in these areas are detailed in the Pennsylvania First
Amendment Coalition's Media Survival Kit, which is available to all staff
members. Staff members should follow the procedures outlined in the Media
Survival Kit if any of the situations covered in it arise, and they should
inform a supervisor at the earliest possible opportunity. The New Jersey
Department of the Public Advocate's pamphlet on the provisions of the New
Jersey Open Public Meetings Law is available to staffers in New Jersey.
Court proceedings The press has a constitutional right to attend and
report on court proceedings. A staff member who hears that a hearing is
to be closed should object in writing and ask to be heard through counsel.
If a staff member is present when a hearing is closed or a motion to close
is made, he or she should object orally and ask to be heard through counsel
before any closed proceeding begins.
Public records. Public business should be open to the public's inspection.
This position is substantially supported by the U.S. Freedom of Information
Act, the Pennsylvania Open Records Act and the New Jersey public records
law. Any denial of access to public documents or criminal records in violation
of these statutes should be brought to the attention of the deputy managing
editor.
Public meetings. The public has a right to know the formal actions of
policy makers at every level of government and the discussions preceding
such actions.
The latest Pennsylvania Sunshine Act, which took effect Jan. 3, 1987,
requires that agencies both deliberate and vote in public. This was a very
important change. The previous law had been interpreted to mean that an
agency was required only to vote in public; thus, public officials often
conducted their discussions in private, coming into public view only to
vote. "Deliberation" is now defined as "the discussion of agency business
held for the purpose of making a decision." How far this expansion of the
law reaches is undecided.
Although the 1987 law is stronger than the previous law in terms of
requiring public discussions, it also provides for a greater number of
exceptions to the openness requirement. The 1987 law provides a greater
number of reasons to conduct executive sessions (for example, to consider
the purchase of real estate and to discuss pending or threatened litigation)
and permits such sessions to interrupt an open meeting, or to be held at
the end of a meeting or at an announced time in the future.
The 1987 law specifically provides that recording devices may be used
by people attending the meetings, subject to the agency's rules for maintaining
order.
In New Jersey, meetings of public bodies at which any business affecting
the public is discussed or acted on must be open to the public. However,
public bodies may vote to close a meeting to discuss such items as pending
or anticipated litigation, collective bargaining negotiations, the purchase
or lease of real estate and personnel matters.
Photographs in or near courtrooms. Photographic coverage of court activities
is a legitimate aspect of the press' right and obligation to report on
judicial proceedings.
However, Pennsylvania and federal courts restrict the taking of photographs,
and Inquirer staff members are obliged to abide by these rules. In Pennsylvania
state courts, photography is prohibited in the courtroom and in the area
immediately surrounding the entrances and exits to the courtroom. In the
federal court in Philadelphia, no cameras are permitted on the floors on
which the courtrooms are located.
New Jersey court regulations generally allow camera coverage of courtroom
proceedings. However, jurors, victims under 18 and witnesses under 14 may
not be photographed, and juvenile and domestic-relations cases are off-limits.
A trial judge may prohibit cameras in other instances, but such a ruling
can be appealed immediately.
Prior restraint. One of the hallmarks of press freedom is the prohibition
against judicial orders preventing publication of what transpires in open
court. Any such order should be objected to immediately and promptly pursued
by counsel.
Gag orders. Judicial restrictions on participants discussion of a case
limit coverage of matters of public interest and importance. A journalist
should promptly notify his or her editor to determine whether legal action
should be taken.
Search warrants. Newsroom materials should be inviolate from government
inspection. The US. Privacy Protection Act of 1980 reflects that position,
protecting The Inquirer from searches by local, state or US. agencies except
under extraordinary circumstances. A search warrant should be received
only by the ranking editor, and further communication should be only between
the editor and the officer in charge. Staff members should not attempt
to interfere with the execution of a search warrant.
Recordings. Pennsylvania law prohibits recording a telephone or face-to-face
conversation without consent of all parties. New Jersey has no such prohibition,
but staff members should generally inform anyone whom they wish to record.
