Complaint against Chronicle publishers dismissed
The state Ethics Commission has dismissed a complaint filed against The Atkins Chronicle publishers, Ginnie and Van Tyson.
The official notice from the Ethics Commission notes, "After reviewing both the advertisement and the applicable law, the Commission decided, by a vote of 5-0, the complaint should be DISMISSED.
"In reaching this decision, the Commission determined that the ad in question contained information about the date, time and place of a meeting being held to discuss a proposed sales tax, but that the ad did not take a position (i.e., for or against) regarding such tax. The disclaimer contained in Ark. Code Ann. § 7-1-103(a)(7) is required only when an advertisement is "intended or calculated to influence the vote of any elector in any election." The Commission concluded that this particular ad did not meet the test set forth in § 7-1-103(a)(7) and, therefore, it was not required to contain the words ‘Paid Political Advertisement' or ‘Paid Political Ad.'
"In accordance with Ark. Code Ann. § 7-1-103(a)(7), this letter serves as notice of the Commission's final action together with the reasons for such action. A copy of this letter is being sent to the complainant, Ms. Michelle Harris, to notify her of the outcome of these proceedings. This letter is a public document."
Harris, advertising director for The Courier in Russellville, filed the complaint with the Arkansas Ethics Commission about an advertisement that ran in The Chronicle June 6 announcing the town meeting about the proposed Atkins Sales Tax increase.
When questioned by an Arkansas Democrat-Gazette reporter about her complaint, she was quoted as saying her newspaper follows "strict policies and guidelines" regarding labeling of political ads. She filed the complaint because "it makes my job very difficult to explain why our policies are so strict" while another newspaper in the same circulation area doesn't have similar policies.
The complaint says The Chronicle violated Arkansas law, Code 7-1-103(a)(7) by not including a statement that the ad was a "Paid Political Advertisement" or "Paid Political Ad."
The law says:
(A) "All articles, statements or communications appearing in any newspaper printed or circulated in this state or on radio, television, or other electronic medium intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words "Paid Political Advertising" or "Paid Political Ad".
(B) Both persons placing and the persons publishing the articles, statements or communications shall be responsible for including the required disclaimer." The complaint against Mr. and Mrs. Van A. Tyson, publishers of The Chronicle was filed by Harris. The Tysons responded:
"It didn't occur to us that this was a political advertisement since it did not contain any wording arguing for or against the proposed tax. We saw it as simply announcing a meeting providing information."
The ad said:
"Atkins TOWN MEETING Sunday June 10, 2007 at Matthews Civic Center Free BBQ w/the trimmings @12:00 Discussion begins @1:00 Discussion will be about proposed sales tax for water treatment plant improvement JOIN US AFTER CHURCH."
The ad was placed by Mayor Jerry Don Barrett. Payment for the ad was to be donated by Atkins Prepared Foods. Chicken for the lunch at the event was donated by Tyson Foods.
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