CPB Says It’s Not Subject to FOIA Disclosure Requirements

Meanwhile, CPB Inspector Gen. Kenneth Konz, who’s probing some of Tomlinson’s actions, including his hiring a Republican consultant to monitor programming, is unlikely to present a preliminary report by Sept. 26, as had been widely expected. Sources said that Konz, who began the investigation at the behest of congressional Democrats, is expected to submit his report in Nov. He didn’t return our calls for confirmation. Tomlinson will continue on the board as a dir. after he steps down as chmn. in compliance with a 2-term limit. In a departure, the CPB board announced that it would make time for public comment at the open session on Sept. 26. CDD’s Jeff Chester and Chellie Pingree of Common Cause are among those who will address the board.

Chester said the groups have a “war chest” for their campaign to “ensure that CPB operates with a maximum of sunshine.” He said board committee meetings weren’t accessible to the public and full board meetings aren’t webcast or televised. He said the public needed to be given more information about individual board members, including their business dealings and conflicts of interest. On another front, Chester said the groups would push Congress to end CPB’s direct role in programming decisions. “Frankly, whether they are Republican or Democrats in charge, there is always the politicization of programming decisions at CPB. Democrats certainly have the worst track record historically.”

As a private, nonprofit corporation, the CPB isn’t subject to disclosure requirements that apply to govt. agencies such as the Freedom of Information Act,” said CPB Acting Gen. Counsel Robert Winteringham. Rejecting Chester’s request that CPB make public its directors’ assets and sources of income, he said CPB’s policy has been to “follow the spirit” of FOIA on a “case-by-case basis” as long as information sought isn’t “confidential, proprietary, the subject of an investigation or relates to internal matters.” He said private ownership interests of board members can’t be disclosed. The directors have to sign a code of ethics, he added.

As a public body, the CPB needs to be open and transparent, said Steve Bass, pres. of Nashville Public TV and former chmn. of the Assn. of Public TV Stations. He said local stations are required by law to open meetings and “one would presume that our national organizations would operate in a similar manner.” As for demands that CPB be divested of programming decision-making authority, he said that would take care of concerns about politicization of CPB’s programming decisions. It would mean getting CPB out of direct program funding and sending all funds to stations to aggregate for national production. However, there are problems with such an approach, Bass said. CPB serves as a “court of appeals” for many producing stations when PBS doesn’t want to fund a particular type of program, he said: “There have been times when the CPB has played an absolutely critical role in funding programs that aren’t engaged in any way in political issues.”

Chester said CDD will urge Congress to end CPB’s direct role in programming. “It’s clear they cannot be trusted to not pull the political trigger.” The campaign has a 2-part objective, he said: “Ensure that CPB makes more information available and urge over the next few years that Congress take away the ability of CPB to commission programming directly.” National public broadcasting organizations such as APTS have been trying to get Congress to pass CPB reforms, including providing more representation on its board for local stations.