ETHICS AND CONFLICT OF INTEREST POLICIES

Guidelines for Newsroom Employees of the San Francisco Chronicle

Sept. 13, 2002

The Chronicle strives to cover the news accurately, fairly and honestly. The following guidelines are intended to be a starting place for the many informal discussions about stories that take place in the newsroom each day.

We view any violation of these guidelines as a serious matter. Violation of these guidelines

may lead to job reassignment to avoid a conflict or the appearance of one or to disciplinary action up to and including termination. Any disciplinary action affecting Guild-covered employees will be subject to provisions of the Guild contract.

I. ETHICAL NEWS GATHERING

1. Quotes

Quotations should be accurate and their use in stories should fairly reflect the context of conversations. If using a quote without altering it will leave the reader confused, paraphrase it instead. If you use quotes in a different sequence from the one in which they were made, take care that the new order does not alter the meaning or create a misleading or unfair impression. Call sources of abridged or non-sequential quotes if you have doubts about the accuracy or impression left by your abridgment or resequencing.

2. Photographs and graphics

Photos and graphics should represent reality precisely and accurately. Standards of honesty, accuracy and fairness apply to news photographs and graphics just as they do to news articles.

a) Historical photos. Historical and file photographs must be labeled as such so that they do not mislead readers. Before a non-staff file photograph is used, we must attempt to be sure that we have the right do to so without consent of the original photographer or owner of the copyright.

b) Web sites. As a general rule, we cannot use a photograph or text from a Web site without consent of whomever owns the rights to the material

c) Enhancements. Pre-press enhancement should be confined to changes that make news photographs more faithful to the reality of the scene or situation depicted. Changes should not be made to alter reality.

d) Alteration. When a photograph is altered for illustrative purposes, the resulting image must be clearly labeled to indicate that it has been altered and is not a documentary news photograph.

e) Posed pictures. Photographers may pose a subject for a portrait or for a photo illustration.

f) Photo illustrations should be labeled as such. If there is any concern that a posed portrait is misleading, the photo caption should make clear that the subject in the photo was posed for the photograph.

g) Photographer's news responsibilities. Photographers must not control or suggest activity to subjects in a news photograph. "Re-creating" news for photographs is not permissible. Photographers must be alert to, and avoid, situations in which the photograph may give readers a misleading impression. Photographers should not shoot or crop a photograph in a way that alters reality.

3) Unusual News Gathering Procedures

As a general practice, reporters, editors, photographers and other news staffers should identify themselves as Chronicle employees when gathering information for stories. Any decision to misrepresent oneself or to impersonate someone else can seriously undermine The Chronicle's credibility. The decision not to identify oneself as a Chronicle employee needs approval of the executive editor or his designee and legal counsel, and the following tests should be applied in making the decision:

a) Public importance. Is the resulting news story or photograph of such public interest that its news value outweighs the potential damage to our trust and credibility and its impact on others?

b) Alternatives. Can the story be recast to avoid the need not to disclose one's identity in gathering the information?

c) Last resort. Have all other reasonable means of getting the story been exhausted?

4) Taping

Any interview conducted by telephone or face-to-face may be taped only with the consent of the person being interviewed. This is required by law. We should always ask permission to tape-record an interview. When possible, we should get the consent on tape.

5) Opinions

Opinion and analysis articles or columns should be labeled or placed so that they are distinct from other news stories.

6) Sources

The use of confidential, or anonymous, sources should be the exception rather than the routine. The use of anonymous sources to characterize or state opinions about individuals is strongly discouraged, especially in a political context or by a competitor in business or profession.

a) Confidentiality. Editors and reporters should seriously consider the value of information received from a confidential source before deciding to print it. We prefer to get the information on the record, and every effort should be made to do so before publishing information without attribution. The decision to use a confidential source can diminish the credibility of the story and the newspaper.

The following tests should be used in deciding to use a confidential source:

· Public importance. Is the resulting news story of such public interest that its news value outweighs the potential damage to trust and credibility?

· Alternatives. Can the story be recast to avoid the need of a confidential source?

· Last resort. Have all other reasonable means of getting the story been exhausted?

b) Identity. A reporter who pledges confidentiality to a source must not violate that pledge; however, a reporter pledging confidentiality to a source should inform the source that the editor of the story will likely be told the identity of the source. The reporter should try to seek a guarantee that the source can be named in the event of a lawsuit. If the source wishes to withhold his or her identity from the editor, then the reporter and editor must decide whether or not to use the information even though the source's identity remains known only to the reporter. In the event of a court order to identify the source, the decision on how to proceed will be made in consultation with the reporter, his or her editors and legal counsel.

c) Motives. When a source must remain unidentified, the reason should be stated in the story where possible (as long as the reason doesn't identify the source). Reporters are encouraged to indicate as much as possible in articles about an unidentified source to help readers evaluate the source's information, authority and credibility, without jeopardizing the source's identity.

d) Clear agreements. Reporters and editors should attempt to insure that agreements with sources are clear, precise and understood by all parties. If a source indicates uncertainty about whether information is on the record, we should attempt to clarify the situation.

7. E-mail.

What people post in e-mail can reflect on the newspaper and damage trust and credibility.

a) Chat rooms. Whenever acting as a Chronicle employee (whether in the office or not) Chronicle staff members should not send e-mails that would negatively reflect on the newspaper. Even acting as an individual, and whether using a pseudonym or not, Chronicle employees should not post email messages outside of the paper commenting on the individuals or entities that are the subject of their work or other Chronicle stories.

b) Legal issues. Be aware that e-mail traffic is subject to disclosure in court; care must be taken when using e-mail.

8. Privacy.

We treat people with respect. This means having a high regard for personal privacy. Private citizens have a greater right to privacy than public figures, although there are times when information about them becomes newsworthy.

a) Private citizens. The value of publishing names, religious beliefs, sexual orientation, ethnicity or past behavior should be weighed against the relevance to the story and compassion for the individual.

b) Public figures. Personal conduct may have a bearing on public roles and public responsibilities. The degree to which a public figure conducts his or her life in public or the degree to which private conduct bears on the discharge of public responsibility should guide the publication of personal information.

c) Race. In general, we do not report the race of criminal suspects unless their ethnic background is pertinent, i.e. part of a description including as many details as possible that helps to identify them (e.g. he was Asian, about 5 feet tall with bleached blond hair, a rose tattoo on his forearm and missing front teeth), or an important part of the story (e.g., the crime was a hate crime). As with other races, crime stories should not omit racial identification of white suspects, if applicable.

d) Crime. Names of accused criminals should be as complete as possible, with middle names or initials. Examples: Lee Harvey Oswald, James Earl Ray, Robert Alton Harris, Mark David Chapman. This will avoid mix ups with other law-abiding citizens.

e) Sexual assault. In general, we do not name a sexual assault victim

unless he or she informs us that he or she wants his or her name to be published. If a sexual assault victim files a civil lawsuit in the matter, under most circumstances it would be acceptable to name him or her.

f) Juveniles. In general, we do not name juvenile suspects (under the age of 18) in crime stories. We also are cautious about naming juvenile victims of a crime. Exceptions may be made after consultation; for example, when a juvenile is charged as an adult in a criminal proceeding, it may be appropriate to name the juvenile.

g) Grief. Use of photography or reporting that captures private grief should be treated with sensitivity and care. We treat suicides and attempted suicides with sensitivity.

9. Community standards. We strive to have high standards of taste and decency, and we want to be sensitive to community values.

a) Language. Offensive language, including profanity and insulting comment, should be published only when essential to a story.

b) Images. Use of photographs that have the potential to offend or harm should be discussed before publication. This includes photographs that are suggestive of criminal or sexual activity, are gruesome, are intrusive or are in bad taste.

c) Courtesy and compassion. We want to be especially sensitive to news sources in times of grief, personal loss or extreme emotional distress. We will seek to take special care to be fair to those unaccustomed to dealing with the press.

10. Plagiarism. Stealing someone else's wording, quotes or other work is wrong. All language and ideas, research findings and images presented in The Chronicle should be the original work of the writer or artist or be attributed to an original source.

Example: Stories that include material from wire services should either credit the service when specific language or quotes are borrowed, or should use an attributing phrase such as "the Associated Press reported" in the body of the story.

As a rule of thumb, if there is a question, it should be settled on the side of prudence: The material should not be used or it should be attributed to its original source.

11. Corrections. We strive for accuracy and should quickly correct errors or misleading statements. All complaints must be brought to the attention of the readers' representative. If we may have given our readers a wrong impression, there may be need for clarification. Every effort should be made to set the record straight, not just to correct errors of fact. [See the newspaper's written corrections policy for greater detail.]

12. Gathering information. The Chronicle does not use illegal means to gather information. Chronicle staffers must not steal information. Private papers or private records are rarely used without consent of their owners. Don't pay for it: In general, The Chronicle does not pay news sources for information or for leads to news stories. Approval to pay for a story (e.g., a political poll) must come from the executive editor or his designee. Chronicle staff members should not trespass onto private property.

II. CONFLICT OF INTEREST

A newsroom's most valuable asset is its reputation.

Without a reputation for accurate, fair and balanced reporting, we lose readers' trust.

We keep that trust not only with honest journalism, but also with our on- and off-the-job behavior.

The following guidelines deal with how we behave on and off the job with regard to commercial endeavors, personal investments and personal conduct.

We recognize that staff members may wish to participate in outside activities including political and community affairs, supporting political candidates, expressing opinions and making money outside of The Chronicle.

At the same time, we recognize that unfettered exercise of these activities can impinge on The Chronicle's reputation for fairness, balance and accuracy.

When these two legitimate interests - an employee's and the newspaper's -conflict, The Chronicle will make every effort to resolve the issue with common sense and consultation. Some conflicts have no easy solution, however, and we urge any staffer with a potential conflict to talk with his or her supervisor, the executive editor or his designee. Early disclosure and discussion are essential to good resolutions.

1. Commercial endeavors. The Chronicle believes its staff should be free to perform creative, community or personal work and to earn additional income in ways that are separate and distinguishable from their work at the newspaper and which do not conflict with the newspaper's guidelines. Here are some specific guidelines:

a) Sources. Staffers should be wary of working for individuals or organizations likely to be among the paper's news sources and whose employment of a staffer could appear to create a conflict of interest.

b) Endorsements. Staff members should avoid signing commercial endorsements or appearing in commercial advertisements. Staffers should not accept commercial discounts for private purchases that can be misrepresented as endorsements by - or gifts to - The Chronicle.

c) Freelance work. The Chronicle recognizes that its staff members may work for publications other than The Chronicle so long as the work does not detract from the employee's primary responsibility to The Chronicle and as long as the publications are not competitive with The Chronicle, as described below. An employee should inform his or her supervisor, the executive editor or his designee of any such work prior to its completion.

The Chronicle owns the copyright for articles, columns, photographs and art work produced for The Chronicle or The Gate. Staff members cannot legally authorize another publisher to reprint such material - even if rewritten or updated -without The Chronicle's written permission. This applies to use of staff work in books, magazines and newspapers and also to online services, television, motion pictures and the like. Staff members may not release to anyone outside the newspaper any unpublished material produced for the Chronicle.

Our general rule is that without written permission from the executive editor or his designee, staff members may not do work for any organization that competes directly for The Chronicle's audience or its advertisers.

"Direct competition" means any news-oriented organization in Northern California that distributes in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma, Yolo, Mendocino or Solano counties. This includes, but is not limited to, newspapers such as the New York Times, the Los Angeles Times, USA Today, the Wall Street Journal, as well as other publications such the Bay Guardian, SF Weekly and East Bay Express, and San Francisco Examiner, and local television, radio and online outlets. This would not include spot appearances by staffers interviewed as a result of their work in The Chronicle.

It is permissible, with prior approval of one's supervisor, to freelance for:

.National magazines such as Time, Sports Illustrated, Dance, Parenting, Health, airline magazines or the Sunday New York Times Magazine.

.Daily newspapers that do not target the Bay Area, such as The Washington Post, Denver Post, Chicago Tribune or Miami Herald.

.Online services that are aimed at a national audience and do not target the Bay Area such as space.com, espn.com or cnet.com.

There are two exceptions to the ban on writing for national newspapers

that compete with The Chronicle (New York Times, Wall Street Journal,

etc.) - but only after The Chronicle has exercised the right of first refusal:

.Op-ed opinion articles;

.Travel articles or photographs.

d) Work derived directly or indirectly from Chronicle assignments. The Chronicle has a proprietary interest in writings or photographs that evolve directly from Chronicle assignments and beats. Such work may not be offered to others without prior written permission of The Chronicle. If a trip or assignment originated and paid for by The Chronicle results in information other than that directly requested by an editor, such material must be offered first to The Chronicle. If The Chronicle turns down the material after the material has been offered to the appropriate editors, a staff member, with permission, may go elsewhere, within the confines of this policy, i.e., to a non­competitive organization.

2. Personal conduct. Chronicle staffers must exercise caution in their personal conduct lest they create the appearance, or the reality, of a conflict of interest.

a) Use of The Chronicle's name: Staffers may use the name of

The Chronicle, the paper's stationery, business cards or other materials only for purposes directly connected to their employment at The Chronicle. No staff member may use his or her employment at The Chronicle for personal use.

b) No freebies. No staff member may accept free or reduced-rate transportation, gifts or junkets from current or potential news sources, including government agencies, or the government or agent of another country. Free admission to entertainment or sports events may be accepted only for work assignments. (The Chronicle makes tickets available to newsroom staffers only when those tickets have been purchased by the newspaper or have been acquired via an appropriate promotional agreement.) No staffer should seek, expect, demand or accept tickets or gratuities using his or her employment at The Chronicle. Valuable equipment or appliances valued at more than $50 (e.g., cameras, kitchen appliances and tape decks) submitted as sample products must be promptly returned or donated to charity after professional evaluations are completed.

c) Travel and lodging. Work-related transportation, lodging and expenses are paid by The Chronicle. Free or reduced-rate transportation or lodging is accepted only in special circumstances (e.g., a military flight) and must have the approval of the executive editor or his designee.

d) Review copies. Review books, records, CDs, software or other materials received for review should not be sold by staffers unless sale proceeds are donated to charity.

e) Gifts. Politely refuse gifts from sources or subjects of coverage except those of insignificant value such as a calendar or key chain.

f) Nepotism. There is no restriction on relatives, spouses or domestic partners working in the news department except that no relative, spouse or domestic partner can report directly to a relative, spouse or domestic partner. This restriction applies to staffers in a dating relationship as well.

g) Independence. Any regular affiliation with a non-Chronicle publication or with another news information organization must be specifically approved by the executive editor or his designee.

h) Speaking engagements. Staff members must be sensitive to the appearance of conflict when they agree to address groups whose interests the paper covers. As a general rule, it is acceptable to speak at events or forums sponsored by educational or non-profit groups whose main focus is not lobbying or political activity. With the prior written approval of the executive editor or his designee, staffers may accept speaking fees, honoraria or reimbursement for travel expenses.

Staff op-ed columnists who regularly appear on the op-ed page of The Chronicle and editorial writers should consult with the editorial page editor about any speaking engagements outside the "educational and non-profit" guideline above and also must get prior written approval from that editor before accepting speaking fees, honoraria or reimbursement for travel expenses..

If any staff member has any question about the appropriateness of any speaking engagement, he or she should consult with the executive editor or his designee.

i) No implications of endorsement. Freelance writings, speeches or other endeavors should never imply that they carry the sponsorship or endorsement of The Chronicle.

j) Political activities. The Chronicle does not forbid employees from engaging in political activities but needs to prevent any appearance of any conflict of interest. Staff members who wish to become involved with any political cause or campaign should take care not to create the appearance of a conflict of interest. Political involvement could include campaign contributions, volunteer activities, public endorsements, displaying bumper stickers or posters, banners and the like. Be aware that the appearance of conflict can be created by the activities of a spouse or domestic partner. It would create an appearance of conflict, for example, if a political writer covering a campaign, or an editorial writer writing an endorsement editorial in a race, had a spouse or domestic partner active in the campaign, or had posters or bumpers stickers endorsing a candidate in the race. Use your best judgment. When there is a possible question, staff members should consult with the executive editor or his designee.

k) Community involvement. While The Chronicle encourages participation in community affairs, staff members should exercise care to avoid involvements that create either the appearance or reality of conflict of interest between those involvements and their journalistic duties. Any significant or potentially controversial community involvement should be brought to the attention of the executive editor or his designee.

l) Awards. We applaud recognition of staff members and the newspaper, but we exercise great care in which contests we enter and in which awards we accept. The general rule is that the award-granting body should be composed of professional journalists and have an established track record of fairness. We want to avoid any association with contests held by self-promoting organizations because of the appearance of endorsement or conflict of interest that may arise by a Chronicle staffer's participation in such a contest.

m) Anonymity or off-duty work. Cases of conflict or ethical compromise are not alleviated by using a pseudonym or anonymity, or by confining the activity to off-duty hours. Any activity that may cause a conflict or the appearance of one while a staffer is actively employed may also create a conflict or the appearance of one while the staffer is off-duty, on a leave of absence or on vacation. Such potential conflicts should be brought to the attention of the executive editor or his designee.

3. Personal investments. Chronicle staffers must exercise care in their personal investments lest they create the appearance, or the reality, of a conflict of interest. Note also that there are a number of laws about insider trading and trading on inside information. These laws must be scrupulously observed.

a) Insider trading. To avoid real or perceived conflict of interest, employees as a general rule should not own stock or hold other financial interests in companies or securities they are likely to cover as part of their usual assignments. If a business reporter or other staff member with a financial interest in a company outside his or her regular beat is assigned a story concerning that company, he or she must disclose the matter with the assigning editor, executive editor or his designee before undertaking the assignment.

Similarly, editors assigned to handle stories concerning companies or investments in which they have a personal stake must advise their supervisors of their potential conflict.

b) Inside information. No members of The Chronicle staff may seek financial or other paid or unpaid benefits for themselves or others by disclosing or acting upon any non-public information (including the timing of an article's publication in The Chronicle) acquired in the course of their employment at The Chronicle.

c) Stock trading. Staff members may not buy or sell any securities or otherwise make investments in anticipation of forthcoming articles in The Chronicle. In instances where staff members become aware of non-public information concerning a corporation as a result of their employment at The Chronicle, the staff members may not trade on that information until the information has been disseminated to the general public.