Chester paper of record discussion stirs constitutional concerns

Chester, Vt.

CHESTER, Vt. – The Chester Selectboard’s March 18 meeting became controversial early, when Chester resident and former candidate for Green Mountain Unified School District (GMUSD) School Board Randy Miles, who lost his election on Town Meeting day this year, rose during the citizens’ comments portion of the meeting to lodge a complaint against The Chester Telegraph, one of the town’s two papers of record, along with The Vermont Journal.

A paper of record is a publication in which a town is required to publish its legal notices, such as hearing and meeting warnings, in order to satisfy the legal requirement to post such notices publicly a certain number of days in advance. Typically, the paper of record charges the town a fee for this service.

Miles said that in his view The Telegraph “show[s] biased reporting” and “favor[s] one side of politics much more,” giving examples he felt supported his assertion, including certain articles pertaining to his school board race and his opponent in that race. Miles further contended that this alleged bias should disqualify The Telegraph from serving as a paper of record for the Town of Chester and the GMUSD School Board.

This sentiment was later echoed by Selectboard Chair Lee Gustafson, during the portion of the meeting in which the board was to make their paper of record selection. What has been, for the last several years, a pro forma approval of the two outlets quickly became contentious when Gustafson expressed his “concerns relative to some of the reporting recently” featured in The Telegraph.

“I don’t necessarily agree with the tone, or the way it’s presented,” Gustafson said, reiterating Miles’ allegations of “political bias,” and charging The Telegraph with “not painting Chester in the best light.” The comments that generated the most controversy, however, were made when Gustafson tied The Telegraph’s status as one of the town’s papers of record – and thus, the money it receives from Chester to publish the town’s legal notices – to his objections to the tone and perceived bias of its coverage. “As paper of record,” Gustafson said, “we’re paying you a bunch of money every year to print notices…I think there’s a way of stating the facts in a less controversial, less confrontational way.”

Telegraph reporter Shawn Cunningham, who was present at the meeting, spoke in defense of The Telegraph’s writing and point of view, explaining that they are “trying to engage with people, and to do it with some style.” Cunningham also said that he does not believe the publication has ever refused to print a letter to the editor criticizing it, and that it encourages the public to comment on the pieces it publishes.

Board member Tim Roper expressed strong disapproval of the proceedings, stating he felt the discussion was “inappropriate” and should not have occurred. “The government has no place telling the press what to print,” Roper emphasized. “This is [the] First Amendment we’re talking about here…it’s a constitutional right.”

Vice Chair Arne Jonynas felt similarly, telling Gustafson that making the connection between The Telegraph’s receiving town funds for printing legal notices and his personal distaste for its reporting style “taints the conversation.” “You [Gustafson] predicated it on that we spend a lot of money on them,” Jonynas said, “and then you talked about how some of the reporting was done, and I don’t think those two should go together.”

Nevertheless, Gustafson stood by his comments, saying he was not trying to “limit or eliminate [The Chester Telegraph’s] ability to print whatever they feel like printing,” but that he feels that “as paper of record, they have some duty to the town to perhaps be more circumspect about how they say things.”

Roper responded that he preferred to end the discussion and put the matter to a vote. In the end, the status quo prevailed, with both The Chester Telegraph and The Vermont Journal approved as papers of record. All four voting members approved the motion, with Gustafson, as the chair, abstaining. Most board members seemed to feel that the continued use of two papers would allow the town’s notices to be seen by the largest number of people, as the two publications reach different audiences.

The board also approved a request from Sharon Baker to use the Chester Green on Sept. 18 and 19 for what she called “Chester Celebrates Special Vermont Foods.” The event will be held the same weekend as the Chester Fall Festival, which has historically been held on the Green, even including “on the Green” in its name. However, in December, the festival committee made the decision to move the festival to Gateway Field, next to the Chester American Legion, on the outskirts of town. This prompted some backlash from citizens, who expressed concern that the festival will lose its unique character, as well as from businesses on the Green, who feel that the resulting loss of business generated by foot traffic from the festival will be detrimental.

The event will be held on Sept. 19, with Sept. 18 being used for setup. Baker described it as “an event that only offers Vermont-made food products to be purchased and taken home,” predicting 20 vendors arranged in the middle of the Green. In addition, Baker said, “Businesses and property owners located on or near the Green will be encouraged to set up canopies on their lawns or in front of their buildings.”

Baker said that the festival committee had encouraged the organizers of the specialty foods event to hold it on the same weekend as the fall festival, and that, while they had considered holding it on other weekends, they ultimately reached the conclusion that it would be best for both events if they were held at the same time.

The board approved Baker’s request.

The board also heard from Anne Henshaw, who was standing for one of two vacancies on the GMUSD Board. Of the five candidates who had come forward, only Henshaw chose to attend the meeting and speak to the board. Henshaw said she and her family had traveled the country for three years “when Covid hit,” ultimately deciding to settle in Chester. Henshaw expressed her deep appreciation for the Chester community, and said that she “seeks the opportunity to serve out school community with the skills I believe I possess.”

Due to recent changes at the state level, the responsibility for choosing members to fill vacancies has passed from the selectboard of the town whose representative is being appointed, to the school board. As such, the selectboard expressed hesitation to make a formal recommendation, saying only that all five candidates were “eligible.” Henshaw was ultimately appointed to the GMUSD Board at their meeting the following Friday, March 20, along with Caitlin Miller.

The Chester Selectboard will next meet on Wednesday, April 1, at 6:30 p.m., at the Chester Town Hall.

 

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