The Montclarion

Issue date: 1/24/08 Section: News

The Montclarion, Montclair State University's student-run newspaper, was prevented from publishing its first issue of the semester, due to a Jan. 22 budget freeze by its parent, the Student Government Association (SGA).

SGA bookkeeper Pamela Mitchell contacted the publishing company, Wall, N.J.-based RFM Printing, to inform them of the funding suspension and to instruct them not to publish the Jan. 24 issue of the paper, or any subsequent issues, until further notice. The production coordinator who spoke to Mitchell recited notes she had from the conversation.

"It was very matter of fact," said the employee. "[I was told] do not print an issue until further notice."

The freeze was initiated through an undated letter addressed to Montclarion Editor-in-Chief Karl de Vries on Tuesday, Jan. 22, the first day of spring semester classes. The reasons cited were related to a legal counsel agreement between The Montclarion and its former attorney on Jan. 19, 2007.

Attorney Sal M. Anderton, who represented The Montclarion for nearly a year, was fired by SGA President Ron Chicken in December . Anderton advised the newspaper in its pursuit against the SGA for what The Montclarion maintains is a closed session practice in violation of the New Jersey Open Public Meetings Act.

The budget freeze letter, signed by Chicken and SGA Treasurer Melissa Revesz, claimed an improper legal service contract, a violational "expenditure of funds," and the denial of The Montclarion to submit the correspondences between the newspaper and the attorney.

The Montclarion's position is that the information is protected by attorney-client privilege. The paper will continue to refuse the request. Chicken requested the records verbally on Nov. 14, again on Dec. 5 and in a letter on Dec. 13.

Last year's SGA President and Treasurer approved the payment of Anderton's $5,000 retainer fee. The fee was drawn from the SGA's own budget, from a line previously designated and approved by the legislature as "Montclarion Legal Fees."

"Technically that's the contract," said Angelo Lilla, former SGA President, of the purchase requisite he signed approving the retainer fee. "It's a document with two signatures approving and showing proof that we understand and agree to the terms of payment."

Chicken established in December that The Montclarion would receive legal counsel and advice, if necessary, from SGA attorney Aaron Easley. The Montclarion must submit legal queries for Easley through Chicken and is not permitted to access him directly.

Chicken's response was that he didn't believe it was "necessary at the time," when The Montclarion asked for direct access to Easley following notice of the frozen account.

SGA Attorney General Joe Specchio said that the budget will remain frozen until a decision is made by the legislative body. The first general meeting of the legislature is Wednesday, Jan. 30.

"People can construe this as The Montclarion being punished for the mistakes of former SGA executive board members," said Specchio.

Lilla added, "[Chicken] can't punish [The Montclarion] for something that happened last year. We still paid and agreed to pay [The Montclarion's attorney]."

The Montclarion is a media organization of the SGA. It receives $16,500 from the SGA per semester for initial publishing costs and the rest of its operating costs are covered by the advertising revenue it earns. Last academic year, advertising sales were $60,118, an average of $2,405 in profits per issue.

The cost to print each issue ranges, but is roughly $2,000 per week.

Revesz said that the decision to freeze The Montclarion's budget was agreed upon by the entire four-member executive board. She said they did not discuss The Montclarion's advertising business when arriving at their decision.

She said that The Montclarion is being held accountable for last year's service agreement, despite the approval from Lilla, because "it's not only the President's responsibility [to understand the rules]."

Chicken did not return a call for an interview and upon a visit to his office said that he didn't have the time to speak with The Montclarion. His only comments were "We're working on it now" and "I'll let you know as soon as a decision's been made."

Rose Mary Howell is the dean of students and direct advisor to the SGA President. She said that Chicken did not consult her on the decision and that a message late that afternoon was the first she'd heard of the situation. "The President and I, I thought, had come to an agreement that there would be enhanced communication," said Howell. "This was not, in my opinion, what I envisioned would be enhanced communication."

Fatima deCarvalho, director for the Center of Student Involvement and SGA advisor, was also not consulted. Howell, deCarvalho, Specchio and advisor Rick Brown had a meeting with Chicken around 4 p.m. on Wednesday.

The Student Press Law Center, a national advocacy organization, reported Student Government President Fires Newspaper's Attorney," on Dec. 12. They have been updated on the conflict.

The Montclarion will continue to publish on the Internet at themontclarion.org, and will distribute pamphlets of editorial content on campus until printing rights resume.

Here is the letter The Montclarion received from the SGA on Tuesday afternoon.

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