Report Says Ex-Chief of Public TV Violated
Federal Law
NY Times
By STEPHEN LABATON
Published: November 15, 2005
WASHINGTON, Nov. 15 - Investigators at the Corporation for Public
Broadcasting concluded today that its former chairman repeatedly broke federal
law and its own regulations in a campaign to combat what he saw as liberal
bias.
A report today concluded that Kenneth Y. Tomlinson, shown here testifying on
funding for public broadcasting in July, repeatedly broke federal law in a
campaign to combat what he saw as liberal bias.
A scathing report by the corporation's inspector general described a
dysfunctional organization that violated the Public Broadcasting Act, which
created the corporation and was written to insulate programming decisions from
politics.
The corporation received $400 million this year from Congress to finance an
array of programs on public television and radio, although its future financing
has come under heavy criticism, particularly from conservative lawmakers. Its
board is selected by the president and confirmed by the Senate.
The corporation's former chairman, Kenneth Y. Tomlinson, who was ousted from
the board two weeks ago when it was presented in a closed session with the
details of the report, has said he sought to enforce a provision of the Public
Broadcasting Act meant to ensure objectivity and balance in programming.
But the report said that in the process, Mr. Tomlinson repeatedly crossed
statutory boundaries that set up the corporation as a "heat shield" to protect
public radio and television from political interference.
The report said he violated federal law by being heavily involved in getting
more than $4 million for a program featuring the conservative editorial writers
of the Wall Street Journal. It said he imposed a "political test" to recruit a
new president. And it said his decision to hire Republican consultants to
defeat legislation violated contracting rules.
Mr. Tomlinson, in a statement distributed with the report, rejected its
conclusions. He said that any suggestion that he violated his duties or the law
"is malicious and irresponsible" and that the inspector general had opted "for
politics over good judgment."
"Unfortunately, the Inspector General's preconceived and unjustified
findings will only help to maintain the status quo and other reformers will be
discouraged from seeking change," said Mr. Tomlinson, who has repeatedly
defended his decisions as part of an effort to restore balance to programming.
"Regrettably, as a result, balance and objectivity will not come soon to
elements of public broadcasting."
While some of the details under investigation were disclosed in a news
article last May, the inspector general's report is the first official
conclusion that Mr. Tomlinson violated both the law and the corporation's own
rules. The report is also the first detailed and official inside look at the
dynamics of the corporation as some of its career staff have struggled with
conservative Republicans appointees seeking to change its direction.
The author of the report, Kenneth A. Konz, was hired by the Corporation for
Public Broadcasting in the 1990's to be its inspector general after retiring
from the federal government, where he had served as a deputy inspector general
at the Environmental Protection Agency.
No sanctions or further action against Mr. Tomlinson will follow from the
report's findings, Mr. Konz said. But some broadcasting officials fear it may
be used to attack the corporation's budget, which is already in jeopardy as
lawmakers look for money to help pay for rebuilding the Gulf Coast and starting
an avian flu inoculation program.
The report said that Mr. Tomlinson violated federal law by promoting "The
Journal Editorial Report" and said he had "admonished C.P.B. senior executive
staff not to interfere with his deal to bring a balancing program" to public
broadcasting. The board is prohibited from getting involved in programming
decisions, but the investigators found that Mr. Tomlinson had pushed hard for
the program, even as some staff officials at the corporation raised concerns
over its cost.
An e-mail from around the same time shows that he threatened to withhold
some money to public broadcasting "in a New York minute" if public broadcasting
did not balance its lineup.
The investigators found evidence that "political tests" were a major
criteria used by Mr. Tomlinson in recruiting the corporation's new president,
Patricia Harrison, a former co-chairwoman of the Republican National Committee
and former senior State Department official.
According to the report, she was given the job after being promoted for it
by an unidentified official at the White House. Investigators found e-mail
messages between Mr. Tomlinson and the White House that, while "cryptic" in
nature, "gives the appearance that the former chairman was strongly motivated
by political considerations in filling the president/C.E.O. position." The
corporation's presidency, its senior staff job, has historically been reserved
for a nonpartisan expert in public broadcasting.
The report said Mr. Tomlinson defended his decision to hire a candidate with
strong political ties because of the need to build relationships with Congress
for future funding requests.
Ms. Harrison disputed suggestions that she was motivated by politics.
"Only actions will dispel critics who believe I have a political agenda,
which I do not have," Ms. Harrison said in an interview today. "I want to
define my tenure in as open a way as I can." She said that excellence,
creativity and quality are as important in programming as objectivity and
balance.
The report said politics might have been involved in other personnel
decisions. In one case, a candidate to become the senior vice president for
corporate and public affairs was asked by a board member about her political
contributions in the last election. Another official was given a particular job
title at the corporation at the request of the White House, the report said
The report said Mr. Tomlinson's decision to hire two Republican consultants
to help the corporation in its lobbying efforts against public broadcasting
legislation last year was "not handled in accordance with C.P.B.'s contracting
procedures." The inspector general criticized another contract with a
researcher to monitor the "Now" program, when its host was Bill Moyers, because
it was signed by Mr. Tomlinson without informing the board and without board
authorization.
The report said that a White House official, Mary C. Andrews, worked on a
plan by the corporation to create a new office of ombudsmen to promote balance
in programming. Ms. Andrews had been hired by the Corporation for Public
Broadcasting at the time but was still on the White House payroll.
It said her efforts "appeared to be advisory in nature and she did not
provide the ombudsmen with guidelines on how to operate or interfere with their
functioning."
But it also found that the decision to sign contracts with two ombudsmen
"does not appear to comply with established C.P.B. procurement processes."
Following a board meeting this morning at which the corporation adopted a
series of resolutions to impose tighter financial controls, Mr. Tomlinson's
successor as chairman, Cheryl Halpern, met with senior lawmakers in hopes of
blunting any political fallout.
But the report poses its own problems for Ms. Halpern, a Republican
fund-raiser, and the rest of the board, which for many months supported Mr.
Tomlinson's broader efforts at objectivity.
"Our review found an organizational environment that allowed the former
chairman and other C.P.B. executives to operate without appropriate checks and
balances," the report said. It ascribed the problems, in part to the "culture
of C.P.B."
Ms. Halpern headed the board's audit committee under Mr. Tomlinson, and she
raised concerns among executives at National Public Radio for criticizing its
coverage of the Middle East. She was also Mr. Tomlinson's choice to succeed
her, in part, he has said, because of her continued commitment to end any
programming bias.
The report questioned a severance package for the corporation's former
president, Kathleen A. Cox, who was forced to resign abruptly last April after
a series of disagreements with Mr. Tomlinson. According to the report, the
package was more than three times her annual compensation, and Mr. Tomlinson
structured its payouts over a period of years so that the lump sum would not be
disclosed on publicly available tax records.
In a statement attached to the report, Ms. Cox named other board members
aside from Mr. Tomlinson who she said were involved in some of the decisions
criticized by the inspector general. Ms. Cox said she was forced to resign
after Mr. Tomlinson told her that she was "not political enough" for the
job
The report came in response to requests by two senior Democratic lawmakers,
Representative David R. Obey of Wisconsin and John Dingell of Michigan. Their
request followed an article in The New York Times last May that described the
contract to monitor the "Now" Show, the plan to hire Ms. Harrison, the role
played by Mr. Tomlinson in promoting "The Journal Editorial Report," and Ms.
Andrews role in the creation of the office of ombudsman.
Mr. Tomlinson remains the head of the Broadcasting Board of Governors, which
supervises all American government-broadcasting programs overseas. The
inspector general of the State Department is examining accusations there of
misuse of federal money and the use of phantom or unqualified employees by Mr.
Tomlinson.
In a recent letter, Senator Chris Dodd, Democrat of Connecticut, asked
President Bush to consider ordering Mr. Tomlinson to step down from the board
of governors until that investigation was completed.
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