TOKYO —
The Foreign Correspondents’ Club of Japan, which became famous for exposing the late Prime Minister Kakuei Tanaka’s “money politics” back in 1974, and more recently having held press events featuring the mother of Kenji Goto, the Japanese journalist executed by the Islamic State, and U.S. base opponent, Okinawan Gov Takeshi Onaga, this year observes the 70th anniversary of its founding in 1945. But what Shukan Shincho (June 4) describes as a “family quarrel” may threaten to put a damper on any celebrations.
At the center of the controversy is the club’s First Vice-President, American Michael Penn.
“On June 10 the club will be holding elections for president and board members,” an unnamed source said to be “involved with the club” tells the magazine. “Mr Penn was said to be the most likely candidate to run for president, but the question was raised over whether or not he qualifies as a regular member.”
“Regular member” is defined as “a journalist based in Japan, whose majority of articles are reported overseas.” Penn’s employer, the Shingetsu News Agency, lists him as its CEO and main journalist. However, questions have been raised over his activities as a journalist.
“The Membership Committee, which functions under the board of directors, requested Penn to provide materials to review his membership status, but he has not complied,” the source continued. (Actually the source used the Japanese term “mokusatsu,” a word laden with historical baggage—c.f. the Potsdam Declaration—whose translation can range from “withheld comment” to “treated with silent contempt.”)
“What seems to be the case is that the address of the Shingetsu News Agency is not a registered corporation but a private residence in California,” he explained.
The club’s membership committee thereby advised the board of directors that Penn did not possess qualifications to be a regular member. The board of directors, however, overruled the membership committee, and on May 14 moved to recognize Penn’s status as a regular member. This set the stage for the five members of the membership committee to resign in protest en masse two days later.
While Penn has held off on clarification of the status of the Shingetsu News Agency, he is said to have taken a confrontational posture toward the membership committee, having affirmed his achievements, saying, “In April, we concluded a contract with a media organization in the Netherlands, and Shingetsu boasts 4,000 followers on Twitter. It is a trend in the media for small Internet news agencies like mine to be in a constant state of change.”
So how about having Penn holding a press conference, Shukan Shincho’s writer asks. It is, after all, his specialty.
Japan Today
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M3M3M3 at May. 29, 2015 - 07:35AM JST
I've never been a fan of the FCCJ. It seems like most of the members sit in that room and wait for the news to come to them.
That said, perhaps some of the management positions in the FCCJ should be open to non-journalists? Someone who is a great journalist might be a poor president and vice versa. There are different skills involved.
Yubaru at May. 29, 2015 - 07:45AM JST
Seeing as how this is Japan it's not unusual it seems.
zones2surf at May. 29, 2015 - 08:56AM JST
The FCCJ is analogue in a digital world. Or should I say a 20th century institution operating in the 21st century. Like other foreign correspondent clubs in Asia, it thrived in the post WW2 era, when there were many print and then TV reporters for foreign media based in Asia. Major newspapers, magazines and then TV networks all had reporters on their payrolls and, of course, had their own bureaus in the major cities.
In the case of the FCCJ, the FCCJ was most definitely a social club, where members could swap stories, share a drink and, indeed, discuss news related ideas and leads with other journalists. And, of course, it fit in quite well with Japan's kisha system, which made it very difficult for foreign journalists to gain access to a variety of news conferences/chats that domestic publication reporters could access.
However, times have changed dramatically. Many media outlets have shut down their Tokyo bureaus or reduced staffing greatly, relying on freelance reporters and others. In addition, the news gathering and reporting methodology has changed dramatically as well with the internet. The impact on the FCCJ, its membership and its role in the lives of foreign correspondents has been tremendous. I don't normally post links to other media articles, but the attached article is very informative.
http://ajw.asahi.com/article/globe/backstage/AJ201202260018
Which provides the backdrop to this article and Michael Penn. The idea that this gentleman, regardless of his residence and the status of his "news organisation" is a First Vice President and a possible candidate for President of the FCCJ speaks volumes as to the current state of affairs at the FCCJ and the dearth of journalists from established media outlets who are members and who are interested in taking on this role.
As for Mr. Penn, given some of what I have seen on the internet, I believe his intent has been and continues to be to use his position at the FCCJ to lend gravitas to his journalistic credentials and as a means of self promotion. Nothing wrong with that per se, but, again, it speaks volumes about the state of affairs at the FCCJ.
GalapagosnoGairaishu at May. 29, 2015 - 09:16AM JST
More like, "share lots and lots and lots of low-priced drinks and then in their booze-befuddled mind, throw a right cross at another member at the table who had said, or written, something to which they vehemently disagreed."
Frungy at May. 29, 2015 - 09:36AM JST
Okay, could someone please clarify this for me? To qualify as a regular member the journalist (in this case Penn) needs to live in Japan and publish most of his articles overseas.
The sticking point seems to be the address of his company, Shingetsu news.
How does the address of his company have any bearing on where Penn lives? How is having an overseas address for his company make any difference?
Are they trying to imply that his having a home in a foreign country means he isn't a resident in Japan?
I'm a bit confused. This article seems remarkably light on facts and very heavy on commentary... which is a pretty damning commentary on the status of reporting at the FCCJ.
GalapagosnoGairaishu at May. 29, 2015 - 10:13AM JST
It would be unlikely that Shukan Shincho's reporter is a member of the FCCJ, but perhaps he could have done a better job of explaining to the Japanese readers (if he understood himself). It is a given that foreign correspondents are sent to Japan (or hired locally in Japan) by sponsoring organizations based outside Japan. The article seems to be saying that the "Shingetsu News Agency" that Penn claims to be his sponsor does not appear to exist as a genuine corporate entity, and that the address in California (Santa Barbara according to Shingetsu's web site), is not located in a commercial property but a private residence -- perhaps that of a parent or sibling of Penn. These particulars have created a schism between the committee and the board, and now the kid gloves are off --- just days before the election of officers is to be held.
M3M3M3 at May. 29, 2015 - 10:48AM JST
@Frungy
I think the fact that the news organisation Penn belongs to is registered at a private residential address in California is not in itself wrong or enough to disqualify him from being vice-president,... but it is relevant to the larger complaint that Penn is simply not a bona fide journalist (which would disqualify him from even being a member of FCCJ let alone the vice president).
But I'm not sure how many stories you have to write or how big your news organisation has to be to be a member of the FCCJ.
ManjiroX at May. 29, 2015 - 12:02PM JST
zones2surf's last sentence nailed it. It does, indeed, it speaks volumes about the state of affairs at the FCCJ. I know Penn; he's a good guy and he truly believes in what he's doing. He's not perfect, but he has a clear vision of what he wants to do. He's certainly taking the hard road; it's tough to slog it out against the major agencies. And, he does have a point - in the new world of media, the traditional journo working under some large media banner filing stories is quickly becoming an anachronism. A lot of the traditional journos at FCCJ feel threatened by new media when they should be embracing it. A couple of years ago, the FCCJ unveiled a new website with video capability, where members could register and view press events live (and the plan was to have non-members pay a fee to view). The club could also archive that footage and sell it out to other places, such as Fuji TV, NKH, etc., for cheap.
There was a lot of concern that streaming events would take away from club attendance, but those fears were soon dispelled. However, some of the video journos saw the streaming as a direct threat to their way of life since their livelihood depends on charging fairly steep rates to these news outlets for the same video coverage. The video journos, acting like the record companies in the US when Napster came to town back in 2000, moved very quickly to kill the streaming capability. Why? They made all sorts of nonsense claims about copyright, video quality, etc., but there was one reason and one reason only they did that: to protect their cartel. The traditional journos who decide not to embrace new media will, ultimately, go the way of the dinosaurs - and they know it. Michael Penn is disrupting the news biz, and that's pissing a lot of the old guard off. The old guard will do everything in their power to prevent change, but, in the end, like Czar Nicholas, they're the ones who will be out of a job. Good luck, Penn and ganbatte, bro. Fight the good fight.
M3M3M3 at May. 29, 2015 - 12:39PM JST
What is the FCCJ's criteria for assessing whether somone is a journalist/correspondent? I checked their site but they just give details of the membership fees.
I can see how we need to protect small organisations and freelancers and encourage new media but lets be honest, there are probably 10x as many people who are reading M3M3M3's JT comments on life in Japan than are reading the Shingetsu News Agency's website. Should I be allowed to join the FCCJ and run for president? Obviously not. Does that change if I post my thoughts onto a smart looking website and call myself a new media CEO? It's a difficult question.
It might seem like nothing much to worry about but if there aren't clearly defined rules on who is or is not a journalist, what stops 100 right-wing Japanese bloggers setting up English language websites, joining the FCCJ and hijacking the organisation?
GalapagosnoGairaishu at May. 29, 2015 - 01:34PM JST
Some journalists tend to be prima donnas with an hyperinflated sense of self importance, and this almost guarantees that members of such organizations spend inordinate amounts of time bickering bitterly over trivial issues. But with its "70-year history," one would expect that the FCCJ would at least be able to define what it takes to be a foreign correspondent. If you're not one you can still belong to the club, but not sit on the board (which entitles one to dodge brickbats from the rank-and-file membership).
nakanoguy01 at May. 29, 2015 - 01:43PM JST
uh, didn't they check all of this when he became vice-president? their vetting process needs to be reevaluated. speaks to the shoddy state of journalism me thinks.
ShibaRyotaro at May. 29, 2015 - 01:54PM JST
What the Shincho article doesn't report on is that there is a history of bad blood between Penn's faction on the board of directors and the faction who sat on the membership committee. A little too inside-baseball, for sure, but this latest conflagration is not exactly unexpected. It's an ongoing spat, and the membership committee is dredging up the fact he operates (unofficially) out of his mom's basement to score some points.
I guess you could also say that Penn is abrasiveness and a bit of a dick, but he is a professional journalist. What's sad however is that I'm guessing the office of the president must come with a stipend. As a freelancer (Shingetsu is a one-man show) Penn must be just scraping by. He does good, insightful work I think but it's his personality in this context that is the challenge... Not a politician, that's for sure.
M3M3M3 at May. 29, 2015 - 03:12PM JST
@ShibaRyotaro
Thanks for the info. I had a look at some of the others running for President. There are some fairly serious contenders working for legit media outlets like Bloomberg, The Business Times (Singapore), The Sanmarg (India), and a freelancer who writes for Forbes.
Seems to me that even if Penn is a smart hardworking guy, he must realise that reputation is everything in Japan and that it's probably in the best interest of the the FCCJ to be headed up by someone with a bit more institutional gravitas.
zones2surf at May. 29, 2015 - 03:38PM JST
In reviewing the information available on membership at the FCCJ, which is not complete, it seems that there are a number of issues at work here.
First, and most importantly, what the requirements to be a member? And in this case, I am referring to being a Regular Member, as it is my assumption that only Regular Members can become officers/directors. There appear to be a few requirements: being a resident in Japan, potentially being an accredited press member (with a Ministry of Foreign Affairs Press ID #), and potentially belonging to a recognised press organisation.
Second, does Penn meet these requirements? Again, I don't know, but it seems that this is more than just being a part of an established press organisation vs. a "new" press organisation. It appears to also be about residency. Does Penn even reside in Japan under the appropriate visa status. @nakanoguy01 makes the very good point of the vetting of him. If he didn't/doesn't meet the requirements, then how did he become not only a member but a First Vice President?
Which, of course, gets to the third point, which @ShibaRyotaro speaks to, and that is that this is really nothing more than an internal soap opera and power struggle, with facts and rules being twisted, overlooked, bent, etc.
Finally, as @M3M3M3 notes, I would venture to say that, regardless of the role of "new journalism" in the 21st century, I would imagine that, regardless of how good of a journalist Penn is, there would be a naturally tendency by members to have the FCCJ represented by someone with a little bit more institutional gravitas. Otherwise, it makes it easier for the domestic power players in government and industry to be more dismissive of the FCCJ.
darnname at May. 29, 2015 - 03:40PM JST
I think having Twitter followers should disqualify anyone for anything forever. :)
havill at May. 29, 2015 - 03:45PM JST
I've got a blog *, a twitter account, and a private address too. Can I has FCCJ prez too?
I bet I have more traffic, followers, and even ad revenue than ShinGetsu too. AND I have more writers (12).Let's turn FCCJ into a blogger's club!
Let ALL the bloggers and bloggers in!
zones2surf at May. 29, 2015 - 04:23PM JST
@havill:
And therein lies the question: what makes a journalist a journalist in the digital/on-line era?! I think is being debated around the world, particularly where press pools exist.
As for joining the FCCJ, my guess is that the FCCJ would welcome your application... and, most importantly, your money!!
Jalapeno at May. 29, 2015 - 04:37PM JST
In Michael Penn's eyes, he's a journalist, just like many waiters in L.A. are "actors" if you ask their profession.
I doodled a bird on a napkin the other day. I hereby declare myself to be an artist.
JeffLee at May. 29, 2015 - 04:44PM JST
All the Shingetsu output I've seen is strictly amateur hour. The quality is maybe OK for a layman's blog or personal youtube site, but gimme a break. I assume the FCCJ wants a leader who at least appears to be a professional.
M3M3M3 at May. 29, 2015 - 05:35PM JST
This is a video about the Shingetsu News Agency from their youtube channel. It tells you everything you need to know.
https://youtu.be/OWLgLSF_jz4
FCCJ Insider at May. 29, 2015 - 05:42PM JST
Being very involved and an insider at the FCCJ as the implies, I think I can clear up some of the misunderstandings.
The issue with Mr. Penn is quite cut and clear. He claims to be the CEO of a news agency. When you hear news agency, you think of a business. Size does not matter. Even a one man show is fine. The issue is that the Shingetsu News Agency does not legally exist. There are no corporate or tax filings for it in the Untied States or Japan. This has been verified and Mr. Penn has not been able to provide evidence to counter these claims since requests started late last year.
Another issue is Mr. Penn used his non-existent Shingetsu News Agency to obtain a government issued press card. Considering that there is no Shingetsu News Agency, there are questions as to what he provided as proof for Shingetsu News Agency.
He also used his nonexistent news agency to sponsor two friends for membership at the FCCJ. Again, this is questionable.
He uses his nonexistent news agency to recruit young students looking to learn about journalism as unpaid interns to help with production. Imagine if these were your kids.
He introduces himself as the president of a news agency. When you are told someone is the president of a news agency, you expect there to be an actual business.
As for Mr. Penn’s journalism background:
He has been working in journalism for just over four and a half years. He was recommended for a reporter job by a friend of a friend after the contract from the university he worked for was not renewed by the institution.
His first journalism job was working for a small television network funded by the Islamic Republic of Iran. This did not last long as his contract was not renewed by the network.
It was around this time that he claims to have founded the Shingetsu News Agency. In reality, all the evidence shows is that all he did was make a website and print out some business cards.
He has been struggling since then trying to get clients for his “agency”, but the majority of them have been occasional. Much of his work is for websites that he has given it to for free to make “Shingetsu News Agency” appear successful.
To answer about the FCCJ and verification: Many journalists are pretty lazy. Like most people, they do not question enough. If I told you I work for Toshiba as a systems engineer, you would not question me. If I told you I have a small media company, you would not demand to verify if the company really exists. The same for Mr. Penn. Nobody bothered to look into him until he became a “public figure” of sorts. The same thing happens to most public figures.
If you look at the FCCJ’s sister organization, the FPIJ, they actually declined membership to Mr. Penn over his credentials. They even changed the language in their requirements to include the word “legitimate” before organization in response.
Believe me, there is not one single journalist that feels threatened by Mr. Penn’s business. Mr. Penn is indeed disrupting the news business, but not in a good way. This controversy is proof enough.
I like the idea of Mr. Penn holding a news conference to counter these claims. If he has nothing to hide, they why fear a few questions?
M3M3M3 at May. 29, 2015 - 07:19PM JST
@FCCJ Insider
Thanks for the inside info. It certainly seems that Mr. Penn might be a bit of a character. (He seems to enjoy wearing a war correspondent's vest in all of his photos)
However, I was a bit surprised to read in your comment that size doesn't matter at the FCCJ but that the real problem here is that the Sangetsu News Agency (SNA) doesn't legally exist and that there are no corporate tax filings. I'd like to ask whether being registered as a corporation a requirement at the FCCJ?
In defence of Mr Penn: In Japan, the SNA could still 'legally exist' as a business entity even without being a corporation (but just not as a separate legal entity from Mr. Penn). He would simply have to go to the tax office to register his status as a 'kojin jigyo' (basically a sole proprietor) and inform them of his trading name. If Mr. Penn is a one man operation without shareholders, it might not be all that surprising that he would choose to avoid the expense of setting up a corporation and filing corporate tax returns. Also, I can't imagine that operating as a kojin jigyo would disqualify someone from gaining government press credentials. Maybe the FCCJ have already considered all of this but I thought it might be worth pointing out.
Frungy at May. 29, 2015 - 07:42PM JST
Thanks for the clarification M3M3M3.
FCCJ Insider - I searched in vain for a public listing for the company and the "shingetsu new agency" homepage now refers me to a new page.
I think you may be correct. However, if the rules are correctly reported then he doesn't need a company to be a journalist, he merely needs to produce articles that are published in Japan. There are many free-lance journalists.
I think the company thing is a red herring and a completely separate issue.
zones2surf at May. 29, 2015 - 08:27PM JST
Hmmm, all very interesting.
It seems to me that the issue here are the FCCJ's requirements to become a Regular Member. It is entirely possible that there may be an implicit understanding of what the requirements are and, therefore, an assumption as to Penn's "news agency" when he became a member.
Nevertheless, if the FCCJ's membership rules are not explicit and Penn became a Regular Member because the Membership Committee didn't thoroughly vet him, as long as he did not lie on his application and subsequently was approved on the basis of the information he provided, then it seems to me that the fault lies with those approving his original Regular Membership application. And with the FCCJ with not having clear, explicit membership criteria.
Now, if fraud can be proved and if Penn's original application explicitly violated the written criteria (not the intent or spirit of the criteria), then that is a different matter.
Make no mistake, not taking sides, just thinking the FCCJ may want to revisit its membership criteria/requirements and vetting process.
BenUriel at May. 29, 2015 - 09:00PM JST
I just thought I would correct some of the facts that inevitably get confused. The FCCJ has about 1800 members A little over 300 of these members are "Regular Members". Of these about 150 are retired for the most part Japanese journalists (A Japanese journalist traditionally could become a regular member if he or she had reported overseas or worked for a foreign press organization. More or less). Of the 150 or so "active correspondent regular members, probably about 50 work inside a large news organization. Of the remaining 100 "free lancers" about half are "affiliated" meaning they are an overseas news organization's "man or woman in Tokyo" but are not formal employees (and can work for other organizations or sell their own stories).
The remainder of the active regular members list themselves as free lancers although my understanding is that an active regular member always has at least one organization to whom they regularly send work. Until recently at least, a regular member had to make most of their income in journalism. There was an exception (The Michner exception) for authors. There are probably about 20 notable "authors" at the FCCJ meaning most of you would recognize their names or what they wrote. Active (non-retired) regular members average in age at a guess at about 50 years old. There are few twenty year olds but the numbers pick up at 30 and there are quite a few in their 40's.
My guess is that active regular members are about evenly split between Japanese and Foreign. Participation on Boards is heavily skewed to foreign active 40-50ish in age Regular Members with, in recent years, more freelancers than bureau people. The idea that the bureaus or their members feel besieged is wrong. Most of the most intense conflicts among Regulars these days are among free lancers about other issues. This class of people is a great deal more media savvy than the above commentators seem to realize. I know of several Regular Members (some are pro-Mr. Penn and some are anti-Mr. Penn) who are quite good at such things.
Next there are (I am guessing) 150~200 professional associates. These are genuine journalists and near journalists who work for a Japanese news organization or do not work for an overseas organization they could get to sponsor them. About half Japanese and half Foreign. This class essentially has the same rights as the associates below. There has been some resentment and, to the FCCJ's credit, some movement to provide them more active participation on the professional side.
The remainder of the members are "Associate Members" essentially local business people, attorneys, PR people, diplomats and the like. They are over 1000 strong, joined originally in the 1950's when after the first "brush with irrelevance" a contingent of the American Club (I think it was - Where is Ernie when we need him) offerred to join and by their patronage as associate (non-voting members) stabilize the finances of the struggling press club. Together with the Professional Associates provide close to 90% of the FCCJ's income through dues and restaurant and bar revenues. They can attend press conferences and ask questions when journalists have none left to ask and have long been able to serve on various committees (but not on the PAC or the membership committees) About 15 years ago, the Associate Liaison Member Committee began to lobby for Board participation largely to provide business expertise (finance) that was easier to draw from a pool of 1500 associates than 150 active regulars. The campaign was not acrimonious and when the FCCJ became a Public Interest Incorporated Association last year the rules were changed to allow 3 directors to be chosen from the Professional Associate and Associate ranks. These "Associate" directors cannot hold the office of president. but can hold other offices.
There are probably 2 and perhaps 3 foreign journalists living and working in Tokyo who are not members for every one who is a member. Younger journalists or journalists here for a short stay in large organizations do not need the facilities when they have good facilities at their bureaus and the dues are something that may be pricey at a starting salary level. And to start with as I mentioned there are few 20 year olds among our Regular members to begin with (I think there are a very few).
There has been in the recent past some very intense, and to be fair principled, infighting over whether to move to Public Interest Status or not (A referendum among Regular Members was held to determine whether it should and it was passed) Ancillary to that the Membership was told that both to solve serious financial problems and to meet criteria for Public Interest Status, the food and beverage operation (Restaurant and Bar) would have to be outsourced. To do this they terminated 50 employees (out of about 100 - some of whom had been long term). The result of this was lawsuits by the employees and the employees union and additionally a lawsuit by some Senior Regular and Associate Members seeking reversal of the outsourcing resolution in solidarity with the terminated staff. These lawsuits continue after 3 years and create a certain amount of the acrimony perceived in today's FCCJ.
I welcome correction of anything I have written above by anyone wiser in the rules (and there are many) and not that my explanation reflects the rules until last year when Public Interest status brought about some significant rule changes. But the membership classes and demographics remain largely the same.
I suspect FCCJ insider has already made some points about the finer details of the recent article concerning Mr. Penn and the controversy behind it and Mr. Penn is quite able to -and the most appropriate person to- speak to those points as he thinks best so I offer no additional information in regard to that matter.
I just thought the discussion might benefit from a bit more precision as to what the FCCJ is and who comprise it and what they do.
piopio at May. 30, 2015 - 12:23AM JST
Just to add that Mr Penn, who is certainly a journalist but NOT a foreign correspondent, is not the only candidate at next FCCJ elections who has no proper qualification to run. Also Mr. Masaki FUKUNAGA, incumbent Second Vice President is NOT a foreign correspondent. His main job is teaching - supposedly for free- at a Tokyo minor university and sitting around in the FCCJ bar. A hard working journalist, indeed
TrevorPeace at May. 30, 2015 - 03:28AM JST
Not to be a nitpicker, but as a former media executive, '4,000 followers on Twitter' does not make one a journalist.
turbotsat at May. 30, 2015 - 08:23AM JST
Seems to amount to 'We don't want your kind here.'
A sole proprietor is still a proprietor.
A couple of hits from a news.google.com search: "michael penn" tokyo
https://en-maktoob.news.yahoo.com/japans-comfort-women-battle-spills-us-185228544.html
http://www.aljazeera.com/indepth/features/2014/09/japanese-right-targets-liberal-media-shinzo-abe-2014924105723376178.html
Frungy at May. 30, 2015 - 09:14AM JST
Is Mr. Penn based in Japan? Apparently so.
Are the majority of his articles reported overseas? Apparently so.
Everything else is irrelevant to the actual issue under discussion, which is whether Mr. Penn meets the criteria for a "regular member".
Roger Schreffler at May. 30, 2015 - 09:36AM JST
To zones2surf or whoever you are:
I am writing to clarify several issues about the FCCJ's membership guidelines and Michael Penn's fraudulent behavior. Although I am not a club fiduciary, I am well-versed on the guidelines. I also wrote the original report which exposed Penn for not being who he claims to be.
(See https://www.facebook.com/notes/sos-fccj-save-our-club-save-our-staff/prosand-cons-the-fccjs-newly-elected-board-three-who-arent-who-they-say-they-are/651900914906990)
What Penn is not is president of a 'news agency'. He is not president of a 'foreign' news agency. He is not 'Tokyo bureau chief' of a news agency. He received 'foreign press' accreditation from the Ministry of Foreign Affairs because he told them that Shingetsu News Agency has a 'home office' in Santa Barbara County, CA. Yes, his father's home in Santa Maria, where he hasn't lived for 20 years.
Shingetsu News Agency has no street address, no post office box, no phone number, no staff. It is not a company.
Does Penn work as a journalist? Probably. So what! Many journalists work as freelancers. But Penn, unlike other freelance journalists, introduces himself at official FCCJ press events as a 'president' of a 'news agency'. Again, he is not. The very idea that the FCCJ's Board of Directors would go along with this scam is astounding. So please don't make this guy into some sort of working class hero.
Big picture: What Penn has done by challenging the membership committee's report is to make it more difficult for every foreign journalist in Japan to receive accreditation. If he hadn't made himself so visible at the club - introducing himself at news conferences as 'president' of a news agency and handing out fake business cards to former prime ministers and other luminaries - it would be a personal matter between him and the ministry. But he is a fiduciary. And he did lie to the ministry.
The FCCJ's Board still has time to reverse its decision regarding Penn's credentials. Lucy Birmingham, the club's president, can call an emergency meeting and re-vote the Board's vote. She can appeal to the membership committee to withdraw their resignations after the Board reverses its decision. She can appeal to the Board member who resigned in protest to rescind her resignation. She can contact the press division at the Ministry of Foreign Affairs and apologize, in her capacity as FCCJ president, for Penn's fraudulent clams.
It's called damage control. And it has to be done. Otherwise, not only the club but all foreign journalists in Japan (perhaps even you, zones2surf) will grouped together as 'dishonest brokers'. It hurts everyone what he's done. Penn and the FCCJ's Board of Directors have given the right-leaning media new ammo to attack the legitimate press in Japan.
Finally, concerning your 'vetting' question: The club's membership committee does not operate like Pinkertons. It is a member's responsibility, according to the FCCJ's bylaws, to inform the committee and Board when he or she no longer qualifies. Under the old rules, which were in effect through March 2014, Penn didn't qualify when his contract with Press TV was not renewed several years ago. He didn't inform the committee.
Under the new rules, he probably qualifies as a freelancer. But not as president of a foreign news agency. And surely, he can reapply as a freelancer. But the Board can't just change his affiliation ex post facto after he's lied for the past two-plus years.
If you're pals with Birmingham, you would do us all a great service by explaining to her what she needs to do. I support the membership committee who resigned in protest. I support the Board member who resigned in protest. I support the chair of the election committee who resigned in protest over this matter. This is not a family spat. This is about credentials fraud.
Roger Schreffler
Hellokitty123 at May. 30, 2015 - 10:31AM JST
While we are on the subject, I have heard that another member of the board most of her income from NHK so surely that would disqualify her too. There are very few real foreign correspondents left in the club so maybe the whole organization needs an overhaul.
Danny Bloom at May. 30, 2015 - 10:45AM JST
So Sna is a one man agency founded by mr penn ? is that right ?
Roger Schreffler at May. 30, 2015 - 11:25AM JST
To HelloKitty & Mr. Bloom,
The club's current president, Mrs. Birmingham, didn't qualify for regular membership when she ran for president in June 2013. At the time, one was required to have a foreign news affiliation. She didn't have one. If you wish, I'll send you the exact wording. In fact, she didn't write a single report for a foreign news outlet during her entire first year as president. Her main affiliation was - and is - an NHK subsidiary.
The club's bylaws changed in March 2014, allowing domestic journalists whose reports are distributed to overseas audiences to qualify for regular membership. It's a good rule change and reflects the changing nature of the Tokyo press corps.
Mrs. Birmingham identified herself as 'freelance' in the club's June 2014 election. But in fact, her main affiliation was, as in the previous year, with the same NHK subsidiary.
So if we were to list up our 70 years of presidents like NFL football champions, she would be the first with no foreign affiliation. This doesn't mean that she never worked a reporter for a foreign news organization (she did). It means she didn't while serving as FCCJ president.
In a sense, she's NHK's first president of the FCCJ.
To Mr. Bloom: SNA is not a news agency. It's a blog. It's a website. Let's not bastardize the language to suit Mr. Penn's ambitions. Whatever we may think of the major news agencies around the world, they have offices, they have staff, they employ professional editors. They pay taxes.
Cheers!
Roger Schreffler
zones2surf at May. 30, 2015 - 11:34AM JST
@Roger Schreffler,
Thanks very much for the extended comments which were very helpful and provided a lot of additional details that were not in the article nor presented here.
Rest assured I have no involvement in matters related to the FCCJ, I do not know Penn or Birmingham, and I am not put pushing any agenda on behalf of anyone. I most certainly have not been commenting in support of Penn.
All I know of the FCCJ is based on what I have read and based on my own observations over the years. It is not specific to the Penn matter. I put forward some ideas and comments, and, indeed, some questions based on that. If you re-read all of my comments from the beginning, I think you will see that I have been very careful to not take sides, only to make observations and ask questions, particularly as I do not know all of the facts.
I appreciate your insights here, just as I appreciated those of @FCCJ Insider and @BenUriel. They are clearly informed by direct knowledge of the affairs of the FCCJ and this specific issue. That is welcome, and, indeed, the purpose of the comment section. Is it not? Comments to articles are most valuable when they result in readers gaining additional information.
One final comment. I still think one of my underlying points remains valid. Journalism is rapidly evolving in the 21st century and I think many are struggling to adjust to that reality. Who is a journalist or not a journalist? What constitutes the press and who becomes an accredited member of the press? With bloggers, on-line only news & commentary organisations and the like, I think this is still fluid. Perhaps I am wrong and perhaps "proper journalists" have come to an agreement on what makes someone a "journalist" or a member of the "press".
And I would argue that this is what has given rise to the Penn matter. That no one questioned who the Shingetsu News Agency was even if it was not well known speaks to the changing times. I would propose that 20 years ago, virtually all members of the FCCJ that belonged to "news agencies" belonged to agencies that everyone knew and recognised. Such is not the case these days.
Strangerland at May. 30, 2015 - 11:50AM JST
It's not. Bloggers are not journalists. Journalists are those who have studied ethics, and write their news under these ethics. Bloggers are hacks who decide they have something to say, and say it. Under that definition, you could call any of us posters on this site journalists - which would be a joke.
BenUriel at May. 30, 2015 - 11:56AM JST
@zone2surf I think that you have provided us a very sound and beneficial comment.
Actually, we have had credentials crises in the past. We have in fact long recognized the importance of freelancers and many of our more prominent members have "exchanged for a time the sceptre for the trowel and apron" and done stints as free lancers and worked out of our work room while between bureau jobs.
There was a credentials crisis about 30 years ago when one Board tried to make sure all of the Regulars were in fact Regulars. As you can imagine there is a lot of gray in such a problem. There was and is a real problem of free lancers who have moved on to PR or consulting and never bothered to tell the Membership Committee. But there was a lot of resentment and acrimony among people - not just those who should have been reclassified as Associates but also among legitimate free liiancers who found the process threatening (human beings all being the lovely subjective creatures that we are) In the event, the two sides opted to bury the hatchet and remain friends and colleagues. And that is why for thirty years the Membership Committee has not actively investigated the Regular Membership at large. And as some commentators have pointed out that creates the opposite problem. However when a member begins to elicit complaints of not qualifying from colleagues, then they will take the matter up and investigate it. That appears to be what happened here (see Mr. Schreffler above) If the crisis of Mr. Penn accomplishes nothing else it may bring us to examine the way we treat this issue generally. I understand there may be some by-laws action in this regard being discussed. Obviously a viable and useful organization -and that is our goal- succeeds nether by flouting its rules and principles of fairness nor by being in continual turmoil.
Anyway, zones2surf, I did not mean at all to sound critical and your measured thoughtful comments are most appreciated by those of us at FCCJ. This is a bad time for us.
M3M3M3 at May. 30, 2015 - 12:22PM JST
Thanks for the info to everyone above. It's all very interesting. I also read that there have been a few lawsuits as well. Can someone explain what these have been about? Are there actually members trying to petition the courts to get involved in enforcing the club articles/rule etc? (or are these staff related cases?). What was the outcome? Thanks.
Roger Schreffler at May. 30, 2015 - 01:08PM JST
To M3M3M3:
There are three ongoing cases, two by staff and one by members.
The members' lawsuit (the so-called ex-presidents' case) was filed in August 2012 by the late Sam Jameson, Karel van Wolferen and Anthony Rowley (all former presidents), along with Pio d'Emilia, Greg Clark and five respected business associate members.
So far the club's Board has run up more than ¥30 million in legal fees - that's $250,000 - and won't share any of the court documents with the membership. Two years ago, the Board tried to suspend the plaintiffs. The resolution, we learned later, was proposed by Mrs. Birmingham.
The ex-presidents' case was filed by the ex-presidents on behalf of staff, some 50 of them, who lost their jobs under questionable circumstances. David McNeil quit the Board over the way the firings were handled.
From the staff side, the thrust of the main case is that the Board - and there's ample evidence to support this - tried to bust the union.
So two of the three cases are approaching the end of their third year. The Board even gave the lead lawyer, a partner in one of Asia's richest law firms, an honorary membership.
Go figure.
Roger Schreffler
Scarlet-Pimpernel at May. 30, 2015 - 01:37PM JST
I assume in order to obtain the press card from the Foreign Ministry (that in itself I feel is inimical to a free press but...) this Penn chap had to provide evidence posted from his US-based "agency" to the government organ here - if it was otherwise, "passing off" as a "company" providing news - wouldn't this be tantamount to mail fraud, at least by US Postal Service standard? Even if not guilty of mail fraud, would one want to be part of an organization which has someone who would do such a thing as an officer?
zones2surf at May. 30, 2015 - 02:32PM JST
@BenUriel:
I absolutely did not think you sounded critical and welcomed your informed input. My comment was really in response to @Roger Schreffler's post but, equally, I had no issues with his comments. Indeed, both your comments and his comments have been immensely informative.
I remember visiting the FCCJ with a member occasionally after I returned to Japan in the mid '90s and I had the chance to meet some of the old school journalists/correspondents, many of whom are no longer with us. Times have changed and I am sure that this has not been easy for the long time members and staff.
@Strangerland:
I would argue that not all "journalists" have studied ethics and write their news under those ethics. Equally, not all bloggers are hacks.
However, I think I understand the point you are making, given the way you describe journalists writing their news under those ethics. When one thinks of a journalist, one imagines someone who does that as a full time job and follows the rules of news reporting/writing, to include maintaining notes, vetting and validating sources, etc. Most importantly, one imagines them belonging to or their work being distributed by an organisation with standards, guidelines, proofers, editors and the like. So, basically, reporters, correspondents, news anchors, free lance reporters & writers, and the like.
That said, it is not so clear cut in this day and age. And, indeed, whatever one may think of bloggers in general, not all are hacks and, indeed, are being afforded the protections and rights of traditional institutional journalists. An interesting article to read on this:
http://www.theatlantic.com/technology/archive/2014/01/us-court-bloggers-are-journalists/283225/
Nevertheless and to keep this on topic, as the mod will remind me, the question really is for the FCCJ and who it wants as its members and how it defines its membership criteria.
I would imagine that long time "traditional" institutional journalists that belong to the FCCJ would argue against membership criteria that is too broad and allows virtually anyone to join. I am not sure that they would view a blogger as their peer. At the same time, it is clear that the number of traditional institutional journalists belonging to foreign news/media organisations has declined and may continue to decline, presenting an issue for the FCCJ. This may be solved by the various membership categories and, indeed, that may be the intent of the current categories, but undoubtedly this is probably a challenge. As I believe @BenUriel is alluding to.
M3M3M3 at May. 30, 2015 - 02:36PM JST
Thanks for all the info Roger. I hope they can win all the pending cases. As an ordinary person, I never imagined that there was such drama going on at the FCCJ. It's quite shocking. It must be a real nightmare to have your club basically hijacked by wannabe foreign correspondents. Maybe it's time to start another club with stricter membership criteria?
For anyone else interested, this is a Facebook page which details some of the goings on at the FCCJ.
https://www.facebook.com/SosFccj?fref=photo
zones2surf at May. 30, 2015 - 02:52PM JST
@M3M3M3:
Thanks very much for the link.
@Roger Schreffler:
Please accept my apologies. Not being a journalist in Japan, I did not realise your history with the FCCJ. You undoubtedly have a far greater understanding of the issues than I ever will and I appreciate your insights. By the way, I found this piece written by Henry Scott Stokes in the Tokyo Weekender, speaking with regards to the FCCJ. A very good piece by a very good writer/journalist.
http://www.tokyoweekender.com/2002/09/foreign-correspondents-club-of-japan-its-the-place-to-go-in-tokyo/
DMoore at May. 30, 2015 - 05:22PM JST
The club had its purpose but now has outlived it - Good Night... and Good Luck!
Roger Schreffler at May. 30, 2015 - 05:33PM JST
To Mr. Chiba:
Can you be contacted by LinkedIn or Facebook?
Best
Roger Schreffler
Frungy at May. 30, 2015 - 06:40PM JST
How strange then that I find so little ethical writing these days. Where is the body that enforces these alleged ethics?
Danny Bloom at May. 30, 2015 - 07:18PM JST
@frungy there is body now. gone with the internet wind...
Danny Bloom at May. 30, 2015 - 07:19PM JST
Meant ..no body now
HongoTAFEinmate at May. 30, 2015 - 07:48PM JST
I would just like to compliment everyone on the tenor of debate here. The actual article is neither here nor there, but the comments are extremely insightful.
Strangerland at May. 30, 2015 - 07:59PM JST
Unfortunately, you're right. But that doesn't change the fact that bloggers are not journalists. What it does is point out the fact that many reporters for news agencies etc. aren't real journalists anymore.
Anyone who writes a 'story' on what people are tweeting or blogging, should write a blog themselves and stop pretending they are a reporter. They are not.
Strangerland at May. 30, 2015 - 09:35PM JST
I think I can understand your confusion here - you are thinking that Fox News, by virtue of its name, is a news organization, when in fact they are simply entertainment based on current events. Unfortunately this mistake seems to be quite prevalent in the US.
Frungy at May. 30, 2015 - 09:41PM JST
No, it totally does change the situation. If the sole difference between a blogger and a journalist is that journalists have an ethical code, then when that code isn't policed or enforced it makes bloggers and journalists NO DIFFERENT from each other.
Strangerland at May. 30, 2015 - 09:48PM JST
I get your point. I guess the question is whether you believe a blogger can be a journalist or not. I personally don't believe they can, though I can see how a blogger could theoretically act in an ethical manner similar to a proper journalist. You believe a blogger can in fact be a journalist, and I can see where you are coming from with that statement.
People working for news organizations may or may not be journalists, depending on their level of ethics.
Roger Schreffler at May. 30, 2015 - 10:37PM JST
<
Yes, the club has an ethics code. But no one knows it exists. It was written by Jim Lagier, a former AP bureau executive, and the late Bruce Dunning.
As for who polices it, the club's kanji (ombudsman) has just reported that the Articles of Association "give the Board of Directors (and no other group) the right to determine eligibility…"
So to answer your question: No one.
Roger Schreffler
DMoore at May. 31, 2015 - 12:05AM JST
So - who is (are?) the ombudsman (Kanji)? What do they do... what are they doing? Is he (she?) doing anything about clearing things up or coming up with a creative solution? Just an honorary post? An "Amakidari" post perhaps... or an amateur appointed(?) to be beancounter - if I were in this person's place regardless of being empowered or not I'd make some noise {reminds me of my college days: I was not student government president nor a rep but one of the "Constitutional Judges"; when one guy ended up being suspected of some electoral wrongdoings me and my fellow judges convened sessions despite opposition from all quarters including the school administration because of "bad publicity" we wanted to get down to the bottom of things and find out the truth... though we were "put in deep freeze" (end of school year) and unable to come to a satisfying conclusion, I am glad to say the Chief Judge then is now a prof teaching ethics at a liberal arts college, and I am very happy for his students.}
Frungy at May. 31, 2015 - 09:05AM JST
The profession of journalism is relatively new, and frankly hasn't got a good reputation. From "muckrackers" in the 1970's to today's "paparazzi" professional journalists have a proven track record of NOT policing their own profession, not to mention the massive and systematic bias seen in some news agencies like Fox News.
Okay, fair enough. But the flip side of your argument requires that journalists PROVE they're journalists by writing ethical pieces, and until that point they're not journalists and not worthy of trust.
And who has the time to research every single story and find the lazy, incomplete and biased reporting that is so common today? Why should this duty be on the public.
No. Journalists need to either start policing themselves or be branded "liars until proven otherwise".
Roger Schreffler at May. 31, 2015 - 09:25AM JST
<
William Sposato, a former bureau executive at Thompson Reuters and the Wall Street Journal.
Focusing only on the Penn issue, I would expect Mr. Sposato to deliver a report to the membership on June 10 when we hold our annual meeting, confirming that Mr. Penn made a false report to the Ministry of Foreign Affairs when he applied for press accreditation.
In fact, the statute requires him to do so. I quote from Article 100 of the Koeki Hojin Law:
"If (the kanji) finds that a director is engaged in an illegal act or can potentially engage in such an act, or if he/she finds facts that indicate a violation of the laws and regulations or the articles of incorporation, or there are facts indicating that the director is engaged in a significantly improper act, an auditor shall provide a report on said matters to the directors (in a general incorporated association with a council, the council) without delay."
From Article 102:
"An auditor (kanji) shall investigate proposals, documents, and other items prescribed in the applicable Ordinance of the Ministry of Justice that a director intends to submit to the general assembly. In such cases, if he/she finds matters that are in violation of laws and regulations or the articles of incorporation, or are significantly improper, an auditor (kanji) shall provide a report on the results of the investigation to the general assembly."
Article 102 doesn't say 'may' provide a report, it says 'shall' provide a report. I suspect that Mr. Sposato will heed the recommendation of the membership committee since two former kanji (both ex-presidents) signed off on the report. The report, BTW, can be read on the SOS FCCJ Facebook page.
Roger Schreffler
M3M3M3 at May. 31, 2015 - 10:12AM JST
Roger, I also read something similar in a resignation letter of the membership committee where they wrote:
I'm obviously not a Japanese lawyer but I would actually take issue with both of these interpretations insofar as they suggest that the board of directors has the power make any decision whatsoever. While the board has certain powers, the limits of their discretion are obviously limited by the articles. If a court determines that they have failed to excercise their discretion in line with the articles or if they have acted for improper purposes, then their decisions are unlikely to be held valid. It would probably be more accurate to say that "we are fully aware that the board has discretion to make decisions which are consistent with the articles", but not that the board is the final arbiter (the courts or perhaps a majority of members ratifying a breach are) or that it has complete discretion to reach any decision which is completely beyond what any reasonable interpretation of the articles would allow.
It might seem like a bit of a semantic difference but it really struck me as an inaccurate and unwarranted concession in the letter.
Roger Schreffler at May. 31, 2015 - 11:10AM JST
M3M3M3, It's not a semantic difference. I believe your wording is better. I also believe it was implied by the membership committee in their letter. And you could have added 'consistent with the articles and the laws of our host country'.
As for lawsuits, speaking as someone who's batting two for three during my lifetime (one for two in Japan), my sense is that the Japanese courts don't wish to deal with issues involving the foreign press. I think there's a tendency to run away from such litigations. Which is why the ex-presidents case, approaching the end of its third year, is fascinating. The court is still reviewing evidence - although the club's lawyers tried to get it tossed on a technicality during the first major hearing. I attended with the late Sam Jameson.
But basically, it is my believe that there is more chance for a judge to get a black mark on his record than the reverse. And while many FCCJ members see themselves as having extraterritorial rights (much like a 20th floor version of the Vatican), I also believe that the government sees the club as a modern-day Dejima. Keep the riffraff isolated. Just my opinion.
Best
Roger Schreffler
M3M3M3 at May. 31, 2015 - 01:06PM JST
Thanks Roger, I think you're right. I'm not a huge fan of Japanese courts (I mostly follow patent lawsuits) but I haven't lost all faith in them yet. I think sometimes it's actually a bit hard to say who has won or lost in Japanese courts. Sometimes the courts let things drag on for ages in hopes that the parties will settle, so if a case has been allowed to go on for 3+ years, I would take it as a good sign that the judges sympathises with you (especially where they know the other side has hired an expensive legal team).
I also think courts everywhere are generally reluctant to get involved in member/shareholder disputes partly because they see it as a waste of time, since even if the court rules that the directors acted outside of the articles, the members can simply turn around and vote to change the articles or ratify whatever has been done (ie, going into some completely differerent line of business, or giving themselves a raise etc).
However, it's very different where the board (sometimes working with the majority of members) decide to prejudice the rights of other members by diluting their voting rights in a way that the articles don't allow. If this happens, the court can't expect a fair vote to settle the dispute internally. If the FCCJ board is recognising new regular members who aren't qualified, this is obviously diluting the voting power of current members. I think the courts are much more willing to hear these types of cases since there are always many shareholder lawsuits like this in Japan.
In any event, I wish you and the members the best of luck! I'll be watching to see what the result of the election is.
turbotsat at May. 31, 2015 - 02:04PM JST
From the description "Leo" gives below, of his internship at Shingetsu, it appears it really is a news agency.
Also, someone (FCCJ Insider) further up in this thread complained about unpaid interns, and said 'He uses his nonexistent news agency to recruit young students looking to learn about journalism as unpaid interns to help with production. Imagine if these were your kids.'
The first mention I heard of unpaid internships was a news article a few or several years ago, and the internships they described were at large, established media organizations in the USA. So apparently this is not a reason to reject Shingetsu as a news agency, whether "Leo", described below as happy with his job, was paid or not. Unless some of these organization at this site, for example, were also rejected. http://unpaidinternslawsuit.com/current-cases : Charlie Rose Inc. Class Action Litigation, Conde Nast Class Action Litigation, Fox Searchlight Class Action Litigation, The Hearst Corporation Class Action Litigation, NBCUniversal Class Action Litigation.
http://www.internshipjapan.org/en/13-success-stories/17-leo-shingetsu-news-agency
Roger Schreffler at May. 31, 2015 - 02:53PM JST
Except it's not a 'news agency', turbo. And poor Leo, if you read his essay closely, also believes that he was working for a 'boss who used to be a university professor' in Kyushu. Not true.
Roger Schreffler
Steven L Herman at May. 31, 2015 - 03:54PM JST
I am a former president of the FCCJ (1997-98). I served on the membership committee for many years with the late Bruce Dunning of CBS News. During that era we did scrutinize credentials for regular membership. Dealing with legacy members who should have changed categories was always a delicate situation. These cases were resolved without public battles and lawsuits. The possession of a press card issued by the Japanese government was an important factor in whether the Club would grant regular membership, but not the sole criteria.
Since my active days in serving on the Board the rules for who qualifies as a regular membership have relaxed, taking into consideration the changing times. However the qualifications outlined in the by-laws of an organization should be followed by any membership organization.
FPIJ is a separate organization which coordinates with governments (Japan and others) pool coverage of events in Japan. Membership is by organization, not individuals. I was chairman of FPIJ for a number of years.
One problem over the decades has been that some people have felt a right to have membership in the FCCJ, rather than understanding acceptance into a private club is a privilege. The FCCJ is a private club and should have wide latitude over who qualifies as a member and in which category. Previously a small number of members were expelled for blatant repeated misbehavior and fraud. During the years I served on the Board, taking an expulsion recommendation to the general membership was never done lightly.
Unfortunately in recent years some members have felt FCCJ politics is their full-time job whether or not they are on the Board. Every member has an opportunity to make their opinions known and to vote in the annual elections for leadership. But some of those who have been perennially in the minority of general opinion decided to resort to intimidation and legal actions. This has been rather unfortunate and has exacerbated a toxic atmosphere in the Club.
Many outstanding and legitimate foreign correspondents have decided to have nothing to do with the politics of the Club amid this atmosphere and the Club has increasingly struggled for many years to fill its leadership positions with qualified members who come with the requisite time and personalities to try to manage such an organization.
As for the current publicized case, it is really inappropriate that it has spilled into the Japanese tabloid media, which obviously don't clarify for their audiences the nuances of Club regulations and procedures.
Frungy at May. 31, 2015 - 05:26PM JST
With all due respect, but I disagree. If the club has rules in place and then applies those rules inconsistently it is a recipe for discrimination. If you can't point to a valid reason for excluding someone in terms of your own rules then re-write the rules to make the criteria more transparent. Or did you not take that ethics class Strangerland keeps going on about?
However Mr. Penn has not been proven to have acted unethically. Nor does this seem to be the substance of the complaint against him and reason cited for his proposed removal. If it is then address this issue head-on. Currently all I can see is that FCCJ is manifesting the same complete lack of ethics that infects journalism as a career.
Ethics. Is it really so hard?
zones2surf at May. 31, 2015 - 05:34PM JST
@Steven L Herman and @Roger Schreffler,
Thanks so much for the ongoing contributions to the comments here. As both of you formerly held the position of President of the FCCJ, clearly you have direct knowledge and perspective with respect to this ongoing issue.
Recognising that the issues ongoing in the club may be private issues for a "private members only club" and will not be resolved here, I nevertheless appreciate the comments and information. I may not speak for all here, but since returning to Tokyo as a businessman many many years, I have always had a certain respect for the FCCJ and its reputation. It was one of the venerable post-war institutions that carried respect within the community and, indeed, with the Japanese establishment. Press conferences at the FCCJ were, I felt, somewhat of a prestigious thing. Just my impression, but I don't think I am wrong.
Therefore, not being a journalist and not being a member of the FCCJ, all of this has been a little distressing after reading this article and getting a better understanding of the current situation at the FCCJ. Again, I am not a member of the FCCJ. However, as a member of the long standing foreign community in Japan, it is just unsettling.
One of the questions I did have with regards to the upcoming BoD elections was with regards to the slate of directors. I noted the candidates and, with no disrespect to any of those who have put their names forward as candidates, I was surprised that there weren't more candidates from well know news organisations. That surprised me. @Steven L Herman, your post alluded to at least one of the reasons why this may be the case. However, it was something that I found surprising.
The other question I had was this. The upcoming election is for the BoD. How are the officers elected? President, VPs, Secretary, etc. Just was wondering, as there was reference to Penn as a candidate for President in the article.
Clearly these are trying times for the club, regardless of where one stands on the issues. I can only hope that the club manages to navigate these turbulent times and survive; however, it seems that potentially irreparable damage has been done to the club in terms of its operations, its membership and its finances.
M3M3M3 at May. 31, 2015 - 05:36PM JST
Thanks for the information Steven. It's good to get everyone's point of view.
The only thing that I would point out (which I'm sure you would agree with) is that the FCCJ is now no longer just a private club as it one was. As I understand it, it's now a public interest corporation approved by the Cabinet Office and governed by the 'Act on Authorization of Public Interest Incorporated Associations and Public Interest Incorporated Foundation'. I don't think you can describe membership as being a privilege any longer. The law explicitly prohibits any unreasonable or discriminatory criteria for membership or disqualification. It can't be handed out or taken away arbitrarily so it is probably more accurate to describe it as a right rather than a privilege. If members of the public who meet the criteria couldn't join, or could be easily disqualified from membership, it wouldn't be in the public interest. All the FCCJ can do to avoid being overrun with eligible members is tighten it's membership requirements in a reasonable way.
It seems to me (as a complete outsider) that the FCCJ was simply not ready to play in the 'big leagues'. Once you are a public interest corporation, you have to have an auditor, keep records, comply with the Act, the public interest, as well as all the other Japanese rules of natural justice, and if you have a dispute you go where all corporations go to resolve their disputes, the courts. If this is all too expensive and overwhelming for the FCCJ, perhaps they should return to being a private club where the law doesn't intrude?
Danny Bloom at May. 31, 2015 - 05:37PM JST
i met tv host dick cavett at the fccj bar one summer night in 1993. the fccj was cool. a 20th floor Deshima yes. too bad this is happening now. i blame the internet. sna is a newz agency my eye!
BenUriel at May. 31, 2015 - 10:57PM JST
That simply is not true. The Board has had complete control over what the Membership learns by a one-sided flow of messages through the club’s official communications channel.
Until now, most members haven’t been made aware of the facts of any of the lawsuits. There’s been no back and forth or exchange of views as used to be the case in the in-house No. 1 Shinbun.
Two of the three current lawsuits were brought by the current and former staff of the club protesting the Board’s labor practices - including the mass firing of longtime staff for what they contend were inadequate or improper reasons.
There were two preceding staff lawsuits, one of which was settled on terms favorable to the staff who filed it (restoration of benefits and positions) and never reported to the membership. In the second, the court indicated that the staff position was correct but that the staff should proceed by normal litigation and not an injunction. Which they did and which again the Board failed to inform the membership.
Clearly the staff are not involved in "the minority of general opinion." but are independent of it and have their own legitimate concerns.
The remaining suit, filed by FCCJ members, was filed not in regard to membership accreditation issues or internal politics as such, but in support of the staff who protested their dismissal and had no voice inside the club for what, were felt by a great many to be unfair terminations. At the time the Membership were told (wrongly the plaintiffs believe) that there was no other course open to the FCCJ if it were to survive.
With the exception of two plaintiffs, an ex president and an ex vice president, none of the other eight plaintiffs (including two other ex-presidents and five associates) had been active in FCCJ "politics" or held Board office for well over a decade.
The sentiment at the time had nothing to do with membership quarrels but, to quote a Board member (and not at all a partisan of the litigants):
"Throughout the two years we have been discussing outsourcing, I and other members of the Board have been consistent on at least one pont: We must protect the best of what we have, especially our staff. The carpet-bomb approached employed by the Board this month risks destroying all that the Club has built up, when what is needed is a surgical strike.
I continue to believe that our staff, even the union that represents over half of them, needs to be part of the solution to our problems. Many of the workers say they are willing to accept pay cuts, longer working hours and early retirement if it saves the Club. The union is on the record as saying that they want to help rebuild the Club's balance sheet and help us achieve public interest status. But instead of negotiation, we have dug ourselves into opposing trenches.
I have many doubts that outsourcing will solve our problems, too many as it turns out to sit on this Board. I also wonder if our associates will stay with a Club that employs demoralized, anonymous staff on 900 yen per hour in a restaurant that serves roughly the same food they would get at the Asahi, the Mainichi or the Yomiuri. Our strength has been in our independence, differences and even our eccentricities, so are we right to sacrifice all that?
Ultimately, however, I oppose this month's decision to end our workers' contracts because as a journalist I feel like an utter hypocrite writing about injustice and corruption while sitting on a Board that is depriving our workers of their livelihoods. Is this the best that the FCCJ, with its unique tradition and history, can come up with? For our sakes, I hope hot."
That statement was made by David McNeil who, like Mr. Herman, was chairman of FPIJ. He resigned from the Board in protest..
I don’t know what Mr. McNeil’s take is on the current Finance committee NDA resignations is or the current Membership problems - but his letter encompasses the largest part of what moved the plaintiffs off the bench 3 years ago, Mr. Herman, not because they were a perennial disgruntled minority unjustified or otherwise. Allowing that there are two sides to this issue, I do not believe the present Board has covered itself in glory with a "Win at all costs" policy or by gutting transparency or yet by effectively suppressing principled debate.
To the current Board's credit, there is now a "forum" for members to raise or debate matters of FCCJ concern but the Board retains the right to pull comments regarded as "personal attacks" which can depending on how exercised be either a good or a bad thing, and in any case, as yet few members make use of the forum. It is and will necessarily be for some time a pale alternative to the letter to the editor page of the No.1 Shinbun though I believe it is our collective duty to make use of it. For the litigation it is far far too little and far far too late.
In closing, the current membership problem and the lawsuits are very different issues. I daresay there are other problem issues as well, but let us leave those as they are not on the table here. These two issues are being pursued for the most part by different groups of people (a few people belonging to both camps). It would not serve the cause of truth to conflate them. What matters is that the leadership stop mis-characterizing principled and entirely permissible objection as intimidation and venal self-interested social club politics. There are some serious problems at this stage of the FCCJ's history that have not been properly settled and that need to be settled. The Scorched Earth approach so favored by recent FCCJ Boards is not working. Nor will calling opponents bad names accomplish anything. Those are the tactics of repressive regimes and beneath the dignity of an organization like FCCJ that has on occasion stood for truth when it was not a convenient thing to do. This is not the FCCJ's finest hour by any stretch of the imagination.
Danny Bloom at May. 31, 2015 - 11:20PM JST
i am sure the nyt tokyo bureau will report this unsettling news soon. for global nyt wire. ouch.
DMoore at Jun. 01, 2015 - 12:19AM JST
Sure hope Bill "fits the bill" as an "expositor" at the very least - actually hope there will be an exposé to follow! As for the MOFA Press Card I still think it is almost as bad as the "Kisha" system here... but, that's another story! As someone else noted if an act tantamount to "mail fraud" (US definition [?] - this Penn guy is a US resident from what I gather...) has been perpetrated, this should be cleared up ASAP {so where is the AP when it's needed?})!
M3M3M3 at Jun. 01, 2015 - 07:40AM JST
Thanks for the clarification BenUriel. Would it be fair to say that the root of the problem is that the FCCJ has become a public interest corporation simply because their arch nemesis, the Kisha club, has decided to become one? It seems to me that the raison d'etre of the FCCJ is to be a social club where foreign journalists can meet and not to serve the Japanese public interest. If one of the consequence of becoming a public interest corporation is that they must outsource the operation of the bar/restaurant/social club functions, then it seems rather ridiculous to do so.
As far as the board of directors, I belong to a small organisation and the way we stop any small group from controlling the board is that we have over 40 directors (despite having only around 500 members). Everyone feels like they have representation and nobody feels steamrolled by a decision. Maybe the FCCJ should also massively expand the size of its board?
BenUriel at Jun. 01, 2015 - 09:14AM JST
Yes, M3M3M3 I think you have hit the problem on the nose. Two reasons were given for becoming koeki - (1) Preferential tax treatment would possibly increase donations to the FCCJ from third parties - a thought that made the "perennially in the minority of opinion" supremely uncomfortable - we are not a charitable organization as such so what would we do with the donations and what obligations would our members then feel to those who donated?.(2) and your point the membership was repeatedly told "The Nihon Kisha Club has opted for Koeki status. We need to avoid being seen as less prestigious than they are." I was at meetings where senior proponents of koeki asserted this repeatedly. Of the two, your point was far more widely asserted. i do not recall other advantages being asserted.
For outsourcing itself the additional point was made as I stated above that FCCJ were losing money and would soon encounter financial crisis (see the old Asahi article) if we did not outsource, Of course it turned out to be rather the reverse. Neither outsourcing nor koeki are in and of themselves a bad thing but the point you raise is important. Are they appropriate for an organization like the FCCJ? Additionaly, outsourcing needs to be carefully negotiated and carefully managed. In the case of the FCCJ there was apparently a quarrel (not involving the perennial minority) and the outsourcer that had been introduced to the Membership was unceremoniously thrown under the bus so to speak in favor of a different outsourcer (the Board later told the Membership that it was labor disputes that scared the first outsourcer away). Rather than extend the employment of the-to-be terminated staff, something the Board was determined to avoid at any cost, the negotiation was rushed, the terms and conditions of the outsourcing agreement were much less favorable to the FCCJ than what had been described at the general membership meeting, no additional explanation was offerred to the membership, and disclosure of the terms of the second agreement neither was then or has since been made (except through the litigation) and whereas I have no reason to speak ill of the present outsourcing company - they were offered the Mother of all Bargains and are just carrying out the deal they negotiated - nothing personal, just business - it was a horrible deal from the perspective of the FCCJ. So in addition to terminating 50 employees - half the work force - who did not need to be terminated - the FCCJ received a really bad bargain, This is exactly the kind of inside politics Mr Herman mentioned above. Its just that it was the FCCJ leadership (at least some of them) that were playing it and not the unfortunate perennial minority..** We believe the reason the membership is not more upset is that most of them just do not know (though the number is increasing). And sadly some few who have learned have concluded it is water under the bridge.
turbotsat at Jun. 01, 2015 - 09:55AM JST
So possibly there's grounds for denial of accreditation over tax avoidance and misrepresentation of the owner's credentials.
But it's not so clear that accreditation should be denied over the location-of-headquarters issue.
How many large news organizations are incorporated in Delaware with no substantial business presence there, other than a paid agent and a post office box? Along with 64% of the Fortune 500?
And it's not clear that it's not a news agency. I've posted links to two articles, one at Al-Jazeera's site and one on Yahoo News reprinted from Al-Jazeera, both authored by Michael Penn of the Shingetsu News Agency, dated Sept. 2014 and March 2015 (ref. turbotsat May. 30, 2015 - 08:23AM JST). That's in addition to "Leo's" interview answer which appears to describe a valid news agency from an inside point of view, and Shingetsu's own site, which appears to be a news agency.
How is this not a news agency? Because it doesn't have a large staff?
Danny Bloom at Jun. 01, 2015 - 11:21AM JST
@turbosat....is the drudge report a news agency? is matt drudge a journalist?
turbotsat at Jun. 01, 2015 - 11:45AM JST
Is that your answer? Tossing out mention of entities you don't consider qualified, rather than addressing the points made?
FCCJ Insider at Jun. 01, 2015 - 12:05PM JST
@turbotsat
It's not a news agency because it's not a news agency. There is no business, no office, no legal registration, no tax registration, no staff, nothing. It legally and physically does not exist anywhere in the world. It is nothing more than a freelancer with a domain for his blog. You can very obviously tell he made the site himself since it still has the wordpress theme name he used on the bottom.
The fact that he introduces himself as the president of a nonexistent business is part of the problem. The only way anyone can honestly describe it is as dishonest because that's the word to use when you say something that is not true.
The articles you posted for Al-Jazeera credits Michael Penn the man, not the Shingetsu News Agency. The only mention of Shingetsu is as his twitter name, but that means nothing. His twitter name could be President of the United States and be equally as meaningless.
If you look up his past articles, there are only 11 over the last 2 and 1/2 years ago. That hardly qualifies as even a contributor.
As for this boy named Leo, I would suspect that he either fell for the lie or is going along with it. How would you feel if you learned you wasted a summer with a fake company? Anyway, maybe he likes the way it looks on his resume. Sounds impressive though far from reality.
turbotsat at Jun. 01, 2015 - 12:59PM JST
No quantification has been provided for how many published articles qualifies a "journalist" or "news agency". If you're going to exclude struggling news agencies, as no quantification has been provided I guess you should exclude the San Diego Union-Tribune as well.
Suspicions re Leo's description are your personal suspicions, not quantification. You've already listed use of unpaid interns as a reason to disqualify Shingetsu as a news agency, even though large media organizations also use unpaid interns.
Googling "Michael Penn is president of the Shingetsu News Agency" reports 446 hits, and shows articles on the Japan Times and Nikkei sites (including one five days ago on the Nikkei Asian Review), and several on the FCCJ's own site (google link: http://tinyurl.com/pbl566k):
http://asia.nikkei.com/print/article/94918
http://www.fccj.or.jp/number-1-shimbun/item/508-reporting-japan-to-our-neighbors/508-reporting-japan-to-our-neighbors.html
http://www.japantimes.co.jp/news/2014/12/22/national/conservative-abes-secrecy-law-doesnt-hold-candle-seouls-press-suppression
M3M3M3 at Jun. 01, 2015 - 01:29PM JST
@BenUriel - Thanks again for the valuable info
@turbotsat - I have to agree with you in the sense that there seems to be no clear definition of a foreign correspondent or journalist. I think it's one of those things like art and pornography; you know it when you see it. From a purely linguistic point of view, I think it is somewhat misleading to call Shingetsu an 'agency' if it is a one man show. Agency implies that there is at leat one principle and one agent. If Penn is just a one man operation, he is neither. He is just Michael Penn.
But even if we assume that Penn is a foreign correspondent, the larger question seems to be whether he is the best person to represent the FCCJ. His own words may help us answer that question (my bolding):
http://www.fccj.or.jp/component/content/article.html?id=62
turbotsat at Jun. 01, 2015 - 01:58PM JST
@M3M3M3, I have sometimes worked for agencies with one agent and a few contractors. There are agencies with one person wearing at various times an agent hat and an engineer hat and I guess a receptionist hat, depending on who they're interfacing with at the moment. (That's been discouraged over the last several years due to supposed IRS crackdowns, but the time I looked into it, it seemed there may only have been some notable cases, maybe hyped by the larger agencies to get companies to avoid and/or drop smaller agencies. They keep harping on the IRS vs Microsoft case.)
If a 2-person agency loses that one other engineer they represented, thus reduced to one engineer representing himself, does it change the characterization of his business? No. For one thing, he'd have to redo all the paperwork. For another, he might add another engineer tomorrow.
Anyway, Penn has (or had) people like "Leo" working for him. And a youtube vid linked in someone's post above, showing an example of his agency's operations, shows multiple people in action.
So it comes down to squabbling over whether Shingetsu News Agency fits the strict definition of a news agency. Except that the definition isn't 'strict' at all. So it's down to just squabbling.
BTW the Shingetsu News Agency (新月通信社) has a Japanese wikipedia entry, a Google Plus account, and a Google Maps location pointing at an apartment complex in the same business district as the Japan Times. But people often run businesses from their homes. (The wikipedia site is https://ja.wikipedia.org/wiki/%E6%96%B0%E6%9C%88%E9%80%9A%E4%BF%A1%E7%A4%BE .)
FCCJ Insider at Jun. 01, 2015 - 02:33PM JST
@ turbotsat
I do not say he is not a journalist. My comment about his minimal contributions on Al-Jazeera was meant to point out he is not a correspondent or news agency for them. He may not even provide enough work to be considered a contributor on a regular basis.
It’s obvious my suspicions on Leo are personal as I clearly say I suspect. The comment I made about unpaid interns was not about dismissing Shingetsu as a news agency, but rather pointing out that Michael Penn is using a nonexistent business to obtain interns as free labour.
Just because you google "Michael Penn is president of the Shingetsu News Agency" and get 446 hit means nothing. I just googled “hitler is second coming of jesus” and got 560,000 hits. Does that make it true? All google does is index what is written on the internet. It is by no means an answer.
The video showcasing the “agency’s” operations showing the multiple people in action is a poor example. All I can see is an intern, one person on mic, and a group of other journalists non affiliated with him. It’s meant to give the appearance of a full operation, but is obviously misleading.
No journalist would take a wikipedia entry as an accurate answer, but as a starting point. Wikipedia is full or misinformation that must be verified before any journalist would consider using the data. For all anyone knows he could have made the entry himself.
You talked about a one man agency requiring a change of paperwork, but there is no paperwork for Shingetsu. No business or tax registration at all. This was verified in both the United States and Japan. How can the business exists when there is no business? It’s just a man with a blog and a domain. Please provide real evidence if you are sure I am mistaken, because so far all you have shown are links that do not back up his claims.
There is no squabbling whether or not Shingetsu fits the definition of a news agency because it clearly is nothing more than a freelancer with a blog and domain. It is not a real business or agency. If I said I was president of some fictional country I came up with and made a website and called my toilet the capital, does that make my apartment a real country?
zones2surf at Jun. 01, 2015 - 02:56PM JST
I have been reading the additional comments with great interest. As a non-journalist who is not affiliated with the FCCJ, I feel that I might be speaking out of turn, given that I know that @BenUriel, @Roger Schreffler, @Steven L Herman, and @FCCJ Insider all have direct knowledge of the affairs of the FCCJ. Most, if not all of them, are journalists, I believe.
@turbotsat and @M3M3M3, not sure about both of you, whether you have any affiliation with the FCCJ and are journalists/in media.
That said, I just have a few observations around the question of Mr. Penn, the Shingetsu News Agency, and his qualification to be a Regular Member of the FCCJ.
It seems to meet that there are a logical series of questions to be asked and, I presume, these are the questions that the Membership Committee may have already asked when asking him for additional documentation.
First, is Mr. Penn a journalist? Well, he does write articles and has had some articles published by other news organisations. So, he most certainly is a writer and has, in the past, been employed by a news organisation. He also publishes articles on his own site. Is he an institutional journalist or essentially a "free lance" writer who has set up his own vehicle (and I use vehicle rather than company) to "publish" his pieces? I really can't answer the question of whether he is a journalist (I leave that to the experts), but he is most certainly a writer.
Second, is he a foreign correspondent? At one time he apparently was, via his work for PressTV. However, as it relates to "Shingetsu News Agency (SNA)", this is more problematic. To be a foreign correspondent in Japan for a news organization based in another country, one would imagine that there are staff in that organisation in that other country. If there aren't, then how is one a foreign correspondent for an overseas organisation that has no staff? I can't get my head around that.
Third, is SNA a news agency? This is a little more complicated question. SNA publishes articles/pieces, including pieces that appear in other publications. I have no idea of the economics related to those contributions, but that is probably less important. However, if SNA is not an established company or organised and registered with the government, along with a business ID number and a tax ID number, then can it call itself a news agency? Or is it, rather, an individual using a trade name to publish/distribute articles? Again, a question for those that have more experience in the media/press/journalism field.
Fourth, is SNA a foreign news agency? This is complicated as well. If SNA has no staff in its home country and is not established/incorporated in its home country, then how can it have an overseas office/overseas correspondents in Japan? Beyond that, if the Mr. Penn is the "President" of SNA (more on this next), implying he heads up the organisation in its home country, how can he also be the "Japan based" journalist/correspondent? Just a number of questions here.
Finally, and at the heart of this, is the legal status of SNA in both the U.S. and Japan. Is SNA legally established/registered as a business/organisation in both countries? If Mr. Penn represents himself to be the "President" of SNA, this implies that SNA is a corporation. One cannot be a President of a sole proprietorship.
I am assuming these are probably all of the questions that the Membership Committee may have been trying to address with its request for more information and which Mr. Penn declined to provide. Obviously I am not privy to the documents/information they requested, nor why he declined to provide it. However, when someone declines to provide additional documents for what should be a straightforward question, it always raises questions as to whether they have something to hide, whether that is fair or not.
KEN3KEN3 at Jun. 01, 2015 - 03:05PM JST
Does this mean he was not a professor? ”falsification of his past record” means academic fraud?
M3M3M3 at Jun. 01, 2015 - 03:38PM JST
@zones2surf
Thanks for your summing up. Those are questions I have as well. The only thing I would add to your summary is that I believe journalists based entirely in Japan working for Japanese organisations (such as NHK) are also considered foreign correspondents provided most of their articles are published abroad (or directed to an audience abroad?), so it might be even more complicated and whether the SNA has a legitimate presence outside of Japan may be entirely irrelevant.
Also, just to clarify, I'm not connected in any way with the FCCJ and I've never been there. I don't know any members and I've never met a journalist in my life. I'm just a curious bystander!
Pandabelle at Jun. 01, 2015 - 04:42PM JST
4000 twitter followers? I have almost that many, and I don't think anyone would call my little twitter account a news agency.
zones2surf at Jun. 01, 2015 - 04:44PM JST
@M3M3M3,
I think many of them have been answered throughout this thread, particularly by those with direct knowledge of FCCJ matters, and I didn't mean to imply that they hadn't already been addressed in part and/or in whole. I was just highlighting that, objectively, I would think those are the key questions that one would have to answer.
As to the additional question you mention, obviously that gets down to the definition/requirements for being a regular member. You are obviously referring to Ms. Birmingham, the current President. I don't know the basis for her being a Regular Member in the first place nor whether she is technically qualified to be a Regular Member given her current work/position. That is for those who are knowledgeable in FCCJ matters.
Roger Schreffler at Jun. 01, 2015 - 05:32PM JST
Three questions by zones2surf strike at the core of this discussion.
1) Is SNA a news agency? No.
2) Is SNA a foreign news agency? Also, no.
3) And what legal status does Shingetsu News Agency have? None
In the possession of the FCCJ’s Board of Directors (and why their decision is mystifying) are the following records from government websites in California:
From the California Secretary of State; http://kepler.sos.ca.gov; type Shingetsu News Agency in the search box.
From the California Department of Industrial Relations; http://www.dir.ca.gov/serp.html?q=shingetsu+news+agency&cx=001779225245372747843%3Ahq74utyoxui&cof=FORID%3A10&ie=UTF-8
From the county of Santa Barbara; http://www.countyofsb.org/search.c/shingetsunewsagency
From the city of Santa Maria; http://www.cityofsantamaria.org/; go to 'about us', then search shingetsu news agency
In Japan, the Minato Ward’s legal department did a search and responded 見あたりません or not to be found.
The club’s membership committee performed its duties with due diligence. Please decide or yourself if Mr. Penn is president of a news agency, president of anything.
That's what this issue is about. Mr. Penn is not who he claims to be. Steve Herman is right. This issue shouldn't be played out in public. The club's Board of Directors should have listened to the membership committee. They should go back today and reassess and put this issue to rest.
Roger Schreffler
M3M3M3 at Jun. 01, 2015 - 06:38PM JST
I think the crux of the problem is that the membership criteria for regular members is simply not restrictive enough. The membership rules should probably be crafted to allow legitimate freelancers but restrict bloggers and 'aspiring' journalists to associate member status. Of course, this would have to be done very carefully because once the rules are set, they would have to be applied in a consistent, non-discriminatory and non-arbitrary way (no handing out privileges).
My problem here is that if Michael Penn was standing in front of us and he was willing to honestly answer all of our questions, What questions could ask him that would conclusively prove that he was ineligible for membership?
What if Michael Penn were to say this: "I admit, I am just a one man operation, my legal status is a kojin jigyo(sole proprietor) in Japan and I'm not set up as a corporation in Japan or California, SNA is just a fancy trade name, I operate out of my 1LDK apartment in Tokyo, I have 4000 twitter followers, I get 1000 monthly hits on my website and Youtube channel, here is the proof"
However minimal this is, doesn't he meet the FCCJ criteria for regular membership? Doesn't the fact that this is most likely the case render all of the other demands to prove his corporate status in California somewhat otiose?
Of course, if he has misrepresented the size of his company or his legal status in an unethical manner, these would seem to be questions of character suitability rather than whether he meets the basic requirements for membership. If he is already a member (and met the membership requirements when he joined), wouldn't a disciplinary committee (if one exists) be the appropriate place to resolve these issues (if they are issues)?
zones2surf at Jun. 01, 2015 - 07:28PM JST
I believe this is the point where I bow out of this discussion, as there is really nothing further for me to add. It has been an illuminating albeit distressing discussion given my historical esteem for the FCCJ.
This is one of those valued instances where the overall tenor and content of the comment section to an article was value added and greatly outstripped the content of the original article itself. It is also not some subject far removed from me, and, indeed, for many of the posters.
I can only hope that the club is able to find a way to navigate to calmer waters. For all of you directly involved and/or impacted, my best wishes for a satisfactory resolution.
turbotsat at Jun. 02, 2015 - 01:00AM JST
https://en.wiktionary.org/wiki/news_agency : An organisation that gathers and distributes news.
https://en.wiktionary.org/wiki/organization : Three. A group of people or other legal entities with an explicit purpose and written rules. Four - A group of people consciously cooperating.
Obviously Shingetsu an organization. Enough has been posted on that, hasn't it?
As far as Shingetsu not presenting business records, is there any requirement to do so? A private company often prefers to keep its business private. If Shingetsu is a sole proprietorship, what records are required other than Penn's IRS filings? Are you claiming a right to look at those?
It sounds like a faction in the FCCJ is coming up with all these added, non-specified (except in casual posts), non-codified requirements solely to exclude Shingetsu.
Is the requirement that the correspondent's sponsoring organization be a corporation codified anywhere? If not, why bring it up? How about the requirement that an organization present business records? Are these even requirements at all?
Still not addressed is that Penn has been recognized by Nikkei Asian Review, Japan Times, and the FCCJ as "president of the Shingetsu News Agency", in articles posted between 2012 and May 26, 2015, inclusive, several of them in the last several months. (Al-Jazeera also shows up in google hits on the term, because it appears invisibly in the content fields of metadata on some pages at the site.)
Not me!
Where is that restriction stated? Just google "president of a sole proprietorship". Apparently lots of sole proprietors put "President" or "President and CEO" on their business cards, and who's to stop them? Is there a law against it?
https://en.wikipedia.org/wiki/Corporate_title : In addition, many non-profit organizations, educational institutions, partnerships, and sole proprietorships also confer corporate titles.
BenUriel at Jun. 02, 2015 - 09:01AM JST
Here is a brief comment on a webpage for freelancers and an attempt to do something positive for the condition of Freelance Journalists. From the Society of Professional Journalists.
http://blogs.spjnetwork.org/freelance/2015/06/01/advocating-for-freelancers/
clamenza at Jun. 02, 2015 - 05:57PM JST
I can see that this story have a few bloggers with delusions of grandeur upset. Bloggers are most definitely NOT journalists. Concerned that the media outlets you watch on a regular basis are biased? Tune in to something other than FOX, MSNBC or even CNN.
Think you can do a better job? Great. Go back to school and get your degree, then some real work experience at an actual media outlet. Which is the crux of the problem here, as I see it. There are a billion and one people with a computer and an opinion, who think they should be heard and taken seriously. But not willing to do the hard work of actual trained journalists.
Strangerland at Jun. 03, 2015 - 07:11AM JST
I think that's a major difference between an actual news agency, and a blogger. A news agency will have an editor (though by no means are they guaranteed to be good and/or ethical), where as a blogger decides they want to write something, then write it, and publish it, all without oversight.
turbotsat at Jun. 03, 2015 - 08:14AM JST
Certainly it's up to the FCCJ's membership committee (or whatever committee) to investigate whether resume fraud was committed, and, depending on the rules, to a disciplinary committee or the membership at large to vote on the applicability of the findings. After all, the guy is running for president.
But as far as not-an-agency, I've posted links to multiple articles on major news outlets by Michael Penn / Shingetsu News Agency, from 2012 to as recently as May 26, 2015. And a simple google search of [ "shingetsu news agency" -penn ] shows articles from Shingetsu whose authors are NOT Michael Penn, such as Makiko Segawa, Alex Calvo, Tom Benner, Sneha Bhavaraju, Todd Crowell, and Kimberly Hughes.
FCCJ Insider at Jun. 03, 2015 - 12:46PM JST
@turbotsat
Numerous people here have fully debunked your points and yet you choose to ignore them and say the same thing. No matter how may times you say Shingetsu is a news agency it will not be one. The sky is not green just because you say it is over and over.
There is legally no Shingetsu News Agency. It does not exist other than a domain name and a few publications that credited it in good faith without verification. This you cannot dispute as it has been proven by earlier.
The membership committee and various high-profile members agree that is it not a news agency. The only reason he was able to get by is the board allowed him to stay as a regular member by overriding the committee tasked with verification. This is why they resigned.
Shingetsu was booted from the FPIJ because they deemed it not to be a legitimate agency.
Just because someone's writing is posted on his Shingetsu website does not mean that Shingetsu is a real business.
There may be a website and name, but there is no actual business or entity. The final indisputable fact is there is legally no Shingetsu News Agency, thus there is no Shingetsu News Agency.
Paul Arenson at Jun. 03, 2015 - 12:53PM JST
I have no opinion on the case in question. I am friends with several reporters who belong to FCCJ and know of its worth. I worry that any attempt to focus on this issue, which seems to be internal, can be used to discredit the organization as a whole
Ask yourself why an article on a relatively obscure issue is getting so much attention here. FCCJ brings to the public people who are not content to repeat official news a la NHK and the mainstream media. In short, were it not for the FCCJ and its journalists like Jimbo san, David McNeil, etc. we would be much less informed as to the mechanations of the government and the subservient media.
We have to be vigilant when Japan is in the midst of an attempt to shoot down the few sources of truth in journalism, and one has to question whether this whole article is not just such a case. This would not be the first time that journalists have been employed to actually destroy reputations and distort the news in favour of the regime in power. One need not look at any "far left" accusers to verify this. The well known Carl Bernstein says as much here and there is no reason to believe that the same game is being played out in Japan: carlbernstein. com/magazineciaand_media.php
Roger Schreffler at Jun. 03, 2015 - 04:18PM JST
Well said, Mr. Arenson. And that's the problem with blogs, this one included.
More generally, the problem with slander is that once a slander is made it is difficult to undo the damage. Which is why I posted multiple records from the state of California to and including Minato Ward in Tokyo and have given Mr. Penn multiple opportunities to clear up any misunderstandings. Before posting my first report on this subject, I sent an email directly to him and through the club's office asking for a comment. No response.
So, we're back to the basic issue. Mr. Penn, by all accounts, works as a journalist. But Mr. Penn does not own and operate a news agency. There is no corporate registration. There is no staff. There appear to be no taxes paid in the name of his company. Even to operate a sole proprietorship in Japan would require him to register his business with his local tax office. He hasn't done so. We've confirmed.
Moving on to the Ministry of Foreign Affairs, when Mr. Penn applied for his press card, he needed an affiliation with a headquarters outside Japan. Shingetsu News obviously doesn't have an overseas headquarters unless it's in a state outside of California…or a country outside the U.S.
So in closing, when Mr. Penn stands up at a news conferences and declares that he is president of a news agency, that's simply a lie. Journalists who lie usually get fired.
Roger Schreffler
Paul Arenson at Jun. 03, 2015 - 10:46PM JST
Thanks, Roger Scheffler.
What I am concerned about is a bit different. I find it worrying that Shuukan Shincho would take what is essentially an internal issue and blow it up into an article which would have the effect of damaging the image of the FCCJ. In other words, Mr. Penn is at once the scapegoat and the vehicle by which a club which is a thorn in the side of the government, especially the rightist administration of PM Abe, is made to look bad. NHK and the mainstream media have, due to kisha club loyalties and an atmosphere of intimidation in the wake of the secrets law, made it harder and harder to look at a whole host of issues related to the power of Keidanren and electric power companies, the plight of Okinawa, the sex slave issue, and the lack of autonomy of the media its itself, as exemplified by the Koga-Asahi case.
All things at which the FCCJ excels. And it strikes me as odd that the the readership here and, even moreso, Shuukan Shincho, would be that interested in the internal workings of the election and conflict between committees. But maybe anything is game if the intent is to weaken the forces that challenge the status quo, to make the FCCJ look like a bunch of amateurs. If you watch the press conferences, you will see that is not the case. But in a climate where netto uyo are more and more emboldened to assert their nationalism, where they troll both English and Japanese sites seeking to intimidate, I can only wonder if there are not hidden intentions at work at the weekly and among some of the commenters.
Meanwhile, I am grateful that a claim that Penn was fired from his university job, something which can easily be verified of true, was deleted by the administrator. Such attacks are never acceptable. Thank you, Japan Today.
In any case, I do not believe that the intention of Shuukan Shincho was to inform but rather, to sow disinformation and thus try to take down the FCCJ a notch. I also question why this is so newsworthy so as to warrant coverage in English, but perhaps the interested commenters could give us their perspective on how the FCCJ covers issues the mainstream stays away from and why that should be overshadowed by a wide-show like exploration of strife within the governing bodies of the organization.
Roger Schreffler at Jun. 04, 2015 - 07:35AM JST
Mr. Arenson,
I think the best way to answer your question is to share two communications from the club's president and BOD on Tuesday. The first, from Mrs. Birmingham's presidential column, which anyone around the world can download from the FCCJ's website.
"Strangely," she wrote, "amidst all this effort to attract members, qualification for Regular membership and media affiliation became a disturbing issue last month: the rallying cry to vilify a particular board member. It smacked of McCarthyism and sadly reached both the Japanese and English-language press via certain members who regularly wield personal attacks and damage the Club."
She's taken her defense of Michael Penn outside the club. She's accused critics of 'McCarthyism'.
Second, I asked to see the minutes of several BOD meetings. Here is the BOD's response:
"Please see the answers below on inspecting the November 2014 board minutes or any other board minutes since the Club's conversion to koeki shadan hojin status: The minutes are not generally available except by a court order…."
By court order!
Mrs. Birmingham didn't mention in her column that four longtime members of the club's finance committee, true experts in the field, resigned in protest when they were ordered to sign a 'nondisclosure agreement'; that five members of the membership committee, including two former presidents, resigned over the Penn issue; that a respected BOD member resigned over the Penn issue, and that the election committee chair resigned over the Penn issue.
Again, Mrs. Birmingham is invoking McCarthyism to defend this guy who - and I stand by my reporting - does not own and operate a news agency in Japan or overseas. Penn is not a blogger in my opinion. He is a journalist. But he's not the president of a news agency. He's not a Tokyo bureau chief of a foreign news agency.
These are facts.
I have my opinions about Penn. But seven senior members have resigned from their fiduciary positions because of him. Four others have resigned because of the BOD's secrecy policy.
It's newsworthy when the FCCJ, a beacon for press freedoms in Asia, is now concealing records. We learned this week, for instance, that three years after the BOD fired 50 employees and outsourced its restaurant operation that we're still losing money on an operating basis. No mention of it in our treasurer's formal report. No mention of it in the president's column. But the treasurer did admit it under questioning from a financial pro.
I am not disclosing any trade secrets. The club's audit is a public document. So is the president's column in today's internet world.
Roger Schreffler
GalapagosnoGairaishu at Jun. 04, 2015 - 09:31AM JST
Paul Arenson@Japan's weekly magazines play an important role in the national discourse, filling in (or rounding out) what the mainstream daily newspapers often fail to deliver. To insinuate that Shukan Shincho is out to "get" the FCCJ merely for its coverage of that organization begs the question, what specific passages in the article would you raise as evidence of its biased coverage? The entire article in Japanese came to about one-third of a page, and it was buried in the TEMPO section far back in the magazine. One would think if the magazine really wanted to do a job on foreign journalists or their club, is would feature the story more prominently, with a couple of pages, photos and sensational headlines.
The FCCJ members are free to write about any aspects of Japan they choose, so it's only reasonable to accord a vernacular publication reciprocal privileges. Shukan Shincho, which turns 60 years old next February, has hundreds of thousands of loyal readers and a solid record of investigative reporting. Trash it at your peril.
cevin7 at Jun. 04, 2015 - 09:43AM JST
I don't see the reason why they make a great fuss over the matter. It's not like Penn has made a serious and illegal mistake.
Roger Schreffler at Jun. 04, 2015 - 10:00AM JST
Re It's not like Penn has made a serious and illegal mistake.
Actually he did make a serious mistake. Whether it's illegal or not is still an open question. He made a false credentials application to the Ministry of Foreign Affairs.
Roger Schreffler
M3M3M3 at Jun. 04, 2015 - 11:05AM JST
Hi Roger, I'm trying to whittle down the case here, so can you clarify something for me?
1) When Michael Penn became a purported member of the FCCJ, had he already been operating the SNA in Japan or engaged in any journalistic work in Japan? Or did he join solely based on claiming that the SNA existed outside of Japan and he was its new foreign correspondent?
2) Hypothetically, if I am a journalist based in Japan who meets the membership requirements of the FCCJ (My articles are published abroad etc etc) but I am a bit worried about being accepted for membership, so I decide to lay it on thick by pretending to also be a foreign correspondent for a non-existent news organisation based in the US.... Does anything in the rules say that my application is null and void because of this lie despite actually meeting the membership qualifications without the lie?
Thanks
turbotsat at Jun. 04, 2015 - 02:04PM JST
That's funny, I was thinking the same thing about those people who ignore my answers to their positions, and just chant "Shingetsu is not a news agency!" I've already posted definitions of organisation, news agency, etc. Shingetsu doesn't have to be commercial although it may be. The FCCJ articles and bylaws specifically say "organization" where they could have said "Large News Agency in a Big Shiny Building Incorporated in Delaware". They specifically say "engaged" where they could have said "employed". The definitions of "organization", "news agency", "engaged", etc., all cover Penn and his agency. The FCCJ bylaws also make it clear that freelancers and correspondents from non-traditional media can be regular FCCJ members. The bylaw says nothing about business, business registration, work-for-hire (except for an income test used for an ALTERNATE qualification), exclusion of non-profits, etc.
I shot down those arguments about interns and 'agencies publish journalists or their not agencies' and 'foreign correspondents / agencies publish in foreign outlets' by posting a list of journalists that HAVE articles published under Shingetsu's name and a list of MAJOR outlets that HAVE articles published from Shingetsu. Now your argument is reduced to claiming the major outlets didn't verify him properly. Maybe they did a better job than you? Maybe their opinion is different from yours?
I don't really agree with the Board blocking access to minutes, etc., requiring NDA's of finance purposes. But maybe it was presented to the board as necessary for legal purposes. In which case SOMEONE outside control of the board should be able to see the records, such as financial auditors.
If you are the same Roger that writes on automotive issues in Japan for WardsAuto and that is your only affiliation, it seems you are also not eligible for Foreign Press Center Japan's press card, as they specifically exclude lifestyle-only magazines (or media). But it seems also FCCJ is less restrictive than FPCJ. Another note from googling is that a Roger of the same name has nominated a Bloomberg correspondent for the next FCCJ board election, and it is a contested election (8 seats, 10 nominees, including Penn). And an old book has (Roger of same name) listed as a past 1st-VP of FCCJ (Penn is current 1st-VP), with (the Roger) sitting next to the podium in a photo from the 90's or 80's or so. Long-term involvement indicates dedication to the FCCJ, but how dedicated is it to be squabbling in public over membership issues?
Shingetsu had an article somewhere condemning the silence of the media in the face of Fukushima secrecy. I did not find it on their site, but sourced by Shingetsu on another site, notably penned by Mariko Segawa of Shingetsu, who was also a past foreign correspondent for Reporters Without Borders, IIRC from googling. Another Fukushima-related note, here in a Mar. 14, 2011 press conference transcript is the spokesperson asking "Michael Penn, Shingetsu News Agency Press TV " for his press pass, and noting him providing it ("Shikata You have the Foreign Ministry's press pass already? Good, thank you"). http://fpcj.jp/wp/wp-content/uploads/2013/08/336.pdf
Some more points, to various:
BTW someone is complaining up above that Penn may be running the local office out of his Tokyo condo; the foreign press credentials forms specifically permit using a residential address and a mobile phone for the news organization's local contact info, in the absence of a Japanese bureau.
Someone complained (or laughed) that Shingetsu is using Wordpress for their site. I don't see the problem with Shingetsu choosing its content management platform as it likes. People should try writing their own platform before complaining (or laughing). (And yes, I could, and no, I won't.)
Given that various persons seem to have detailed knowledge of the situation, and we've apparently heard the membership committee's side of it, it would be interesting to hear on what grounds the board rejected the committee's findings. It'd be even more interesting because the club's bylaws seem to include edge cases such as online media, freelancers, etc., that Shingetsu's detractors seem eager to employ as bars but which the bylaws specifically permit. Sorry in advance if that's already been posted above.
Ref.:
Foreign Press Center Japan, Application for Foreign Press Registration Card ("The Foreign Press Registration Card facilitates your access to press occasions provided by official organizations including the Ministry of Foreign Affairs, Prime Minister’s Office, National Diet and other governmental agencies."): http://fpcj.jp/en/assistance/fpregcard/, correspondent's form: http://fpcj.jp/common_en/pdf/assistance/fpregcard/apl_form_2014_en.xls, media organization's form: http://fpcj.jp/common_en/pdf/assistance/fpregcard/overview.xls
FCCJ articles and bylaws appear in English and Japanese PDFs at bottom of their About page: http://www.fccj.or.jp/about/about-fccj.html
Roger Schreffler at Jun. 04, 2015 - 04:29PM JST
To M3 & Turbo:
According to Penn’s official bio (www.mei.edu/profile/michael-penn), he arrived in Tokyo in April 2010, his contract not having been extended by The University of Kitakyushu. At the time (again according to his bio), he was managing some sort of academic study group called Shingetsu Institute for the Study of Japanese-Islamic Relations.
He entered into a contact with a media company in Tokyo which financed his move to Tokyo and sponsored his FCCJ membership and MoFA card.
There were problems, and Penn latched on to Press TV toward the end of 2010. He worked for Press TV for about a year.
In January 2012, he registered the name Shingetsu News Agency in Santa Barbara County, California, but established no company.
Under the FCCJ’s bylaws, the moment he lost his affiliation with Press TV he was required to report to the club's Board of Directors that he no longer met the regular membership requirements.
“In the event that a regular member no longer meets the requirements of Article 8 above, he can no longer be recognized as qualified to be a regular member (and) shall immediately notify the Board that he is no longer qualified to be a regular member...
“For the purpose of Article 8, an actively practicing foreign correspondent in Japan is a person working for a news organization headquartered outside Japan.”
So from January 2012 to March 2014, when new bylaws came into effect allowing Japan-based foreign journalists to qualify for regular membership, Penn failed to meet the club’s membership standards. When he was elected to the Board in June 2013, he wasn’t qualified.
At this point, I am relying on the club’s membership committee report. He apparently didn’t provide the committee proof that he had any sort of affiliation.
He committed a more serious breach by submitting a false credentials application to the Ministry of Foreign Affairs in spring 2014. It’s a big problem, an FCCJ fiduciary lying to the main foreign press accreditation body in Japan.
To Turbo: You have hit upon a central issue. Should geezers, former presidents, have a say in FCCJ governance? I can give you 10 reasons why we should and 10 reasons why we shouldn’t.
This is one of those instances when I think we should. We have a common understanding about what a news agency is. I don’t necessarily like The Associated Press...or Bloomberg or Reuters...but I respect them.
I also have nothing against someone trying to start a business. But then do it right . File your papers. Step one .
Roger Schreffler
M3M3M3 at Jun. 04, 2015 - 07:14PM JST
Thank you Roger,
You have actually cleared up some very important points. I have to admit that I didn't fully understand the situation until I read your last post.
Just so we are on the same page, can you just confirm the following points? (I'm sure you would characterise them differently but I've tried to write them in a fairly neutral way).
1). There is actually no dispute that someone in Mr. Penn's position would meet the basic membership requirements if they submitted a membership application today. This is because following the bylaw change in March 2014, journalists based solely in Japan do not have to be connected with any news organisation based overseas.
2). The dispute is actually about whether Mr. Penn is a member at this very moment and whether he has been and continues to be a usurper in his role as vice president. (There may also be ethical questions if he were to reapply for membership but lets leave those aside for now)
3). Because Mr. Penn's affiliation with Press TV ended at some time circa 2011ish (but definetly before the bylaw change in March 2014), he no longer met the requirements to be a member of the FCCJ. This is because at the time, one had to be connected with a news organisation based abroad.
4). At the precise moment that Mr. Penn's connection with a foreign news organisation came to an end, so did his regular membership with the FCCJ. If he ever met the criteria again, he would have to file a new application for membership.
5). Mr. Penn's creation/purported creation of the SNA in California might have been motivated by the realisation that he no longer met (or would no longer meet in near the future) the criteria for regular membership. This is why the existence or non-existence of the SNA in California is so critical.
6). Mr Penn has not re-applied to join the FCCJ and the board has simply declared that he meets the membership requirements without addressing the issue of whether or not he has bee a usurper during any point in his vice-presidency.
I hope you can confirm if I have that more or less right? I have a bit more to say but I'll wait for your confirmation.
Thanks again.
turbotsat at Jun. 05, 2015 - 03:54AM JST
I appreciate that organizations such as FCCJ really need continuation, in spite of push and pull in new guard vs. old guard, the old guard should be encouraged to stay around and advise, in emeritus positions or otherwise, especially given that these are volunteer positions and the energy to run them is donated by the persons involved.
As far as the topic at hand: Well, but the criteria should be objective not subjective. If the bylaws allow leeway in deciding criteria for describing an agency or a journalist, the club should lock down the criteria, if it wants, or not, if it doesn't. They could define business registration requirements, employee counts, public / private incorporation requirements, not using a residence as location-of-record, but they don't do any of that. If someone comes along and assumes that stuff, it's from their head, not from the bylaws. Given that the current board has several persons marked 'freelancer' (including the president) and they changed the bylaws recently, I guess a tightening of criteria is not likely.
For example, someone compared Shingetsu's site to the Drudge Report, as an example of what a news agency is not. It was a bad comparison. Shingetsu is full of articles, on various topics, Drudge Report at least from the top appears a collection of links. Someone else also tries=d to paint Shingetsu as employing interns, no journalists, few articles, not published in national media: all untrue and easily googleable as untrue. I just did a google search for "site:www.shingetsunewsagency.com" and got a site page count of 467 hits, so the term "few" also does not apply. The articles on Shingetsu are clearly not all opinion articles, not all written by one person, and not all written from someone's house with no fieldwork and no attendance at press conferences, and not links to or rehashing of other news sources' articles.
Can't really tell if there was any gap at all between Press TV and Shingetsu News Agency in Penn's history. The March 14, 2011, FPCJ-provided transcript link I gave earlier marks Penn as ""Michael Penn, Shingetsu News Agency Press TV". Does that indicate he had one foot in both agencies at the time? Or did the transcriber back-update Penn's affiliation at time of transcription, possibly 2013 given the URL, and add his current affiliation to his previous affiliation? If not, it indicates Penn's affiliation in both was contiguous.
If there is a gap ... Do FCCJ membership committee sergeants-at-arms routinely show up at the doors of regular members when regular members are terminated from their positions, demanding club ID card, etc.? Certainly the terminations of at least a few persons should have become general knowledge in the community very quickly after termination, over the years. Or is Penn's a special case brought out of animus?
You can easily browse my past posts on this site if you like, it is the only evidence (X'd, below) available against my statement here: that I don't know Penn at all and am not aware of any connection to him, 6th-degree or otherwise, have only heard of FCCJ a few times and never heard of Penn before reading this article, live (X) in the north half of (38M population) California where I believe someone said Penn's father lives in the south half, have only been to Japan (X) a few times, and my work is (X) writing software not journalism.
It's only that there were some attacks (some anonymous, some deleted, some not) vs. Penn in the article and comments above that seemed easy to check out and I was bored and did so. Starting with: '4000 tweeters is not a credential' and 'fied from faculty'. He may be a total dastard worthy of such attacks, but at least they should be accurate and even a brief google of Shingetsu indicates they are not. (Except possibly 'fired', which a brief googling did not find any evidence of other than the deleted comment on JT. In any event, 'fired in the past' does not appear to be grounds for exclusion for FCCJ and if noting such history was suddenly required no doubt many in the membership would be updating their resumes).
Anyway, I don't have any animus for anybody, if my posts above help Roger and FCCJ Insider or whoever in any way including to see how the FCCJ's contention looks from the outside or how their own strict criteria might not match the less-strict bylaws, etc., that'd be nice, if not, I'm not going to fret, and at this point I'm pretty much out of content, myself.
I would note that Jobs and Wozniak started Apple in Jobs' parents' garage, at least that's what the anecdotes say. I would still call them a company, for all that they did not have an official address. An Apple 1 probably sold from that garage was found by a recycler in its instream recently, and was sold for $200K.
DMoore at Jun. 05, 2015 - 06:38AM JST
Clarification please, somebody! 1) The Japanese Ministry of Foreign Affairs provides a Press Card upon request by someone who works for a foreign press/media organization, offering bonafide news coverage in form of text or audio recording/photo/video footage and surely must serve an audience at least the size of a "respectable market"... arbitrarily and in my mind, would be the size of my College: at least 5,000 people - in exchange for providing, in addition to bylined items, some sort of documentation from the employer. I assume if an outfit based in the US, this would entail use of the Postal Service or some other Fed-regulated form of transmission? 2) If the document(s) are forged or otherwise fraudulent - as elsewhere noted, perhaps(?) considered to fall under "mail fraud" category under US law [if the "employer" calls itself an "Inc." when otherwise, most surely!] by trying to pass off as some entity which it is not in order to gain undue benefit - the perpetrator(s) should be identified, no? I think MOFA should have the paperwork involved on its files since it is still less than five years since application?
Roger Schreffler at Jun. 05, 2015 - 07:32AM JST
To your questions, M3:
1) Mr. Penn would probably qualify under the club's new bylaws. 2) I'm not sure I understand your question, but at this moment he's still in regular category. But he's left a lot of wreckage: seven resignations including all five members of the membership committee, a BOD member, and the election committee chair. And the president, Mrs. Birmingham, has accused me of 'McCarthyism' in regards to this case. 3) Yes & Yes. 4) Yes. He was required to inform the BOD, but in practice the membership committee. Yes. 5) I don't know what his motivations are, but he's been caught in a lie. 6) Essentially, yes. Except the new find: He lied to the Ministry of Foreign Affairs, the effects of which are already being felt. A longtime resident/bureau chief of an influential European news agency (a real news agency) was asked for more records before his press card was to be granted. Mr. Penn promotes himself as a spokesman for 'alternative' media. It's bullsh*t. Sorry.
To Turbo:
We are clear about what a 'news agency' is. We have a subsidiary organization called the Foreign Press in Japan or FPIJ. Like the United Nation's Security Council, five big agencies including AP, Reuters and Bloomberg have permanent seats. We make provisions for FPIJ in our bylaws.
FPIJ refused to admit Shingetsu News Agency because it's not a news agency. Contact FPIJ if you wish. Richard Lloyd-Parry is its chair.
Concerning gaps in Mr. Penn's bio (his leaving his university in Kitakyushu, his first job in Tokyo, his job with Press TV) check with him, and then I'll tell you what I know both firsthand and secondhand. Contact me through the club or through Facebook.
Concerning the FCCJ's membership committee 'showing up at the doors' of errant members: No, they don't. But most members don't make themselves visible. Mr. Penn chose to be a fiduciary in a koeki hojin. He got caught lying to one of our sponsoring organizations. He's exposed the club - already vulnerable to claims of wrongful firings of 50 employees, to new charges of credentials fraud.
As for the club's membership criteria and whether the rules are applied universally, I urge you to read the membership committee's resignation letter posted on the SOS FCCJ Facebook page. These are serious, conscientious people. To insinuate otherwise is unfair.
The issue isn't whether Mr. Penn started Shingetsu News Agency in his daddy's garage. This issue is that Mr. Penn didn't live in Santa Maria when he registered the name. The issue is that he never formed a company, thus there is no Shingetsu News Agency.
The issue is that he didn't have an 'office' in his father's garage when he applied for press accreditation with the Ministry of Foreign Affairs (Japan's equivalent of our State Department). The issue is, if you live in northern California as you indicated, he doesn't appear to have paid taxes.
And the issue is internally, he broke our rules and, if you read his statement on the club's website, he's accusing a group of '70-something' types of treating him unfairly.
He got caught. He's a public figure. He needs to step down and stop damaging the club.
Roger Schreffler
Danny Bloom at Jun. 05, 2015 - 09:35AM JST
70-somethings? I love it.
turbotsat at Jun. 05, 2015 - 10:19AM JST
@Roger:
Thank you for providing references to pursue, but I am not interested in anything more difficult than googling, or reading links someone might provide, and commenting based on that. It's more interesting than doing crosswords, and similarly staves off dementia. If Penn wants to post on here, I may respond, and if he wants to toss up porkies, I may attempt to knock them down.
Also unless new arguments come up I guess it's clear I won't change my opinion, even if the arguments are repeated by the chair of the FPIJ. I can see why you would hold your position but I also see that in my opinion the bylaws have not been clear enough to exclude Shingetsu. So any arguments such as "lying to one of our sponsoring organizations" which depend on the 'not a news agency' finding will also not change my opinion. As the board has the right to reject the membership committee's finding, it seems the rejection will stand unless the composition of the board changes sufficiently.
As for his daddy's garage, the press card application form I linked to and FCCJ bylaws I linked to specifically state "organization" not 'company', and the composers could have stated 'company' if they wished. As for "This issue is that Mr. Penn didn't live in Santa Maria when he registered the name", FCCJ supposes its members to be based in Japan, not Santa Maria.
As far as tax evasion, probably someone's already raised it with the California FTB or Japan's equivalent, and it's Penn's issue to deal with. California is serious about it: state troopers will even condemn you for crossing a toll plaza with expired out-of-state plates, prior to writing out your ticket, if you're honest and say you've been working in California. It's not relevant to the 'not a news agency' determination in my opinion, because, as I've said before, the FCCJ bylaws and the FPCJ's press card applications say "organization", where they could have said "company".
Looking at this article in the Asahi Shimbun's website from 2012, which refers to conflicts in the FCCJ at that time and earlier, it looks like these problems have been going on for a while, predating Penn's appearance in the arena: http://ajw.asahi.com/article/globe/backstage/AJ201202260018 Foreign journalists club in Tokyo loses its luster, February 26, 2012 - "... In 2009, a new American general manager was criticized for, among other things, the way expenses were managed. He resigned only one year after taking the post. A few years earlier, former president, who was expelled from the club, petitioned the courts for a temporary injunction to get his old position back. ... insiders say the leadership has long been unable to properly manage the club. ..."
The 5,000 figure you present is arbitrary, that is the problem that makes similar opinions expressed by other commenters above opinions, and not facts. Reading the FCCJ bylaws linked earlier does not provide guidance as to viewership, readership, etc. But if you want some numbers, you could check youtube and find several videos published by Shingetsu, including one about Rabbit Island with 58K+ hits. Also you could note that Shingetsu is published on al-Jazeera's, Japan Times, and Nikkei Asian Review; surely those provide enough readership for your criteria?
As far as criteria for the press card, the journalist application form I linked to earlier requests, for item 4, "Proof of regular contributions ... For newspaper & magazine journalists ... Photocopy of bylined articles written within the past 3 months". Links to these for Penn were provided earlier in the comments above.
BenUriel at Jun. 05, 2015 - 05:19PM JST
Turbostat:
Please clarify.
Organization appears to be defined most places as a group of people -members or in special cases -employees- of the organization- bound together by some set of principles seeking to achieve some common purpose or purposes. It is very flexible (although press/media might narrow it somewhat) but does not to my knowledge include individuals (Interestingly I think an individual could be justly defined as a business in the case of a sole proprietorship but an organization requiring more than one member cannot be categorized as a sole proprietership). I think the heart of the matter here is that "someone else" overseas -a different person or persons or entity- needs to be hiring the applicant. A person cannot to my knowledge hire himself or be his own agent. The key is somebody -overseas and I would even go so far as to suggest it probably cannot be a "person" since as you pointed out the word "organization" is used- needed to hire somebody in Japan to do journalism. What I think is being argued here is that did not happen in this case.
Yes the person in question has interns in Japan. One can argue whether interns are employees. I am pretty sure they are not. If they were there would be a need to be various interactions with local authorities to make sure their rights and utilization as employees were in order. Nor, I think you will find, are they partners. They are independent contractors -trading experience for labor- and independent contractor's are by definition not members of the organization they are working for.
Even were that the case, the organization, assuming arguendo we can call it that in this case, was not based overseas. There was nobody overseas. It was an entirely Japan operation. At FCCJ that landed a person with Professional Associate status. Not regular member status. So I am not sure what you are getting at. There are a great many other things going on in this dispute and I doubt it will ultimately be settled by the fine print. But I guess the point from the standpoint of argument is how you find an "overseas organization" during the pre "Public Interest" status period of the FCCJ. If you can demonstrate it - and you have picqued my curiosity - I am going to recommend future membership committees read this debate for a deeper understanding of classification problems perhaps with the alleged infringers name blacked out- no doubt the journalist in question will be most relieved and grateful.
zones2surf at Jun. 06, 2015 - 12:07AM JST
I've watched the back and forth on this and while I said that I had nothing further to contribute, it just annoys the heck out of me that there is still key facts/ideas being disregarded.
Penn may be a journalist. He may write articles. He may even have people working for him, paid or unpaid, in Japan under a non-incorporated business.
I don't care how many articles he has written. I don't care if he has a bunch of contributors and he has paid them.
Does that make him a news agency? Doubtful, as all news agency are formally established, regardless of the form they established.
But, OK, let's assume he is a news agency by virtue of all that he has published/distributed. OK. Does that make him a foreign news agency? Absolutely not. The idea that someone can have no legal establishment in a foreign country, have no staff, have have no presence there, but have staff in Japan, when there is no legal basis for connecting the Japan presence to the U.S. presence? Just ludicrous.
The only thing that makes him a "foreign" news agency is that he is a non-Japanese. So, by this same logic, a Japanese person could get a U.S. P.O. box, set up a mailing address in the U.S. without establishing a legal entity and then pass himself off in Japan as a foreign correspondent for a U.S. news agency.
Complete and utter BS.
Many of us have been around Japan long enough to see "operators" and "entrepreneurs" try to manipulate/use the rules to gain advantage and present themselves as something they are not.
In this case, with Penn, the emperor has no clothes. Shingetsu was not a foreign news agency, anyone that is in the business that reviews the facts knows that it doesn't pass the smell test. Frankly, they shouldn't have foreign press credentials.
If you want to start a news agency in Japan, do it properly. If you want to start a foreign news agency, do it properly. Otherwise, this feels like an intentional attempt to use the the "rules" and "customs' to obtain something you haven't earned. And to use titles and name cards to BS people in the process.
No respect for him professionally. At all. Do it right or don't do it all.
zones2surf
DMoore at Jun. 06, 2015 - 12:20AM JST
Ah! Thank you - finally someone responding to my request for clarification... BTW indeed the 5,000 figure is arbitrary, but thanks for noticing; to be honest I just wanted to note that even in a podunk college community, ethics matter. The Main Point I wanted clarification on was about the "certificate" (I now see it must be in the form of an original letter & not a digital copy/fax/whatever) - copypaste from Foreign Press Center of Japan/MOFA link: "(3) Certificate of applicant’s affiliation certifying working relationship/contract/employment by media organization (File format: PDF, JPEG or TIFF) *Please attach the original letter that certifies the employment, contract or any other working relationship between the applicant and the media organization, written within the past three months and signed by a person who has authority over personnel affairs of the media organization. Media journalists dispatched from headquarters or transferred from other countries, such as bureau chief and correspondent are required to submit a letter issued by the headquarters, while media journalists employed by the branch office in Japan are required to submit a letter issued by the headquarter or the branch office." SO A REQUEST TO CLARIFY: if said letter was sent from the US (Shingetsu supposedly being California-based) - in all likelihood via US Postal Service - WOULD IT NOT BE TANTAMOUNT TO MAIL FRAUD if this "certificate" was intended to deceive MOFA into issuing a Press Card(which conveys certain privileges). Doesn't gaining such benefits even just through use of false certification constitute fraud?
turbotsat at Jun. 06, 2015 - 02:07AM JST
@BenUriel
The press card application and FCCJ bylaws both say 'organization', not 'company', for whatever reason, possibly to permit non-standard organizations, possibly as an oversight, because, you know, everyone 'knows' what a 'real' news agency is.
An organization could have one member (as in a sole proprietorship, or the Ladies' Social Club dwindled to one member). Or zero members (the owner of a haberdashery passes away, his nephew doesn't want to work the cash register or to be considered a member of the company but hasn't gotten around to selling it yet).
'I know what it is when I see it' doesn't cut it. Why have bylaws if you're going to accept any kind of opinion yea or nay based on "I know what it is when I see it'?
If 'Technically, but not actually', then why have bylaws? It's up to the club to define its bylaws as strictly as it wants.'
I guess it'd be simpler to just refer you to the wikipedia articles for 'front organization' and 'shell corporation'. This is probably what Penn has got, but neither the FPCJ nor the FCCJ has expressly banned them (and before someone says "it's not registered, so it's not a corporation", note the FPCJ and FCCJ also do not specify 'corporation' or any other commercial entity): https://en.wikipedia.org/wiki/Front_organization, https://en.wikipedia.org/wiki/Shell_corporation
As far as interns go (BenUriel: "One can argue whether interns are employees."), that was someone else's argument, that Shingetsu ONLY had interns working for it. I expressly listed journalists (who were not interns) writing for Shingetsu, to counter that argument.
One example is enough: Makiko Segawa, googled http://tinyurl.com/pdh645o, bio at http://www.mandy.com/home.cfm?c=seg053, Makiko Segawa - ... My background is a Japanese international journalist distributing the written pieces for Japanese weekly/monthly magazines. ...My current clients are France 24, Canal Plus, Ebru TV, Channel News Asia other independent productions companies and Reporters Without Borders as a Japan Correspondent. Also, I was a news assistant/writer (to Japan Real Time in Japanese); to The Wall Street Journal. Besides the media, I work as a senior specialist for International PR at Tokyo Metropolitan Government. I have worked for many media in the world such as Canadian Global Mail, British Telegraph, The Sun, German Stern, Spanish El-Mond, Italian RAI TV , Israeli Daily Y-Net, Magnuma and so on."
And http://www.truth-out.org/author/itemlist/user/45026 : "Makiko Segawa is a staff writer at the Shingetsu News Agency".
@DMoore, you're welcome; @DMoore, zone2surf: All that "mail fraud", "scam artist" stuff, see 'organization, not company', 'technically, not actually', etc. just above. The Foreign Press Center Japan's press card application and FCCJ bylaws say 'organization', not 'company', not 'organization of greater than 1 or 0 persons'.
Having been a sole proprietor at various times maybe my view is different than yours. If Penn's dad is running the scene from his garage in California, or just opening the mail while Penn remains the evil genius behind the throne, it's still an organization, if they want to call it one.
Looking at what's viewable for free in the Google Books copy of "Foreign Correspondents in Japan", Pomeroy, 1999, it seems this kind of soap opera is nothing new at FCCJ, they were having similar arguments over membership back in 1993:
TexPomeroy at Jun. 06, 2015 - 01:27PM JST
Waal, since "Daddy" been brought into the picture, about time I jumped into the fray! I'd like to know: was the initial Foreign Press card obtained based on an "original letter" written by Penn Pere, certifying that his son works as a bureau chief or correspondent of the news agency (and I don't mean that in the Aussie sense of the phrase) or not? I assume one cannot write such a letter for oneself without raising an eyebrow or five, so someone "authorized" had to sign the original letter; who was it? If "Daddy" done so, then people should be asking him questions, no?
M3M3M3 at Jun. 06, 2015 - 02:04PM JST
Thank you @Roger, that really helps to clear things up.
What I meant with my second point was this:
If Michael Penn ceased to be a foreign correspondent at some point in 2012, I think his membership would have automatically come to an end at this point whether he informed the board or not. If he then later created the SNA or affiliated with another organisation, it seems to me that he must fill out another application form as required by Article 9 before he can become a member again. (The timing of events is obviously very important and somewhat unclear).
As I see it, the board cannot simply bestow membership unilaterally on people once they are no longer members. If they did this, there would be no enforceable agreement between the club and the member binding the member to pay dues. The candidate for membership must fill out the application form. If Penn automatically ceased to be a member and then failed to fill out another membership application, it seems as though he is not actually a member even today.
It might seem rather pedantic seeing as we agree that Mr. Penn probably meets the membership criteria post-March 2014, but I think it's still very important for the club. Theoretically, if Michael Penn ever gets fed up with the FCCJ (say, if loses the election), he could raise this issue himself by insisting that he was not a member and attempt to sue the club to recover all or part of the money he has paid in dues since 2012.
@Turbotsat
I actually agreed with everything you were saying until Roger's last post clarified the argument.
You are entirely correct that the FCCJ articles (both new and old) should not be read in a way that discriminates against sole proprietors in favour of corporations. At first, I thought Roger and FCCJ Insider believed that the lack of corporate registration was decisive in determining whether Penn was eligible to become a member. However, the argument is much more subtle and complicated.
The key issue is whether Michael Penn was a foreign correspondent at all times prior to March 2014 (as required under the old articles). The lack of corporate registration in California is simply persuasive evidence that he cannot meet the definition of foreign correspondent intended by the drafters of the articles, it is not decisive. We need to consider all the evidence and we should be debating the definition of foreign correspondent rather than company structures.
I think you are also making the mistake using a literal interpretation of the articles to assume that everything that is not explicitly prohibited is implicitly allowed. You are entitled to do this, but you have to realise that courts will always interpret the articles purposively. This means that the articles must be read together as the drafters intended. When you interpret any particular article or define any particular word, you can't put forward a literal interpretation that would completely destroy the raison d'etre of the organisation. If we adopt a very loose definition of a foreign news organisation so that virtually everyone could join by registering a token sole proprietorship or corporation overseas, it would undermine the other articles which state that the FCCJ exists for the benefit of foreign correspondents.
The problem as I see it is that Michael Penn's use of the SNA was 'token' affiliation with a foreign organisation rather than 'genuine'. Of course you can say that the articles don't explicitly make any distinction between genuine and token use, but I would argue that it is clearly implicit in the articles.
Just imagine if Michael Penn had bought an offshore corporation in the British Virgin Islands, rented a mailbox and signed up to a telephone service where he had a 1-800 number and someone would answer the telephone “Good Morning, Shingetsu News Agency”, and then appointed himself as a foreign correspondent... Is any court in the world going to read the articles and come to the conclusion that the drafters contemplated that this type of token use would meet the FCCJ articles' definition of a foreign organisation or that Michael Penn is a foreign correspondent? I think not.
TexPomeroy at Jun. 06, 2015 - 05:47PM JST
Jes'so y'all aren't left with the wrong impression - "Foreign Correspondents in Japan" was not WRITTEN by Mr. C. A. Pomeroy... he was the General Editor.
turbotsat at Jun. 07, 2015 - 05:05AM JST
@M3M3M3
I wish I had thought of posting the wiki link to 'front organization' at first, could have avoided a lot of discussion. I don't have and haven't had any disagreement with the opinion that Penn's use of his dad's address is probably a front organization.
The status quo is apparently that the Board has rejected the Membership Committee's findings, and the committee resigned, so Penn's membership is safe at the moment. Maybe if the opposition has enough energy to take the issue to court, a court would be interested in considering intent, if it doesn't throw the issue out. Or if the opposition is successful in getting enough members on the Board in the upcoming elections, they can probably revisit the previous decision and oust Penn.
I don't know how much weight a court would give to 'intent' (that's from ignorance, not from any expertise). It would be a Japanese court, and even so, the issue is not as weighty as the ones the US Supreme Court wrangles over when considering 'intent of the founders'.
According to the article, the Board is probably aware of the basis of the Membership Committee's rejection of Penn's membership, the address of his foreign agency. But they still rejected the Membership Committee's rejection. (Reading the term 'thereby' and associated sentences in the article, the anonymous source claims the committee rejected it based on Penn's agency's address, and it's not likely they'd have kept that secret from the Board.)
Given the history of battling over membership in the FCCJ (that I mentioned above), my guess is that Penn's membership is just a skirmish in a war that originated or heated up when the new guard (some marked as 'Freelancer' on the current board) overturned the old guard (probably accustomed to working for 'large' news agencies). Not the main issue.
FCCJ is a large club, with large assets. It's something to contend over, and with regular elections, it will be contended over. 20 years ago, the same sort of tussles were going on, according to the book I mentioned above. Some of the contenders now were apparently contending back then as well, if you connect the dots in the book. So I don't think the sky is falling for the FCCJ, just because of the issues cropping up now. An actual contender might have a different view.
(Note: The anonymous source for JT's article has info on the Membership Committee's side of the argument. Does it not have info on the Board's reason for rejection?)
@TexPomeroy: Sorry, Mr. Pomeroy, you are correct, I was just going by the author field on the Google Books and Amazon entries for the book.
TexPomeroy at Jun. 07, 2015 - 07:04AM JST
Waal, no skin off my nose (I ain't Charles Ames). But, getting back to "Ripping Yarn" here - I say primary sources are needed, I say all involved should come clean (the accused should of course be faced by his/her accusers), all facts should be made open {I may be from the Lone Star Republic but I ain't no fan of Star Chambers}. As for accusations about "McCarthyism" I say give us a clear definition about it if such accusations are to be made; bandying about such terms is serious business.
Roger Schreffler at Jun. 07, 2015 - 01:42PM JST
“Strangely, amidst all this effort to attract members, qualification for Regular membership and media affiliation became a disturbing issue last month: the rallying cry to vilify a particular board member. It smacked of McCarthyism and sadly reached both the Japanese and English-language press via certain members who regularly wield personal attacks and damage the Club.”
These are Lucy Birmingham’s words in her final presidential column in the club’s magazine, No. 1 Shimbun. (http://www.fccj.or.jp/about/presidents-message/827-june-2015.html)
She also characterized several former presidents including Karel van Wolferen and the late Sam Jameson as ‘Don Quixotes’ for litigating against the FCCJ’s Board of Directors. She didn’t mention that they sued the Board because they felt that mass-firing of 50 employees was illegal.
As someone else posted, David McNeill, a respected journalist, resigned from the Board over the firings in spring 2012.
Mrs. Birmingham supported the firings and is sitting on more than two dozen documents that implicate current and former Board officers of questionable conduct. And she continues to support the runup in legal fees to defend previous mistakes and misconduct.
Her Board even gave the club’s lead lawyer (who’s pocketed more than $100,000 in fees) an honorary membership.
Concerning her defense of Mr. Penn and her ‘McCarthyism’ smear, be advised again that seven fiduciaries have resigned from her administration including a Board member, five members of the membership committee, and the election committee chair.
If you’re interested in reading the membership committee’s resignation letter, it was sent out in a mass mailing and later posted on the SOS FCCJ Facebook page: https://www.facebook.com/notes/sos-fccj-save-our-club-save-our-staff/fccj-membership-committee-resigns-en-masse-to-protest-boards-bestowal-of-regular/818921558204924
And truth be told: The Board appears to be getting its clock cleaned in at least two of the lawsuits.
In the Tokyo Labor Commission suit, Shimbun Roren, representing the club’s employees, has rejected a financial settlement proposed by the Board. It’s no longer a question of ‘if’, it’s a question of ‘how much’.
As for the ex-presidents’ case, the Don Quixotes have made a powerful argument that the club wasn’t going bankrupt as the Board had alleged prior to the mass firings. I’ve seen their balance sheet analysis. It completely refutes the Board’s financial analysis three years ago.
Will the ex-presidents win the case? Who knows. But they’re surely not Don Quixotes. Mrs. Birmingham should take back her slander and share the evidence she’s sitting on. She has three more days to set the record straight.
Roger Schreffler
TexPomeroy at Jun. 08, 2015 - 04:27AM JST
Having never met Mrs. Birmingham - if memory serves - I can't figger out her reasoning fully, but I suppose whatever she was trying to say (this "smacked of" be real fuzzy) would've come out better had she used the "mot juste"; just to make certain non-Americans understand the word and assuming she's not an American, according to http://dictionary.cambridge.org/dictionary/british/mccarthyism - McCarthyism noun [U] UK /məˈkɑː.θi.ɪ.zəm/ US /-ˈkɑːr-/
› the practice of accusing someone of being a Communist and therefore avoiding or not trusting them: McCarthyism is named after the American politician Joseph McCarthy, who in the 1950s accused many Americans of being Communists. She was a victim of McCarthyism. (?!?)
In a nutshell, I think the main feature of McCarthyism was blacklisting without the accused being given an opportunity to face his/her accusers or to refute the claimed evidence; in my opinion only yeller-bellied cowards hide behind such blacklists, not coming into the open, a la Star Chambers. Such a dastardly act the late Senator Sam Ervin, who ensured "Tail Gunner Joe" Mc"Cur"thy would run with his tail betwixt his mangy legs after his well-deserved Senate censure, would observe as being "un-American!" furshur!
I copypasted the word she probably wished to use, as an adjective in front of "tactics" {though she'd need to specify the person or persons behind such tactics, that's the rub!} McCarthyite noun [C], adjective UK US /-aɪt/ (also McCarthyist ) › He led a McCarthyite witch hunt against...
As far as I can see it don't seem to be a witch hunt (then agin' I ain't no Puritan Yankee so I can't be certain about the Modus Operandi) if all this Penn chap is being asked to do is refute allegations that he did not follow the rules upon obtaining the Foreign Press card and of other possible acts of malfeasance. Or is Mrs. Birmingham saying that these are like Richard Nixon's opponents "bullying" him, as part of some witch hunt? That be why I keep sayin' the primary source needs to be made clear. I do hope MOFA and its Foreign Press Center of Japan be good at record keeping!
Waal, down in Texas, I'd say it was plain loco if some elected official were to make insinuations publicly about one's neighbors acting like "Puritan Yankees" [I wouldn't wish that even upon George Herbert Walker Bush, jes' because he sounds like a Yankee; not only would there need to be evidence like an audio recording but a videotape of him shuffling along like a Yankee would be in want] as that would be tantamount to what McCarthy had been doing with his words offered for the Senate records. As my good [Republican, I must add] friend from Ponca City, OK - Don Nickles {not Rickles} - told Trent Lott, "You must own up to yer public pronouncements!"
It appears an apology is in order in this case for using such words in the No. 1 Shimbun. BTW, fer the record: I am not nor have I ever been a member of the Communist (or Fascist or Moonist or Cultist or Socialist... National and otherwise) Party though I used to be a member of FCCJ way back when {probably even met Mr. Roger Schreffler then; not sure about Mr. Penn, though our paths might have crossed since I 've been going a lot to Kitakyushu as well as the rest of western Japan} but I tended to gravitate toward the late Al Cullison of JoC or interesting associate members like the late Tom Scully, God bless their souls! Anyhow, that's how I see things as they stand. As someone once said, "Good night, and good luck."
turbotsat at Jun. 08, 2015 - 04:54AM JST
@TexPomeroy
Definition 2 seems to be what she's talking about, not Def. 1.
http://dictionary.reference.com/browse/mccarthyism
TexPomeroy at Jun. 08, 2015 - 05:56AM JST
Howdy Turbotsat! Thanks for the Random House quote, the Cambridge and Oxford ones don't have Definition 2 but "the practice of making UNFAIR allegations or using UNFAIR investigative techniques" sure sounds like a McCarthyite move in part - but I say this definition should encompass "unsupported by proof or based on slight, doubtful, or irrelevant evidence. Standard techniques entail blacklisting, not informing the targets of allegations against them, social ostracism without foundation [e.g., due to past criminal or sexual offenses?], etc." Wouldn't you agree? Anyhow, I think as FCCJ President Mrs. Birmingham - likely not an American (?) - still committed a major blunder making such a public pronouncement in an open-access "Shimbun"; she should be more careful about the words she use, at least that's how I view things in this case. Or, can you point out how Mr. Schreffler has been UNFAIR towards Mr. Penn, since it appears the onus is on the current 1st Vice President of a public entity to clarify issues that need to be addressed?
turbotsat at Jun. 08, 2015 - 06:25AM JST
Howdy Tex!
Going by Ms. Birmingham's photo she possibly wasn't around when Sen. Joe McCarthy was holding his hearings. Anyway, I wasn't, and the context I retained from history class is Def. 1 only when referring to events contemporary to the actual hearings, and Def. 2 as a valid use in general. Please refer also to the wikipedia quote at the end of my post, below, in line with what I've said.
As far as the matter at hand, I don't know if Penn has ever represented the required foreign component of his agency, the registration at his dad's address, as anything other than a front organization. It wouldn't be especially smart of him to increase his personal target footprint by expounding on it, or even necessary given that the Board has rejected his disbarment. Front organizations aren't illegal just for being fronts.
There's a clue near the end of Ms. Birmingham's letter, linked to by Roger S., above (http://www.fccj.or.jp/about/presidents-message/827-june-2015.html):
Re "McCarthyism": https://en.wikipedia.org/wiki/Joseph_McCarthy
TexPomeroy at Jun. 08, 2015 - 11:06AM JST
Goooood Morning, Turbostat! Got me a few minutes afore I head on to the UT campus. Wiki info is useful but I'm afraid I'd NEVER consider something I can go edit during lunch to be a primary source. BTW both those dictionaries I mentioned were the latest editions (FYI I dun missed the pic of the purdy lil' lady, to my great regret... and as for the "clue" this here countryboy isn't Sherlock, so can't quite git the drift; anyhow I wasn't around either when that mangy cur from Wisconsin was runnin' rampant, as I am in my "30-something's" {leastways down Ginza ways!}). Well now, found Collins Engish Dictionary, perhaps better?
McCarthyism (məˈkɑːθɪˌɪzəm ) Definitions noun (mainly US) - the practice of making unsubstantiated accusations of disloyalty or Communist leanings - the use of unsupported accusations for any purpose I suppose the Second definition comes into play but I don't espy any "unsupported" accusations around. Can you kindly clue me in on that too? Oops, time to run! Giddyap!
DMoore at Jun. 09, 2015 - 01:16AM JST
Tex, as far as I can judge from the link Turbostat provided f
TexPomeroy at Jun. 09, 2015 - 01:21AM JST
Whoa! You seem to have been cut off mid-sentence - it seems to be a "demi" message there; now, calm down 'n try agin!
DMoore at Jun. 09, 2015 - 01:55AM JST
Pardon me, got something in my eye - to continue: ... for Ms. Birmingham's letter she will use her lame-duck period (does she get a few months?) rather than demurring to the new president, to set up her own "brand new Membership Committee"; it is similar to being a "court packing" move oft-tried in the US in the past, though it usually fails due to widespread opposition to such an undemocratic move.
turbotsat at Jun. 09, 2015 - 02:23AM JST
I thought the orcs got DMoore!
Don't know the affiliations of the 10 nominees for the election (closing today June 9th) of the 8-member board, but I'm guessing it's expected to be a squeaker, otherwise why the end-of-term machinations?
There's at least a couple nominees nominating other nominees, and a couple nominated by Ms. Birmingham, and one by Penn, and Penn himself. And a freelancer nominated by A.R., who is also a nominee but affiliated with Business Times, and who is co-nominating a Bloomberg nominee nominated by Roger S.
http://www.fccj.or.jp/images/election2015/list4.pdf
@Tex
Online.com has got 20+ hits on online dictionaries such as M-W, Oxford, etc., for 'McCarthyism'. At least a couple include something like the "Def. 2" generic version I pasted from wiktionary.
http://www.onelook.com/?w=mccarthyism
Candidates from Regular Members (Vote for up to eight) 1. Imad Ajami, IRIS Media Nominated by Lucy Birmingham and seconded by Monzurul Huq 2. Toshio Aritake, Bloomberg BNA Nominated by Roger Schref fler, seconded by Anthony Rowley 3. Erol Emed, Freelance Nominated by Michael Penn and seconded by Daniel Eskenazi 4. Masaaki Fukunaga, The Sanmarg Nominated by Lucy Birmingham, seconded by Kenji Obayashi 5. Suvendrini Kakuchi, University World News Nominated by Peter Langan, seconded by Monzurul Huq 6. Peter Langan, Bloomberg L.P. Nominated by Suvendrini Kakuchi, seconded by Aaron Sheldrick 7. Michael Penn, Shingetsu News Agency Nominated by Dennis Normile, seconded by Takashi Kawachi 8. Anthony Rowley, Business Times Nominated by Gregory Clark, seconded by Joel Legendre 9. James Simms II, Freelance Nominated by Andy Sharp, seconded by David McNeill 10. Robert Whiting, Freelance Nominated by Anthony Rowley, seconded by Pio d'Emilia
turbotsat at Jun. 09, 2015 - 03:54AM JST
LOTR, yes ... https://www.youtube.com/watch?v=IVzO3gxgqNU#t=45
Outsider guesstimates as to the composition of the future board are discombobulated by nominee Anthony R. both nominating a freelancer and seconding (with Roger S. nominating) a Bloomberg journalist. Pretty soon we'll know anyway.
Roger S. and Anthony R. are both past presidents of FCCJ. But who served between Baumgartner and Birmingham? Is she a two-time office holder, or are staff mad enough at the 2013-2014 president to not update the web list with his/her entry?
http://www.fccj.or.jp/about/president-and-board-of-directors/2013-08-26-01-52-16.html
TexPomeroy at Jun. 09, 2015 - 04:40AM JST
Howdy Turbostat! I am a bit Obtuse so I've read Ms. Lucy Birmingham's letter several times over, trying to find the "clue" - so I noticed her sayin' "two years' stint" so it would appear that she must be a "two timer"... BTW cain't sleep cuz I just cain't clue myself in; DADBURNIT!! HAAALP! TX
DMoore at Jun. 09, 2015 - 05:20AM JST
Mornin' Tex! Sleep deprivation is not conducive to good writing and typo prevention! BTW Considering you're a real Southern gentleman I bet you my bottom dollar you skipped Preview and forgot to check the Microsoft auto replacement gaffe for this certain phrase! Too bad two successive Comments aren't allowed on the thread! FYI rest assured my interpretation of the clue is likely spot on! Hope you can go to sleep now! PS no, the Goblins didn't get me but they almost did you in! Nano nano! G'night! D
TexPomeroy at Jun. 09, 2015 - 05:36AM JST
G'ness Gracious!! Thank you DMoore - yep I tried to Post a correction & apology when I realized I'd made the "Gates Gaffe" skipping Preview when "two timewinner" ended up coming out as the unintended term. A thousand pardons! Totally unintended slight, Ms. Birmingham. Waal, once burnt twice shy, I think I'll place myself in solitary and throw the keys away now... Real Men from Texas own up to their public pronouncements, FYI. Anyhow, sincerest apologies! Tex
turbotsat at Jun. 09, 2015 - 08:02AM JST
@Tex
A clue as to where the current board is headed with this issue ... they already rejected the Membership Committee's finding, the committee stepped down, and now it looks like Ms. Birmingham would like to put in place a new committee that would be likely to make the Board's rejection permanent.
Ms. Birmingham didn't start signing the President's letters until November 2014, but the content of the letters indicate she started writing the letters in July 2014 (the date of the earliest letter available publicly on the club's website, at least at the page I found), the month after the 2014 election. Don't know exactly how that works out relative to selection of a new membership committee.
http://www.fccj.or.jp/about/presidents-message.html
http://www.fccj.or.jp/about/presidents-message/269-h2-title-home-oliver-stone-peter-kuznick-3.html
DMoore at Jun. 09, 2015 - 10:46AM JST
The President of the United States requiring 3 months for moving out of the White House, that makes sense; FCCJ President taking 3 months to transition?! Shazbat!!!
TexPomeroy at Jun. 09, 2015 - 12:04PM JST
come to think, this here's not an open-access (public) "site" so no need to ensconce myself... done my Mea Culpas anyways! Thanks for various dictionary terms Turbostat, but I still say Wiki should not be considered a primary source since for all everyone knows I may be authorized to Edit it; I think Collins seems best for English users worldwide. M-W to me seems too "US-centric" (likely has a definition of "Shazbat" in it). Anyhow I maintain that "McCarthyism" isn't a word that should be bandied about easily.
DMoore at Jun. 09, 2015 - 12:15PM JST
Living dangerously eh Tex? Didn't preview before sending the message I see - C wasn't capitalized.. well, nitpicking about using "McCarthyism" from your perspective might be ok, but it seems to be a "Red herring"; the issue is whether Mr. Penn is going to defend himself from what seem to be justifiable "accusations" which to his ally might appear as a "witch hunt" or whatever...
TexPomeroy at Jun. 09, 2015 - 12:40PM JST
Hold on to your horses!! Your point is well-taken, but "nitpicking" seems a bit harsh! After all it is a sitting President of a journalists' club publicly insinuating that other journalists are "McCarthyites"; if she's being paid to be a wordsmith then better choose the right words. BTW I surely won't point out you're nitpicking about the c not being capitalized [Ooopsydaisies! Am i? I better keep my cotton-pickin' fingers away from the keyboard! Bad dawgs!] since you are right, I skipped Preview agin', pardon me!
DMoore at Jun. 10, 2015 - 05:17AM JST
Howdy Tex! Gomennasai, "nitpicking" as in "fussy" was the connotation I had in mind but obviously I should've said so - "fussy" I mistakenly thought would sound like I am calling you stuffy or a fussbudget... yes indeed I concur that if as President of Foreign Correspondents Club of Japan had made a public statement which needs to be "owned up to", it should be dealt with properly. Yet we should be keeping in mind the problem with other club officers as well... BTW I sure hope mentioning "Red" herrings does not make me a McCarthyite! Heh...
TexPomeroy at Jun. 10, 2015 - 11:11PM JST
Apparently today is "Judgment Day" at FCCJ - hope those involved will keep things updated.. DMoore, not to worry, in this age of news outfit downsizing and dwindling number of readers for all news outfits, of pudknocker editors and sub-par writers, there are many journos around these days who would rather be "better read than Red" I'm sure!
M3M3M3 at Jun. 11, 2015 - 05:51AM JST
Hi Everyone,
The SOS FCCJ Facebook page has reported the results of the election. Apparently Michael Penn has lost. The new President is James Sims, 1st Vice-President is Peter Langan, 2nd VP is Suvendrini Kakuchi. Other winners were Mary Corbet, Otsuka, Robert Whiting, Idris Ajami, Milt Isa & Masaaki Fukunaga.
As an outsider, I'm not sure if this is a clean break with the past administration, but I get the sense that it might be? Thanks again to everyone for the discussion and good luck to the FCCJ.
https://www.facebook.com/SosFccj?fref=nf
turbotsat at Jun. 11, 2015 - 06:21AM JST
Correlating M3's list with affiliations from the list of candidates (http://www.fccj.or.jp/images/election2015/list4.pdf) gives the list below.
Is anyone missing on the Facebook list? Or only 6 of 8 available regular slots and only 3 of 4 associate slots were filled?
DMoore at Jun. 11, 2015 - 07:03AM JST
It appears the "holdover(s)" from the old board stressed the fact that somebody had to follow up on the details of the legal wranglings - hope ALL records/recordings will be made open... anyhow indeed seems 2 seats Regular and an Associate seat is still up for grabs; as they say, "It isn't over until..."!
M3M3M3 at Jun. 11, 2015 - 07:09AM JST
@turbotsat
Thank you, That's really helpful info.
TexPomeroy at Jun. 11, 2015 - 12:22PM JST
Hi y'all (DMoore, early in the mornin' and in a rush not conducive for good grammar either, eh? Your views on the "holdovers" do appear to be spot on though) - I definitely remember Mr. Simms [2 m's] when he was at pre-Murdoch DJ... had the great pleasure of talking with him on several occasions at press conferences. My feel was that he is quite affable yet very incisive; I am fairly happy to hear that a professional-calibre journalist gets to head the FCCJ along with Mr. Langan, who my pal Kurt Hanson says is a "real good fellow," and Ms. Kakuchi, who everyone knows {even the most difficult-to-deal-with Japanese academic I've ever been acquainted with says} is "great" - though I will suppress my optimism until hearing who will fill the remaining seats.
DMoore at Jun. 11, 2015 - 02:37PM JST
Tex, indeed you should bridle in your optimism - once things go sour, it will take quite a while and a lot of effort to "sweeten" things up... BTW as I was checking out cyberspace for Mr. Penn I found something about a Canadian named Christopher Johnson (haven't the foggiest as to his background except for nationality and self-identification as a "reporter") who is claiming blacklisting by several members of the journalistic community here in Japan; what is this all about I wonder? It might behoove a look by FCCJ as a "Freedom of the Press" champion to scrutinize this claim, which was apparently ignored by FCCJ 1st VP Penn over the past year (or two?)?
TexPomeroy at Jun. 11, 2015 - 03:20PM JST
Waal - I'm fairly certain I've never met this Johnson fellow and don't know who he (she? there used to be a beautiful actress named Christopher Norris way back when); both Johnson & Christopher are fairly popular names so I likely won't remember if I had but... any comment from Ms. Birmingham alluding to McCarthyism as to this situation?
DMoore at Jun. 11, 2015 - 03:36PM JST
Thanks for your quick-at-the-draw comment, Tex. But, tut tut, you dropped a verb I think; anyhow seems Mr. Penn was charged with the matter from what I gathered since Ms. Birmingham was apparently a colleague of this Johnson person at some newsroom somewhere (NHK?).
Strangerland at Jun. 11, 2015 - 04:39PM JST
Regarding Christopher Johnson: http://www.economist.com/blogs/banyan/2012/01/japans-immigration-control
DMoore at Jun. 11, 2015 - 09:13PM JST
Strangerland, thanks for the enlightenment! Actually I am starting to wonder if the "blacklisting by others in Japan's journalistic community" has something to do with this? If so it'd not only be "troubling" but I'm sure there will be a whole lot of "conspiracy mongers" looking underneath beds! Well the best news for ME is... I'm out of here, hurray! I've done my time, and the sweet sight of home beckons me! Just a few more weeks and I'll be able to get away from all this!!!
TexPomeroy at Jun. 11, 2015 - 10:31PM JST
Things are becoming curiouser and curioser it seems. Now, to make "things" absolutely clear: no, I am not nor have I ever been a member of the John Birch Society, either - but seriously folks, if there be all kinds of strange blacklistings going on, whether by governments, corporations or "cabals of evil people" (or whatever you'd call 'em [I'd just call 'em "yeller-bellies"), then all real journalists should try to get to the bottom of these stories, without fear or favor. I'm sure there'll be some who won't want to risk their hides, but to quote Rawhide: "I tell ya, if it ain't one thing, it's somethin' else." Oh, BTW @DMoore, this one's for you: "Wherever you go... there you are!"
turbotsat at Jun. 12, 2015 - 07:16AM JST
That's an article from way back in January 2012, about his tale of being held at the Narita airport, interrogated (for a day or few) and forcibly exported by Japan, upon return from a trip to S. Korea. Probably he hadn't made it back to Japan at the time of the article.
The first few google hits for ' "Christopher Johnson" Japan' indicate he is back in Japan. Other hits out of the first several give some indication of why news organizations may have blacklisted him (if that's what happened).
So, not sure what case there is to take up. From what's up on google it seems FCCJ members would be well aware of various incidents involving Johnson, after all, he's in the industry. I only looked at a couple but one was from back in 2007.
DMoore at Jun. 12, 2015 - 10:56AM JST
Well turbostat that's rather offhand, no? I couldn't care less about this personally since I am leaving Japan soon - however, I think your browser may require updating [or now set to block out ramblings?] since one (of several) that mine caught was for 2013, referring to FCCJ, freedom of the press and our "stars" Mr. Penn & Ms. Birmingham: https://globalitewatchdog.wordpress.com/2013/11/09/ ... As The Economist notes, this Canadian tends to ramble {certainly could use a good editor, yet perhaps he is still "dysfunctional" or suffering from trauma or whatever...} but I once knew a chap who studied at Mississippi University ["at Oxford" he'd note] and talked like (egads!) Faulkner, that did not mean I could treat him like sod, now could I? I quote a paragraph herewith, with portions abbreviated for sake of brevity, to say the least: "Penn said he discussed the matter with FCCJ president Lucy Birmingham, who has worked for years... at NHK. Penn said that he and Birmingham agreed they would take no disciplinary action. Penn said that he believes people are innocent until proven guilty, and he wouldn’t take disciplinary action until guilt is proven in court. He said the club can only deal with actions initiated by fellow club members, not outsiders, even if they are veteran professional journalists. He urged this reporter to take police and court action ..., and said he would comply with any court decision, such as a restraining order barring ... ... from press conferences at the club. He said he should not have to accept any responsibility for the actions of ... , though he did in fact appoint h... to a press freedom sub-committee. He said that the club has a number of “dysfunctional” members with various issues, and he’s trying his best to build up the club’s reputation and take action to protect journalists in Japan from abuses." The primary source is out there! Oh, a Parthian shot: who are the unnamed three FCCJ board members-elect. I say, don't leave us in a lurch! D
TexPomeroy at Jun. 12, 2015 - 12:36PM JST
This Canadian does seem to have a problem or three - it could be that he had problems returning from South Korea (not DPRK) precisely because of these. He even writes for of all things the Washington Times aka the Moonie paper, perhaps he isn't an FCCJ member because of this? But, nevertheless I do see that Mr. Penn and Ms. Birmingham were somehow involved [as was the club through its press freedom sub-committee?], and although there indeed may not be a case to take up I would be interested in finding out how such things were (are) handled.
turbotsat at Jun. 12, 2015 - 02:04PM JST
Well, here are the resulting Board, maybe someone would like to correlate with the election ballot.
Of the original 10 regular members posting for election, with the ballot specifying "Vote for up to eight", three did not make it to the board (Aritake, Rowley, and Penn). Maybe they withdrew before the election, or a full eight were elected and one board member withdrew or was forced to withdraw by the other members of the Board.
New Board: http://www.fccj.or.jp/about/president-and-board-of-directors.html
Ballot: http://www.fccj.or.jp/images/election2015/list4.pdf
Scarlet-Pimpernel at Jun. 12, 2015 - 02:49PM JST
Wot! No vote counts? Quite...10 candidates for eight seats, and three did not make it, and there are Reserve Directors even - indeed did some chap withdraw?
TexPomeroy at Jun. 14, 2015 - 12:54AM JST
No vote count but...
OFFICERS
President
James Simms
Forbes contributor
Freelance
1st Vice-President
Peter Langan
Bloomberg News
2nd Vice-President
Suvendrini Kakuchi
University World News
Secretary
Mary Corbett
Cresner Media
Treasurer
Yuichi Otsuka
Associate Member
DIRECTORS-AT-LARGE
Imad Adami
IRIS Media
Masaaki Fukunaga
The Sanmarg
Milton Isa
Associate Member
Robert Whiting
Author/Freelance
KANJI William Sposato
Freelance
EX-OFFICIO
Lucy Birmingham
Freelance
RESERVE DIRECTORS Erol Emed
TTSOJ Vision Magazine
Richard Dyck
Associate Member
RESERVE KANJI Dennis Normile
Science
DMoore at Jun. 14, 2015 - 02:16AM JST
Blimey, this... is trickier than I thought! So - a parting shot to follow the Parthian one: it indeed seems there are only 7 regulars (President, 2 Vice Presidents, 3 Directors-at-Large and a Reserve Director) with 4 associates (Secretary, Treasurer, a Director-at-large and a Reserve Director) in office now; does not add up, is there a regular-designated seat open now? Wonder how this came about. Unless all the other candidates did not get any vote, assuming they did not vote for themselves, a seat was left open? A mystery, worthy of an Agatha Christie-type novel?
TexPomeroy at Jun. 14, 2015 - 10:34PM JST
Yes, so FCCJ has one person who was running for the Director's seat designated for an Associate who didn't make it and a vacancy on the Board for a Director that can be filled... obviously this guy who ran for the Associate spot cared enough to be a candidate - perhaps, unless the 2:1 Regular:nonRegular ratio cannot be altered due to some requirement, things can be arranged so a "Professional Associate" seat [likely would reflect the frequent-user membership pool a bit more accurately?] can be created and this spot filled by the lone Professional Associate {obviously a "Media person" as indicated by affiliation}), then have the Associate Reserve Director become a Director-at-Large and the "invisible fifth Associate candidate" become the new Associate Reserve Director? Or, is there some hidden message behind the "Missing Man" formation, I wonder...
Scarlet-Pimpernel at Jun. 14, 2015 - 10:55PM JST
Wait a tic! I gather from Tex's rambling that he still must be interested in the future of FCCJ. However, old chap, it seems an explanation as to how an open seat came about is in order first.
DMoore at Jun. 14, 2015 - 11:37PM JST
Third time lucky I hope! Yes, an explanation - somebody, please! "The lurch" is not funny... especially for someone taking off, most likely for good!
TexPomeroy at Jun. 15, 2015 - 02:16AM JST
Indeed things do not seem to tally... but wouldn't be surprised if it takes a while for an explanation to crop up (after 75 days, everyone Japanese would've forgotten) and I suppose you won't be around to care either - too bad.
BenUriel at Jun. 16, 2015 - 12:44AM JST
You all have been suggesting that there are seats unfilled. In actuality the Board consists of 6 regular directors and one alternate and 3 associate directors and one alternate. Three Regular Members and one associate failed to obtain any position.
The present president appears to favor the old Board. The other officers except for the treasurer are not affiliated with the old Board.
There were two by-laws changes sought and obtained by the membership
1, Regular Member candidates must demonstrate their affiliation to the satisfaction of the membership committee before being allowed to run for office.
Whereas before, the FCCJ board blocked disclosure of all information other than basic financials (which are in any case required to be disclosed by Public Interest Association law) and allowed only Regular Members to see such FCCJ information and then only when they had 32 signatures of other Regular members, the resolution that was passed made all non-private FCCJ information open to any FCCJ member, associate, professional associate or regular, without any signatures. The old Board, while professing "transparency" opposed this measure and lost. This is a major step forward for FCCJ.TexPomeroy at Jun. 16, 2015 - 03:06AM JST
Thank you BenUriel for the explanation: so, vote for 8 but actually it means 7 (6+ a reserve) whilst vote for 4 is indeed 4 (3+ a reserve) - does it mean everyone votes separately for the President? It appears to me a strange balloting system but... whatever... . What is bothering me now is: you note 2 by-law changes, and enumerate 1,... but the second change is...? BTW can you clarify "present President" - I assume you mean Ms. Birmingham, on assumption she is a "lame duck" until the end of this month? Or is Mr. Simms in favor of the old Board, whose stance obviously has taken a beating [despite the 2 Regular candidates who opposed that old Board not having been elected either {not electing a former President to the Board, maybe a matter of "protocol"(?); can only speculate about the other}] and Mr. Penn having lost?
BenUriel at Sep. 25, 2015 - 11:49PM JST
SUVENDRINI KAKUCHI NEW FCCJ PRESIDENT
The following are strictly my own views and do not reflect (necessarily) the views of Ms. Kakuchi, various Board members, the plaintiffs in the ongoing FCCJ staff termination lawsuit or Mr. Schreffler (since the disaffected seem insistent at involving him in everything whether he is involved or not - that sort of hit and run scapegoating and scaremongering have always been their most effective cards). They others I mentioned above are all quite capable of expressing their own views of course and readers should assume that at some point they will do so and not assume out of hand a connection with what I am saying below.
Three months into the new FCCJ board of directors there was a surprising change in government on Thursday (24 September). The FCCJ Board of directors voted under the new rules (given us by the heretofore ruling faction when the FCCJ was taken Koeki last year) to remove Mr. Sims from the Presidency and replace him with 2nd Vice President Suvendrini Kakuchi. The core of the difference leading to the vote appears to be that the Board Members voting for Kakuchi felt that Mr. Sims was not sufficiently responsive to concerns over transparency and failures in governance. Neither the Board Members supporting Ms Kakuchi nor Mr. Sims have yet made more than a cursory statement.
On the contrary. on some of the social networks there has been a lot of angry - and in some cases quite possibly defamatory - discussion by the disaffected of how the change was engineered by such people as the "evil clique" that had sued the FCCJ over massive illegal staff firings three years ago or by the ever popular Roger Schreffler. (In fact neither the plaintiffs nor Mr. Schreffler saw the move coming, were left scrambling, and it appears to have been a decision based entirely on the concerns and considerations of Board Members)
I will not sit in judgment of the main players in this drama here - except to note that the misguided failure of governance in the preceding board and a desire on the part of many -on the old board and off- to defend that at any cost have led to hugely imprudent decisions and created a relatively explosive situation at the FCCJ. I rather think the faction that lost had other plans for the day -none of them very nice for the ultimately successful opposition- but that faction has been so used for so many years to having its way it simply was not prepared for the possibility of a principled concerted successful action against it.
And, sadly, I do think it was regrettable Mr. Sims had to be involved in this train wreck, yet it was probably necessary -certainly something was- to make it clear that that the poor governance and financial reporting and transparency situations would no longer be tolerated. The disaffected and the mongers of rumours and lies on the social media should bear in mind, talk is cheap: proof is a serious matter easily susceptible to misjudgment by amateurs and poseurs, and defamation is one of the lowest places people who would have others believe they have something positive to do with the fourth estate can go. Let us ALL tread more carefully there. For the record I categorically deny whatever the disaffected are saying (I am not sure of all of It but I doubt, knowing the character and intelligence of those involved, journalists and wannabes alike, I can go far wrong ethically or otherwise with a sweeping blanket denial).
For reference, Ms. Kakuchi was the second highest vote getter in the recent election following only Mr. Langan who supported her in the recent action. Ms. Corbet, the secretary was third and Mr. Sims was 4th. There was a 15 vote gap out of 120 votes between Ms Kakuchi and Mr. Sims.*
I regard Mr. Sims as a qualified journalist who did in his own way try to come to terms with the problems of the FCCJ. There is always a certain amount of regret at things like these but I think whether it was the best move or not if the opposition had done nothing things would have quickly become much much worse. We were in a situation analogous to the Seitaigo government of a little more than a century past and a little to the West. Mr. Sims was in the wrong place and the wrong time, picked the wrong horse and stuck with it.
Politics is a rough and unforgiving game. And it is not always the most deserving that feel the lash the most keenly. Don't we in the (former) opposition know it. Many of the scattered forces of the (at that time) opposition have repeatedly been made to feel that same lash, quite unfairly applied at the hands of Mr. Sims erstwhile allies. We sympathize. I hope Mr. Sims will stay with the FCCJ, focus on journalism and his continuing Board duties and one day, when the time is right, make the attempt again. All one has to do is be a solid journalist and I suspect that if good governance can be restored, honors and positions will be there for the taking. There are in the FCCJ so few solid genuine working journalists or foreign correspondents left who are not in some degree retired.
1) Peter Langan: 125
2) Suvendrini Kakuchi: 120
3) Mary Corbett: 115 (prof. assoc)
4) James Simms: 105
5) Fukunaga: 98
6) Milt Isa: 97 (assoc)
7) Bob Whiting: 95
8) Otsuka: 94 (assoc)
9) Imad Ajimi: 85