Kathie Marchlewski, Midland Daily News 04/08/2005

A dispute that turned into a scuffle between a Dow Chemical Co. public affairs person and WNEM TV-5 Reporter Dave Bondy has been resolved.

The incident occurred at the Midland Holiday Inn, when television cameras and recording devices were banned from a meeting hosted by the company and the Michigan Department of Environmental Quality. Community leaders and the general public were invited to participate, but to ensure that participants would feel comfortable speaking openly, Dow and the DEQ requested that media not use recording devices and that print media not attribute quotes to speakers without their permission.

When Bondy repeatedly asked why cameras were not allowed, Dow's John Musser told him to "Go away" and hustled him out the door. The incident, during which Bondy exclaimed "Don't push me," was captured by cameras and has been played repeatedly on Channel 5.

WNEM News Director Ian Rubin said the station consulted with legal advisers on the matter. "Our legal advice indicates the banning of electronic media was a violation of the Open Meetings Act," he said Thursday, but added that if reporters and cameras were allowed into a similar meeting conducted in Saginaw that night, the station would not pursue the matter further.

The DEQ disagreed with the allegation that the Open Meetings Act was violated and consulted the state attorney general's office. "The question is where is the meeting, and who is hosting it," said spokesman Bob McCann. "This is a private facility rented by a private company."

But the DEQ and Dow agreed to let cameras in at the Horizons Center conference room for presentations by Director Steven Chester and Dow's Susan Carrington, then asked participants if they were comfortable with media coverage. When no one expressed a desire to have cameras removed, the station was allowed to stay for the remainder of the meeting, which was designed to gather input on how the DEQ and Dow can best reach the public with information on plans to move forward to resolve the dioxin contamination issue in the Saginaw Valley.

"We were glad they were able to get the message out to the public," McCann said. "It wasn't our intention to close the door on them."

Rubin said the station is hoping for continued access to meetings on the topic.

©Midland Daily News 2005

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