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Free Community Papers of New YorkAssociation of publishers of free distribution shopping guides, newspapers and periodicals throughout New York State

AUTUMN EDITION 2013

imPRESSionsIn This Issue

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1

The Po w er o f One

The Power of ONE

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Executive Director’s Message .............. 3

President’s Message .............................. 4

Sales & Training Director’s Message ... 5

SMC Update ......................................... 6-7

Kevin Slimp: Changes and How They Affect Free Papers ............... 9

On the Road With FCPNY ..................... 10

PaperChain Update .............................. 11

Associate Members ........................ 12-13

Board of Directors ................................ 13

SALES 101 ........................................ 14-16Brought to you by the FCPNY Sales Management Division, this section of our association newsletter will prove to be a valuable resource to you and your sales team.

Legislative Update ............................... 17

Legalese With Joe Steflik .................... 18

CPAN Incentive Program .................... 19

Now All We Need Is

YOU!Be sure to take advantage of FCPNY’s various training options as mentioned in Tom Cuskey’s article on page 5.

FCPNY TraiNiNgOPPOrTuNiTiesFCPNY TraiNiNgOPPOrTuNiTies

Our mission is to unite and educate our

members for their strength and prosperity.

Free Community Papers of New York 877-275-2726 P.O. Box 11279Syracuse, NY 13218 www.fcpny.com

www.fcpny.com SEE AN INTERACTIVE MAP OF OUR PUBLICATIONS • DOWNLOAD THE FCPNY PUBLICATION AUDIT REPORT • REVIEW MEMBER BENEFITS2

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LEARN MORE ABOUT ALL OF OUR ASSOCIATE MEMBERS – SEE THE FULL LISTING ON PAGES 12 AND 13.

If you have a vendor or business you feel would benefit from associate membership, call Tom toll-free at 877-275-2726 or email [email protected].

Participation is the backbone of any association.

During the month of July, we celebrated Free Paper Month as an industry. Scarlette Merfeld, a member of our Sales Management Division Board of Directors, and Dan Alexander, publisher of Denton Publications and a member of our Free Community Papers of New York (FCPNY) Board of Directors, coordinated this event. It was a huge success, and they are to be commended for their vision and their efforts. You can find a recap of the month-long celebration on page 11.

One of the elements of Free Paper Month was the creation of advertising layouts created by Dan Alexander, Jr. These layouts were provided to all of our member publications for inclusion in your papers. At the end of the celebration, all of the publications that provided tearsheets of the layouts within their papers were entered into a random drawing for reimbursement up to $2,000 for the value of the ad space they contributed. Unfortunately, none of our FCPNY publications won the drawing and the $2,000. However, many of our publications did verify via tearsheets that they had in fact participated by running the promotional ad layouts.

It is through participation such as this that we can increase the visibility and validity of our industry. I want to thank and congratulate the following publications for taking the time, and contributing the space, to participate in Free Paper Month:

Denton Publications Genesee Valley Penny Saver Lake Country PennysaverLeRoy Pennysaver and NewsThe MerchandiserNorthern New York PennysaverNorwich PennysaverSeneca County Area ShopperSouth Bay’s Neighbor NewspapersSyracuse New Times

These 10 publications happen to provide a vast geographic coverage throughout New York State. Due to these publications running the Free Paper Month ads, many of our New York residents have a better under-standing of the value of all of our member publications.

We also experienced an impressive level of participation during the first FCPNY Training Table Forum conference call on Sept. 13. The Training Table Forum is a new member benefit available to all of our members’ sales asso-ciates and managers. Once a week for five weeks, on Friday mornings, Tom Cuskey and one brave member of our Sales Management Division Board of Directors lead an exchange covering different topics of interest to sales associates. As of this writing, we have held one such session; and Tom and I are gratified to report that we had more than 50 participants on the first call (by the time you read this, we’ll be having week five’s conference call).

From the Desk of Your Executive Director

Dan HolmesGreetings

FREE COMMUNITY PAPERS OF NEW YORK Autumn 2013 3

We are grateful to the many members who made this training opportunity a prior-ity, and we hope that the upcoming topics will encourage continued participation. Besides the chance to learn from Tom Cuskey and your association peers, you also receive chances during the call to win gift cards. In addition, each Monday follow-ing the call, Tom is committed to provide a summary of the discussion, embel-lished with additional related information and content links. These are three-page summaries that can be used with all of your sales staffs during sales meetings or individually. BUT … you have to be on the call to receive the educational and networking value of the session, and only those who dialed in will receive the well-prepared summary.

There are as many ways to participate in your FCPNY association as there are excuses not to do so. We are all very busy, but I strongly encourage you to set aside a little time to take advantage of the many member benefits available to you through FCPNY. Together, we truly can make this industry stronger and your individual publication more profitable.

I wish you all the very best in business and, as our mission statement suggests, I am committed to uniting and educating all FCPNY members for YOUR strength and prosperity.

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Selling of statewide classifieds, display ads and/or inserts through the CPAN program is essential for this association. I know this sounds like a recording that keeps on playing over and over again. But seriously, couldn’t you use almost $1,000 this month (4 weeks) or just about $13,000 for the year (52 weeks)? Of course you could. It’s easy to do. All you have to do is sell one—just one—statewide classified ad per week. A statewide classified ad sells for $490. Half of that amount goes to FCPNY, and the rest is yours. I’m sure you have a real-tor, chamber of commerce, attraction, vacation property or retailer who is looking to reach outside your circulation area. Statewide clas-sifieds are the perfect solution for promoting their product, service, event or just their Web address to a wider audience. Be a champion to them and to your bottom line, and sell a state-wide classified ad program today. It could end up being close to $13,000 in your pocket.

Some of you may have been wondering about the Fall Publishers Conference. Traditionally, this meeting is held in September as a weekend conference designed to bring member publishers together for networking opportunities. However, as you can imagine, it’s quite an expense to put on. So, despite the conference already being in the approved 2013 budget, the board and I felt it was best for the association to save the money and forgo this year’s conference. Instead of the conference, publishers were invited to join us at our normal one-day October board meeting.

Saving on expenses like this conference and increasing sales have been the goal of the FCPNY board and staff in order to keep this association one of the strongest free paper industry state associations in the nation. I’m pleased at how hard our committees have been working on coming up with ideas to make the association work more efficiently and crafting ways to help meet its goals.

This summer, the CPAN Committee put together several sales incentive packages that had strong positive results. In fact, it was recently decided to put together some more packages for the fall. In addition, the committee is investigating the possibility of a new display ad program that could make it easier to sell display ads. Watch your email box for those wild flyers from Tom Cuskey explaining these packages and display ad programs in more detail.

The Membership Committee is working on new associate member packages. These packages will be more rewarding for existing members and more enticing for prospective ones. Do you have a vendor, or know of a vendor, who could be beneficial to other members? Then ask them to become an associate member.

For more information, or assistance with selling the CPAN ad program or associate membership, contact our office in Syracuse. Dan, Tom, Deedee or Cheryl would be glad to assist you.

could you use an extra $1,000 this month?


From Your Sales & Training DirectorA Message Tom Cuskey

As I write this, we have just completed week one of the Training Table Forum, a conference call sales training and sharing event for FCPNY members. FCPNY Sales Management Division Board Mem-ber Kristi Morseman (The Hi-Lites/Seneca County Area Shopper) graciously served as co-host for our series kickoff, a discussion of practices related to prospecting and opening a sales conversation. Based on email responses from those on the call, I estimated that we had in excess of 50 people listening in—a great start for the program. We are hopeful to expand that number and the level of member interaction over the remaining four weeks of the schedule (week five, slated for Oct. 11, is probably looming as you read this).

Sales training is a lot like fitness, diet, religion, motivational reading, time with family and a host of other human disciplines—most in the profession will swear they need it and want it, but seldom make a consistent effort to involve themselves in it or make changes as a result of it. It’s our nature, and effecting change is so hard to do. As Dennis Green, a former pro-football coach I admire once said, “Everybody wants to go to heaven, but nobody wants to die.”

What’s changed in our industry? What’s changed in your business? In your market? In your active client list? Now, take a look at what you do. Have the elements you control—your daily work routine, your daily habits, and your outlook and goals—changed as much as the world around you has changed, the world you can’t control?

“In times of rapid change, experience can be your worst enemy.” J. Paul Getty

When it comes to change, often the more experi-enced you are in a certain position, the more diffi-cult it is for you to change. I can speak firsthand to that. My daily habits and long-term approach had to change this year because I had a career change thrown my way. Guess what? You have had major change thrust upon you, also. Maybe your address didn’t change or your title didn’t change. However, if you’re working in media sales right now, your situation has changed; and it’s likely not for the better. What are you doing about it?

“You will never change your life until you change something you do daily.” Mike Murdock

I came across the following ideas, written by Leo Baubata, on the zenhabits.net website. They make a lot of sense:

“… based on many experiments I’ve done in the last 7 years: nothing will change unless you make a daily change. I’ve tried weekly action steps, things that I do every other day, big bold monthly goals, lots of other permutations. None of them work except daily changes.”

The aspect I like about Leo’s program is that you make consistent changes in very small steps. Want to write a book? Write for 10 minutes each day. Want to lose weight? Start off by walking 10 minutes a day and swap your diet soda for water. Small, consistent changes become big lifetime habits with benefits.

how to implement daily changesAccording to Leo, this method is fairly simple and nearly foolproof. (NOTE: I have added the sales applications):

1. one change at a time. Do one change for a month before considering a second. Start first with your prospecting. Knock on new doors. Show one existing customer a new product every day.

2. start small. Spend 10 minutes each morning learning what AdMall can do for you. Read a motivational book, 10 minutes worth, every day.

3. do it at the same time each day. Do it after your first cup of coffee in the morning, after you arrive at work and so on. Repetition in habit-building is key.

4. make a huge commitment to someone. Make sure it’s someone whose opinion you respect. Tell them something you will accomplish that you can control. “I’m going to increase my sales by 10%” is too vague and may not make sense. “I’m going to find one new prospect each day” gives you more control, is easier to track and may pay off more than 10%.

5. Be accountable. Make sure you’re reporting in each day, not once a week or month.

6. have consequences. The most important consequence for doing or not doing the daily habit is that if you don’t, the folks around you will respect you less; and if you do, they’ll respect you more.

7. enjoy the change. The change should make you happy, not miserable. Keep it fun.

Thank you, Leo. There are many sources out there for you to access training information. But there is one easy-to-use source for you to take advantage

of industry-specific training whenever you need it—that’s me, brought to you by FCPNY and CPAN. Here is what your association offers you in train-ing support:

1. on-site training. I will come to your location and work with your sales staff on your schedule, covering the topics you choose. Currently, we offer 19 different topics (see them at http://fcpny.com/on-site-sales-training) and can design a custom program for you. I also will help your sales managers develop quick follow-up routines to be sure your staff is implementing new skills. All we ask is that you help us cover the cost of gas and expenses. It’s a very small investment with very big potential. It shows your staff that you believe in them, and it keeps sales growing.

2. new-hire and advanced training programs. For 20 years, FCPNY has provided a popular New-Hire Training Class; member publishers could send new hires for exposure to a comprehensive overview of the basic skills that we all rely on to promote free paper advertising. In more recent years, we also have introduced advanced training opportunities where veteran staff can learn new skills and polish existing ones.

3. specialized open-access programs. The recent Training Table Forum is a great example of the types of ongoing, easy-access training we intend to offer using the conference call and webinar formats to talk about the basics and new trends.

4. superconference and other events. FCPNY remains committed to bring in the best of industry experts for training for our members’ staffs. Names like Diane Ciotta, Jim Busch, Rob Zarrilli, Dr. Joey Faucette and a host of others have graced our stage annually in recent times. Experts like Mike Blinder, Bob Munn and others have shared their expertise at publishers’ and sales managers’ conferences as well.

5. lending library. When you need the basics, we offer a wide variety of books and audio-visual materials that you can borrow at no charge for your personal or group use.

Don’t put off investing time in keeping your sales staff sharp and involved. Email me at [email protected] or call 877-275-2726 to discuss a train-ing routine for your staff. Until next time!


by Donna E. Hanbery, Saturation Mailers CoalitionSMC Update

From Nov. 1 through Dec. 31, 2013, mailers can earn significant savings with the Postal Service’s “Mobile Buy It Now” promotion. The promotion provides business mailers with an up-front 2% postage discount on Stan-dard Mail® and First-Class Mail® letters, flats and cards that meet promotion requirements.

For publishers of saturation-mailed papers, the Mobile Buy It Now promotion offers you the opportunity to achieve a discount of 2% of the postage costs for mailings that include the qualifying mobile barcode. To be eligible, mailers must register in advance. Registra-tion began Sept. 15, 2013, and is done on the Business Customer Gateway via the incentive program service. Program participants must agree to promotion terms, including the completion of a survey at the end of the promotion.

To qualify, the mail piece must include a mobile barcode or print/mobile technology that can be read or scanned by a mobile device and leads the recipient to a mobile-optimized shopping website. The mail piece must contain text near the barcode or image that provides guidance to

the consumer to scan the barcode or image and conveys information about the landing page. The technology must lead the recipient to a Web page that allows the recipient to purchase an advertised product on the mobile device. There must be a connection between the image, the ad-vertising and the mobile-optimized website. The website must offer products that allow the customer to complete the purchase of the product referenced in the mail piece through a complete mobile-optimized experience. The promotion is limited to the offering of products that can be shipped by mail. Services, donations and sign-ups are not eligible for the promotion. The mail piece does not have to offer a specific product but could offer a line of products or, for example, direct consumers to a catalog or retailer’s website where a purchase can be completed and shipped.

The Postal Service website defines “product” as a “tangible and physical item that needs to be distributed or manufactured and can be shipped via a mailing or a shipping product offered by the Postal Service.” Although delivery by the Postal Service is not required, a delivery that only can be achieved by private carrier, such as a local pizza delivery, would not qualify.

The promotion has specific rules and restrictions on where the barcode can be placed. Although the barcode can be placed on the inside or outside of the mail piece, it cannot be placed on a detached address label (DAL) or on a blown-in card that is not enclosed within the mail piece. Every Door Direct Mail (EDDM) retail pieces that are brought to the local post office are not eligible for the promotion.

Although the promotion can offer mailers significant holiday savings over a two-month mailing period, there are many requirements for the promotion that relate to the method for paying postage; the placement of the barcode; the requirement of a product, as well as the ability to ship the product and make the purchase online; and requirements at mail acceptance and post mailing. For additional information, or to submit questions, mailers can go to the Postal Service’s Rapid Information Bulletin Board System (RIBBS) website and check out the 2013 promotions and incentives for the Mobile Buy It Now promotion. Specific questions can be directed to [email protected].

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Donna E. Hanbery, Executive Director 33 South Sixth Street, Suite 4160 Minneapolis, MN 55402 (612) 340-9350 Direct Line (612) 340-9446 Fax [email protected] Saturation Mailers Coalition

August 29, 2013

Dear Postal Board of Governors:

I am writing on behalf of members of the Saturation Mailers Coalition. SMC members produce and promote saturation mail advertising programs that include coupon envelopes, shared mail packages, free papers, and coupon magazines that combine local, regional, and national advertising to reach all households in a market area. Each week SMC members send more than 110 million advertising packages with the USPS. Our members spend, on average, anywhere from 35% to over 50% of their gross sales revenues (yes, I mean every dollar they bring in!) on postage!

Our members are all champions of the United States Postal Service. Our business is a daily effort to convince service providers, retailers, and any business that wants to reach customers to use the mail.

Although our members are your sales force, our ability to get in business and stay in business, and to help the Postal Service grow sales and revenues, depends very much on postal rates.

We understand that the Postal Service Board of Governors may consider the possibility of an exigency rate increase at its September meeting.

We know that the Postal Service is facing challenges. For years we have supported the Postal Service in asking Congress to release the Postal Service from unfair, and unreasonable, pre-funding mandates for health costs and credit the USPS for the excessive contributions you have made for various employee plans. We have supported the Postal Service on its efforts to take responsibility for its health care plan and to right size your processing and retail network.

But we ask you to understand that one of the most profitable segments of your business (saturation mail has a mark-up of 228%!) is very price sensitive and fiercely competitive. Although we believe that the mail and print advertising has a bright future, our advertisers have many places to spend their advertising budgets. Even the talk of a postal rate increase over CPI sends shivers of uncertainty into the marketplace. It makes efforts to fight for a piece of the advertisers’ budget harder.

We appreciate everything that the Postmaster General and Deputy Postmaster General have done to communicate your business plan needs to the industry. We have tried to support those efforts. We want to help the Postal Service grow and thrive in this changing com-munication marketplace. Your success in almost breaking even, from an operations standpoint, during the slowest months of the year, show that your efforts are working.

Our competitors, your detractors, and many of our customers would see an exigency price increase as a sign the USPS can’t cut it in today’s communications marketplace. We hope the Board will vote no on any exigency proposal at your September meeting.

Very truly yours,

DONNA E. HANBERYExecutive Director

editor’s note:This letter was presented to the Postal Board of Governors on Aug. 29. On Sept. 25, the Board of Governors requested an exigent rate increase against our best wishes.

This is a fluid issue as we go to press on Sept. 27, the date a decision on the exigent proposal is due from the Postal Rate Commission. We will keep you informed with updates via email and on our website at www.fcpny.com.


he 2012 FCPNY circulation audit and readership study from Circulation Verification Council has revealed that 797,663 people who read your publications plan to purchase Heating & Air Conditioning Services or Equipment in the next 12 months.

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Got news?do you have a news item about someone or something within your organization that you would like included in our quarterly association newsletter? If so, please pass it along to deedee dillinghamat [email protected]

Lizz Schumer first started with Metro Group in April of 2011 as a staff reporter for the Springville Journal covering local news, events and features. She later was promoted to editor of the Springville Journal on July 22 of this year.

Lizz won multiple awards from an editorial contest of the Local Media Association, a national trade group of community newspapers. She received an honorable mention for the article, “Spring Creek Pharmacy in Springville Robbed for Narcotic Pain Medication,” and a third place award for editorial writing for the article, “They Said What?” In addition to the Journal, Lizz also has done editorial work for USA WEEKEND Magazine, Buffalo Spree Magazine, the Buffalo News “NeXt” section and Auxiliary Magazine. She also served as the editor in chief of The Pitkin Review literary journal. Lizz looks forward to continuing efforts to deliver the best community news, sports coverage and local features to Springville, Concord, and the towns and villages that make up the Springville Journal distribution area. Lizz states that she is excited to continue to hear from readers and local residents on how to improve since she is always working to stay current and focused on what matters to the community she serves. Lizz holds a Bachelor of Arts degree in journalism and mass communication from St. Bonaventure University, as well as a Master of Fine Arts degree in creative writing from Goddard College.


Kevin SlimpThe News Guru

[email protected]

� is month’s column is dedicated to my friends in the free paper industry. So much is going on in our business, and I receive so many messages asking me to write about my thoughts on these events, that I wanted to take one column to explain how I think some of the big “stories” about the newspa-per industry particularly aff ect those of us in the free paper world.

Cleveland Plain Dealer & Oregonian cut daily delivery� e Newhouse folks, aka Advance

Publications, continue to convert their daily newspapers to non-daily distribution. I’ve lost count of the number of Advance papers that have made the move, starting with nine properties in Michigan, then moving through New Orleans, Alabama, Pennsylva-nia, New York and now, Cleveland.

In July, I took a trip - on my own dime - to meet with media, business and civic leaders in Kalamazoo, Michigan, to hear how the loss of a daily paper had aff ected their community. In a community meeting hosted by the Home Builders of Southwest Michigan, I listened as one attendee after another spoke up about the negative impact felt after � e Kalamazoo Gazette made the now familiar move from daily to non-daily delivery.

On my way to the meeting, I stopped at a supermarket and purchased a copy of the Wednesday edition of the paper. � e 20-page edition was fi lled with one ad, 1/4 page in size. � at’s not a misprint. Other than a few classifi eds and public notices, there was one ad in the entire newspaper, not includ-ing house ads.

� ere were at least two persons in at-tendance who owned community news-papers in the area. One of these owned a very healthy free newspaper, while the other owned a paid weekly paper. Of particular

interest to me was that both were very dis-appointed with the changes at the Kalama-zoo newspaper, but were taking advantage of increased advertising revenues as a result of the changes. Let’s face it. Advertisers still need to advertise, even if they’ve lost their daily paper.

Also in attendance were broadcast media representatives. It was interesting to learn that their revenue had also increased sig-nifi cantly as a direct result, they felt, of the changes at the daily newspaper.

Jeff Bezos bets $250 million on Washington Post

I didn’t plan to write about this. But I’ve received a bunch of emails and other mes-sages asking me to share what I think about the purchase of � e Washington Post by Jeff Bezos.

In a nutshell, I’m optimistic and wor-ried. Like Warren Buff ett, Jeff Bezos is a huge name that brings instant attention to an industry that can use some positive pub-lic relations. It’s concerning that someone with no signifi cant background in news-papers will take control of one of the most recognized newspapers in the world. At the same time, Aaron Kushner and Eric Spitz had no previous newspaper experience, yet they’ve made huge advances at � e Orange County Register.

So my hope is that Bezos will follow the examples of Buff ett, Kushner and Spitz and invest in ways to improve the newspaper in the long run, rather than seeing it as a cash cow to be dismantled for a quick return. I’m optimistic that could happen.

At the same time, I’ve been around this business long enough to recognize that the most successful papers are those that are run by people in their communities. � e further the leadership is from the community, the less successful the papers tend to be.

When newspapers get bought up by large corporations with no historical tie to the industry, it’s obviously a concern that they are being purchased simply as a com-modity, with no thought to the responsibili-ties that come with newspaper ownership.

What does this have to do with the free newspaper industry?

� ere are several ways free papers can take advantage of the atmosphere created by unrest in larger papers in their areas. First, I’m a fi rm believer that what hurts one paper hurts all of us. We’re all better off if our large, visible newspapers are healthy and growing. It presents advertisers with a negative view of print advertising in general when our large brethren are making moves that cause the world to see newspapers as a “dying industry.”

But like the publishers I met in Michi-gan, free papers can benefi t by aggressively seeking advertisers in these same areas. Let’s face it, the home builders group in Michigan hosted the meeting in Kalamazoo because they feel like they’ve lost their most precious method of advertising, daily news-papers. While the drop in home delivery can be catastrophic in a metro paper, area community papers can pick up the slack.

It’s also the case that, in communities served by metro papers who have decreased home distribution, readers are looking for solid local news. One of the themes I heard time and again in Kalamazoo was that rein-vented newspaper had cut their news staff to the point that there wasn’t much real news in it. Community papers can provide the news that readers are looking for.

If I were to wish, I’d wish that other metro papers would invest and improve in ways that the folks in Orange County are fi nding profi table. But in places where that is not the case, I would suggest that free papers can use this opportunity to improve their presence in their communities and off er advertisers the resources they are searching for.

CHANGESand how they affect free papers


On the Road With FCPNY

Steve Harrison, Genesee Valley Penny Saver, with

his wife, Kathy, and their granddaughter, Mia, in

Lancaster, Pa., for a family visit, September 2013.

Tom Cuskey, Director of Sales & Training at FCPNY, with his wife, Angela, at Pine Point, Maine, August 2013.

Denton Publications’ booth at the successful

Chamber of Commerce Business Expo, June 2013.

Karen Sawicz, Lake Country Pennysaver,

with Bill, her son; Jake, her grandson;

and Gwen, her mother—yes, that’s four

generations—at a 6K walk/run in

Kankakee, Ill., September 2013.

Seth Harris (left) and Howard Kaplan (right), Marketplace Today, on a cruise down the intercoastal in Boca Raton, Fla., April 26, 2013, over a (rare) long-weekend getaway.

The women of The Daily News/Drummer Pennysaver at the annual Pink Hatters’ Night

Out, a dinner fund-raiser honoring breast cancer survivors, October 2012.

Standing left to right: Becky Nichols, legal clerk; Cathy Carli, survivor; Ann MacGregor, ad sales rep; Donna Elliott, business office

manager. Seated: Sheila Mitchell, ad director; Bridget Gass, ad sales rep; Patrice

Haight, accounts payable and survivor; Denise Martin, ad sales rep.

Frank Rich, Chase Media Group, reading his children’s book, If I Were a House, at the mall in Jef-

ferson Valley, N.Y., August 2013. Lots of children gathered around and read along with him.

Kristi Morseman, The Hi-Lites and Seneca County Area Shopper, hanging out in The Bog at the Cheez-It 355 after winning a window decorating contest—to promote

NASCAR weekend August 8-11, 2013—from Watkins Glen Chamber of Commerce and Watkins Glen International.


PaperChain Updatefree coMMunIty paper

Month a Great successa summary From the committee chair

Switching Free Community Paper Month to the month of July for the first time this year and replacing Free Paper Week, which had been held during the month of March, has generated a great deal of new excitement.

The committee held a contest during the month of July for readers and member papers. Throughout the nation, our community papers and readers were able to learn about the vibrancy of our industry, and had a chance to win a $500 gift certificate to a local merchant from their immediate area.

In addition to the contest for readers, the member papers were asked to publish a Free Community Paper Month advertisement during the month of July and submit a tearsheet to the committee for their chance to win up to $2,000 in advertising reimbursement. This encouraged our members to roll the dice and really make a splash with the Free Community Paper Month promotion. Many publishers really thought outside the box and were very creative with their promotional activity.

As a result, the 2013 contest brought in 1,702 reader entries to the website, and 64 PaperChain members submitted tearsheets for entry into the con-test. Clearly, every free community paper that participated was a winner.

By chance—and this was a computer-generated random pick—both winners were from the great state of Wisconsin. Laura Shepard, an avid reader of the Advertiser Community News in Seymour, Wis., who reads about everything happening in her small town, was the winner of $500 from PaperChain. Also a winner of $500 was the Advertiser Community News, Laura’s favorite free community paper.

Our member winner, who won the full $2,000 reimbursement for running ads valued at more than this amount, was The Great Dane Shopping News from Verona, Wis. Woodward Community Media Group Publisher Steve Fisher states, “We are very happy to receive this prize! The marketing and promotional support provided by PaperChain is key to helping each indi-vidual member keep the value of our products top of mind to our readers, advertisers and employees. Kudos to PaperChain.”

Committee members would like to thank everyone who participated, and ask that you look for an even bigger and better Free Community Paper Month in July 2014. We encourage you to lend your support and ideas to our committee. We hear a lot these days about how great other mediums are, and we also hear about the mediums that are not doing so well. If we don’t tell our story with enthusiasm, no one will. So spread the word, lift your voices and let’s make sure to pave the way for future successes.

Sincerely,Scarlette Merfeld, Chair

“Still, the Globe didn’t lose all of its value at once. In 2010, when entrepreneur Aaron Kushner came calling only to be turned away by Times Co. management, a sale would likely have fetched $120 million in the view of media appraiser Kevin Kamen. By February of this year, he’d adjusted his estimate down to $63 million, just $7 million off the actual price Henry paid. (Kamen was similarly on target in guessing how much Tribune Co. would sell Newsday for; Cablevision CVC +5.2% paid $650 million for it in 2008.)”

— Jeff Bercovici, Forbes Magazine, Aug. 3, 2013

Getting it right matters!Considering selling your publication? You should have your

title nancially valued correctly and listed for sale. Call or come visit Kamen & Co. at our New York of ce on Long Island and

select the proven experts at Kamen Group to assist you.

[email protected] www.kamengroup.com

KAMEN & CO. GROUP SERVICESNY (516) 379-2797 • FL (727) 786-5930 • FAX (516) 379-3812

626 RXR Plaza, Uniondale, NY 11556

Who can you call for accurate information?

When Forbes Magazine needed a media appraiser to judge the sale of The Boston Globe to entrepreneur John Henry, who did it call?

Kevin Kamen of Kamen & Co. Group Services

committee members: Francisco RodriguezSteve HarrisonDon RushJack GuzaStephen FisherNorm WilkonsonJim HaighDan Alexander, Sr.Dan HolmesEd Coates

richner communications acquires L&M publicationsOn Aug. 8, Clifford and Stuart Richner, of Garden City, N.Y.-based Richner Communications, acquired the Bellmore Life, Merrick Life, Freeport-Baldwin Leader and Wantagh-Seaford Citizen weekly newspapers from Linda Toscano and Paul Laursen of L&M Publications. Both companies are privately held, and terms of the sale were not disclosed. Kevin Kamen, President/CEO of Uniondale, N.Y.-based Kamen & Co. Group Services, a media valuation and brokerage firm, negotiated the deal.

News


By Patronizing Our Associate Members...

AdMall/Sales Development Services Inc. Virtual sales assistant for media advertising. Denise Gibson 600 N. Cleveland Ave., Suite 260 Westerville, OH 43082 Phone: 304-863-6748 Fax: 800-548-4223 [email protected] www.admall.com ANOCOIL Corp. The largest independent manufacturer of plates in North America. A pioneer in the development and manufacture of digital and analog printing plates for the news-paper and commercial printing markets. Jay Faulkner 60 E. Main St. P.O. Box 1318 Rockville, CT 06066-1318 Phone: 860-871-1200 [email protected] www.anocoil.com Barrett Concepts Provides an array of web services and consulting. Brad Barrett 138 Palm Coast Pkwy., Suite 187 Palm Coast, FL 32137 Phone: 888-567-9483 [email protected] www.barrettconcepts.com Bartash Printing, Inc. Printer of weekly newspapers, direct mail shoppers and niche publications such as real estate, auto, parenting, boating and more. Eric Roberts 5400 Grays Ave. Philadelphia, PA 19143 Phone: 215-724-1700 Fax: 215-724-3313 [email protected] www.bartash.com Circulation Verification Council (CVC) Circulation audits and readership studies. Tim Bingaman 338 S. Kirkwood Rd., Suite 102 St. Louis, MO 63122 Phone: 800-262-6392

Fax: 314-822-0666 [email protected] www.cvcaudit.com CoolerAds.com Offering Web solutions for community papers. Joe Nicastro 5 Vista Dr. Flanders, NJ 07836 Phone: 973-809-4784 Fax: 240-332-7489 [email protected] www.coolerads.net Cribb Greene Specializing in brokering, shopper businesses, consulting and appraisals. John Cribb 104 E. Main St., Suite 402 Bozeman, MT 59715 Phone: 406-586-6621 [email protected] www.cribb.com Independent Free Papers of America (IFPA) Community newspaper association of member publications with independent owners. Gary Rudy, Executive Director 107 Hemlock Dr. Rio Grande, NJ 08242 Phone: 800-441-4372 Fax: 609-889-8359 [email protected] www.ifpa.com JB Multimedia, Inc. Displays publications online with an interactive digital edition. Robert Durso P.O. Box 704 N. Bellmore, NY 11710 Phone/Fax: 888-592-3212 [email protected] www.jbmultimedia.net JS Consulting & Productions, LLC Full-service marketing communications agency: internet marketing, social media strategy and implementation, digital sales training, website design and development, and management and systems consulting. Joe Stabb

230 Main St., 2nd floor Oneida, NY 13421 Phone: 315-254-2427 [email protected] Kamen & Co. Group Services Free distribution newspaper, shopper and magazine appraisers, and broker and management consultants. Kevin B. Kamen 626 RXR Plaza, West Tower, 6th floor Uniondale, NY 11556 Phone: 516-379-2797 Phone FL Office: 727-786-5930 [email protected] www.kamengroup.com MediaBids.com Mediabids’ free, online tools allow publications to sell ads in print and digital editions to businesses across the U.S. Additionally, newspapers can run custom-sized ads from national, direct-response advertisers and get paid for each call the ads generate. June Peterson 448 Main St. Winsted, CT 06098 Phone: 860-379-9602 Fax: 860-379-9617 [email protected] www.mediabids.com Metro Creative Graphics, Inc. The largest and most comprehensive ad-building, revenue-generating, art and advertising service. Available online at MetroCreativeConnection.com Gwen Tomaselli 519 Eighth Ave. New York, NY 10018 Phone: 800-223-1600 Fax: 212-967-4602 [email protected] www.metrocreativegraphics.com MSG Payment Systems Comprehensive menu of payment systems, including credit and debit card processing; eCommerce; recurring payments; ACH/e-Check processing; mobile payments; payroll; Customer Information Manager; and more. Paul Huntley 10555 New York Ave., Suite 101 Urbandale, IA 50322 Phone: 888-697-8831

Fax: 515-334-7461 [email protected] www.msgpay.com MultiAd Providing virtually everything needed to create and sell retail, classified and co-op advertising. The industry’s largest selection of art, ads, photographs and more. Mary Armstrong 1720 West Detweiller Dr. Peoria, IL 61615 Phone: 800-245-9278, ext. 5324 Fax: 309-690-5989 [email protected] www.multiad.com North American Precis Syndicate, Inc. (NAPS) Nationwide distributor of free, non-copyrighted features (health and fitness, home improvement, car care, bridal, holidays, etc.) to newspaper editors. Gary Lipton 415 Madison Ave., 12th floor New York, NY 10017 Phone: 212-309-0107 Fax: 800-440-4329 [email protected] www.napsnet.com Penny Lane Promotional Products An advertising specialty service with over 300,000 products available to display your company logo, including brand-name clothing embroidered or screened. Barb or Jamie 1471 Rt. 15 Avon, NY 14414 Phone: 800-836-3652 www.plpp.info Printing & Promotional Solutions (PPS) Promotional products, print, signage, apparel and packaging. Todd Ruetsch 2320 Milton Ave., Suite 205 Syracuse, NY 13209 Phone: 315-474-1110 Fax: 315-474-1127 [email protected] www.ppspros.com


...We Say Thank You for Their Support

Saturation Mailers Coalition (SMC) SMC represents saturation mailers—including free papers, shared mailers, and coupon envelope mailers—that share a common interest in maintaining fair and reasonable postal rates and regulations. Donna Hanbery 33 South 6th St., Suite 4160 Minneapolis, MN 55402 Phone: 612-340-9350 Fax: 612-340-9446 [email protected] Scoopkit Scoopkit provides tablet applications for free press newspapers and media companies— in both Apple and Android markets—free of charge to newspapers, shoppers, magazines, etc., as part of its partnerships; gives newspaper publishers a way to distribute content worldwide via an iPad application; and allow

publishers to electronically optimize each print edition so it functions properly on an iPad screen. Charlie Pankey 2895 San Juan Circle Minder, NV 89423 Phone: 775-392-1289 [email protected] www.scoopkit.com Software Consulting Services, LLC A 30-year-old plus systems integrator that serves the newspaper business worldwide. Offers newspaper systems for the following prepress areas: ad order entry and accounting, ad dummying and pagination, production and workflow management, editorial and much more. Specializes in software development, systems engineering and integration, technical support and training. Phil Curtolo 630 Municipal Dr., Suite 420

Nazareth, PA 18064 Phone: 610-746-7700 Fax: 610-746-7900 [email protected] www.newspapersystems.com Standard Rate & Data Service (SRDS) Connects publishers with media decision makers all day, everyday. SRDS.com has powerful functionality to help buyers select markets and newspapers in which to place their advertising dollars. Trish Delaurier 1700 Higgins Rd. DesPlaines, IL 60018 Phone: 386-760-1035 Fax: 847-375-5374 [email protected] www.srds.com

Trumbull Printing A full-service commercial printer with complete prepress, binding, mailing, inserting and shipping capabilities. Specializing in news-papers, publications, shoppers, catalogs, magazines, directories, coupon books, college course catalogs, business and financial periodicals, free-standing inserts and advertising supplements. Contact us for a free quote. Gustave C. Semon 205 Spring Hill Rd. Trumbull, CT 06611 Phone: 203-261-2548 Fax: 203-261-8310 [email protected] www.trumbullprinting.com

Board of DirectorsFCPNY is one of the oldest and largest state organizations of free circulation papers. Over the past several years, we have grown to be one of the most active. The members of our board of directors have donated countless hours to our association, and we take this opportunity to say “thank you” to:

Richard SnyderSnyder Communications,

Norwich

John RozeskiRW Publications,

Orchard Park

Christine KennedyWarsaw Penny Saver,

Warsaw; Perry Shopper, Perry

Denny GuastaferroMetro Group, Inc.

Buffalo

Steve HarrisonGenesee Valley

Publications, Avon

Cheryl TearsThe Merchandiser,

Clifton Springs

Jeff LambertNeighbor Newspapers,

Farmingdale

cPan directors

* Also officers and directors of CPAN

PRESIDENTRandy Shepard*

County Shopper, Delhi

Dan AlexanderDenton Publications,

Elizabethtown

TREASURERKaren Sawicz*Lake Country

Pennysaver, Albion

Mark CoyleFredonia Pennysaver,

Fredonia

Carla ChaseYorktown Pennysaver,

Yorktown Heights

1ST VICE PRESIDENTDavid Grayson*

LeRoy Pennysaver, LeRoy

2ND VICE PRESIDENTBridgette Stewart*

The Hi-Lites,Watkins Glen

101Each quarter, this special section features articles written by your fellow FCPNY sales managers and publishers, as well as relevant items of interest from sales trainers, authors and contributors. We expect that you will find these articles informative and timely, and we encourage you to share them with your sales staff when you feel it is appropriate. If you are a sales manager and would like to be involved with the FCPNY Sales Management Division Board, or if there is a particular topic that you would like to see addressed in future editions, please email your request to Tom Cuskey at [email protected].

Scarlette MerfeldDenton Publications1st VIce presIdent

Gary Hill Lake Country PennysaverpresIdent

Kristine MorsemanThe Hi-Lites/SenecaCounty Area Shopper

Kim PasierbMetro Group, Inc.

Meg BourdetteRW Publications

“As crazy as it sounds, losing a sale can be good for business,” Gerald told me. “It offers a unique chance to build rapport over a long period of time. And when they conduct another advertising review, I’ll be in a better position than before.”

To put it simply, a sales presentation has three possible outcomes: 1) yes; 2) no; or 3) not yet. The good news—for Gerald and other optimistic salespeople—is that “no” can be interpreted as “not yet” instead of “never.” This means there is hope for a future sale, even when the last attempt wasn’t successful. Rapport is a huge element in turning today’s “not yet” into next month’s or next year’s “yes.”

“Selling advertising is all about relationships,” he said. “When there’s not good rapport, even an existing advertiser will find it easier to drop out of the paper if there’s a bump in the road ahead.”

Dale Carnegie wrote, “If you have a lemon, make a lemonade.” With those words in mind, here are some tips to strengthen rapport after a lost sale:

Step 1: Thank sincerely. Gerald’s strategy is to thank a prospect immediately after a presentation. And if they decide not to buy, he thanks them again … with a handwritten note or an email.

“Unless it is a rare circumstance, I drop the must-buy-from-me persona. Some salespeople say, ‘Thank you, and by the way, you should reconsider this list of selling points,’ but I disagree. That not-so-subtle message is, ‘You made a bad decision, and here’s your chance to correct it.’ That’s no way to build rapport. I simply thank them for their consideration,

wish them success and tell them that I am looking forward to staying in touch.”

Step 2: Keep in touch on a regular basis. “Okay, now that I’ve told them I’m going to stay in touch, I actually stay in touch,” Gerald explained. “Top-of-mind awareness is just as important in selling as it is in advertising. People like to do business with people they know.”

Because Gerald is genuinely interested in people, it is easy to learn about their interests. He sends occasional links to articles about favorite teams and hobbies. And he makes sure to chat with them at various networking events around town.

Step 3: Monitor the advertising. “Because I want another shot at their business in the future, I follow their marketing,” Gerald said. “At some point along the way, they may ask for feedback on a particular aspect of their ads. The faster I respond, the better my chances of being heard. That’s an open door to another sales presentation … and maybe a bigger sale than I would have made if they had said ‘yes’ the first time. The difference is that now we know each other pretty well.”

Gerald has found another benefit: “I’ve gotten some unexpected referrals,” he said. “People not only like to buy from people they know; they like to refer friends to people they know.”

© 2013 by John Foust. All rights reserved.John Foust has conducted training programs for thousands of newspaper advertising professionals. Many ad departments are using his training videos to save time and get quick results from in-house training. Email for information: [email protected].

How Losing a Sale Can Be Good for BusinessBy John Foust, Raleigh, NC

SALES 101 presented by your FCPNY Sales Management Division


it’s a privilege to announce that Kristine (Kristi) morseman and Kim Pasierb have joined the board of directors of FcPny’s sales management division.

Kristi is manager of sales and special pro-motions at The Hi-Lites in Watkins Glen and Seneca County Area Shopper in Ovid, and just celebrated her one-year anniversary with the

papers. While her previous experience is in education and human services, her community mindedness and commitment to small business made her the best candidate to fill this position at these free community papers. Kim is an assistant retail sales manager at Metro Group in Buffalo, having joined the staff in January 2012. Her media career started in

1997 with sales and marketing positions with Adelphia Media Services, Buffalo Business First and Buffalo Advertising Management. Kim has been an active participant at FCPNY functions.

Both Kristi and Kim bring experience, creativity and enthusiasm to the board, and we are thrilled to have them! Please join us in welcoming them to these at-large board positions.

101SALES 101 presented by your FCPNY Sales Management Division


In the advertising and media business, we are always looking for ways to increase our ad sales volume. At our state association meetings, our idea exchanges often spark a new promotion for your publication. We consistently keep an eye on other papers to see what ideas they are trying, as well as to check on advertisers who are running with them (and not with us!) to try and find new revenue. Maybe, though, we should step back and look at our own publication history instead.

If you have an archive of old editions or promotions, take them out and dust them off. Perhaps with a small tweak or update they can be used again. Let your sales team review them and get their input on how to sell them in today’s market. In talking with folks from papers around the state, the full-color business card directories have done well, and salespeople find it a very comfort-able product to sell. Chances are your paper had used this idea in the past as an in-paper promotion, but by making it a full-color,

stand-alone product, it is often more appeal-ing to the advertiser. Break the cycle. We all have regular promo-tions we do at recurring times of the year, and it is easy to fall into the “this is what we sell next” routine. Your advertisers are looking for something new, so take an old promotion and update it. Involve your entire sales team in brainstorming. New people bring new ideas to the table. Maybe your next big money-maker is right under your nose … but you have to look for it!

Break the CycleBy Gary Hill, Lake Country Pennysaver

You’re increasing your sales. Your team is more productive. You get out of the office earlier to do what you love with those you love … and yet there’s something missing. You struggle to keep all the business plates spinning simultaneously. It’s exhausting to be you some days. Your family and friends ask, “Are you okay?”

The missing “something” is gratitude. Here are three ways to positively grow your business with gratitude: 1. Gratitude Focuses on the PositiveYou see what you look for. Is your default zoom set on what’s wrong with your business? That’s a source of exhaustion. Of course all of our companies have plenty of room for improvement. Systems and strategies can at least be tweaked for greater efficiency. Yet if that’s all you see when you look at your business, you completely miss what’s work-ing positively. Ask yourself, “What have we done that’s producing positive results and what can we celebrate because it grew profits?” Focus on this positive aspect. And be grateful. Allow yourself to experience happiness, joy and even elation at your remarkable accom-plishment. Write it down in your “gratitude

diary” so you read and relive it later. Such gratitude that focuses on achievement instead of absence—that sees what you have done instead of what needs to be done—creates a work-positive attitude that is your jet fuel to stratospheric future results. 2. Gratitude Finds Positive PeopleInevitably, as you focus on the positive at work, you recall that these most excellent outcomes were done by people. These people constitute your work-positive dream team. Every extraordinary goal met involves ordi-nary people who went the extra mile when others quit. At work, instead of worrying about how to please the negative people—a.k.a, Eeyore Vampires—be grateful for the dream-team people. They could work anywhere. They could do business with your competitors. And yet they chose you. Then go one step further. Express your gratitude to them in very specific ways, remarking on their positive qualities that contributed directly to the growth of the company. 3. Gratitude Finishes Positive ActionsOnce your gratitude focuses you on positive results and finds positive people, you’ll find your energy level turbocharged, your atten-tion riveted and your time more productive.

Those unfinished to-do list items previously surrounded by roadblocks, like fear of failure, are done; and you’re moving forward with ease. How? Gratitude redefined your reality. You now focus on positive results and know that if you did it then, you can do it now. What you have done and what you do have are your default zoom settings. You now find positive people who contributed to those positive results. You discover that these ideal customers send their friends to do business with you because they know you will ap-preciate them. Instead of, “Are you okay?” your family and friends will say, “You look great! What’s going on?” Your newfound gratitude propels your business upward on a profitability tra-jectory for which you say, “Thank you!” as you work positive and achieve your business dreams. Dr. Joey Faucette is the #1 Amazon best-selling author of Work Positive in a Negative World (Entrepreneur Press), Work Positive coach and speaker who helps business professionals increase sales with greater productivity so they leave the office earlier to do what they love with those they love. Discover more at www.ListentoLife.org.

Three Ways to Positively Grow Your Business With GratitudeBy Dr. Joey Faucette

101SALES 101 presented by your FCPNY Sales Management Division


Whatever It IsHow badly do you want it? Whatever it is, how badly do you want it? Most of us want something, but if we really wanted it, nothing could stop us from having it. As I have men-tioned before, you gotta really, really, wanna, wanna if you are going to get what you want.

Note ThisRadio broadcaster and motivational guru Earl Nightingale told the story of a woman who had a party in her home. She had a popular female pianist play for her guests, and when the party was over, she told the pianist that she would give anything to play like her. The pianist replied, “I don’t want to be rude, but no, you wouldn’t; because if you really wanted to play like me, you would practice eight hours a day for 20 years.”

Are You Willing?Many salespeople want to take home a larger paycheck, and the truth is that most sales-people could bring home as much money as they wanted if they were willing to do what it takes to earn the extra money.

Non-Stop FishingSeveral years back, I went fishing with my oldest son, Joe IV, in Canada. We fished with a guide from 7:00 a.m. until 5:00 p.m. After dinner, we could then opt to take the boat out ourselves until dark. Naturally, we chose to do so. We fished obsessively for three days.

Fill In the BlanksPrior to our trip, my son Joe showed me his trophy room where there was a blank spot on the wall. He had visions of putting a large northern pike in that spot. I thought it a bit presumptuous, but I did not comment further (best not to put a damper on someone else’s dreams).

One More ChanceAfter three long days of fishing, I figured the space on Joe’s wall was going to remain empty. On our last night in paradise, Joe decided to

take one more opportunity to get that pike. Although we calculated that we made over 3,000 casts during our time there, we caught many fish but not the big one Joe was hoping for.

The Last CastJoe and I, along with our friend, Bob Dabney, went out fishing one last time; and we fished for three more hours. It was getting dark,

and although Bob and I were suffering from fishing fatigue, Joe wanted to continue fish-ing. Finally, I told Joe there was time for one more cast, and then it was time to go. When he threw his line into the water and it hooked onto something, I thought he had snagged a log, but the log began to move.

Have the Net ReadyFifteen minutes later, he had the monster fish close to the boat, and he yelled for me to get the net in place. I had forgotten to bring the net, so we called out to another boat nearby, and they gave us the only net they had—one with a hole in it.

A BlurJoe reeled in the fish to the boat, and when Bob reached with the damaged net, he knocked the lure from the fish’s mouth. What happened next was a blur. My son leaped into the water, still clinging to the side of the boat with one arm while wrapping the other arm around the fish. He hurled the fish into Bob’s arms, and it looked as though Bob was wrestling a four-foot alligator. The northern’s jaws were snapping, but Bob was determined to hold on.

Into the Cold WaterJoe pulled himself back into the boat and was proud to hold up his 41-inch, 17-pound northern pike. The fish now fills the promi-nent position on his trophy wall. He set the goal and did not give up until he achieved it—even to the point of jumping into the cold Canadian lake water.

What Are the Lessons To Be Learned From Joe’s Experience?1. Know what you want to accomplish before you begin2. Visualize the goal 3. Try, try and try again4. Do not give up when you think that there is no hope or time left on the clock5. Go the extra mile to make it happen (jump in the water if necessary)6. Display your success for all to see

It Is Easy to QuitWhat is it that you really, really, wanna, wanna do today, this week, this month, this year? Decide what it is, and begin casting your line immediately. Remember not to give up, even when giving up is the easiest thing to do.

Make it an awesome day … catch something!

Joe Bonura is the author of the new #1 bestseller on Amazon’s Kindle, “Throw the Rabbit and get that Job in 30 days or Less.” Check it out at www.throwtherabbitandgetthatjob.com and get seven FREE videos.

Something FishyBy Joe Bonura, CSP


by Mara B. Ginsberg, Esq. Principal, Hinman Straub, PCLegislative Update

New York State held primary elections on Sept. 10. While there were no statewide races being contested, there were a number of high-profile local races on the ballot. In the NYC Democratic mayoral

primary race, candidate Bill de Blasio appeared to garner 40% of the vote; with 40% or more of the vote, there is no requirement for a runoff. As the candidate with the second highest number of votes (26%), Bill Thompson, the former NYC comptroller, had vowed to have every vote counted and hoped to engage in a runoff. Under intense pressure from fellow Democrats, on Monday, Sept 16, Thompson conceded. The NYC mayoral race will now be between Bill de Blasio and Republican candidate Joe Lhota, former deputy mayor for Rudy Giuliani. Joe Lhota won the Republican primary with 53% of the vote.

In cities around New York State, the following mayoral results are of interest:

Buffalo mayorIn the Democratic race for mayor, incumbent Byron Brown easily defeated retired FBI Agent Bernard Tolbert, winning 68% of the vote. Brown, who is running for a third term, will face Republican Sergio Rodriguez in November.

rochester mayorIn a big upset, Rochester City Council President Lovely Warren defeated incumbent Mayor Thomas Richards in the Democratic primary, winning 58% of votes. Richards will be on the Independence and Working Families ballot lines in November, but it is not clear whether he intends to actively campaign for the office. syracuse mayorThe Democratic race for mayor included incumbent Stephanie Miner, City Councilor Patrick Hogan and businessman Alfonso Davis. Miner won with 54% of the votes. As of this writing, the Republican Party is not fielding a candidate in the November election. albany mayor The Democratic race for mayor included City Trea-surer Kathy Sheehan and Corey Ellis, a former city councilman. Sheehan won the primary with 68% of the vote, becoming the leading candidate for Albany’s first female mayor.

There were special elections for the New York State Assembly. In Brooklyn’s 53rd Assembly District, Maritza Davila won the race to replace Vito Lopez, who resigned from the Assembly earlier this year. In the Bronx’s 86th Assembly District, no winner has been declared in the race to replace Nelson Castro. As of this writing, Victor Pichardo holds a 22-vote lead over Hector Ramirez.

In other NYS legislative news, the Senate will likely be down by at least one seat come the start of the 2014 legislative session in January. Brooklyn Demo-cratic Senator Eric Adams was unopposed in his bid to become the Brooklyn borough president. Additionally, Senator Daniel Squadron, who represents lower Manhattan and Brooklyn, will have a runoff for NYC public advocate. The governor can call a special election once a legislative seat is officially empty. Then the special election takes place within roughly 70 to 80 days. That means if the governor does call a special election in early January, it won’t occur until the spring of the 2014 session. It remains to be seen how much impact one or two less elected members will have on the Senate Democratic Con-ference and the Senate at large. The Republicans and the Independent Democratic Conference had worked out a leadership arrangement last session, so perhaps reduced Senate Democratic Conference numbers may not impact that balance of power. However, this is Albany, and sometimes unantici-pated events change the power structure.

All the above being said, for FCPNY, any bills that were “live” last session are still live for the upcom-ing second year of a two-year legislative cycle; and we’ll need to be vigilant to prevent bills from passing that negatively impact the industry.

We’ll know more by January about the dynamics of the Legislature for the 2014 session. Suffice it to say that it will be interesting!

FCPNY is not liable for errors appearing in advertisements beyond the cost of the space occupied by the error, and notification must be made in writing within 10 days of publishing. The right is reserved by FCPNY to edit, reject or cut any copy without notice.

NO CASH REFUNDS.

The opinions of the individual contributors or correspon-dents do not necessarily reflect those of the publication or its management.

FCPNY may include material produced under copyrighted or syndicated ad service. Permission of the publisher must be obtained before copying any of the material from any issue of the FCPNY Newsletter.

– neWsLetter –Published for the benefit of our members.

Volume 36 Number 4 • Autumn 2013

FREE COMMUNITY PAPERS OF NEW YORK

publisher/executive directorDan [email protected]

presidentRandy Shepard

advertising, editorial & productionfcpnypo Box 11279, syracuse, ny 13218toll free: 877-275-2726, fax: 315-472-5919www.fcpny.com

Graphic design & LayoutManaging editorDeedee [email protected]

ad salesTom [email protected]


by Joseph J. Steflik, Jr., Esq. Coughlin & Gerhart, LLPLegalese

social media Policies. Most employers now have a social media policy as part of their employee handbook. However, evolving and often contradictory opinions by administrative agencies—including the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC)—require constant review. The NLRB

has held that an employer cannot implement a social media work rule that “would reasonably tend to chill employees in the exercise of their rights.” Thus, a rule will be unlawful if it explicitly restricts protected activities or upon a showing that employees could reasonably construe that it would prohibit such activity, the rule was promulgated in response to union activity, or the rule has been applied to restrict the exercise of protected rights. The EEOC requires any social media policy to specifically prohibit discriminatory comments that are “inappropri-ate” or “offensive.” To avoid the conflict and maintain a valid policy, an employer should include the following language: “Nothing in the Company’s social media policy is designed to interfere with, restrain or prevent employee communications regarding wages, hours, or other terms and conditions of employment; employees have the right to engage in or refrain from such activities.”

supervisory authority. The U.S. Supreme Court, in Vance v. Ball State University (2013), addressed the issue of who is a supervisor to determine hostile work environment liability. A supervisor, for purposes of such liability, is an employee who is authorized to take tangible employment actions which “effect a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a signifi-cant change in benefits.” The employer, with regard to supervisory status, may have conflicting interests. It may want an employee to be a supervisor so that the employee may not join a union or possibly be exempt from overtime under the Fair Labor Standards Act (FLSA). It may not want an employee to be a supervisor for purposes of discrimination liability. Therefore, the employer should first determine if it desires the individual to be a supervisor. Then, it should draft the job description to conform to the definitions established by the court decision and the NLRB.

Personal liability. The U.S. Second Circuit Court of Appeals (which covers New York State), in Irizarry v. Catsimatidis (2013), recently issued an unsettling decision when it held the owner, president and chief executive officer of a supermarket chain personally liable for

poLIcIes, JoB descrIptIons, personaL LIaBILIty and deBt coLLectIon

the company’s FLSA violation. Despite the fact that the owner was neither responsible for any of the FLSA violations nor directly managed any employee, he was held liable because he exercised “functional control” due to his power to hire and fire and maintain “overall financial control,” as well as his ability to make decisions which affected the “bottom line” of the chain and individual stores. Courts and administrative agencies are seemingly more willing to hold executives personally liable. Owners and executives must take appropriate steps to insure subordinates comply with all FLSA regulations. In addition, it would seem prudent to obtain available employment practice and tort liability insurance.

Proposed rules for debt collectors. The New York State Department of Financial Services has proposed regulations to curb alleged abuse by debt collectors. These regulations would require verification of all disputed claims, notification to consumers when the statute of limitations has expired, confirmation of all settlement agreements in writing, and authorization by con-sumers to receive all communications by email. Federal law already prohibits collectors from using or threatening violence, using obscenities and repetitive phone calls.

alert #1. I have received numerous questions concerning the use of e-ciga-rettes in the workplace. While it would appear their use would be covered by a nonsmoking policy, it would seem prudent to amend the policy to specifically include a prohibition against e-cigarettes. The U.S. Food and Drug Administra-tion, under authority given in 2009, is considering extending its coverage to e-cigarettes.

alert #2. The Employer Shared Responsibility provisions of the Affordable Care Act were recently postponed until 2015. However, the mandate for indi-viduals and their dependents is still going into effect on Jan. 1, 2014. This rule mandates that all individuals and their dependents must either have health care coverage, qualify as exempt or pay a penalty. In preparation for this mandate, on Oct. 1, 2013, the state and federal health insurance marketplaces will officially open to allow individuals and businesses to shop for health in-surance plans. The U.S. Department of Labor (USDOL) is asking all employers, regardless of size, to furnish each employee with a written notice of health insurance options by Oct. 1, 2013. However, there is no penalty for a failure to provide this notice. Employees hired after that date should be provided with the notice within 14 days of their hire. Small businesses with less than 50 employees do not have to provide health insurance, and businesses with more than 50 employees now have until 2015 to provide coverage or face penalties.

Questions? one of the member benefits of FcPny is a program where members can contact Joe at 607-723-9511 to discuss labor or employ-ment issues. interested in the details? contact dan in the FcPny office at 877-275-2726.


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* To qualify, advertiser must not have run in the CPAN classified ad network in the last six months prior to ad run. To qualify for multiple week incentives, ads must be placed by the same new advertiser for consecutive run weeks. Copy changes are acceptable. However, a break in run weeks by your advertiser will disqualify you from continuing to collect an incentive payment for selling ads to the advertiser. EXPIRES 12/31/2013

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