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John Murphy...

Re: Amicus Curiae

Kohoutek said:
Oh my....wrong again ...on several counts. Oh well, you don't seem to care about spreading misinformation here, so...what's the point?

What Misinformation? Rick Dollinger was her lawyer, you denying that? The case went before an arbitrator who ruled against her attempts to break the no-compete clause she had in her contract at Channel 8; are you denying that as well? If you don’t believe me then go back and read one of Scott Fybush’s columns.

[EDIT-inflammatory]
 
Even though I use a moniker, I'd side with Mark on this one.

Ten months is "closer to a year" and he did preface his comments with "if I remember correctly," which gives a person a bit of flexibility. In other words, it was an estimate and in this case, it was off by only two months.

It could have been that Ch 8 rescinded the remaining two months of Rachel Barnhart's non-compete in exchange for compensation (as a buy out of the remainder of her non-compete) or because they felt ten months was a sufficient amount of time for her persona to fall from top of mind awareness.

[EDIT-response to inflammatory remark]
-9-​
 
Element9 said:
Even though I use a moniker, I'd side with Mark on this one.

Ten months is "closer to a year" and he did preface his comments with "if I remember correctly," which gives a person a bit of flexibility. In other words, it was an estimate and in this case, it was off by only two months.

It could have been that Ch 8 rescinded the remaining two months of Rachel Barnhart's non-compete in exchange for compensation (as a buy out of the remainder of her non-compete) or because they felt ten months was a sufficient amount of time for her persona to fall from top of mind awareness.

[EDIT-response to inflammatory remark]
-9-​

Hmmm...where do we begin?
Well, let's start with Mark's original comment that "if memory serves me correct(ly) Rachel...had to wait for OVER (emphasis mine) a year before she was allowed to appear on-air at Ch.13"
I merely pointed out that she was on the air LESS than a year after she parted ways with Channel 8. ("closer to a year" doesn't enter into the equation because that's not what he said). Because the term of her non-compete was for one year, it's a distinction that, if not important, is at least more than trivial.
Moreover, because Mark seems to be so so quick to criticize mistakes he catches newscasters making while bemoaning the lack of accuracy in modern day reporting, I have to wonder how accurate he was in his own 30+ year career in news (which he so often reminds us of).
Put another way, would you have broadcast such a (inaccurate) statement, and then gotten so huffy with a listener who called you on it?
The same point could be made about your reply posts where you state "an arbitrator ruled against Rachel which would have allowed her to appear on 13 shortly after leaving 8"...and then later when you state (again, obviously without knowledge) that "...the case went before an arbitrator who ruled against her in the no compete clause...are you denying that as well?"

I'm not "denying" it per say, Mark. Or maybe I am. Let's just say (as long as you asked) that once again you're making suppositions rife with factual problems.
To Wit:
1.) She didn't even go before an arbitrator until September. This was some 9 mos. after leaving Ch.8. So I don't know how you can say that if she'd had a more favorable ruling she would have been allowed on air "shortly" after leaving 8
2.) The terms of her settlement were sealed and because of that she won't even disclose to her closest friends the specifics of it. So how do you know if the arbitrator ruled "against" her, or even what they ruled?? ..and why would you then pontificate on something you wouldn't know about? I mean, you obviously don't because of your misstatements. Here again, I gotta wonder: were you that sloppy when you disseminated information over the airwaves for a living?
3.) (and this is probably the most important) If anyone ruled "against" Rachel, it would have been State Supreme Court Justice Kenneth Fisher. He, after all, was the one who early on in this whole fracus kicked the case to arbitration, leading to the prolonged legal battle. (the outcome of which--again--you wouldn't know about) Perhaps you were confused, or your memory was foggy...but there's an important difference between a seated judge and an out of court arbitrator. (I needn't explain that one,..right?)

Again, you're always the first to moan about sloppy reporting or innacuurate statements you hear on TV or radio, ...but you just make so many yourself on these boards!

[EDIT-response to inflammatory remark]
 
Here was my original post on the subject of non-compete clauses.

"I join the chorus in the belief that non-compete clauses are unfair, especially when an employee’s contract is not renewed by their current employer. I’m not a lawyer, but in my opinion if say Channel X didn’t want a certain person to remain on the payroll, and that person’s contract has expired, then that person has the right to seek gainful employment, even if it means going to a competitive station."

Then I mentioned Rachel Barnhart and the unfair treatment she received at Channel 8 after years of dedicated service and also, what I believe to be, a constant display of fine journalist standards.

[EDIT-disruptive]
 
Mark_Giardina said:
Here was my original post on the subject of non-compete clauses.

"I join the chorus in the belief that non-compete clauses are unfair, especially when an employee’s contract is not renewed by their current employer. I’m not a lawyer, but in my opinion if say Channel X didn’t want a certain person to remain on the payroll, and that person’s contract has expired, then that person has the right to seek gainful employment, even if it means going to a competitive station."

Then I mentioned Rachel Barnhart and the unfair treatment she received at Channel 8 after years of dedicated service and also, what I believe to be, a constant display of fine journalist standards.

[EDIT-disruptive]

Hi again, Mark.

Apparently the editor thought part of your earlier post (the part about me using a psudonym) was "inflammatory"
I don't share that belief...but whatever.
As well, they edited my response to your (really not so IMHO) "inflammatory" remark. My response was that I have to use a psudonym...and can't really say much more than ....just circumstances...'ya know?

I suppose then that we should probably limit our discussions to things far less controversial....like the FAIR plan..or the Driver's License thingy ;-)
 
I don't think it's the level of controversy that raised a flag to the moderator......but rather the level of vitriol that did the trick.

I, personally, welcome some controversy from time to time......it's the personal name calling that sours the conversation.

If everyone would just play nice(ly) there wouldn't be a problem.
 
Kohoutek said:
Hi again, Mark.

Apparently the editor thought part of your earlier post (the part about me using a psudonym) was "inflammatory"
I don't share that belief...but whatever.
As well, they edited my response to your (really not so IMHO) "inflammatory" remark. My response was that I have to use a psudonym...and can't really say much more than ....just circumstances...'ya know?

I suppose then that we should probably limit our discussions to things far less controversial....like the FAIR plan..or the Driver's License thingy ;-)

Well I got a nice email from management telling me to behave...so I will. And I will offer, publicly to you, an apology if I said anything that might have been offensive. My Sicilian temper does get the best of me.

With regards to Rachel, I admit that my information came from other sources, thus I could have or was in error. I still disagree with the no-compete clause and feel Rachel, who I only met twice perhaps, was truly given the shaft at Channel 8. I'm glad she is back on the air at 13. She joins a fine group of dedicated people there; a few I've known for years.

So let's put this "disagreement" aside and talk about something that really bugs me. IBOC. I don't know how you feel about that subject, but I think it's the worst thing to happen to AM radio since
the Telcom Act of 96. Do we at least agree on that?
 
Re: John Murphy?

My, we certainly have moved far afield from the "John Murphy" discussion.

Perhaps IBOC should be a separate thread.
 
Re: John Murphy?

SirRoxalot said:
My, we certainly have moved far afield from the "John Murphy" discussion.

Perhaps IBOC should be a separate thread.


Please, let's not open that can of worms again.
 
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