WYSL's Bill Nojay Wins GOP Primary for State Assembly

[Mark Giardina]

Unofficial votes had Nojay with a 75 to 25 percent lead over his challenger the Mayor of the town of Avon.

How many other radio talk show hosts or personalities have gone on to serve in political office in the community where you live?

 

[Philip_Airtime]

What I'd like to know, Mark, is whether Bill was on the air while running for the Assembly. I see his show remains listed on the WYSL schedule. If that's so, did his opponent demand equal time? I know the FCC has relaxed many of its rules. But doesn't equal time apply to state and local as well as federal elections? I do know that broadcast journalist Stefan Mychijlew gave up his TV show on Channel 2 in Buffalo when he announced for Erie County Comptroller. I'll refrain from offering further comment until his on-air status is clarified.

 

[fybush]

Having spoken to both Bill and his opponent tonight (while covering the race for a different station!), it's my understanding that equal time was offered and was declined. Bill says he's staying on the air "until the lawyers tell me I can't," so I assume equal time will be offered to the Democrat in the general-election race, if it hasn't been already. Counselor Savage, any input from the owner's box here?

 

[Element9]

Congratulations to Mr. Nojay who could be on his way to Albany to join the lawmakers he so often derides for "sucking on the public teet."

 

[Philip_Airtime]

Having spoken to both Bill and his opponent tonight (while covering the race for a different station!), it's my understanding that equal time was offered and was declined. Bill says he's staying on the air "until the lawyers tell me I can't," so I assume equal time will be offered to the Democrat in the general-election race, if it hasn't been already. Counselor Savage, any input from the owner's box here?

Thanks, Scott. Well, I guess the legal standard was met through the offer of equal time. But that doesn't make it right. You're either a candidate for public office or a talk show host. You can't be both. I remember Kevin Hardwick giving up his weekly political show on WBEN in Buffalo when he announced his candidacy for the Erie County Legislature a few years ago. Has the Rochester D&C covered this giant conflict of interest? A candidate for the State Legislature -- we're not talking dog catcher here -- has unfettered access to an hour of airtime each day? Incredible! I'm not assailing Mr. Nojay's character or his politics. And I'm sure I'll be taken to the woodshed by Mr. Savage for being critical of this. But a candidate running for office AND continuing his talk show is one broadcast ethical standard that shouldn't be breached.

 

[JustPastBuffalo]

Having spoken to both Bill and his opponent tonight (while covering the race for a different station!), it's my understanding that equal time was offered and was declined. Bill says he's staying on the air "until the lawyers tell me I can't," so I assume equal time will be offered to the Democrat in the general-election race, if it hasn't been already. Counselor Savage, any input from the owner's box here?

Thanks, Scott. Well, I guess the legal standard was met through the offer of equal time. But that doesn't make it right. You're either a candidate for public office or a talk show host. You can't be both. I remember Kevin Hardwick giving up his weekly political show on WBEN in Buffalo when he announced his candidacy for the Erie County Legislature a few years ago. Has the Rochester D&C covered this giant conflict of interest? A candidate for the State Legislature -- we're not talking dog catcher here -- has unfettered access to an hour of airtime each day? Incredible! I'm not assailing Mr. Nojay's character or his politics. And I'm sure I'll be taken to the woodshed by Mr. Savage for being critical of this. But a candidate running for office AND continuing his talk show is one broadcast ethical standard that shouldn't be breached.

Conundrum. I went through a similar experience with the late Clip Smith when he hosted a four hour midday talk show on WGR and ran for mayor of Lockport. Concerned about equal time and fairness issues, I consulted corporate counsel. We then met with Clip's opponent. Our first thought was to remove Clip from the daypart, but his opponent had no objection to Clip retaining his show through the campaign. We set and maintained ground rules: There would be no mention or discussion of the Lockport mayoral race or Lockport politics outside of hourly newscasts, which were always written and delivered objectively according to the standards of journalists.

If a bonafide Lockport news story or development arose, Clip would be permitted to talk about it but politics could not enter the discussion. If a Lockport political issue arose, another WGR talk host would take the midday slot and Clip's opponent would be given equal and like airtime with Clip within the midday show. To their credit, Clip and his opponent played by the rules, there were no major issues. Everything was documented in writing with all parties sharing copies. All shows were recorded and retained by the radio station for review. We never had a problem. Everything went by the book. My initiative to operate in a fair, ethical and transparent manner apparently worked. Clip's opponent won the election. Rule #1 for any broadcast manager: Know the rules and abide by them. And CYA.

 

[Savage]

Bill Nojay and I have thoroughly vetted this issue through Washington counsel. All FCC requirements for equal time were complied with in good faith. I reached out to former Avon Mayor Burke and offered him the hour after Nojay's on a daily basis, with full studio support so his opponent's program would enjoy the same production values and hopefully be as listenable as Bill's. Mr. Burke declined and was appreciative of our offer.

One might opine that Burke missed an opportunity by turning down the WYSL offer owing to his defeat. On the other hand Burke won Livingston County over Nojay by about 300 votes; Bill's victory came from Steuben and Monroe. One might argue that if Burke had used the hour on WYSL daily to reach those voters the outcome could have been different.

The argument that somehow WYSL's actions with regard to this issue were "unethical" is without merit.

 

[Bob1370]

Bill was perhaps lucky that his opponent did NOT demand equal exposure on the air, especially given that WYSL probably has a significant impact on that district. He may not be able to slide through the fall general election campaign so easily. I'm sure Bob Savage is prepared in case the Democratic candidate invokes the equal time rules, to do whatever's needed to make sure WYSL stays kosher with the FCC.

In fairness, when Bob Savage hired him he had no way to know Bill was going to run for office. (Bill probably didn't plan it himself, because no one knew a State Senate district would open up this year and Sean Hanna would then pass up re-election to the Assembly to run for it. The backstory on that is too complex to discuss here, it has to do with all manner of events including the same-sex marriage bill and a little accident at a suburban construction site...)

It'll be interesting to see what Bob plans for that time slot in case Bill wins and leaves WYSL to go to Albany. Who might be a candidate to fill that show? Stay tuned...

 

[Savage]

An interesting sentiment which Bill repeatedly got was, "I almost didn't vote for you, because I'm afraid if you get elected you'll stop doing the radio show."

Bill has advised me that he intends to keep doing the program whether he gets elected or not. During the current pre-election run-up of course the airtime is available to Democrat Randy Weaver on the same basis it's available to Nojay and it was available to Richard Burke. We have already extended the offer to Randy Weaver without any response from him thus far. Weaver did appear on Livingston On-Line, the PA program, prior to the GOP primary and did a very nice job, and we continue to welcome him to appear on WYSL pursuant to the well-known rules and according to his own availability.

I will add that the suggestion that somehow Nojay's show was used as a pre-election infomercial promoting his candidacy is absolutely false. He did the typical conservative talk program and to my knowledge didn't even refer to his primary race once before the election.

 

[Bob1370]

Bob Savage says, "Bill has advised me that he intends to keep doing the program whether he gets elected or not."

I'm sure Bill meant that when he said it. But he may well be greatly underestimating the demands an Assembly seat, especially covering a far-flung rural district, will put on his time. When you run for state office your time is no longer your own.

 

[Element9]

Bob Savage says, "Bill has advised me that he intends to keep doing the program whether he gets elected or not."

I'm sure Bill meant that when he said it. But he may well be greatly underestimating the demands an Assembly seat, especially covering a far-flung rural district, will put on his time. When you run for state office your time is no longer your own.

"Full time pay and benefits for a part time state job," Nojay has been known to rant about state lawmakers. Now he wants to join the club and keep his day gig.

 

[Savage]

Well, we'll just live this situation a day at a time. It is a one-hour per day show. Bill has been doing it from WYSL and all over the world including Europe, the Mideast, Far East, New York and God knows where else for over five years. When he can't do the show live he records and DropBoxes it. Let's see if he wins the General first.

Honestly I don't see the ethical issue someone cited here. If we comply with the equal time rules and Bill only does his regular show without commenting on his candidacy, what's the problem? Are you afraid we'll send backmasked tea party messages in code using the bump music?

 

[Philip_Airtime]

Honestly I don't see the ethical issue someone cited here. If we comply with the equal time rules and Bill only does his regular show without commenting on his candidacy, what's the problem? Are you afraid we'll send backmasked tea party messages in code using the bump music?

Well, it depends on who you ask. Any reputable journalism ethics group such as the Poynter Institute or the faculty of a journalism school would see a giant problem. Bill Nojay not talking about his candidacy is not enough. If his show discusses any state issues -- whether its the ethics controversy surrounding Assembly Speaker Shelly Silver or taxes or spending cuts -- there's a huge conflict because Nojay could be voting on these issues if he's elected. But of course, you would argue, counselor, that these institutions are part of the liberal elite, so their opinions don't matter in your world view. Well, even staunchly conservative FOX News wouldn't allow Newt Gingrich to remain on the air as a political commentator after he announced his plans to run for president. Why? Because there's potential for a conflict of interest. FOX did the right thing. Again, Nojay's continuing on the air may not be a violation of FCC rules because equal time was offered and declined. But it's still not right.

 

[John C]

Bob Savage says, "Bill has advised me that he intends to keep doing the program whether he gets elected or not."

I'm sure Bill meant that when he said it. But he may well be greatly underestimating the demands an Assembly seat, especially covering a far-flung rural district, will put on his time. When you run for state office your time is no longer your own.

The demands of an Assembly seat? Sit idly by while Sheldon Silver runs the show, collect $80k for a part time job and try and get re-elected. I know this is more politics than radio but let's be serious. Nothing against Mr. Nojay, I'd love to see him (or anyone) help to turn this state around but I can't see him or anyone else pulling it off in our lifetime.

 

[Savage]

Oh. The journalism schools and the Poynter Institute. I see. The august journalistic entities which have brought us MSNBC, the New York Times and Chris Matthews. Pardon me if I don't express appropriate concern over their views on "ethics."

There's another issue here other than highly theoretical - not to say imaginary - ethical concerns. How about informing the public, encouraging discussion, expressing divergent opinions, and having a robust debate on the issues? You know, those pesky First Amendment thingies for which we always hear calls for suppression when they involve people with a conservative viewpoint??

 

[Mark Giardina]

I am curious to find out if those posters who oppose Bill Nojay continuing his radio program on WYSL feel the same way about Senator Joe Robach appearing on WDKX saturday mornings?

Granted Mr. Nojay hosts an informational program while Senator Robach participates in a music formatted show. Yet if anyone watches their local cable access channels, they will note there are numerous lawmakers who appear on what can best be described as informational programming; or "an electronic town hall meeting". During these televised programs elected representatives offer their opinions on current events in Albany and promote legislation they support. And when these same incumbents first ran for office many of them railed against the status quo in Albany.

So if Bill Nojay gets elected to the state Assembly, I personally don't feel there is anything wrong with Nojay remaining on the air. Being in the "thick of things" in Albany would give Nojay a better perspective on what is going on and he could report on that during his program.

 

[The Voice of Reason]

While traveling on business or just pleasure I've often listen to Bill Nojay's program and find it very interesting and informative.

As for Nojay running for public office while still being on the air, I can understand some concerns raised about equal time. But according to what I've read on here from people in the know, Mr. Nojay did offer equal time to his opponent and that person declined the offer.

Mr. Savage is well versed in broadcast law that I'm certain if having Bill Nojay remain on the air while running for office broke any FCC rules or regulations that Mr. Savage would take the necessary steps to adhere to all legal requirements.

 

[n2wds]

I have to agree with VOR, Mr Nojay has an excellent program. There are very few honest and sincere public figures, but I consider Nojay to be an exception. Moreover, I commend Mr. Nojay on his care and well wishes for our service men and women at the end of each program. I wish him all the best on his run for office.

And Mr. Savage, I say stand firm, for you run a good ship with out all the candy coated crap other stations throw at the listener. I hate the PC nonsense that has dumbed down the sheeple of this nation.

OK, I'm off my soapbox for now.

 

[Bob1370]

I'm just wondering if Bill knows what he's getting into. True, he's used to wearing a lot of hats at the same time. While he's been doing his radio show and carrying on his law practice, until recently he was spending at least some of his time in Detroit helping Mayor Dave Bing reorganize the public transit system there, using experience over at RGRTA to help guide him...that ended when he started his Assembly campaign in earnest. But he's going to find if he wins in November, then starting New Year's Day he's going to be called on constantly to help people in his district out with problems with state government and/or state services, to show up at community functions, to help out the party in other campaigns...in short, a lot more than just the legislative routine.

Having covered a lot of Assemblymen and State Senators dating back to my time in Syracuse in the early 70s, I can say it can snowball into an overtime gig before you know it.

 

[The Voice of Reason]

With today’s technology Mr. Nojay, if elected to the state Assembly, could perform his duties in Albany and still have time to record his hour-long program.

Also remember that numerous lawmakers regularly appear on either local radio or TV talk shows or public information programs. The only difference here would be that Mr. Nojay would be the host.