Jolly Ann Davidson

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This article is part of the Tobacco portal on Sourcewatch funded from 2006 - 2009 by the American Legacy Foundation.

Jolly Ann Davidson was a former President of National Association of State Boards of Education (NASBE). She had previously been the president of the Iowa Board of Education,. She was a former teacher and the mother of three grownup children.

Davidson served as a spokesperson for the Tobacco Institute's "kids-don't-smoke" programs, and she became a well-paid lobbyist for their interests and helped protect them from legislative pressure -- blocking advertising and vending machine sales bans, etc.

There were a succession of educational programs

  1. The first was the Responsible Living Program which simply maintained that children shouldn't smoke until they were adult ... and this made smoking incredibly attractive to teenagers if they felt awkward and were trying to look adult and sophisticated.
  • Helping Youth Decide were booklets distributed free to school kids with the message: "Only smoke when you are adult"
  1. (??)

Documents & Timeline

  • Note that the TI distinguished between the NASBE projects and "Helping Youth Decide in the early days, and later the HYD project was 'sponsored' by the COURSE Consortium. Some of the booklets were also distributed by MAC Systems in Maryland.

1984 Mar 14 /E NASBE report session [handnotes of a meeting]. Jolly Ann Davidson was the President of the NASBE at this time. They were planning to jointly promote the Helping Youth Decide program created by the tobacco industry to prove that they were responsible. The NASBE wanted Mississippi and Texas to get special emphasis ... [because of its] board members. [1]

1984 Sep 23 Tobacco Institute (TI) analysis of the coverage of tobacco issues by the Wall Street Journal and its individual journalists, reveals

Walker Merryman (TI's PR head) and Jolly Ann Davidson went to New York City and met with WSJ education editor Anne MacKay-Smith for one hour to brief her on the Helping Youth Decide (HYD) program.

Also noted was

WSJ does not dwell on the smoking and health topic. They pay far less attention to it on the news side than most major media. Overall, reporting is a fair as we might expect, given the defensive posture we find ourselves in.

1984 Oct 2 A published article headed "Improving communication"

Teenagers and parents sometimes miraculously leap across the communications gap. They talk, listen and discuss in an atmosphere of love, mutual trust and respect. But all too often mum's the word between adolescents and Moms and Dads -- or the talk line's knotted. Attempts at conversation turn into shouting bouts peppered and punctuated with temper tantrums or tears. Such scenarios were outlined during an interview with Jolly Ann Davidson, Clarinda, Iowa, president of the National Association of State Boards of Educatlon, and Walker Merryman, Washington, DC, vice presldent of the Tobacco Institute. Any time you get tobacco and education people whistling the same tune something's got to be up.

[Never was a truer word ever said in jest on TV. The tobacco industry needed her and the NASBE's educational credentials for its faux anti-youth-smoking project. She was well on her way to being a well-paid and enthusiastic lobbyist and tireless worker for the industry.]

Davidson, past president of the Iowa Board of Education, former teacher and mother of three grownups, [] said that the NASBE, whose members set education policy in 49 states, applauds the Tobacco Instltute's "demonstration of social responsibillty" in funding the "Helping Youth Decide" project. [3]

1984 Nov 14 Reponsible Living Program promotion plan for the NASBE and TI
1. To broaden distribution of "Helping Youth Decide" (HYD) booklets through third party action, with more emphasis on public relations and less on advertising.
2. To secure endorsements, quotable reaction, anecdotal material and success stories related to the booklet and its use.
3. To take program into selected states in support of TI State Activities Division (SAD) programs and objectives.
4. To create awareness of the program among key federal officials in support of TI Federal Relations Division (FRD) activities.
5. To utilize success stories to build and strengthen coalitions with allied and support industries and with minority, labor and other business segments.
7. To further TI's partnership with NASBE and its members nationally and in selected states.
6.They also explore various tactics -- some for for using NASBE and PTA. [Many pages] TACTICS
1. Engage Jolly Ann Davidson, who in 1985 becomes immediate past president of NASBE, to make TV appearances and endorsement pitches as necessary and to byline articles for both popular and academic press.
2. Fund a NASBE-selected consultant to work full-time out of the NASBE office on selected projects (see Al, Bl, B3 and other tactics above).
3. Share endorsements, comments, news reports, distribution data, etc., with NASBE on a regular and timely basis.

1985 Jan The "Help Youth Decide" (HYD) program is now being run by "Davidson." Planning document:

    • Hold event under auspices of NASBE either in their headquarters, in a nearby facility or in New York.
    • Tightly-control the list of invited reporters to 12-25 senior education writers.
    • (The) use of high-level education specialists only would:
    • Minimize Tobacco Institute connection.
    • Reduce interference by editors.
    • Increase likelihood of longer story and good play. [5]

1985 Feb 1 Report on Tobacco Institute projects: "Media Relations"

  • Develop plans to use consultants in interviews:
  • Jolly Ann Davidson
  • Philip S Schaenman He ran a fire-safety program via a company known as "TriData". He maintaine fire-department contacts, and channeled their grants to fire departments.
  • Robert Klotz He was a 'Law Enforcement Consultant' and maintained their police contacts (ie.he paid their bribes to police groups when needed)

1985 Apr 11 Gray and Company (a subsidiary of Hill & Knowlton) is running media tours and media promotions for Jolly Ann Davidson (to Boston) on the "Helping Youth Decide" project, and also for the Chase Econometrics Study of the tobacco industry's economic impact. [7]

1985 Aug Project Status Report Fire program run by Sparber - grants, etc. Using consultants in interviews - Jolly Ann Davidson, Philip S Schaenman Also see Chilcote speech in credibility/fire safety [8]

1985 Dec 12 Annual Report of the Tobacco Institute's Public Relations division explains their recent successes,:

In the -14 months since its inception, our "Helping Youth Decide" booklet has been placed in a half million households and organizations concerned about child welfare and education. The response has been overwhelmingly positive and has come in the form of thousands of letters as well as Legislative resolutions, organizational endorsements, and articles. This response has been useful in showing public officials and journalists that we are acting responsibly to discourage youth smoking. And it has been an excellent way of initiating contact with new allies. Our productive relationships with Hispanic and Veterans groups began by offering them multiple copies of our booklet for their memb ers.

While we consider this program something of an investment for our legislative future, "Helping Youth Decide" was politically useful -- and, at a minimum, entertaining -- in 1985. It was politically useful because the youth smoking issue seems to be raised in every imaginable context including the June 20 Ways and Means hearings mentioned earlier. And, it was politically entertaining because what other program has ever been damned by a Surgeon General and the President of the American Lung Association but praised by the NEA educator of the year, nuns, social workers and 12-year old girls? What we are doing is valuable. For example, this past year Walker Merryman teamed with the past chairman of NASBE -- the co-sponsor of our "Helping Youth Decide" program -- and appeared on radio and television shows from Boston to Seattle, discussing the availability and success of the program. The hosts were neutral to friendly, the anti-smokers were not invited and the reception was warm


1986 The Tobacco Institute Board of Directors winter meeting speech by Kloepfer. He is seeking to explain the AMA's call for a ban on cigarette adverting after many years of close association between the TI and AMA:

And then, there was the AMA's call for a ban on cigarette advertising. It is not even mentioned in that organization's 1986 plans [but] what is mentioned are two items that prompted the AMA to announce its outlandish position.

The first is the fact that the AMA now represents less than half of all physicians. Societies representing the individual medical specialties now represent the bulk of the nation's doctors, with lobbyists in Washington and in many state capitals. It is an embarrassment and an economic dilemma for the AMA leadership. The second is that the image of physicians is tarnished by the notion that doctors care more for dollars than disease. What they did was a desperate move to grab the limelight away from the specialty groups and appear concerned about public health. They did it, in part, because they saw little risk in doing so.

Clearly, they caught the public's attention. The AMA believes it has pulled off a public relations coup. We and many others disagree.


1986 TI budget has $50,000 for Professional fees ($20,000 the previous year) [11]

1986 Jan [12]

The immediate publicity aims for "Helping Youth Decide" are

  1. to get the quick hits that SDC requested last fall and
  2. not to rock the NASBE boat by coming on too strong, or, indeed, plan anything for which we'd first have to get NASBE approval.

1986 Jan Elizabeth Whelan in ACSH news "Health Watch" article on smoking.

Although the advertising campaign has been in effect for more than a year now, we still find it difficult to accept the fact that the National Association of State Boards of Education (NASBE) allowed themselves to be swallowed whole by the Tobacco Institute.

Together, the industrial apologists for the nation's leading cause of preventable death and the teachers' group published a handbook for prompting parent-child communication entitled "Helping Youth Decide." Cleverly, both ads for this publication and the booklet equate the decision to "get married... borrow money... take a job" with the decision to smoke. But more important, the Tobacco Institute is achieving what they covet most: respectability through association and what is perceived as an endorsement by the nation's educational leaders.

We wrote to the NASBE and asked them why their prestigious group was now in cahoots with the tobacco folks. Their response looked as though it had recently emerged from a cigarette company's word processor, when Phyllis Blaunstein , Executive Director, wrote

    "The booklet was written in response to member concerns and is a reflection of our organization's strong concern that youth needs clear direction and support from both school and home. NASBE does not believe that young people should smoke. The Tobacco Institute also takes the position that young people should not smoke."

We immediately followed up on her response asking if she would similarly endorse and co-sponsor a publication with the Columbian Cocaine CounciL Guess her response is still in the mail.


1986 Mar 1 The annual meeting of the National Tobacco Council was held at the PGA Sheraton Resort, Palm Beach Gardens, Florida -- with Horace Kornegay as Secretary taking the minutes [about half those present were from the Tobacco Institute]. Peter Sparber introduced a number of guest speakers:

  • Jolly Ann Davidson , the past president of the National Association of State Boards of Education ("NASBE") . NASBE, together with The Tobacco Institute, is the sponsor of the important and successful program "Helping Youth Decide." This program, and the written materials involved, were developed as an important aid for parents to communicate better with their children on issues and decisions faced by the young people in this country.
          Mr. Sparber stated that over 1/2 million copies of the booklet "Helping Youth Decide" had already been distributed, with most substantial and favorable feedback from educators and others interested in youth throughout the country.
          Mrs. Davidson described the program, which had been created during her term as president of NASBE, with the support and cooperation of The Tobacco Institute. She discussed her appearances throughout the country, both before educational and other groups and on public media, and ended on the note that she hoped the program would continue to serve parents in dealing with the issues faced by their children in the growing-up process.
  • Joe Trevino , Executive Director of the League of United Latin American Citizens ("LULAC") , the oldest and largest Hispanic organization in the United States. Mr. Trevino described LULAC's organization and activities. He covered LULAC's opposition to excise taxes, which place the heaviest burden on persons at the lowest end of the economic scale, and mentioned that he had presented these LULAC views to the Congress. He also welcomed the availability of the Spanish edition of "Helping Youth Decide" which has met with enthusiastic acceptance by educators and youth counselors in the Hispanic community.
  • David Wilhelm , director of Citizens for Tax Justice . Mr. Wilhelm cogently presented his organization's opposition to regressive taxes and its campaign urging that corporations pay their fair share of the tax burden. He stated that the interest of the tobacco industry and middle class families is the same: neither is getting a fair shake under the present U.S. tax structure.
          Elaborating on this, Mr. Wilhelm stated that the tobacco manufacturers are good corporate citizens, clearly paying their share or more in corporate taxes, while a number of other classes of U.S. corporations pay no taxes. With respect to excise taxes, Mr. Wilhelm emphasized that such taxes are not based on ability to pay but rather on inability to pay and concluded his presentation on the note that the U.S. tax system is a mess because it is being used to modify behavior.


1986 Mar 13 Anne Duffin at the Tobacco Institute to her superior, Peter Sparber on a recent report on Smoking and Advertising. She is providing background on their involvement in the promotion of the "Helping Youth Decided" (HYD) program which they have now extended to Hispanic communities (via LULAC and other). This document lists their involvement in CASE (sports sponsorship lobby); the NASBE and consultant Jolly Ann Davidson; education consultant James Peterson; children researcher Glen Smith. It also lists a range of strategies:

Strategy III: Develop and focus public support of First Amendment rights and freedom of choice.
Reportable items
      Goals and Tactics:

  1. Cosponsor a symposium on the First Amendment and Commercial Speech, for second quarter 1987.
          To be implemented gradually as liaison with advertising and publishing trade groups, ACLU, etc., develops in connection with AMA ad ban and tax deduction denial fights.
  2. Spin off new Freedom of Speech Foundation , from symposium's national advisory and steering committees, to make national print, broadcast awards.
          No action contemplated presently. See above.
  3. Maintain Freedom of Expression Foundation contact.
          Support enrolled by [Fred] Panzer for both ad issues.


1986 Apr 22 Kloepfer at the Tobacco Institute writes to his staff.

One of our most serious problems is the continued generation of critical articles by the national news media. Effective today, Craig Barnes will focus on that challenge. To make this action possible, we have asked Scott Stapf to serve as acting director of the traveling media relations group. Both Craig and Scott will report to Pete Sparber.

Attached to this memo is the May 1986 Activities Report for the Media Section (12 pages long). It includes:

Scott Stapf arranged for the following consultant interviews:

  • Gray Robertson , Crystal Nix, N.Y. Times , New York, N.Y. 5/14/86.
  • Lew Solmon, Jeff Day , Bureau of National Affairs, 5/14/86.
  • Dr. Andrew Moody, John Coyne , Cleveland Plain Dealer . 5/20/86.
  • Dr. Andrew Moody, Glen Prochs , Akron Beacon Journal , 5/20/86.
  • [16]

    1986 Jun /E Newsclipping in Tobacco Institute files: The Waxman Congressional hearings on ad-bans mid-year:

    Educational consultant Jolly Ann Davidson described Institute efforts to help parents work more closely with their children. These efforts, she said, will be "far more effective than a ban on advertising." She entered into the record testimonials for TI's "Helping Youth Decide" booklet.


    1986 Dec 1 Anne Duffin reports to the Tobacco Institute on their readiness for handling the 1987 Waxman Committee hearings into tobacco advertising bans.

    Jolly Ann Davidson , past president of the National Assn. of State Boards of Education (NASBE), reporting on the "Helping Youth Decide" (HYD) community program in Michigan and release of the second TI-funded NASBE parent guidebook "Helping Youth Say No" (HYS)
    Action/Materials Needed

    • Standard HYD materials, new HYS booklet and promotion plan, and report on HYD community project in Michigan Status: Michigan program will run January through June.
    • NASBE will put together progress report when needed , to use with program proposal. Target date for publication of HYS is Jan. 30, 1987 .
    • Exhibit materials on a proposed "It's the Law" awareness campaign.
        Status: With a go-ahead from TI senior staff, proposal could be developed and ready for discussion at a January Communications Committee meeting. Design of campaign has been discussed informally with Ogilvy on the strength of field staff recommendations, voluntary health associations' expected promotion of lobbying by school children for stricter city and state tobacco sales age laws (and other restrictions) -- and recent press revelations in New Jersey and elsewhere that retailers do not know there are such laws. Starting point would be the retailer program proposed in 1983 but with greater emphasis on alerting public, and would-be youth buyers, as well as retailers. (CRU study will provide data on youngsters' sources of cigarettes.)
      [Note CRU = Children's Research Unit.]


    1986 Dec 1 Anne Duffin advises Kloepfer about their Ad-ban projects and the need for witnesses at a coming Congressional hearing.


    • American Civil Liberties Union
    • Freedom of Expression Foundation
            Status: Both are ready and willing
    • Statement (or first person testimony) by Mario Obledo , constitutional lawyer and past president of League of United Latin American Citizens (LULAC) , on what First Amendment protections mean to a naturalized American citizen
    • Refutation of July 7, 1986, Congressional Research Service analysis of the Posadas decision.
            Status: CRS refused TI request for a copy; asked Federal Relations Sept. 29 to obtain a copy through a Congressional office.
    • If published, reprint of University of Chicago Prof Philip Kurland 's law journal article appended to Aug. 1, 19B6, testimony of Bert Neuborne — plus any other scholarly articles that have appeared since the June 30 Posadas decision.
    • Ronald Beatson , Ph.D, chief executive of the European Association of Advertising Agencies , to discuass differing tobacco ad restrictions in the UK and Scandanavia, especially Sweden, where no models may be used in advertising.
            Status: Dr. Beatson, identified by INFOTAB at TI request, has told Bryan Simpson he is willing to appear for the Institute. John O'Toole of AAAA is especially interested in Europe's all-text advertising. 4As or one of the other ad trade groups may be interested in presenting Dr. Beatson as a witness.
    • University of Texas Marketing Prof. Gary Wilcox is studying quarterly patterns of cigarette advertising and cigarettes sales, 1964-1985.
            Status: Wilcox began on his own, but with TI moral support and sales data, last summer. I have not proposed he testify on his data.
            [Ed] Battison says Wilcox's methodology is legitimate. One of the ad or media trade groups might be persuaded to present him. All are familiar with Wilcox's earlier study on alcohol, soon to be published, finding no correlation between advertising levels and aggregate sales.
    • Update on literature reviews by [ Roger] Blackwell and [ Scott] Ward , for either submitted statements or use in TI testimony.
    • Darwin Johnson , president-of Policy Economics Group , testifying aa Tl-funded econometric research on effects of an ad ban
            Status; First draft of PEG report is due at TI by Dec. 5.
    • The Committee for Affordable Sports and Entertainment (CASE) was willing last summer to try for a name auto racer and can be approached again. Philip Morris' special events director believes appearance by a top woman tennis star is not impossible, maybe even [Martina] Navratilova , if the player were allowed a statement of personal disapproval of smoking.
    • Jolly Ann Davidson , past president of the National Assn. of State Boards of Education (NASBE) , reporting on the "Helping Youth Decide" (HYD) community program in Michigan and. release of the second Tl-funded NASBE parent guidebook "Helping Youth Say No" (HYS>


    1987 She is making a lot of money out of TI -- Accounts show many payments + NASBE payments of $145,000 [20]

    1987 Jan 20 Susan Stuntz , as head of the Public Affairs Division (PAD) of the Tobacco Institute has put together an overview of their 'readiness' for Federal Hearings on tax, advertising and public smoking bans. They are concerned about the recent GSA (Government Service Administration) ban on smoking in Federal buildings.

    This is a 21 page detailed document worth reading. It includes many items related to the cash-for-comments economists network:

    • Identification of witnesses from among appropriate ally and coalition groups.
    • Development of arguments and identification of experts and coalitions to argue that excise tax increases are not an appropriate means of financing health care costs.
    • Op-ed articles, letters to the editor, etc., from academic resources.
    • Continue efforts to obtain copies of GSA comments, via Freedom of Information request.
    • Identification of potential Congressional witnesses, and Congressmen who would be amenable to invite other scientists who support the industry's view on ETS to testify.
    • Approval to proceed with economic impact studies and/or voter surveys. One-month lead time is requested on both. On the former, decision will be needed as to whether to seek labor sponsorship.

    Tax Hearing Readiness: They have five 'basic arguments' that cigarette excise taxes are:

    • Regressive
    • Unfair
    • Inefficient
    • Inadequate
    • Unconstitutional

    and they intend to mobilize their Core Witness List to promote different aspects of the argument, including the economists:

    • Robert Tollison , Professor at George Mason University and director of the Center for Public Choice.
    • Richard Wagner , Professor of Economics, University of Florida.
    • Darwin Johnson of Policy Economic Group to discuss his study of the excise tax burden on five specific demographic groups.
    • Jim Savarese network organiser and labor union witness.

    Also listed under different themes they were believed likely to promote were favourite witnesses

    • Jolly Ann Davidson of the NASBE (education)
    • Bert Neuborne , law professor NY Uni and ACLU
    • Prof Scott Ward , Wharton School, PA
    • Philip Kurland , Law Professor, Uni of Chicago
    • Barry Lynn , ACLU
    • Craig R Smith , Freedom of Expression Foundation
    • Prof Roger Blackwell . Ohio State Uni
    • Prof Jean Boddewyn , Baruch College CUNY
    • John O'Toole and Charlotte Beers of AAAA.
    • Michael Waterson , UK Ad Assoc.
    • Ronald Beatson , European Ass. of Ad Agencies
    • Gray Robertson , ACVA (HBI)
    • Sal DiNardi (Uni of Mass & IAPAG)
    • IAPAG second witness
    • Lew Solmon (UCLA)
    • Tom Burch , National Coalition of Vietnam Veterans
    • IAC-AAF (Advertising-Media Coalition)
    • FAC (Freedom to Advertise Coalition - Patton Boggs Blow)
    • CASE (Comm. on Affordable Sports & Entertainment)
    • LULAC (Hispanic astroturf)


    1987 Apr Report of the Tobacco Institute

    Jolly Ann Davidson, TI consultant and former president of NASBE, appeared on the NBC's "Today Show." She promoted "Helping Youth Decide" and the follow-up publication "Helping Youth Say No."


    1987 Apr 6 Tobacco Institute memo says that support for the NASBE remains at $150,000. [23] [Note they appear to be distinguishing between the NASBE budget and the HYD budget here.] That leaves public affairs/media initiatives as the one significant, uncommitted, area in which cuts may be made, especially media tours. Potential cuts in each cost center include: Advertising: . . . . EliminateJoltyAnnDavidsonmediatours - one per month @ $3,000 = $15,000. Cut back on predaotioji of FAC-mteted roateflate: $30,000 Reduce support to N A M E by elcmwat'mg community-based program for 1§§7 fwe have tentatively committed this, however, w© have not yet launched the program): $40,000.

    1987 May 5 Sam Chilcote (head of Tobacco Institute) memo to the Executive Committee re. tobacco advertising ban in Canada and the US and the Strategies and Programs that the TI have implemented to block them, He notes:

    Coalitions and Expert Witnesses =

    • Prof Bert Neuborne, New York University Law School -- a First Amendment attorney.
    • Prof Philip Kurland , University of Chicago Law School -- a First Amendment attorney
    • Prof Roger Blackwell , Ohio State University - marketing expert
    • Prof Scott Ward , Wharton School of Business - marketing expert
    • Prof Jean Boddewyn , Baruch College, City Uni of New York - marketing expert
    • Michael Waterson , research director, Advertising Association of Great Britain - marketing expert
    • Roger Beatson , European Association of Advertising Agencies. - marketing expert
    • Darwin Johnson , Peat Marwick's Policy Economic Group on the economic impact of an ad ban. (Economist writing op-ed articles - for lobbying congressmen)
    • Prof Fred McChesney , University of Chicago Law School (Economist writing op-ed articles - for lobbying congressmen)
    • Vernon Dempsey , Phoenix Marketing, on cigarette sampling practices .


    1987 Oct 15 Karen W Powe (sic) Project Director of the NASBE is writing to the principles of various public schools, giving them travel and expenses details for a CAP workshop in Alexandria Virginia. All expenses are covered. The letter has been ccd to Jolly Ann Davidson and State executives, and this copy found its way into the Tobacco Institute files. There is no mention that this CAP workshop is being funded by tobacco. [25]

    1988 Sep Check Register Tobacco Institute Hill & Knowlton $86,386 Paul Hastings Janofsky $33,998 (15th $8,945) Allen Kassman Phd $1,395 Samuel D Chilcote Jr $5,000 ((26th $6,476) Dennis Dyer $2,547 Karen Fernicola $272 (16th $1,074 Walker Merryman $1,090 Susan Stuntz $781 Fleishman Hillard $18,988 (15th $12,500) Katzenstein Associates $1,850 Smokers Rights Alliance $19,231 James Savarese (12th $20,000) (16th $26,800) ACVA Atlantic (7th $14,919) (15th $57,494) Sparber & Associates $28,227 (21st $13,333 Jolly Anne Davidson $2,353 (28th $2,789 Per-Med Corp (David Weeks) $14,887 Gold & Liebergood Inc $20,286

    1989 - 90 Many media tours for tobacco p6 508120233/0270

    1989 Jan Tobacco Institute's Public Affairs Management Plan . Fred Panzer reported on Advertising Issues:

    Legal counsel is putting the finishing touches on documents needed to create the Responsible Living Foundation. Jolly Ann Davidson has contacted all of the existing CAP programs informing them of the upcoming change of leadership from NASBE to the Responsible Living Foundation.


    * NASBE = National Association of School Boards and Educators which accepted money from the tobacco industry to run programs for parents and children.
    Jolly Ann Davidson (ex President) became a professional tobacco industry lobbyist.
    CAP =Community Alliance Program run by the NASBE for the tobacco industry (part of the Helping Youth Decide program).
    • This program ended up run by COURSE Consortium Inc (Communication Through Understanding, Respect and Self-Esteem) with an equally dubious pedigree.

    1989 Jun /E Handwritten and typed memo about a video being made for the Helping Youth Decide program [It is still being run by the NASBE at this time.]

    • Q. Are we going to help promote the video either on the Hill or in the field?
      A. Lobbyists will use some -- mostly State [activities div.] people. Jolly Ann [Davidson] should be the one (with NASBE) to set up meetings and do presentations to Members.

    • Q. Will we be sponsoring any community-group meetings to view/discuss the video?
      A. We will direct what and where; NASBE will do the legwork.
    • Q if we are going to keep a low profile on this what are our long-term goals/committments to NASBE and to CAP?
      A. [nil]
    • Q. What are NASBE's long-term goals for CAP?
      A. [nil]
    • Q. How prominently should TI be mentioned in credits?
      A. Just enough to get the point across without being too cocky about it.


    1989 Jun 9 Richard Marcus of Ogilvy & Mather reporting to the Tobacco Institute on its May Activities.

    • Taxes: American Agricultural Movement (AAM) ; Citizens for Tax Justice (CTJ); Coalition on Human Needs (CHN); League of Rural Voters (LVR); Opportunities Industrialization Centers of America (OIC) [They were providing publishing services of some kind].
    • Public Smoking: Federal Union IAQ Issues (American Federal Government Employees [AFGE]); National Energy Management Institute (NEMI)
    • Media Tours: Social Costs Media Tours (Richard Wagner and Bob Tollison); Truth Squad Media Tours [Dave Weeks and Jack Peterson]
    • Labor Coalitions: LMC, unions, Pittsburgh project
    • Ad Bans: Jolly Ann Davidsons media tours.


    1989 Jul /E Susan Stuntz to Sam Chilcote at the TI.

    The purpose of this memorandum is to outline The Institute's efforts to replace the National Association of State Board's of Education (NASBE) as the sponsor of The Institute's "Responsible Living" program. This program consists of the Helping Youth Decide/Helping Youth Say No (HYD/HYSN) booklets and the Community Alliance Programs (CAP).

    It is the recommendation of TI staff and consultants that the CAP programs continue, using existing materials, through the creation of an independent foundation (the Foundation). The proposed Foundation will serve as a more centralized, uniform organization with the single goal of promoting the programs in a mutually beneficial fashion. The dual benefit of the proposed Foundation is that, one, it will allow the Institute to build on its investment in the "Responsible Living" program and, two, the Institute can rely on witnesses for legislative hearings, in spite of NASBE's decision to withdraw. The costs related to the Foundation will not exceed the anticipated commitment to NASBE for the 1989 fiscal year. The Foundation will be headed by a Board of Directors appointed by the incorporators and administered by a President. The structure of the Foundation will consist of two individuals: the President and an administrative assistant. [Also an Advisory Board]

    Additionally, Jolly Ann Davidson will work with the Foundation as a media and Hill spokesperson. A media consultant from one of The Institute's public relations consulting firms will be used to direct the media tours.

    Lynne Glassman , Director of Network Operations for the National School Boards Association had tentatively accepted the offer to head the Foundation.

    Jolly Ann Davidson has agreed to continue her current position as spokesperson for the HYD/HYSN and CAP programs. Both Glassman and Davidson have been informed that there is no commitment from The Institute beyond 1989. Both are also aware that the proposed Foundation should seek additional funding sources.


    1989 Aug 4 Susan Stuntz outlines the Public Affair Division's 1990 Budget and Plan in summary form. She plans an "overall program that would be substantially more aggressive than in years past with $4 million set aside for 'scientific affairs/media relations/consultant media tours" . Some of the increase is due to:

    ... a partial-year program in the scientific affairs area -- training of new academic scientists was not authorized until late April 1989. The 1990 budget calls for a fully funded 12-month program. The budget also calls for

    • expanded use of ETS and ventilation experts in responding to ETS science reports and on science-fraud media activities;
    • broadened support of the National Energy Management Institute (NEMI) to complement new labor counsel in the states;
    • expanded use of economist network on productivity and IAQ issues;
    • expanded privacy/smoker discrimination program as requested by a member company.

    Under Advertising Issues it lists

    Among the tactics are an expanded use of economist network on advertising and trade issues, outreach to state and local advertising groups. Support to the National Assn. of State Boards of Education (NASBE) has been eliminated. [Jolly Ann Davidson, etc.]

    On the Social Cost Issue she lists

    1990 increase of 5 percent over projected actual anticipates full-year funding of social cost coalition activities with the US Chamber of Commerce. Funding for 1989 did not begin until the second quarter. The program anticipates continued promotion of social cost economic arguments; and application cf those arguments to new state-specific social cost claims [economic impact studies] currently being used to support anti-tobacco measures.


    1989 Aug 16 Ogilvy & Mather's July Activity Report shows them billing the Tobacco Institute for media training for Jolly Ann Davidson [31]

    1989 Nov A report by the Tobacco Institute's Communications Division on "Media Tours by Consultants":

    Jolly Ann Davidson conducted a media tour in Tulsa and Oklahoma City, promoting "Helping Youth Decide." Reaching a variety of outlets, Davidson's ability to explain the program and booklet is impressive. Reports and available coverage are enclosed.


    1989 Dec 7 The Tobacco Institute's Public Affairs Division report for the Board of Directors. This document has a section labled Advertising Issues: :

    • Resources and Allies:
      • American Civil Liberties Union
        • Barry Lynn
        • Burt Neuborne
      • Washington Legal Foundation
      • Legal Scholars
      • Network of 20 political scientists
      • Bert Neuborne
      • Scott Ward
      • Philip Kurland
      • Barry Lynn
      • Freedom to Advertise Coalition
        • Advertising trade groups
        • State and local ad clubs
      • Freedom of Expression Foundation
        • Craig Smith
        • Senator Packwood
      • Leadership Council on Advertising Issues
      • Council for Commercial Freedom
    • Research and Experts:
      • 10-country study of juvenile smoking
      • 16-country study of ad bans and restrictions
      • Roger Blackwell
      • Jean Boddewyn
      • Gary Wilcox
      • Michael Waterson
      • [Not included: Greg Smith and the Children's Research Unit]
    • Economic Impact:
      • Peat Marwick Research
      • CASE [Coalition for Affordable Sports & Entertainment]
      • National Association of Tobacco Distributors
      • Food Marketing Institute
      • National Association of Convenience Stores
    • Responsible Living Program:
      • Jolly Ann Davidson
      • [Not mentioned: NASBE -- "Helping Youth Decided"]


    1989 Dec 31 Tobacco Institute cumulative register records numerous payment for this entry. Jolly Anne Davidson Many entries

    1990 Walker Merryman and Jolly Ann Davidson are promoting the "Helping Youth Say No" booklet through media intereviews. She is introduced as ...

    a former public school teacher in Iowa, now an educational consultant to the Tobacco Institute.

    She says the booklet is

    based on communication and interaction between parent and child, a great deal of family participation. We feel that peer pressure is the number one reason why youngsters do smoke. And so we feel that it's necessary, through the booklet, to reach parents and help parents deal with peer pressure and their youngsters.


    1990 A handwritten one page TI document "Professional Fees" (1989-90) lists a proposed budget for "Advertising Issues" [one of a number of cost-centers]

    TI Professional Fee budget (1989 & 1990)
    Consultants Services 1989 1990
    Public Relations Counsel
    Sparber & Associates Peter Sparber was an ex-staff issues manager subcontracting back to the TI $70k $70k
    Ogilvy & Mather Numerous projects $70k $135k
    Fleishman-Hillard Ran media tours, 'truth-squad' tours, and 'scientific tours' etc. for TI $40k $40k
    Savarese & Associates Running the economists network and Labor Management Council. $60k $70k
    Lawyer/Economists Payment to the cash-for-comments academic economists. $50k $60k
    Labor Counsel Lawyer Mike Forscey at Wunder Diefenderfer. $25k $15k
    Responsible Living Program
    Panel of Educators NASBE helpers on "Helping Youth Decide" (HYD) project nil $40k
    Jolly Ann Davidson Media tours selling HYD program $35k $60k
    PR Counsel Organising Davidson's tours and NASBE $40k $78k
    Video Production Helping Youth Decide $9k nil
    Miscellaneous other amounts
    TOTAL $399k $778k

    [35] [36]

    NOTE: This cost center was for Advertising Issues only. The budget also included amounts in other cost centers. [37]

    1990 Jan The Tobacco Institute's Communications Activites report says:

    Jolly Ann Davidson promoted the "Helping Youth Decide" program in Chicago during a media tour* During her interviews, Davidson spoke with four radio stations. In addition, the Chicago Sun Times will include information on the booklet in a future column. A report on the media tour and coverage is enclosed.


    1990 Feb 20 The Tobacco Institute newsletter "Executive Summary" contains an item:

    Jolly Ann Davidson will discuss The Institute's Responsible Living Program next week with media in Detroit and Kansas City. Davidson joins a TI spokesperson February 20 in San Diego for a presentation before the National Commission on Drug Free Schools.


    1990 Jun 1 representing the Tobacco Institute 980126187

    1990 Jun 30 /E Report on Advertising Issue operations for the Tobacco Institute describes their many projects. They were faced with:

    The introduction of a new Waxman bill, H.R. 5041, on June 11. Entitled the "Tobacco Control and Health Protection Act," the bill contains "Canadianstyle" labeling requirements, advertising limitations, additive disclosure and regulation requirements and preemption repeal provisions.

    • We provided support to Freedom to Advertise Coalition (FAC) members. For example, the American Advertising Federation (AAF) launched a grass roots drive against the Waxman bill at its national convention in St. Louis, Missouri. AAF focused its mobilization effort on 32 ad clubs with close to 18,000 members who are constituents of Members of the House Energy and Commerce Committee.
    • We assisted the Washington Legal Foundation (WLF) in disseminating its news release on a favorable Supreme Court decision, Peel v. ARDC. WLF had filed an amicus brief on behalf of itself and two members of FAC.
    • We helped prepare Jolly Ann Davidson for an appearance before the Juneau, Alaska, city assembly. The purpose is to offer TI's Responsible Living program materials in lieu of a city cigarette excise tax earmarked for youth education.
    • We continued to work with Jolly Ann Davidson and a public relations consultant in redrafting a smoking-specific version of Helping Youth Decide . We prepared a promotional plan and advertising schedule for the proposed youth initiatives.


    1990 Jul The Tobacco Institute lists the 'consultants' who have served them in various capacities in the previous year, and outlines what service each of them has provided (on a month-by-month basis)

    • 8/89 Media tour on "Helping Youth Decide" in Cincinnati and Columbus, Ohio, including ten radio stations and the Columbus Dispatch
    • 10/89 Media tour on "Helping Youth Decide" in Anchorage, Alaska, including four radio stations and the Anchorage Times and Anchoraae Daily News
    • 11/89 Media tour on "Helping Youth Decide" in Tulsa and Oklahoma City, Oklahoma, including eight radio stations, one evening news t.v. show and the Tulsa Tribune
    • 12/90 Media tour on "Helping Youth Decide" in Milwaukee and Madison, Wisconsin, including six radio stations, live news show broadcast and the Wisconsin State Journal and Madison Capital Times
    • 1/90 Media tour on "Helping Youth Decide" in Chicago, including four radio stations and the Chicago Sun Times
    • 5/90 Statement for the record at meeting of Interagency Committee on Smoking and Health
    • 7/90 Legislative visit to Juneau, Alaska


    1991 Working with Merryman, at TI She is being toted around to meet Washington Times (NOT INDEXED) See Sam Francis meeting with Merryman

    1991 Tobacco Institute budget explanations for reductions in expenditure show:

    Fees and expenses for Jolly Ann Davidson have been lower (by) $25,000


    1991 Witness List [attached to 1993 June 1 Tobacco Institute list of "Witness/Expert Appearances -- Scientific/Legal/Spokespersons."] Tom Lauria, Mike Buckley, Simon Turner, Gio Gori, Bill Wordham, Gray Robertson, Peter Binnie (Now HBI), Larry Holcomb, John Fox, Rich Silverman, Walter Merryman, David Remes, Frank Powell, Melinda Sidak, Rudy Cole, Larry Halfen. Binnie appears to be concentrating on airports (not aircraft)'] Attached 1991 Witness List which includes, Brennan Dawson, Jeff Seckler, Jim Goold, Joe Pedelty, Jolly Ann Davidson, Dick Wagner, Bernadette Davidson, Walt Decker And 1990 Witness List (page 35) includes Bill Orzechowski, Mike Davis, Morris Coats, Also document has attached the 1989 witness list with (in addition to above) Dwight Lee, David Weeks, Alan Kassman, Bob Tollison, Richard Wagner, Jack Peterson, "Bestype Consulting", Dennis Vaughn, And 1988 List (Most of above) + A Katzenstein, David Brenton (focus on airlines) [43]

    1991 Jan The Tobacco Institute lists as a key element of the 1991 program.

    Media tours by industry consultants are described in each issue plan, and budgeted in the appropriate issue cost center. Budgets for the media tours include time and travel for the expert consultant, and for the public relations agency that has been assigned to promote the expert.

    Expert consultants charge TI on a time and expenses basis. Public relations counsel have been awarded media tour contracts following submission of competitive bids. Their fees include all time and travel expenses, and average $6,500 per two-city tour. Proposed media tour activity for 1991 includes:

    • Excise Taxes -- (At Tab 5) Five economist media tours in late spring/early summer to promote the newly published academic book on earmarking. Economists Bob Tollison and Dick Wagner would conduct the tours. Agency to be determined.
    • Public Smoking -- (At Tab 9) "B" team scientists (Holcomb, Weeks and Peterson) and IAQ experts from HBI would between them account for 24 media tours throughout the course of the year, with most occurring in advance of legislative activity. For 1991 the focus will be on the EPA risk assessment. Scientist media tours are promoted by Powell, Adams & Rinehart. HBI media tours are promoted by Fleishman-Hillard.
    • Social Costs -- (At Tab 10) Six social cost expert media tours are budgeted to promote the revised version of "Smoking and the State," and to respond in the media to state-specific social cost calculations. The book tours would occur late summer/early fall, with the agency doing the promotion still to be determined.     The tours responding to social cost calculations by state health departments are expected in the first half of the year. These will be promoted in-house by TI media personnel.
    • Youth Initiatives -- (At Tab 11) Jolly Ann Davidson , the national spokesman for the Responsible Living program (who would be representing the consortium of organizations and individuals who cosponsor the program) will conduct up to 18 media tours throughout 1991. Her appearances will be coordinated with federal and state legislative activity. Tours will be promoted by Fleishman-Hillard. Two of the three special authorization budget categories (at Tab 11) for 1990 have been eliminated in 1991 .We continue to seek special authorization for full-year funding for the industry youth initiatives program, as approved by the Executive Committee in 1990 . The 1991 request for this special project is $3 .570 million . It includes :
      • Funds to advertise both "It's the Law" and "Tobacco : Helping Youth Say No," according to the schedules already approved.
      • Funds to support a consortium of organizations and individuals who have agreed to act as cosponsors of the Responsible Living program.
      • Funding to produce and distribute materials developed for these initiatives, as well as funds to promote via media tours the industry's initiatives.


    1991 Feb also Might be Fleishman Hillard Inc BALTIMORE/D.C./PHILADELPHIA YOUTH MEDIA TOUR TIMN0184763

    1991 Mar 18 Fleishman Hillard advising Walker Merryman about the Washington Times Editorial Board Meeting scheduled for tomorrow Sam Francis who was acting editorial editor along with Ken Smith. They were to meet with Walker Merryman and "Jolly". The meeting was set up by Fleishman Hillard following his letter. Jolly, can only be Jolly Anne Davidson who was involved in educational institutions, and acted as a promoter of the industry's sham programs to supposedly persuade kids from smoking

    1991 Jun /E The Tobacco Institute's Public Affairs division has been asked to find $1 million in budget cuts. They have produced a detailed list of what would be cut in 1992 if they were forced to make these economies. This is an extensive list with Total amounts budgeted for each project.

    Youth Initiatives/Media Relations:
    Delay launch of PSA campaign until mid-January.       $ 50,000
    Limit youth media tours only to states targeted in anticipation of October hearings.       $ 40,000

    They list 31 line items for a total saving of $1,100,000. [45]

    1991 Jun 21 Tobacco Institute report:

    • Next week, Jolly Ann Davidson and TI spokesman Tom Lauria will conduct media tours in New Orleans, Baton Rouge, Mobile and Birmingham on the industry's youth initiatives,


    1991 Jun 28 Richard Wagner and Robert Tollison have now become regulars on the Tobacco Institute's schedule of conducted media tours. This is a list of the various 'witness' activities during 1991. Most are 'ventilation experts' promoting the idea that passive smoking isn't a problem in offices and workplaces.The economists are opposing 'earmarking' of cigarette taxes for the support of health initiatives Jolly Ann Davidson is selling the TI's "Helping Youth Decide" message about teenager smoking. She is touring:

    • February 11-13 Queens/Long Island/Nassau/Patterson, NY & Boston/Springfield, MA
    • February 19-21 Albany/Buffalo/Rochester, NY
    • February 27-28 Bismark/Fargo/Sioux Falls, ND (via hookup) & Philadelphia, PA, Baltimore, MD, Washington, DC
    • March 11-13 Madison/Milwaukee/Greenbay, WI
    • March 20 Des Moines, IA
    • March 21 Omaha/Lincoln, NE
    • March 25-26 Chicago
    • April 15-17 Atlanta, GA, Miami/Tampa/St. Petersburg
    • May 6-10 San Diego/Los Angeles/Sacramento/San Francisco
    • May 13-16 Portland/Salem/Great Falls/Minneapolis/St. Paul
    • May 18-31 Kansas City/Topeka/St. Louis/Cleveland


    1991 Nov 19 Ted Lattanzio is now Director of Government Affairs for PM USA -- this is a new position for him. Walter Woodson of the Tobacco Institute is advising him on the use of expert witnesses.

    These people are available to discuss the issue at hearings, in one-on-one situations, in briefings with the media. They can also submit written statements for various audiences. The Institute retains the services of six of these experts , each of whom maintains a private consulting practice.

    The Institute retains two firms with an abundance of knowledge on the subject of indoor air quality (IAQ). The firms are Healthy Buildings International and Consolidated Safety Services . Between them, the firms have seven experts who can testify or otherwise address IAQ concerns in the states. The Institute retains the services of three PhD economists who are willing and able to address questions about the regressive nature of excise taxes. Youth-related Experts The Institute retains a full-time expert who is willing to discuss the industry's youth programs and positions on tobacco advertising and sales practices.. The consultant, a former president of the National Association of State Boards of Education, is a respected educator who also addresses media inquiries and has been instrumental in promoting The Institute's "It's the Law" and "Tobacco: Helping Youth Say No" campaigns.

    The "Tobacco: Helping Youth Say No" 'program is sponsored under the auspices of several leading educators from across the nation. In certain circumstances, members of this group (known as the C.O.U.R.S.E. Consortium) can speak at hearings or one-on-ones and provide written materials or address media inquiries.


    1994 Mar 9

    1994 Projected Expert Witness Needs.

    1994 Mar: Two copies of a Tobacco Institute document list scientific witness-payment and estimates for their core group of 'consultants' (one document has additional handnotes).

    The Tobacco Institute is responsible for ensuring presentation of credible expert testimony on tobacco proposals in federal, state and media and other arenas. This testimony often comes from independent contractors or consultants who must be fairly compensated for their time and expenses.

    This year is expected to present unusually heavy federal, state and media activity, and the total cost of presenting appropriate witnesses is likely to be considerably higher than in 1993. It is anticipated that the current TI budget for 1994, with only $220,000 allocated to witnesses and submissions, will not be sufficient to meet the major needs for expert assistance. The consultants described here are those for whom the Institute incurs significant expense for appearances, usually a per diem charge ranging from $1,500 to $3,000, plus travel expenses as appropriate. The "Anticipated 1994 Costs" are the total costs projected, including travel expenses. Tobacco Institute staff often provide testimony at hearings and such appearances incur costs for legal preparation and travel to state capitols. This type of witness need is not included in the following tally. Covington & Burling provides a range of assistance in preparation of witnesses, review of testimony and written submissions. Costs for C&B assistance is noted here only when an attorney is the actual witness.

    The lowest amount that The Institute can hope to expend on federal, state and media witnesses in 1994 is $357,500. The high estimate for providing witnesses and support programs is $1,501,500. It is very likely that actual usage will be in the range of $750,000 to $1,000,000.

    • Economist - Tax Issues.
      The State and Federal Legislative requirements for economic witnesses were estimated at $12,000 per hearing, with Robert Tollison (who charged $5,000), Richard Wagner and Dwight Lee (who presumably charged $3,500 each).
      • Federal/State Legislative Requirements: Total hearing costs for economists in 1994 between $92,000 and $144,000.
        [Which makes their earnings for witness appearances alone between $40,000 to $70,000 per year each]
      • Media support and Other Events: The same three economists charged between $2,500 and $10,000 per time to front at press conferences, and discuss 'economic and social cost issues for in-depth responses to media inquiries."
              The TI had an annual budget allocation of $10 to $50,000 for these services.
    • Smoking and ETS Issues
      • ETS Science witnesses -- Gio Gori, Maurice LeVois, Larry Holcomb
        [Note says:] "Used legislative -- 3 hearings. 4 witnesses cost $22,0000 total."
      • Ventilation witnesses -- Gray Robertson, Simon Turner (both Healthy Buildings International (HBI))
        [Note says:] "$120,000 to HBI pays all but expenses."
      • Employer Liability Law -- Victor Schwartz, John Fox.
        [Note says:] "Projected, 1 more hearing -- 2 witnesses -- cost $5-10,000."

      Attached page says: "DC Area Indoor Air Quality Symposium, March 1994: also appearing (but paid by companies): Fox, Schwartz, LeVois.

    • Federal Regulatory Requirements:
        Scientific witnesses to appear at OSHA public hearings:
        Alan Gross
        Maxwell Layard
        Maurice LeVois
        Paul Switzer
        Peter Lee
        Gary Flamm
        Gio Gori
        Mark Reasor
        Mike Guerin
        Joseph Wu
        Ronald Hood
        Ray Witorsch
        Phil Witorsch
        Gray Robertson
        Elia Sterling
        $3-500 per submission;       $5-10,000 per hearing
        Total $48,000 (no hearings) [Presumably this was a retainer fee]
        Total $230,000 (with hearings)
        [Note says:] "Covington & Burling projections -- Witnesses $420,000 + Legal $550,000 = Total $970,000 "
    • State Legislative Requirements: were estimated at $30,000 to $90,00 for HBI, Holcomb, Fox and C&B.
    • State Regulatory Requirements for the same group, plus Maurice LeVois involved 15 to 25 appearances at a cost between $2,500 and $7,500 er appearance ... Anticipated Total $27,500 to $187,500
    • Media Support at State Hearings between $2,500 and $5,000 per time, up to $25,000 overall
    • Scientific Analysis and Review Program:

      Through Covington & Burling, The Institute has provided its consultants with up to date information on ETS and IAQ science. This information has prompted additional research, comment and publications by these scientists, and provides them with the tools to prepare credible, timely testimony when required. The funding for the 1994 operations of the ETS literature database was encumbered by The Institute in 1993, so costs for 1994 will relate to the review and response to such literature and any new research to be prepared for use in the above federal and state arenas. Anticipated 1994 Cost: Per project $7,500 to $15,000
      Total $75,000 to $150,000

    • Youth Issues, ADAMHA, and FDA Regulations:
      These required the support of Floyd Abrams, Burt Neuborne, Martha Rogers, Roger Blackwell, Scott Ward and Jolly Anne Davidson at an anticipated total cost of $45,000 to $300,000
      [Note says] "Per hearing - $25-75,000 - High figure includes Abrams"

      Federal Regulatory Requirements: Comment has already been submitted on the proposed ADAMHA regulations; further work in this area is unlikely to require experts other than the attorneys of Covington & Burling.

      State Legislative Requirements: Consideration of ADAMHA compliance legislation is a priority for the industry at the state level in 1994. At the state level, C&B provides nearly all expert assistance, although Jolly Anne Davidson is valuable in many venues in explaining the industry's position against youth smoking.

      It is not anticipated that significant additional funding will be required to impact regulatory proposals that may be considered relating to enforcement of ADAMHA .

      • Jolly Anne Davidson and C&B support was wanted tor 13 State Legislative hearings at between $2,500 and $5,000 each (total up to $65,000)
      • Media Support for Surgeon General's report could add $50,000
    • Fire-Safe Cigarette requirements
      Required the services of C&B, and consultants Phil Schaenman, Fred Clark and Steve Spivak .
      • Federal hearings at a per-hearing cost of $10-25,000 -- Total up to $50,000
      • State hearings at per-hearing cost of $15-20,000 -- Total up to $60,000
    [49] [50]

    1994 Mar 9 The document below was sent by Dan Donahue (who worked with at Womble, Carlyle, Sandridge & Rice in Winston-Salem.) to Sharon Johe (with RJ Reynolds) -- although this clean copy is in the Tobacco Institute files. [51]

    <tdo>resource_id=28480 resource_code=davidson_j_a search_term=Jolly Ann Davidson</tdo>