PaFOICPennsylvania Freedom of Information Coalition

Pennsylvania Freedom of Information Coalition

Opinion: Defending the publication of public notices

OPINION

The Pottstown Mercury

Who should be in charge of informing the public as to how their governments are planning to spend the taxpayers’ money? In Pennsylvania, that is the crucial question of the moment. A bill before the Pennsylvania Legislature proposes removing public notices from newspapers and allowing government agencies to post information online on various Web sites. That is the crux of Senate Bill 419, primarily sponsored by Sen. Robert Robbins, R-50, of Mercer County. Nearly a century ago, the Pennsylvania Legislature passed a law requiring local townships, boroughs, school districts and other government entities to place notices in the local newspaper advising citizens of pending ordinances, budget spending proposals, property sales, election information, zoning changes, among other important issues. The idea behind that early law was to inform residents affected by government plans. For years, that legislation provided a safeguard of open government — making it more difficult for elected officials to enact laws and spend money without notifying taxpayers. Now, Senate Bill 419 would allow the government to control its own public notices and eliminate the independent, third-party verification that newspaper publication provides. It would be all too easy to manipulate the bidding process, favor certain contractors, and shield critical information. Robbins and the bill’s co-sponsors question the cost of newspaper advertising. Is the continued expense of public notices to local governments justified in a day when the Internet makes communication instantaneous and cheap? First, the costs of public notice advertising are small, comprising less than half of 1 percent of local government’s operating expenditures. Contrast that with the cost of establishing government-run, secure, permanent, public notice Web sites, which must be developed and maintained. Where will that money come from? When was the last time a government-run operation resulted in less spending than a privately run business? An Associated Press story recently recounted how hackers were infiltrating government computers, presenting national security issues. If the seemingly most secure of governmental Web sites are so easily infiltrated, how vulnerable would a local government Web site be to manipulation? Most importantly, those without Internet access would lose. The Pew Internet and American Life Project concluded some people just aren’t going to use the Internet, and that includes many in our communities. The Senate bill would disenfranchise those individuals, because they would be cut off from critical information about government. While the computer-less generation would lose out with no public advertising on the printed page, Internet followers already have access to public information. About 90 percent of Pennsylvania newspapers upload the public notices published in the newspaper to www.mypublicnotices.com, at no cost to the municipality placing the notice. No other state has gone to government Internet only. We still can’t figure what the real reason is for the proposed legislation. It has been well documented that newspapers are going through tough economic times and we get paid for public notices. Is this recent movement within our state Senate an attempt to drop a veil of secrecy over the workings of government, while simultaneously economically punishing the businesses that often push hard to get vital information to the taxpaying public? Last year, the Pennsylvania Legislature, led by Delaware County's own Sen. Dominic Pileggi, R-9, and other right-thinking officials, advanced the principle of open government by passing much-needed reforms in the commonwealth's antiquated open records laws. But Senate Bill 419 would take a huge step backwards toward government secrecy. Observers of government activity on all levels have seen enterprising reporters discover information or spending patterns not made readily available by invested public officials. That’s one thing public notices do. Pennsylvania has come too far to change course now. If you believe government should function in full view of the people, let your elected officials know SB 419 is a very bad idea.
2009 News