Public notice changes to be discussed
June 22, 2009 Public notice law | Government transparency
By GARY WECKSELBLATT
Bucks County Courier Times
Legislation in Harrisburg about how local governments should inform the public about meetings, zoning changes and spending decisions likely won't be given serious consideration until the fall.
"Nothing's going to happen right now because we're doing the budget," said state Sen. Chuck McIlhinney, the 10th District Republican. "But it's a real intellectual debate that we'll be having."
State requirements vary for public notice of meetings, proposed ordinance changes, contract bids, elections, sheriff sales and other activities. In most cases agencies must advertise in a "newspaper of general circulation." Bills pending in the General Assembly could take public notices out of newspapers and allow government agencies to post information online on various Web sites.
In difficult financial times, this could save cash-strapped municipal governments and school districts some money. It could also remove a safeguard of open government, making it easier for elected officials to enact laws and spend money without notifying taxpayers.
"It's saving money, but certainly not forwarding the cause of democracy," said Doylestown Council President Det Ansinn.
Last month, the Upper Moreland School District was granted a waiver by the state Department of Education to publish bid notices on its Web site for three weeks or in local publications more than four pages long.
The district, with an annual budget of close to $50 million, hopes to save $13,000 to $20,000 a year with the move.
Last year Bucks County government spent $681,855 on legal ads. The sheriff's department spent most of the money - just shy of $600,000 - on notices in newspapers and the county law journal, but the county is reimbursed for these costs by mortgage companies, banks and others involved in the sheriff's sales.
The total represents about one-tenth of 1 percent of Bucks County's $466 million budget.
"People have thrown out a lot of figures that sound alarming," said Deborah Musselman, director of governmental affairs for the Pennsylvania Newspaper Association. "When we've tried to verify them we can't come up with same numbers. Looking at the big picture, however, it's a relatively very small portion of their operating expenses.
"We understand that everybody wants to save money every way they can. We get that, and we are exploring ways to absolutely insure that."
Musselman, however, pointed out that the Commonwealth has thousands of municipalities. "How many of them have Web sites?" she asked. "And what happens if your town is thinking about rezoning that farm? And the developer in the next town has a possible sales agreement pending. If you don't know about it how are you going to find out about it? How many municipal Web sites do you have to check? And what happens if you hit it on a day when the servers crashed?
Ansinn, who owns a software company in Dublin, said municipalities "barely have enough folks to keep the lights on let alone to manage content on the 'Net. A lot of municipalities don't even have a Web presence right now. In (Doylestown's) case it would save some money. But the reality is the paper reaches a different audience than those folks online.
"Look, it costs money to engage the public."
State Rep. John Galloway, the 140th District Democrat from Bristol, said "just because it's cheaper doesn't mean it's better.
Accountability, openness and transparency are keys to out government. People need to know what we're doing.
"We talk about the Sunshine Law, about being as open and accountable as possible. When you don't have that bad things happen."
David Baldinger, an administrator for the Pennsylvania Taxpayers Cyber Coalition, said taking legal ads out of newspapers wasn't the way to go, even though he appreciates the effort to save money. His Web-based organization focuses on statewide school tax reform.
"The public's right to know is paramount, and while the Internet is one acceptable method of advertising legal notices, if used as the sole means of communication it deprives a large segment of the population of vital information," Baldinger said.
State Rep. Bernie O'Neill, the 29th District Republican from Warminster, said his initial impression of the bill was that it would "expand rather than eliminate" where legal notices could be found.
"I don't want my newspaper to go away, but I think this deserves a fair hearing," O'Neill, who said he reads four or five newspapers a day, said.
Asked if the bill was generated by legislators who might like to see a battered industry face more red ink, O'Neill didn't believe that was the case, though he said some lawmakers may have "animosity" toward newspapers or "feel reporting isn't done in a fair way."
McIlhinney said the law was "never meant to be a financial burden on everybody. (Towns are) spending a lot of money. At the same time there really is a need for a public notice system.
"The idea of everyone putting this information on their own Facebook page is not the answer."
Bucks County Courier Times
Legislation in Harrisburg about how local governments should inform the public about meetings, zoning changes and spending decisions likely won't be given serious consideration until the fall.
"Nothing's going to happen right now because we're doing the budget," said state Sen. Chuck McIlhinney, the 10th District Republican. "But it's a real intellectual debate that we'll be having."
State requirements vary for public notice of meetings, proposed ordinance changes, contract bids, elections, sheriff sales and other activities. In most cases agencies must advertise in a "newspaper of general circulation." Bills pending in the General Assembly could take public notices out of newspapers and allow government agencies to post information online on various Web sites.
In difficult financial times, this could save cash-strapped municipal governments and school districts some money. It could also remove a safeguard of open government, making it easier for elected officials to enact laws and spend money without notifying taxpayers.
"It's saving money, but certainly not forwarding the cause of democracy," said Doylestown Council President Det Ansinn.
Last month, the Upper Moreland School District was granted a waiver by the state Department of Education to publish bid notices on its Web site for three weeks or in local publications more than four pages long.
The district, with an annual budget of close to $50 million, hopes to save $13,000 to $20,000 a year with the move.
Last year Bucks County government spent $681,855 on legal ads. The sheriff's department spent most of the money - just shy of $600,000 - on notices in newspapers and the county law journal, but the county is reimbursed for these costs by mortgage companies, banks and others involved in the sheriff's sales.
The total represents about one-tenth of 1 percent of Bucks County's $466 million budget.
"People have thrown out a lot of figures that sound alarming," said Deborah Musselman, director of governmental affairs for the Pennsylvania Newspaper Association. "When we've tried to verify them we can't come up with same numbers. Looking at the big picture, however, it's a relatively very small portion of their operating expenses.
"We understand that everybody wants to save money every way they can. We get that, and we are exploring ways to absolutely insure that."
Musselman, however, pointed out that the Commonwealth has thousands of municipalities. "How many of them have Web sites?" she asked. "And what happens if your town is thinking about rezoning that farm? And the developer in the next town has a possible sales agreement pending. If you don't know about it how are you going to find out about it? How many municipal Web sites do you have to check? And what happens if you hit it on a day when the servers crashed?
Ansinn, who owns a software company in Dublin, said municipalities "barely have enough folks to keep the lights on let alone to manage content on the 'Net. A lot of municipalities don't even have a Web presence right now. In (Doylestown's) case it would save some money. But the reality is the paper reaches a different audience than those folks online.
"Look, it costs money to engage the public."
State Rep. John Galloway, the 140th District Democrat from Bristol, said "just because it's cheaper doesn't mean it's better.
Accountability, openness and transparency are keys to out government. People need to know what we're doing.
"We talk about the Sunshine Law, about being as open and accountable as possible. When you don't have that bad things happen."
David Baldinger, an administrator for the Pennsylvania Taxpayers Cyber Coalition, said taking legal ads out of newspapers wasn't the way to go, even though he appreciates the effort to save money. His Web-based organization focuses on statewide school tax reform.
"The public's right to know is paramount, and while the Internet is one acceptable method of advertising legal notices, if used as the sole means of communication it deprives a large segment of the population of vital information," Baldinger said.
State Rep. Bernie O'Neill, the 29th District Republican from Warminster, said his initial impression of the bill was that it would "expand rather than eliminate" where legal notices could be found.
"I don't want my newspaper to go away, but I think this deserves a fair hearing," O'Neill, who said he reads four or five newspapers a day, said.
Asked if the bill was generated by legislators who might like to see a battered industry face more red ink, O'Neill didn't believe that was the case, though he said some lawmakers may have "animosity" toward newspapers or "feel reporting isn't done in a fair way."
McIlhinney said the law was "never meant to be a financial burden on everybody. (Towns are) spending a lot of money. At the same time there really is a need for a public notice system.
"The idea of everyone putting this information on their own Facebook page is not the answer."
