Editorial: Public notices keep government actions transparent
By Steve Key
Executive director and general counsel
Hoosier State Press Association
Government units inform Americans about important actions taken or contemplated by placing
public notice advertisements, or “legals,” in newspapers.
This practice, as old as the United States, is no less valuable in an electronic age than it was
when homes were lit by candlelight.
But today, some state and local elected officials argue that public notice advertisements should
disappear from newspapers – replaced by postings on their government websites.
That would be a mistake.
Besides democratic principles, there are multiple reasons for using Indiana newspapers to
convey information that the state legislature has mandated to be shared with Hoosiers.
Consider this: Using newspapers inserts an independent third party with an incentive to make
sure the notice is published on time and accurately.
Unfortunately, some public officials don’t want to encourage public participation. If we put
them in charge of disseminating public notices, some might be tempted to post them too late for
citizens to respond.
One Indiana school superintendent described her feelings about public notice succinctly:
“When we publish public notices, the only thing that happens is people come to our meetings
and give us crap,” she told a northwest Indiana publisher.
Not a ringing endorsement of democracy, but a reason to have an independent third party
responsible for publishing notices.
Consider this: Publication of notices in newspapers preserves the action for historical
purposes.
Most libraries contain microfilmed copies of local newspapers. That’s why newspapers have
been called the first draft of history. They’re archivable.
The same can’t be said for websites. Newspapers are unchangeable snapshots, while the
Internet is a stream with contents constantly in flux.
Consider this: Public notices need to be accessible to all segments of the population.
While every Hoosier may not read newspapers, they remain the most cost-effective way for
people to access public notices.
Opponents of publication argue that everyone can access government websites, but the reality
is few people visit those sites. Posting on government websites would effectively hide the notices
in plain sight.
People buy newspapers for the news, sports, advertising, obituaries and much more. Even if
they aren’t looking for a specific public notice, they find it because it’s included in a package
they welcome into their homes and businesses.
Consider this: Often government officials must verify they have notified the public about an
action. It’s part of the legal due process required before courts can act on a petition regarding a
government action.
When an attorney presents the newspaper page carrying the required public notice, no one
questions that it was published on the date of that newspaper edition and that the public had an
opportunity to react if they had a concern about what the court or government agency was poised
to do.
Verifying when an item was posted on the Internet, how long it was posted and whether it was
altered is an entirely different matter.
The elements of an independent party, archivability, accessibility and verifiability make
newspapers the best way to keep government actions transparent for Hoosiers.