Public notices must remain accessible
Some state lawmakers seem to think they have come up with a way to modernize how local governing bodies get the word out about their meetings, pending actions, tax increases, new ordinances and other measures.
But Senate Bill 194 — which resurrects the idea of putting public notices on governmental websites — is another way to keep the public in the dark because the idea begs the question:
“Who’s going to see them there?”
Public notices have long been published in the classified section of local printed newspapers.
Those who follow local governments regularly monitor that section for notices of meetings and pending actions like budget adoptions, tax increases, zoning proposals and ordinance changes.
But that doesn’t mean Pennsylvania newspapers haven’t changed with the times. For those who prefer to read news on computers and cellphones, many newspaper websites have been revised so every reader can have free access to public notices.
Even better, if you’re someone who missed a public notice, you can thank Pennsylvania’s newspapers — including The Sentinel– for contributing to www.publicnoticepa.com — a gold mine database of public notices from all over the state. That site also offers several search options, so the scope can be narrowed by date, subject, school district, township, county and publication.
Right now, nothing stops local governing bodies from posting their public notices on their own websites. But that cannot be a sole option as Senate Bill 194 suggests because public notices must be distributed in ways that will guarantee public exposure.
Imagine if a local school district wanted to convene a meeting next week to close schools or furlough teachers. As Senate Bill 194 proposes, the district could post a meeting notice on its website, where a few taxpayers will see it and a lot more won’t. Under current law, the district would submit a public notice about the forthcoming meeting to the The Sentinel, which would print and distribute thousands of copies, then post the notice on its newspaper website and submit it to a searchable statewide website of public notices. By the time that’s accomplished, more than a few taxpayers will have seen the meeting notice.
Lawmakers who think that putting a public notice on a governmental website qualifies as sufficient public notice should spend some time reviewing those websites — when they can find them. Some municipalities don’t have websites, and others haven’t figured out how to post meeting agendas at least 24 hours in advance, as state lawmakers required when adopting Act 65 of 2021.
At this time, the best option for modernizing the law governing public notices is offered through House Bill 1291 proposed by state Rep. Robert L. Freeman, D-Northampton. That bill supports the publishing of public notices in printed newspapers where newspapers exist. In areas where they don’t, notices can be published in digital descendants of a printed newspaper or in an online-only newspaper of general circulation meeting format and content requirements.
Public notices have long been a valuable tool in governmental transparency. But to remain valuable, the notices must be posted and distributed to the public — the audience they’re intended to reach. Putting a public notice on a government website doesn’t accomplish that.