State to modernize legal notices

Friday, February 5, 2010
By Drew Simonovich

In accordance with a nationwide effort to modernize the manner in which local governments disseminate legal notices, the borough of Kutztown has asked local residents to support state legislation that will allow local governments to publish these documents online rather than in traditional newspapers. Local residents and newspaper executives are expressing their concern about the potential impact such legislation could have on government transparency and the public’s access to crucial information.

William Casey, a spokesperson for Sen. Michael O’Pake (D-Pa.), acknowledged that both Senate Bill (SB) 419 and House Bill (HB) 795 received unanimous support from both Democrat and Republican officials after it was “reported favorably by local governments.”

Giving local governments the option to post legal notices on government Web sites is a “common sense approach to informing the public,” said Dr. George Hale, assistant professor of Political Science at KU. Government Web sites are a “convenient outlet,” said Hale, a medium which a 2006 Penn State University study estimated could save American taxpayers roughly $23 million annually. The borough of Kutztown’s government Web site addressed “the noose around the taxpayer’s neck,” stating that a shift toward electronic advertising is an “innovative way to save the taxpayers millions of dollars.” Kutztown officials estimate that residents will save over $26,000, “saving much-needed municipal resources.” “As long as there is a documentary trail as to when, where and how long the notices ran,” said Hale, “this measure will preserve local funds for more important purposes.”

Although modernization is likely to reduce advertising fees and relieve some of the financial burdens plaguing taxpayers, electronic publications will come at a cost. “Savings would be offset by the cost of creating and maintaining sophisticated Web sites capable of managing the large archive of notices that would quickly amass,” said Karen Feridun, Kutztown resident and president of the Kutztown Area Democratic Club. Feridun also expressed her concern for Pennsylvania residents without Internet access, whose access to legal notifications would be eliminated if municipalities choose to display content exclusively online.

A 2007 U.S. Census Population Survey revealed that fewer than 70 percent of Pennsylvania residents use the Internet. Feridun estimates the percentage of residents unable to access online information is actually higher because the study “does not take into account frequency of use or the user’s level of comfort in searching for information” and does not consider the elderly and low-income residents.

“If the state legislature finds it unacceptable that over 30 percent of Pennsylvanians would be denied access to legal notices,” Feridun said, “what they are saying, in effect, is that access to legal notices is not important.”

Deborah L. Musselman, Director of Government Affairs for the Pennsylvania Newspaper Association (PNA), speculated that the state’s recent push for efficiency was “using the recession as an excuse to get rid of this particular window into their activities.” State municipalities allocate less than half of one percent of their total budget to advertise in traditional newspapers.

Traditional newspapers in Pennsylvania currently employ nearly 17,000 residents, many of whom are uncertain about their futures in print media as a growing number of local newspapers are beginning to focus their efforts on online news or cease to exist altogether. “The loss of revenue to newspapers could be devastating,” said Feridun. “In a democracy we rely on newspapers to serve as the Fourth Estate, the guardian of the public interest.”

Despite the growing concerns of the newspaper industry, Hale remains optimistic about the technological shift. “As important as newspapers are, I don’t think subsidizing them is an essential government role, especially when local governments are under great pressure to spend taxpayer funds wisely,” he said. “As the number of papers of general circulation has declined, local papers who often have a monopoly have been able to charge high rates for advertisements; many progressive governments already have moved bid advertisements to the Internet and have seen an increase in competition for government contracts.”

PNA illustrated its position by citing a study conducted last year by the Web Information Company, which compared the online traffic reported by both newspapers and government sites in Lancaster County, Pa. (population of just over 500,000). According to the data collected by the online research, Lancaster newspapers attracted more than 200,000 view s while the government Web site reported only 15,000.

Initially a co-sponsor of SB 419, Senator O’Pake supports online municipal notifications, “but believes too many people rely on newspaper notices to allow online notices to replace print publications.”

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