A conversation about public notices

They’re gray. They’re not very attractive. They’re sometimes confusing. But they are essential to the public’s ability to know what its government is doing…and when.

They are public notices, also called legal notices, and they are in your local newspaper for a reason: to keep you informed.

Unfortunately, there are several bills in the Virginia legislature this year that  would tell local governments, “Hey, instead of putting public notices in the newspaper as you have done for decades because that’s where you’ll reach the most people, it’s OK to put them on your local government website.”

Here’s how the rest of the conversation goes.

“Where on the government’s website are the notices?”

“Anywhere. And it can be in a different place or labeled differently for each locality. Fairfax County may put it on their home page under ‘Legal Notices,’ but Arlington may put them on a page for the County Manager’s Office under ‘Important Notices.’ Citizens will have to figure it out.”

“I live in Albemarle County, but I work in Charlottesville. I used to see notices for both the town and the county in the local papers for issues I care about. But now I have to go to both government websites?”

“No, actually, you have to go to just one. But you’ll have to figure out which one because the proposed bills only require the one government entity -- Albermarle County or Charlottesville, in our example -- to publish notice of what’s going on, even though citizens who live, work, own property or run a business in the other may be affected.”

“Are the websites the only way I can see public notices?”

“No, the bills’ sponsors say that localities can always decide to publish notice in the papers as well as on the website. But, they don’t have to publish in the papers, and there’s no criteria for when they will or won’t use the papers. In one bill there’s also the option to use text messaging, local public-access cable, at the library or the paper. Localities can pick two of the above options. But again, there’s no criteria for when any two options should or shouldn’t be chosen, and there’s no stopping the locality from choosing different combinations for each notice.

“Newspapers are dead, man. Why shouldn’t we take advantage of modern technology?”

“For some of us, it’s hard to imagine. We have smartphones, iPads and computers, and we use them every day, all day. And the people we’re usually around personally or professionally are totally wired just like us. But my 83-year-old father? Not so much. Nearly one-quarter of Virginia’s population is not wired to the Internet. We’re just not there in terms of relying only on the Internet (or even text messages) to get important word out.”

“This is really just about keeping newspapers afloat, right?”

“Wrong. This is about public access to government information so that citizens can be aware of what their government is doing, and can then take action. Full participation in the democratic process requires access to information. (VCOG, by the way, does not benefit from having the notices in newspapers, nor do groups like the League of Conservation Voters and the AARP, both of whom also oppose the bills.)”

“OK, but just think of the money we can save.”

“The actual amount spent on newspaper advertising is a small percentage of a locality’s operating budget. Also, sometimes the cost of something is justified when compared against the alternative. You can save the public’s money, but you’d be doing it at the same time you’re making it harder for the public to keep tabs on what you’re doing.”

HB733 is the omnibus public notice bill. It will be heard in the #2 subcommittee of Counties, Cities & Towns. That subcommittee meets Thursdays at 7 a.m. It’s not currently on the agenda for this Thursday, Feb. 2.

Please contact the following subcommittee members and tell them it’s not time for publication in newspapers to be optional. Tell them we need public notices in newspapers.

Del. Danny Marshall  (Chairman)

Del. Keith Hodges

Del. Algie Howell

Del. Barry Knight

Del. Donald Merricks

Del. Rick Morris

Del. Lionel Spruill

Del. Chris Stolle

Del. Luke Torian

Del. Onzlee Ware

Del. Tony Wilt