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 Altoona Mirror — 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 the Altoona Area School District wanted to convene a meeting next week to increase real estate taxes for 2025-26, thereby reversing Monday’s vote to hold the line. 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 Altoona Mirror which would print and distribute thousands of copies, then post the notice on its newspaper website and subsequently 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 public meeting notice.
And if that’s not enough to convince you to tell your local lawmaker to back away from Senate Bill 194, think back to a few weeks ago when Blair County commissioners were going to rely on eminent domain to seize ground from a local cemetery to construct a prison.
To comply with current law, the county placed a public notice in the Altoona Mirror, identifying parcels to be seized along with a meeting time and location where commissioners would vote on the seizure.
The Mirror not only published the public notice, but it also repeated the public notice’s eminent domain information in its news stories to help the public know more about the commissioners’ intentions — which they subsequently backed away from.
Those lawmakers who think that putting a public notice on a governmental website qualifies as sufficient public notice should spend some time reviewing governmental websites — when they can find them. About a third of Blair County’s local municipalities don’t have websites. And of the ones that do, some of them haven’t yet figured out how to post their meeting agendas at least 24 hours in advance — with all items to be discussed — as state lawmakers required when adopting Act 65 of 2021.
At this time, the best option for modernizing the law governing public notices — and keeping those notices in the hands of the public — 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. And in areas where they don’t, public 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.
Without a doubt, public notices have long been a valuable tool in governmental transparency. But to remain valuable, public 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.