LegalNotice

Last Check on Power: Saving Public Notices Preserves Transparency and Accountability

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By Kat Leslie

Most, if not all, municipalities in the United States have laws mandating that public notices be published by a third-party independent newspaper—a tradition dating back to the 1700s.This practice is based on the idea that the people of a democracy have the right to know what is going on with their government and the legal proceedings that occur within their community.

Founding fathers like Thomas Jefferson and James Madison acknowledged the vital role of keeping citizens informed about government proceedings. In 1792, then-President George Washington enacted legislation supporting the news industry, affirming the government’s role in ensuring the flow of information to the public.

This lesson of government support of the news industry is extremely relevant today, as communities across the country continue to lose local news sources at an alarming rate.

Over time some states and municipalities have found various reasons to try to stop the practice of placing public notices within newspapers of record. Recent instances, such as Florida reversal in 2022, showcase the potential consequences of such decisions. While legal notices may seem small and innocuous, they often provide an additional layer of transparency within local governments, acting as a final check against potential misuse of power or taxpayer dollars.  

Another recent case involved a local newspaper in Westmorland, Kansas, where a city council initially suspended the placement of public notices in the local newspaper, citing cost-saving measures. It is necessary to point out that the revenue generated from public notices not only sustains newsrooms but also ensures transparency within local governments. This financial support becomes increasingly vital as local outlets serving smaller communities face extinction, to the point that one day Orange County might have no local independent news platform left solely dedicated to covering local news, sports, events, government, and people.

This alarming trend appears not to be an isolated case, as Orange County Legislature was said to be contemplating similar measures. The pressing question is how many representatives are willing to allow the demise of this practice on their watch and accept responsibility for their part in it. 

Responding to anyone advocating the removal of public notices from independent news sources I’d like to quote the words of Ned Seaton, GM and Publisher of a local newspaper addressing the City Council of Westmorland, Kansas. The town decided to suspend the placement of public notices in the local newspaper and then reverse itself when reminded by Seaton of the value and overall benefit the practice itself has for the community as a whole, and of three key implications of the government’s choice to remove notices from newspapers: Budget, Transparency, and Liability. 

I am asking you to reverse your vote last month and instead continue to stand for transparency. I am asking you to designate – as your predecessors have designated for decades – an independent, subscription-supported printed newspaper as the verifiable method of notifying the public of what you’re doing. By doing so, you’ll be not only supporting a regional family-owned business and its employees who cover your meetings, and you’ll be using a cost-effective medium and making a statement that you value government accountability — at least to the extent of four-tenths of one percent of your budget.”

Ned Seaton, GM & Publisher,
Manhattan (KS) Mercury

Seaton’s compelling argument resonated, leading the council to reinstate the practice directly after. That decision resonates not only as a call to support local newspapers but as a testament to the enduring power of print in fostering transparency, community engagement, and government accountability.