This session, the state legislature will consider a bill that will remove the requirement that a sample ballot shall be published in the newspaper five days before an election. Frustration over budget problems is leading some legislators down a path that I believe is destructive to a civil society. Some 10 different proposals would delete the necessity for public notice or allow notice to be on websites instead of in newspapers of general circulation.
These bills are truly the slippery slope, and we must urge the legislature to resist such ideas. The public-notice requirement is both constitutional and in state law. It is built upon an important principle: If the government intends to take some action that will limit or change our rights, or that may take our property, then government must provide public notice to the community.
Access to the Internet is still limited in Tennessee, but even of those who do have access, government websites are not exactly popular URLs. It is doubtful that people would pursue investigating the vast variety of notices on the Web.
Notice has always been in a newspaper of general circulation for a very important reason: Community notification creates an essential dialogue on policy issues and problems. The effects of community publication are no small thing to consider. As a society, we discuss what we believe, how we shall live. And we ask, is this just? Notices spur us to action — corporately or as just one lone, principled believer.
Third-party involvement is vital
Inside the halls of government has never been enough to constitute public notice — too few enter through the doors to constitute an informed citizenry. Placing the notice in the hands of a third party for publication ensures that the rights of the second party are protected, and that the intent of the first party is clearly set forth. This is not possible with a government website — traffic is infrequent, information is notoriously difficult to find and often out of date, links break, information can be edited or even deleted. Public notice is not merely a simple posting but a precise legally worded document.
Publication of government's intent to take some action in the place where the community looks to learn of the local happenings — news, sports, births, deaths, opinions and local events — is not a trivial expense to be done away with in lean budget years but rather an essential price of democracy. Rate increases, ballots for elections, meeting notices, annexations and zoning changes, financial reports, constitutional amendments and many other important notices should not exit the public forum and instead be tucked away on a web site where they will rarely be viewed in a regular and timely manner … surely, many will never look at them at all.
Most newspapers of general circulation post the notices on their websites but it is the printing — creation of a permanent record — and the circulation of the notice in the community where all can see it and decide upon its fate that serves to secure our republic.
About Me
- ...
- Business, Free Enterprise and Constitutional Issues. Susan Lynn is a former member of the Tennessee General Assembly. She served as chairman of the Government Operations Committee and the Commerce Committee. She holds a BS in economics and a minor in history. She is the Chairman of the American Legislative Exchange Council's Commerce Task Force.
Thursday, March 17, 2011
Tuesday, March 15, 2011
Public Notice: Under Threat
This year several bills have the State Legislature considering doing away with the publication of public notices in local newspapers in order to save money.
Before you conclude that this is a good idea, consider a few facts.
The state Constitution and state law require publication of public notices. This is due to an important principle of civil societies: if the government is going to take some action to limit or change our rights, or take away our property, it must go out and seek to provide public notice to the citizens of the potential action. It is not mandatory that you read it but a good faith effort must be made by the state to provide the information.
Publication has always meant that the notice must be outside of Government's own halls; in newspapers of general circulation where the community can read them. But to get around this provision, the legislature wants the government to publish legal notices on the state's website and charge for the posting.
While this may sound like an efficient way to gain a new stream of revenue; this sort of publication does not meet the standard of the past; that publication is outside of government's own halls.
In recent weeks we’ve seen governments around the world “switch off” the Internet denying access to its citizens. An Internet switch is currently being considered in Washington. In such a case, what would happen to the notice that the government is constitutionally required to provide?
Meanwhile, over 669,800 out of 2.2 million Tennessee households are still without Internet access (1). This means that those citizens’ chances of ever seeing a public notice will be equal to zero.
The elderly are the most vulnerable because only 28% of those 65 and older use the internet.(2) While most of our legislators have a college degree, and 80% of those with a college degree have the internet,(3) legislators must remember, that equates to only 19.6% of Tennesseans.(4) Only 35% of those without a high school diploma use the internet. And a full 40% of those with a high school diploma still have no internet in their home.
But even of those adults that have the internet – fully 50% say they never seek online news. Will they ever really look at a government web site for legal notices?
The state budget is $29 billion dollars.
It costs a just tenths of a cent per person to print a statewide legal notice informing Tennesseans of a state Constitutional Amendment - about $17,000.
It costs just a few hundred dollars for your election commission to publish the ballot for upcoming elections. In danger too is publication of utility rate increases, annexations, zoning changes and city or county meeting notices.
Consider that the expense for most notices is not born by the government but by individuals who are seeking a court ordered legal claim to your property, to put you under lien, or to take some legal action that will affect your family. Public notice ensures that there is an attempt to reach out and notify you of some action that may affect your rights.
Most newspapers of general circulation post the notices on their Websites but it is the printing; creation of a permanent record, and the circulation of the notice in the community where all can see it and decide upon its fate that serves to secure our Republic. Truly, publication is an essential price of democracy.
Susan Lynn was state representative in the 57th House district from 2002-2010. She is leading EPPC – Education, Public Policy Consulting, a 501 (c)3. For more information visit www.publicnoticetn.com.
1. http://www.census.gov/compendia/statab/2011/tables/11s1156.pdf
2. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf
3. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf
4. http://quickfacts.census.gov/qfd/states/47000.html
Before you conclude that this is a good idea, consider a few facts.
The state Constitution and state law require publication of public notices. This is due to an important principle of civil societies: if the government is going to take some action to limit or change our rights, or take away our property, it must go out and seek to provide public notice to the citizens of the potential action. It is not mandatory that you read it but a good faith effort must be made by the state to provide the information.
Publication has always meant that the notice must be outside of Government's own halls; in newspapers of general circulation where the community can read them. But to get around this provision, the legislature wants the government to publish legal notices on the state's website and charge for the posting.
While this may sound like an efficient way to gain a new stream of revenue; this sort of publication does not meet the standard of the past; that publication is outside of government's own halls.
In recent weeks we’ve seen governments around the world “switch off” the Internet denying access to its citizens. An Internet switch is currently being considered in Washington. In such a case, what would happen to the notice that the government is constitutionally required to provide?
Meanwhile, over 669,800 out of 2.2 million Tennessee households are still without Internet access (1). This means that those citizens’ chances of ever seeing a public notice will be equal to zero.
The elderly are the most vulnerable because only 28% of those 65 and older use the internet.(2) While most of our legislators have a college degree, and 80% of those with a college degree have the internet,(3) legislators must remember, that equates to only 19.6% of Tennesseans.(4) Only 35% of those without a high school diploma use the internet. And a full 40% of those with a high school diploma still have no internet in their home.
But even of those adults that have the internet – fully 50% say they never seek online news. Will they ever really look at a government web site for legal notices?
The state budget is $29 billion dollars.
It costs a just tenths of a cent per person to print a statewide legal notice informing Tennesseans of a state Constitutional Amendment - about $17,000.
It costs just a few hundred dollars for your election commission to publish the ballot for upcoming elections. In danger too is publication of utility rate increases, annexations, zoning changes and city or county meeting notices.
Consider that the expense for most notices is not born by the government but by individuals who are seeking a court ordered legal claim to your property, to put you under lien, or to take some legal action that will affect your family. Public notice ensures that there is an attempt to reach out and notify you of some action that may affect your rights.
Most newspapers of general circulation post the notices on their Websites but it is the printing; creation of a permanent record, and the circulation of the notice in the community where all can see it and decide upon its fate that serves to secure our Republic. Truly, publication is an essential price of democracy.
Susan Lynn was state representative in the 57th House district from 2002-2010. She is leading EPPC – Education, Public Policy Consulting, a 501 (c)3. For more information visit www.publicnoticetn.com.
1. http://www.census.gov/compendia/statab/2011/tables/11s1156.pdf
2. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf
3. http://www.census.gov/prod/2009pubs/10statab/infocomm.pdf
4. http://quickfacts.census.gov/qfd/states/47000.html
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