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Politics & Government

Local Governments Could Advertise Public Notices Online

Could save taxpayers millions, risks abuse for government secrecy.

Newspapers across Pennsylvania may be facing the loss of critical advertising dollars, as the state Legislature considers allowing local governments to put public notices online, instead of in local papers. 

Bills are progressing in the state House and state Senate to eliminate the requirement of publishing public notices in local newspapers. Local government groups say the change could could save millions of dollars each year, but others argue the savings would amount to less than 1 percent of a local government's operating budget. 

Bills S.B. 803, 804 and 805, and H.B. 633 would expand the locations where a local government entity could advertise public notices for meetings and government bids, up to $25,000, to include a local government’s own website and an online newspaper. Currently, local governments must advertise in a local newspaper twice before a meeting and before accepting bids on public contracts. 

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The House Local Government Committee will hold a public hearing on the issue May 19. 

Clifford Allen, president of the PA League of Cities and Municipalities, which represents local governments in Pennsylvania, said the proposals would save their members millions of dollars.

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“We’re all looking for cost-saving measures,” said Allen. “As we become more of (an) electronic lifestyle, more and more people are looking to electronic media for that news. With us, advertising electronically, it may just be a futuristic move.”

Allen also pointed to, under the current scenario, local governments having to determine which two local newspapers to print public notices.

“It is an expense to small local municipal governments, or any government entity, to have to advertise,” said Allen. “And there’s always the debate over whether the newspaper (has) the acceptable general circulation in that area. Electronic advertising is a common ground. I believe it would satisfy the legal requirements of notification.” 

State Sen. Robert Robbins, R-Mercer, pointed to newspaper circulation as a problem in his district. Pennsylvania laws require local governments to post public notices in newspapers with a general circulation for a specified period of time; however, "general circulation" is not defined in the statutes. 

“I don’t have a single newspaper that covers a large portion of my district,” said Robbins. “Subscriptions are regionalized, and their subscriptions are down 20 percent. So (this legislation) is an option. They’re going to be doing it anyway, putting all of their meeting activity on (their websites). They're bidding on (their websites).”

Robbins also emphasized the “may” versus “must” aspect of the legislation. If a local government determines that advertising according to the old rules is better, they are not barred from doing so.

Deborah Musselman, director of government affairs for the Pennsylvania Newspaper Association, which represents 153 weekly newspapers and 79 daily newspapers statewide, said the organization opposes the legislation because it could lead to more secrecy at the local level of government. 

“It really increases secrecy drastically, if they’re going to bury it on their own website, assuming they have a website in the first place,” said Musselman. “Even assuming…that everybody has Internet access, something happens, the borough council made some decision you didn’t know about, how could you ever prove that the notice was or was not online? The newspaper is fixed in print.”

Musselman also pointed to the potential loss of revenue and jobs at print newspapers and said the association's research uncovered a savings of less than 1 percent in local governments' operating budgets on the borough, township and county levels.

“It certainly is an assault against private enterprise, is what it comes down to,” she said. “I’ve never seen governments gang up on one particular industry before like this. I know that jobs would be lost. Our publishers have told us that.”

State Sen. John Eichelberger, R-Blair, majority chairman of the Senate Local Government Committee, pointed to the legislation as being part of a package of unfunded or underfunded mandate relief bills in the House and Senate this session.

“This is a real problem, and we should address it,” said Eichelberger. “This is just another one of these mandates we’re requiring local governments to do--advertise in this way--and it doesn’t make a lot of sense anymore. It’s very expensive, and we know that more people get their information online (than) they do through newspapers. So not only is it more expensive, but it is also less effective.”

Eichelberger, the prime sponsor of S.B. 803, argued that the law would not promote secrecy in local government, pointing to the requirement in the legislation for local governments to first advertise where they have traditionally advertised about the change in public notices. He said he expects the state Senate to address the bills before the legislature recesses for the summer.

State Sen. John Blake, D-Monroe, minority chairman of the Senate Local Government Committee, also expressed support for the bill.

“I think there’s always this concern over the change, as to whether there’s transparency and knowledge,” said Blake. “I think there are things local governments will do differently. It’s really going to be an issue of what the local governments decide, the standards that their own electorate holds them to.”

State Rep. Mario Scavello, R-Monroe, who supports the proposal, said local governments should be allowed to advertise in free community newspapers and weekly newspapers, instead of just daily newspapers. 

“I would like to see it tweaked to include either the free publications that are handed out in the community,” said Scavello. “They probably have more of a reading base than the daily or the weekly paper. That daily (paper) costs…in my county it’s almost a $1 million a year.”

H.B. 633 is before the House Local Government Committee, with a hearing scheduled May 19. S.B. 803 is before the Senate Appropriations Committee. S.B. 804 and 805 are before the Senate Local Government Committee.

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