Proper Public Notice is Essential – Two examples that didn’t meet the test

Along with open meetings and freedom of information laws, public notice is an essential element of the three-legged stool of government transparency. The Attorney General of Kentucky and the State Auditor call into question the validity of tax and bond votes when appropriate public notice was not given.
KY attorney general says Fayette school board didn’t give public notice before tax vote

 AG Coleman: Fayette County (KY) Schools Tax Hike is Unlawful
Office of the Attorney General

(June 4, 2025) – Attorney General Russell Coleman announced today the Fayette County Public Schools (FCPS) Board unlawfully attempted to raise taxes on Kentucky families. General Coleman released a formal Attorney General’s opinion that found the FCPS Board failed to meet the state statutory requirements to provide public notice before levying an occupational tax increase at its May 27, 2025 meeting.

Senator Amanda Mays Bledsoe (R-Lexington) first requested the Opinion of the Attorney General after hearing from her constituents about the unlawful tax hike.

“Tax and spend government is a danger to Kentucky’s future, especially when officials who should be accountable to Fayette County voters try to ignore the rules to raise taxes,” said Attorney General Coleman. “If the Fayette County School Board members believe they need more of Kentuckians’ hard-earned dollars, they should clearly and publicly make their case before their own constituents.”

The Office of the Attorney General is responsible for providing legal opinions to public officials to assist them in the performance of their duties. Opinions of the Office are persuasive in Kentucky courts and public officials are expected to follow them.

Auditor Fitzpatrick provides clarification on his duty to ensure compliance with state law when certifying bond issues
Fitzpatrick reminds taxpayers he has a duty to uphold laws that were designed to promote transparency in the election process
06/12/2025 – JEFFERSON CITY, Mo.  – Office of the Missouri State Auditor 

In the wake of being notified by bond counsel that some bond issues failed to comply with the notice requirements of state statute and therefore would not be submitted to his office for certification, State Auditor Scott Fitzpatrick today clarified that his office has a duty to uphold laws that were designed to promote transparency in the election process. Fitzpatrick, whose office is mandated by statute to ensure all applicable laws have been complied with before certifying a bond, said he cannot and will not turn a blind eye to cases where the very specific requirements laid out in statute have not been met.

“I have the utmost respect for voters and the decisions they make at the polls, but I also have a mandatory statutory duty to review these bond issues to ensure they have complied with all the notice and transparency requirements set forth in state law. While some want me to sweep these errors under the rug, that would not be the right thing to do. As State Auditor, it’s my job to call balls and strikes, and I cannot in good faith certify that state laws have been complied with when I know they have not,” said Auditor Fitzpatrick.

Section 108.240 of the Missouri Revised Statutes require the State Auditor to examine the bond transcript to ensure all state laws have been complied with in the issuance of the bonds. Section 115.127.2, RSMo, requires public notification of an election to be published in two qualified newspapers in the election area with one taking place in the second week prior to election, and the other occurring within one week prior to election. Fitzpatrick noted case law has made it clear there is no wiggle room when it comes to compliance with the notification requirements. He cited State ex rel. City of Berkeley v. Holmes which clearly stated that the legislature was very specific with the requirements that must be met and it cannot be held that “anything less is a substantial compliance with them.”

Specifically addressing the issue of a $6.5 million bond issuance approved by voters in the Hallsville School District, Fitzpatrick pointed out that the bond was never submitted to his office for certification. Instead, the bond counsel for the district reached out to the State Auditor’s Office to inquire if several hypothetical scenarios met the publication requirements in state law without identifying any specific bonds. After the State Auditor’s Office provided a response to these inquiries, bond counsel informed the office that some bonds failed to meet the publication requirements and would not be submitted for certification. Fitzpatrick noted that a similar bond issue for the Centralia School District was submitted and certified by his office based in part on the representation of bond counsel that the publication requirements were met, when in fact they were not.

“I am a strong believer in transparent government. Without transparency, Missourians lose control of their government and are left in the dark. Some say, myself included, these election notice laws are antiquated and they need to change, and if the General Assembly wants to change state law, I am ready to be part of that solution. But until that happens, this is how we tell Missourians what’s going to be on their ballot, and making sure Missourians know what they’re voting on is critical. I believe Missourians want elected officials who strive to uphold the law the way it’s written, rather than those who ignore laws they view as inconvenient. I will continue doing the job Missouri voters elected me to do, and I urge the various political entities that put bond issues on the ballot, and the law firms they pay handsomely to serve as bond counsel, to start doing a better job of complying with laws they should already be extremely familiar with,” said Fitzpatrick.

More States Considering Newspaper’s Digital Edition as Legal Notice

There are an increasing number of states with legislation under consideration or enacted that would allow public notices to be published in a “digital newspaper” in lieu of or in addition to publication in the print edition. States that are considering an expansion like this should be cautious and mindful of the detractors that may come out of the woodwork to allow government bodies to put public notices on their websites or fly by night sites that want to put notices up.

Be prepared for alternatives to be presented. In Michigan during a recent discussion with a legislator who has consistently supported newspapers warned that the outcome might not be what the MPA intended. The press association is studying other states to examine the laws already enacted and proposals to create the language with the best fit for the state and odds of passing.

Digital newspaper editions as a compliment to the print edition are growing as newspapers look to expand access to their readers.

Local newspapers continue to be the most trusted source for what is happening in communities. Whether print or an e-edition they are where public notices are found. Among the many reasons newspaper notice is best an important point is that it aids citizens ability to gather information about public events without having to search multiple websites wondering if any notices were posted.

PNRC is available to consult with your state efforts to keep public notices in newspapers or their digital successors. We have written letters of support and are willing to give video testimony to oppose harmful legislation or state the case for the importance of public notice with essential elements of public notice: Independence, Accessibility, Verifiability and Archivability.

State Run Websites continue to be considered by legislators as an alternative to newspapers. Please keep us in mind for assistance. As US President Ronald Reagan said, “The nine most terrifying words in the English language are “I’m from the government and I’m here to help.”

Please let us know if you have a state run public notice website and how it is functioning. Contact Jim at admin@pnrc.net or 312-961-7197.

CNJ decision guarantees newspapers as the most effective and safest medium for legal advertising
ANJ – National Association of Newspapers

The war on newspaper public notice is ongoing in the United States and elsewhere. In Brazil, The National Association of Newspapers (ANJ), and other partners achieved a win for Brazilian newspapers in a decision by the National Council of Justice (CNJ) that retains newspapers (in print or digital edition) as an appropriate, reliable and traditional means of distributing legal advertising. The decision acknowledges newspapers as journalistic companies recognized for their credibility, wide circulation and commitment to transparency and public interest. ‘By preserving this practice, we strengthen the principles of transparency, access to information and legal certainty – essential pillars for democratic coexistence in our society’, the National Association of Newspapers statement points out.

 What’s Happening Around the Country?

Texas
Texas SB 1062
The bill modifies public notice publication requirements, expanding the definition of acceptable newspapers for official notices. Currently, newspapers must meet specific criteria like publishing at least weekly, having at least 20% general interest content, and being in circulation for 12 months. The bill adds a new option allowing governmental entities to publish notices in digital newspapers, provided those digital outlets meet six specific qualifications: they must have an audited paid subscriber base, have been in business for at least three years, employ local staff, report on local events and governmental activities, provide news of general interest to the local jurisdiction, and update their news at least weekly. This change provides more flexibility for governmental entities in how they communicate public notices, potentially making information more accessible through online platforms while maintaining standards for credible news sources. Enacted

New York
New York S07053
Authorizes counties to post local laws and notices via the internet where such county does not have a newspaper published within the county.

This bill amends the county law to provide an alternative method for publishing official notices and local laws in counties without a local newspaper. Specifically, the bill creates an exemption from the existing requirement that counties publish legal notices in a designated newspaper. Under this new provision, if a county does not have a newspaper published within its boundaries, it may instead publish local laws and official notices through an official county website or another state-run digital platform. This change addresses the challenges faced by rural or sparsely populated counties that may lack a local newspaper, ensuring that residents can still access important government information by providing a digital alternative for public notices. The bill would take effect immediately upon passage, offering counties without local newspapers a flexible and accessible method to communicate official information to their residents.

Rhode Island
Rhode Island H5364
Reduces number of newspaper ads required for self-storage lien sales from two to one and reduces the amount of time such notice must be published “on a publicly accessible website identified in the rental agreement” from two weeks to seven days. Current law allows notice to be published in a newspaper or on a website.

Alabama
Alabama HB320  
HB320 requires public works contracts exceeding $100,000 be on a new centralized website maintained by the Department of Finance in addition to the existing newspaper publication requirements.
It also created a Study Commission on Public Notice of Title 39 Advertisements, composed of representatives from various state agencies, educational institutions, and construction associations, to study and make recommendations about the centralized website for public bid notices. Enacted [PNRC notes – newspapers were not listed as Commission participants]