The New York Times reported last month on several incidents in which public officials revoked public notice contracts “in an effort to punish their hometown newspapers for aggressive coverage of local politics.” The story included two recent cases in New York state.
New York isn’t the only place where public officials sometimes seek to retaliate against those they perceive as enemies. But the state’s folkways and traditions, along with its arcane and antiquated public notice statutes, often result in the chaotic administration of the law.
Cuomo uses emergency powers to suspend notices
Before it approved a budget in the early morning hours and left Albany last month as the coronavirus first struck the state with full force, the New York legislature granted Gov. Andrew Cuomo (pictured at left) emergency power to suspend laws he believes compromise public health. The governor has not been shy about exercising his new exigent authority.
On April 20, Cuomo issued an executive order that, among other things, allowed cities and towns in the state to file property tax assessment rolls up to 30 days later than the June 1 statutory deadline, and authorized them to publish the assessment notices “solely online so long as the date for hearing complaints is prominently displayed”.
New Kentucky public notice law maintains status quo ante
After following a convoluted path that included two different bills, half a dozen amendments, five floor votes and a grand compromise, the Kentucky legislature passed a bill last week ensuring that the state’s public notice law would remain mostly unchanged.
The original public notice provisions of both HB195 and HB351 would have moved all government notice in the Bluegrass State from newspapers to government websites. Following a compromise earlier this year between the Kentucky Press Association (KPA) and the associations representing cities and counties in the state, HB195 was amended to exclude counties with population under 80,000. That amendment brought it closer to the state’s current law — passed two years ago and due to sunset this summer — which allows counties with population above 90,000 to run notices on their own websites; decreasing the population threshold by 10,000 would have increased the number of website-notice-only counties from eight to ten.