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home : opinion : editorial July 30, 2010

3/8/2010 8:56:00 AM
Shifting posting requirement to Web puts onus on citizens to 'surf' for public notices
Fox, who spent more than 24 years in weekly and daily newspapers and also served a decade in state government, is executive director of the Wisconsin Newspaper Association and is a director of the Wisconsin Freedom of Information Council.

By Peter Fox
Exec. Director, Wisconsin Newspaper Association


Four bills now moving through the state Legislature, seemingly small in scope, threaten to undermine Wisconsin’s public notice laws. 

What’s the big deal? The answer, unfortunately, is a lot. The proposed changes would reverse the historic duty of government to keep citizens informed of what it is doing. Instead, the proposed changes would shift the burden, forcing the people to track down day-to-day official information.

Ironically, this occurs as the March 14-20 national “Sunshine Week” nears. The observance is a non-partisan initiative to appreciate the importance of open government and freedom of information.

Participants include civic groups, libraries, nonprofits, schools, private citizens, public officials, news-gathering organizations and anyone else interested in the public's right to know.

Because there are limitless government activities that affect our lives, state law contains dozens upon dozens of directions for how citizens should be notified of those actions  Some laws apply to different levels of government while others apply specifically to towns or to villages, cities, counties or school boards.  Some laws deal with publication in official municipal newspapers; others deal simply with posting notices in public places – out among citizens.

The four bills would reduce the long-standing, requirements for three public postings of notices in situations as varied as abandoned goods in storage-units, giving notice of public meetings, and the court-ordered sale of personal goods or property to satisfy a judgment. They are Senate Bills 276 and 541, and Assembly Bills 546 and 707.

Each of these bills eliminates at least one physical posting of a public notice. The trade-off is to “allow” the public to go to a government-run Web site to ferret out their own information.  And incredulously, one bill permits an “official” site that is owned by the Wisconsin Self Storage Association!

The value and reach of the Internet is obvious. Local government Web sites can serve a purpose as an additional information source. But they should not be a substitute for established public notice.

Fundamental change should not be made because some self storage unit owners, real estate salesmen and civil-process servers complain about inconvenience to them in following established public notice requirements.



IN ARTICLE Flower Studio

Poor justification

At recent legislative hearings, two legislators seemed to justify their bills when they observed the absence of citizens to protest changes, and that the Wisconsin Newspaper Association (WNA) – whose members would not be affected by the changes – was the only opposition.

The response is that a traditional role of newspapers is to be a “watchdog” on government, and WNA was there because it is doing its job. Never mind that the hearings were scheduled with only a couple days’ notice, making it difficult for “average citizens” to attend. Besides, citizens would hope that legislators would put the interests of the “average citizen” ahead of special interests.

The point is that government-operated Web sites don’t push notices out to anyone.  While accessible to everyone with a computer, those sites notify no one. Advocates say these changes are “efficient” for public officials. But no where in this state – or in this nation – is a public notice requirement based on convenience to the governmental unit. It needs to be convenient to the people.

Possibly because they are so “wired in” at the State Capitol, many legislators advocate shifting all public notices to the Internet.  Would they take that position if they were just regular members of the public who don’t have a lot of time in their personal lives to check up on what government is doing.

But, you are the judge: Do you believe that government is obligated to reach out and inform the public?  Or would you rather be the responsible party to keep tabs on things?

Happy Sunshine Week.



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Related Links:
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POWER BLOCK Hallman Lindsay




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