The Indiana Publisher

Page 4 January 11, 2017 E very January, I brace for new attacks on the philosophy of public notice advertising in the General Assembly. Some attacks have been broad; bills totally eliminating all published notices. Many are specific–such as the elimination of the publication of proposed budgets by local government in 2014. All attacks have one thing in com- mon–they don't originate from a groundswell of support for Internet publication by the public. Rather the vast majority of attacks originate from the government agencies tasked by Indiana law to inform the public of its actions. Local government lobbying units, such as the Accelerate Indiana Municipalities and Association of Indiana Counties have pushed for an elimination of public notice advertis- ing. More recently, the attacks have come from state government agen- cies, such as the Department of Local Government Finance. Meanwhile, public support remains strong for the required publication of notices. American Opinion Research sur- veyed Hoosiers' views on public notic- es both in 2004 and 2014. It found in 2014 that 61 percent of adult Hoosiers read or have seen public notice adver- tising in newspapers. There was only a slip of 3 percent, down from 64% in 2004, of those who read or see public notice advertising. Even more Hoosiers support the publication of public notices than the number that report seeing them in the newspaper. The percent that support keeping the public informed through public notice advertising was 85% in 2014. When it was pointed out to those taking the survey that taxpayers pay for the publication and it can cost gov- ernment units several thousands of dollars, support for the publication of notices only dropped to 61%–that's 3.1 million adult Hoosiers. Why should newspaper publication continue to be the format for public notice rather than government web- sites? Public notice should be given through an independent entity to ensure the notice is given in a timely manner. It serves as a check on gov- ernment officials who would prefer that citizens don't show up for public meetings and ask questions. Public notices should be archivable. With a hard copy in hand, there's no question as to when the required pub- lic notice was presented to the public. Public notices should be verifiable. Newspapers are self-authenticating in the courts. You know when the newspaper was printed and distrib- uted to the general public. Websites are subject to cyber-attacks or can be manipulated by the government entity to make notices hard to find. Public notices should be acces- sible to all segments of the citizenry. Newspapers remain a bargain for sub- scribers and non-subscribers generally can find a newspaper at work, in the library or through a neighbor/friend. The added value to newspaper pub- lication is that it places public notices in the hands of Hoosiers who aren't necessarily looking for the informa- tion. Most people don't know when annual financial reports for local government are published, or tax rate charts or school performance reports, but they find this information while reading their newspaper. Hoosiers aren't going to routinely check mul- tiple government websites on a weekly basis to see whether anything has been posted that will directly impact or interest them. Many bureaucrats find it a pain to publish public notices. They have to take into account the deadlines of weekly newspapers and count back the appropriate number of days to meet notice publication deadlines. They have to retrieve tear sheets as proof of publication and cut checks to pay for the publication. What's the reward for this work by government officials? Citizens attend meetings or make phone calls to express their opinion on controversial actions under consideration. It would be so much simpler if the public didn't bother them so they could act as they see fit. Citizen involvement is a pain for bureaucracy. That's why Hoosier State Press Association expects bills to be filed every year that impact government transparency. Steve Key is executive director and general counsel for the Hoosier State Press Association. Key Points Steve Key Attacks on public notice ads continue LIKE THE HOOSIER STATE PRESS ASSOCIATION ON FACEBOOK FOR INDUSTRY NEWS, DEADLINES AND UPDATES. Superior Court. The trial court also ruled against Groth, who decided to appeal that rul- ing to the Indiana Court of Appeals. At that point, the Governor's office added the separation of powers argu- ment, based on the recent Citizens Action Coalition of Indiana v. Koch decision by the Indiana Supreme Court. The ruling reaffirmed the court's position that it would not interfere with the internal functions of the legislature due to the separation of powers between the two branches of state government. Court of Appeals Judge Edward Najam Jr. wrote in the 33-page deci- sion that the governor's assertion that the court shouldn't interfere "would, in effect, render APRA meaningless as applied to (Pence) and his staff. APRA does not provide for any such absolute privilege, and the separation of pow- ers doctrine does not require it." Judge Najam pointed out that the Citizens Action Coalition decision was based on a specific exception to disclo- sure in APRA and that the governor had no corresponding special excep- tion to rely upon. While preserving the court's ability to rule on APRA cases brought against the governor, Najam's decision, joined by Judge John Baker, found the gov- ernor's denial of access to the white paper was proper under APRA as attorney-client privilege and delibera- tive material. Groth's attorney had argued that when the strategic document pre- pared by Texas was shared there was no attorney-client relationship. The Court of Appeals ruling cites a "com- mon interest privilege" for parties to share information from an attorney without waiving the attorney-client privilege so parties have sufficient information to determine whether they want to join in a lawsuit. Indiana was one of 25 states that joined the Texas lawsuit. Judge Nancy Vaidik agreed with Najam and Baker on the separation of powers question, but disgreed on the common interest privilege con- clusion. In her partial dissent, she said the white paper was a lobbying tool to convince other states to join the lawsuit, which would not be pro- tected from disclosure. Without an agreement between the parties, the common interest privilege should not apply. "The decision is a relief because as Judge Najam points out if the governor's attorney had prevailed, the Access to Public Records Act would have become meaningless as to the governor's office," said Steve Key, executive director and gen- eral counsel for the Hoosier State Press Association. "Coupled with the Citizens Action Coalition decision, such a ruling would have crippled that statute when it comes to two of the most powerful government units in the state." According to Groth's attorney Greg Bowes, a decision to appeal the ruling had not been made as of Tuesday. APRA Continued from Page 1 News in brief Reporter fulfills life dream Jeff Stanton began his career in the newspaper business as a newspaper carrier for the News- Examiner. Stanton now finds himself this week fulfill- ing a lifelong goal being named as the News- Examiner's new community reporter. Stanton replaces former News-Examiner reporter Will Fehlinger. At prior posts, Stanton has served as a report- er, photographer, editor, page designer, pagina- tor, and sports writer. An opportunity to be a part of The News- Examiner, was always something on Stanton's mind during his career, he said. Stanton cannot wait to tell the stories of the people in his hometown. – News-Examiner (Connersville) Hazelwood School District v. Kuhlmeier to censor content in student publications. The decision allows administrators to control con- tent if the basis is "reasonably related to legiti- mate pedagogical concerns." "Unfortunately, educators sometimes believe legitimate news should be censored," said Steve Key, executive director and general counsel for the Hoosier State Press Association (HSPA). "There was a situation in Franklin Township (Indianapolis) where an advisor was punished for allowing students to report on a murder allegedly committed by a student." HSPA will support this legislative effort by stu- dent journalists. H.B. 1130 has been assigned to the House Education Committee, chaired by Rep. Bob Behning, R-Indianapolis. According to IHSPA and ICPA, 19 other states have groups working with legislators to protect stu- dent journalists. There are 12 states with statutes or rules protecting the First Amendment in schools. The grassroots coalition of student journalists operate under the name "New Voices of Indiana." The group says students are "embedded journalists" informing communities on how effective schools are performing. Freedom Continued from Page 1 The Hoosier State Press Association welcomes Sarah Elser as a legislative assistant for the 2017 session of the Indiana General Assembly. Sarah was a 2014 Indiana University graduate, and currently second-year law student at IU McKinney law school. Elser comes to the association as an accom- plished student athlete who is heavily involved in extra-curricular activities. She was a three-time academic All-Big Ten member of the IU rowing team, and dean's list member. In law school, Sarah was also a moot court competitor, and is a member of the women's caucus. Joining Elser on the legislative assistant team is current HSPA communications specialist, Jamar Cobb-Dennard. Cobb-Dennard will continue his marketing responsibilities as he assists with the association's legislative agenda. HSPA assembles legislative team Sarah Elser The Hoosier State Press Association released a new video that promotes its Power of Two adver- tising service. Power of Two makes it easier to place ads in multiple papers. The service allows advertisers to reach a wider audience with less effort. With one call, an ad can be published across Indiana or the country. The billing for the service is also consolidated. Visit www.hspa.com to view the video and learn more about how Power of Two can help your clients get more done faster. 1.5M readers for one price

• Cover