Hoosier State Press Association - The Indiana Publisher
Issue link: https://www.ifoldsflip.com/i/129291
Page 4 May 9, 2013 Newspaper industry, know thyself O ur industry's product is news, but it appears we need to do a better job of spreading the news about the impact of newspapers in a community. There were four bills filed in the 2013 legislature with the intent to divert either all, some or a particular public notice from publication in newspapers to posting on government websites. Two of the bills received hearings – one in the House and one in the Senate. Once it was shown how effective newspapers are compared to government websites and that Hoosiers want and expect the notices to be published, none of the four bills moved forward with the language impacting publication of public notices. The authors don't have a hatred of newspapers or a hidden agenda to make public notices less accessible to Hoosiers. They genuinely believe the Internet is a better option than newspaper publication. "My local newspaper is a thin, little thing that people don't read," said one southern Indiana representative. "Comparing newspaper circulation to unique visitors to a website isn't an applesto-apples comparison, it's apples-to-watermelons," a central Indiana senator said. "Anyone in the world can access a website so it's more accessible than a newspaper with its limited circulation." (I couldn't get him to appreciate that what people actually see is better than what they could potentially see.) We obviously need to kickstart our self-marketing. Newspapers are not dying, and public notices published in newspapers remain the most effective means for government units to inform the public of actions taken or contemplated. But are we individually telling our communities either story? In my April 25 column, I talked about a Newspaper Association of America-funded Nielsen survey that scored newspapers the highest in Key Points By Steve Key audience engagement and advertising efficacy. Did your newspaper run that story? Has your newspaper sought a copy of the study to parse relevant statistics to leave with your advertising clients? In examples shared by HSPA members, Indiana newspaper circulation, either print alone or print and unique visitors to newspaper websites, beat out the unique visitors to local government websites almost universally. Has your newspaper created a house ad showing the measurable reach you have in your community? Are we touting public notice advertising's effectiveness and value to readers? Sarah O. Wilson, publisher of The Rochester Sentinel, noted that the public notices HSPA Hotline The following questions came from the Pulaski County Journal (Winamac), a charter school director, The Benton Review (Fowler) and The News and Review (Monon): Q The three commissioners in Pulaski County met recently behind closed doors. They said the meeting was for an iPad tutorial. When I called them about it they invited me to attend the meeting, but no public notice of the meeting was made. I'm thinking this is not a violation, but what do you think? Also, do the commissioners have to take a final action on purchasing iPads? There was discussion at several meetings, but a final vote was not taken. Should there have been a final vote since county money was used to buy equipment for elected officials? A If they only received iPad training in the private session, then it didn't fit the definition of a meeting under the Open Door Law because its purpose was not to take "official action upon public business." If it wasn't a meeting, there was no need to give notice under the Open Door Law. As to a final action on the purchase of iPads, they wouldn't have to specifically vote on the purchase but could approve it through the payment of claims (bills). The iPad invoice could be approved through a motion to approve a list of claims presented to them by the auditor. But an action one way or another should have been approved. Q I am a director on the board of our local charter school. Our board president believes that, because our ballots will be distributed to members, those ballots cannot be cast in secret based on IC 5-14-1.5-3 (the Open Door Law provision prohibiting secret ballots). Our legal counsel agrees with him. I think he's mistaken because I don't believe our membership is a governing body. The qualifications for membership are only that one has a student at our school, be an employee of the school, or serve on its board. Other than the board members, none of those positions are elected. Can you help me? A The Open Door Law (IC 5-14-1.5) applies to the governing body of the charter school. It doesn't sound like that is the group casting ballots in this election, so the secret ballot prohibition would not come into play. If you want an additional opinion that you could legally rely upon in case someone later challenged the action, ask Public Access Counselor Joseph Hoage. I'm confident that Joe will agree with my take. Q Can the required publication of notice of a sheriff's sale (mortgage foreclosure), which must run three times, be split up? Can it run two weeks in one publication and then run one week in another publication within the same county on consecutive weeks? A A court would look for publication in the same newspaper based on the wording of the statute. IC 32-29-7-3(d) says the sheriff must advertise the sale by publication once each week for three successive weeks in a daily or weekly newspaper of general circulation. Splitting the notices between two different publications would not satisfy the law's requirement for three printings in a daily or weekly newspaper. Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@ hspa.com or (317) 624-4427. section on her paper's website is the No. 4 page in popularity – trailing only the front page, obituaries, and classifieds. When was the last time you had an editorial explaining the purpose behind public notice advertising and why newspapers are the best medium for its distribution? All newspapers enjoy the steady, reliable income stream from public notices, even at a state-mandated discount. Does your newspaper just run those notices tucked away inside a section in the smallest type allowed with no special attention, either through stories or house ads, or do you market public notice advertising? Do you routinely write a story based on a public notice in the newspaper and refer readers to that notice and others published in that edition? Kathy Tretter, publisher of The Ferdinand News and Spencer County Leader (Dale) recalled how a public notice advertisement concerning the Victories Continued from Page 1 Before Bosma asked Pierce to wrap up his comments so he could pull the bill from debate, Pierce explained that sharing photos taken in a restaurant of cockroaches with the advice not to eat there would be a crime under the bill. The bill died when time ran out to craft another version of the conference committee report. State Sen. Travis Hold man, R-Markle, authored S.B. 373. State Sen. Brent Steele, R-Bedford, served as co-author. State Rep. Bill Friend, R-Macy, sponsored it, joined by state Rep. Don Lehe, R-Brookston. Holdman's original language would have made it a crime to disseminate photos or video taken of agricultural, manufacturing or mining operations without the consent of owners. Road Show Continued from Page 1 sessions featuring: • Ways reporters can stay on the watchdog beat no matter what their regular assignments. • Information on obtaining access to public records and what to do if officials turn down records requests. • How to effectively organize databases for data-driven stories. • Ideas on cultivating and keeping reliable sources. The cost is $30 per person by the early-bird deadline of May 31. After that, registration is $40 per person. Light sale of surplus property generated more than 50 bids for grass-cutting equipment. Has your newspaper written a story about the reaction generated by publication of a public notice? When Bill Masterson, exiting publisher of The Times (Munster), attempted to convince a Lake County school administrator to switch the district's publication of notices from a weekly to his large daily, he said this was the response of the superintendent: "When people see public notices, they come to meetings and give us crap. Why would I want to put them in your daily where even more people would see them?" What a ringing endorsement for the effectiveness of public notices and newspapers. Don't be shy. Let your community know the value of newspapers and the value of public notice advertising. Steve Key is executive director and general counsel for HSPA. Four bills contained anti-public notice advertisement language: S.B. 458, H.B. 1589, H.B. 1427, and H.B. 1321. S.B. 458 died in the Senate Local Government Committee when its chairman, state Sen. Randy Head, R-Logansport, decided not to call for a vote following testimony. The bill would have eliminated all publication of public notices in favor of Internet posting on government websites. State Sen. Jim Banks, R-Columbia City, authored the bill. H.B. 1589 would have moved procurement public notices from publication to websites. It died in the House Government and Regula ory Reform t Committee when its chairman, state Rep. Kevin Mahan, R-Hartford City, also decided not to call for a vote following testimony. State Rep. David Ober, R-Albion, authored the bill. HSPA testified against both bills. H.B. 1427 contained a provision to eliminate the September publication of school financial reports. A second-reading amendment voice vote on the Senate floor removed the offending public notice language. State Sen. Earline Rogers, D-Gary, offered the amendment, also supported by state Sen. Dennis Kruse, R-Auburn. H.B. 1427's author, state Rep. Rhonda Rhoads, R-Corydon, filed a dissent on the bill but did not push for the publication elimination in her conference committee report. State Rep. Matt Leh man, R-Berne, authored H.B. 1321 for the Depart ment of Insurance. It included language to eliminate the publication of statements of condition by out-of-state insurance companies. Lehman removed the offending language from the bill after talking with HSPA and Department of Insurance Commissioner Stephen Robertson. breakfast, lunch and a 2013 AP Stylebook are included. Journalists can register by filling out the form at www.HSPAfoundation.org/ roadshow. Other information and the brochure that newsrooms received by mail also are available on that website. The annual workshop provides excellent training at a low cost for HSPA members. Road Show speakers have a variety of experiences to share with attendees. Annie Goeller, assistant managing editor at the Daily Journal (Franklin), will present a session on staying vigilant for potential watchdog stories even while busy covering a regular beat. Steve Key, HSPA's executive director and general counsel, will present a session on the Open Door Law and Access to Public Records Act. Laura Lane, the criminal justice reporter at The Herald-Times (Bloomington), will talk to journalists about how to find the right sources – and get them to talk. Mark Nichols, the computer-assisted reporting coordinator for The Indianapolis Star, will teach attendees how to build a simple database in an hour to maximize data-driven reporting efforts.