The Indiana Publisher

Page 4 October 24, 2013 Public notices belong in newspapers T he critics of public notice advertising argue that government websites should replace publication in local newspapers. Not so fast, I say. Government websites would hide the information in plain sight because citizens don't routinely check the multiple websites of state and local government to determine what is happening in their community. They read newspapers – in print and online – for that information. This year the Indiana Department of Environmental Management decided to use a federal law loophole to ditch public notice advertising for certain Environment Protection Agency-required hearings. They dropped notices in five Indiana newspapers with a combined daily circulation of 382,000 for posting on the IDEM website. The average unique visitors total 105 per week for that particular web page. But critics say newspaper circulation doesn't translate into people actually reading the newspaper. Why then was a Lake County school superintendent opposed to moving the district's public notices from a 700-circulation weekly to the The Times (Munster), a 68,500-circulation daily? The superintendent told then-publisher of The Times Bill Masterson, in a nutshell: "Why would I want to do that? When we run notices, people come to meetings and Key Points By Steve Key give us crap. So why would I want more people to see them?" A survey by American Opinion Research (released in 2004) found that 73 percent of Hoosiers said local and state governments should be required to publish public notice ads in newspapers. A follow-up question noted that government units must pay for such notices, but 73 percent continued to say the notices should be published in newspapers. Officials complain about the financial burden of paying newspapers to run public notice advertising. They argue that putting it on government websites would be cheaper. So what is the price of effectively reaching as many of the 4.945 million adult Hoosiers through a medium that they welcome into their homes and businesses – actually pay to have delivered? Based on estimates presented by the Association of Indiana Counties and taking into account legislative changes over nearly 20 years, taxpayers will spend $2.04 million to place public notices in newspapers this year. That's 41 cents per adult resident of Indiana. HSPA Hotline The following questions came from the The Republic (Columbus), South Bend Tribune and The Rochester Sentinel: Q We had a recent situation where a city council member stepped down and the party called a caucus of precinct committee members to appoint a new council member.  The Republican Party chairwoman took the position that under state law she did not have to release a list of the precinct committee members she has appointed to fill vacant positions. According to the party, the names of those who ran for the positions and won in an election are public, but appointed positions are not.  Participants and non-participants are alleging the appointees are all friends, relatives and neighbors of the chairwoman, and many do not live in the city. It appears that more than 50 of our 66 precincts have appointed rather than elected committee members. Do you know of any legitimate reason why the party doesn't have to release the full list? A Generally, a political party is not subject to the state's public access laws because it is not a govern- Seminar Continued from Page 1 awards presentation starting at noon. The personal coaching sessions will be scheduled from 8:15-9 a.m., prior to the first seminar. Pre-registration is required for coaching, and a schedule will be emailed to participants. A nominal $10 fee will help defray the HSPA Foundation's expenses for the Newsroom Seminar. Reporters and photo graphers who register for a coaching session will sub it m three writing or photo sam les p by Nov. 15 to allow editors time to review materials. The Newsroom Seminar will feature six 70-minute sessions aimed at both writers and photographers, including those that mix social media into their storytelling. A panel of experienced social media users will share ment unit. Unless the county chairwoman is required to document her appointments with a local or state agency (and I'm not aware of any such requirement), then the appointments are not required to be made public. Names on the election ballot are, of course, public records. Keep in mind that the position of the Indiana public access counselor's office has been that political caucuses called to fill a vacancy of an elected official, such as a city council member, are required to be open to the public after 48 hours notice. This is because the caucus is serving a governmental function in filling the vacancy. So a reporter can attend the caucus and see who's present and has voting privileges in the caucus. Also, while the county chairwoman may not be required to reveal her appointed precinct committee members, there isn't any reason why she can't make the list available to give county residents comfort with the fairness of the process. In other words, why won't she release the names to dispel the notion that outsiders are making the decision on who represents the council district or that the chairwoman stacked the deck? the basics and beyond in this increasingly popular area of journalism. Learn how it adds to coverage and why readers like it from Robert Blasz ie k wicz of The Times (Munster), Tyler James of the South Bend Tribune, Mary Beth Schneider of The Indianapolis Star and Val Tsoutsouris of The Rochester Sentinel. Photographers will learn more about their craft in two sessions. Veteran photographers and members of the Newsroom Seminar Committee – Darron Cummings of The Associated Press' Indianapolis bureau and Mike Fender, director of photography for The Indianapolis Star – will lead an interactive session critiquing photos that placed in this year's Better Newspaper Contest. Learn what makes well-crafted photos stand out. The popular Canon Explorers of Light Series for photographers returns again this year. If voters aren't comfortable with her actions, they might express their view by ousting the caucus-appointed council member at the next election, so it's in her best interests to be transparent. Q I'm trying to find out what happened at a special meeting called by a local library board to potentially fire its director. I know we have a right to inspect the meeting minutes within a "reasonable" amount of time under the law, but if I request them, does the board have to supply me with a written copy? A Yes, minutes of a public meeting should be accessible quickly. I can't think of anything that the library board could claim was confidential. The question may be about when the draft of the minutes is created. I always suggest that reporters request the meeting memoranda, which is created during the meeting by law. You have the right to inspect or copy the memoranda under the Access to Public Records Act, so officials must create the copy or allow you to create a copy of the document. The series is designed as an initiative for photographic education and includes dozens of the most influential photographers and cinematographers in the world. A member of the Explorers series will share photographic passions and technical expertise with Indiana photojournalists at the Newsroom Seminar. A trio of sessions will cater to reporters in attendance. Nancy Comiskey, a faculty member at the Indiana University School of Journalism, will discuss "5 Things I Learned About Writing (After I Thought I Knew It All)." Journalists will get valuable tips to improve their writing from the former reporter, columnist, writing coach, features editor and managing editor. Evaluations from past sessions rank her near the top of the all-time favorite speakers list at the seminar. Three investigative reporters For 41 cents, Hoosiers have the opportunity to know what actions county, city, town, township, school, library and special taxing district boards are taking or contemplating. That also covers notices from state government entities. I'd call that a bargain. And I won't even get into the need for public notices to be disseminated by an independent third party in a format that is verifiable and archivable. Critics say moving public notices to the Internet is only a matter of time. Not so fast, I say. Steve Key is executive director and general counsel for HSPA. Q A A local bar is advertising pull-tab gambling at the establishment. Does the client need to include a gambling license number in the ad? The license number should be included in gambling advertisements, but I'm surprised that a local tavern would have the ability to sell pull-tab gambling. My understanding is that gambling, outside of racetracks, casinos and the lottery, is limited to non-profit entities (church bingo, for example), which have to get temporary licenses for special events. My advice would be to ask the owner if he has checked with the Indiana Gaming Commission as to the legality of what he proposes to sell. You don't want a client to run afoul of the law inadvertently. If he is confident about this venture, be sure to include the license number in the ad.  If he is wrong about the legality, the gaming commission will be contacting him, not the newspaper. You don't have any liability for running the ad. Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427. will discuss two of the top state stories of 2013 in a session on watchdog journalism. Alexander Campbell and John Russell, both of The Indianapolis Star, and Tom LoBianco of The Associated Press' Indianapolis bureau, will address how dogged diligence produces investigative stories. Hear how they obtained information on Chinese officials accusing a contractor for the Indiana Economic Development Corp. of bribing and extorting wealthy business owners in China, a story that required acquisition of government documents through public records requests. Steve Key, executive director and general counsel for the Hoosier State Press Association, and Luke Britt, Indiana public access counselor, will lead a session on how to access public documents. For more information on the Newsroom Seminar, visit www.HSPAfoundation.org/ events. 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