A vote is expected this week on a state bill revamping public notice requirements.
State Rep. Jim Tedder (R-Clarkston) said he is considering both sides when determining how he will vote on HB 4183, which would created a tiered system for notices regarding meetings, assessments, zoning, elections, ordinances, and other issues.
The law would phase out publication in newspapers in favor of notices on government websites within 10 years. Currently, local municipalities are required to publish notices in local newspapers at varying costs to local units.
“I want to seek a balance between cost to local government and people’s ability to access the information they need,” Tedder said. “Government is full of well-intended men and women striving to do what is right by their constituents, but it’s incumbent on citizens to keep government honest. One way is public disclosure through legal notices, along with the Open Meetings Act and Freedom of Information Act.”
The state representative has reached out to newspapers, governments, and other stakeholders in the community. Local township clerks support the bill, he said.
“We’re moving into the electronic age,” said Independence Township Clerk Barb Pallotta. “This would be another way to get information out there.”
People would still have access to the information they need, and the township wouldn’t be vulnerable to mistakes made by a separate entity like a newspaper, Pallotta said.
“If there’s a mistake, I’d be the one who made it,” she said. “I’m a big supporter of newspapers ? we support the Clarkston News in other ways, like the Independence Township Times.”
If the Clarkston News makes an error with a public notice, the newspaper pays to reprint it in the local daily paper, said Don Rush, assistant publisher.
Notices are also published free on the Clarkston News website, Rush said.
The Michigan Township Association also supports the bill, saying it would streamline the public notice process and help townships save money.
The Michigan Press Association opposes the bill, saying public notices cost townships little and protects taxpayers’ rights.
“Having a permanent and publicly-circulated record of government actions proves beyond a shadow of a doubt what formal action government did or didn’t take. Websites can be hacked ? New Jersey, the Defense Department, NASDAQ and the federal court system are recent examples,” according to MPA.
If passed, public notices would fall into one of three categories, with Tier A requiring the longest publication period. These would include notices affecting issues such as property, taxes and finances.
By Jan. 1, 2025, electronic notices would be allowed on township websites for 14 to 30 days, depending on the type of notice. An amendment was added by committee to require notices be mailed or emailed to newspapers for notification purposes.
Townships would also be required to keep a printed copy of the notice at the township office for public inspection. If 10 percent of the unit’s electors sign a petition, the local unit would have to submit a ballot question that would require public notices be published in a newspaper for five years.