Avalon Backs Online Public Notices in Lieu of Newspapers

AVALON — From our personal lives to the functions of government, the World Wide Web continues to change the way we operate.
Avalon Borough Council voted July 9 in sup-port of Senate Bill S-1584, which, in short, seeks to transition governments’ newspaper publishing requirements to cyberspace.
Senate Bill S-1584, introduced April 7 by Sen. Gerald Cardinale (R-39), would allow state agencies, counties, and municipalities to comply with legal publication requirements, instituted in the Open Public Meetings Act, by means of Internet.
The change to online publication would affect newspapers that generate revenue from these notices, including the Cape May County Herald. The boroughs of West Cape May and Cape May Point also recently passed resolutions in support of online public notices, adding support to make the bill law.
All council members here voted in favor with the exception of Nancy Hudanich who abstained.
When asked why she abstained, Hudanich said it is an equity issue.
“I know it’s a cost saving measure but in the future, if it becomes all Internet-based, I would vote in favor of continuing to do both: publishing in the paper and online,” she said.
If notices go online, governments could save some funds spent on newspaper print. These notices include not only meeting announcements, but also councils’ and zoning and planning boards’ ordinances and resolutions.
Hudanich noted the “digital divide,” the rift between people with and without Internet access.
An example of the separation could be a situation in which those without access, or in some cases those simply disinterested in computers, generally the elderly, may become unable to obtain the same services and information as their counterparts.
Council President David Ellenberg said council’s resolution in support intends to allow Internet publication of notices in addition to, not in lieu of, printed notices in newspapers.
However, the bill’s statement explains it would allow state and local governments to fulfill the requirement “to publish any advertisement, notice or other item in a newspaper, by instead posting the information on the official Internet website of the state agency, county or municipality.
“Any deadlines or timeframes which apply to publication would apply to Internet postings. The bill’s purpose is to save money while providing members of the public with easy access to government information. The bill would not affect notices which bodies are re-quired to transmit to newspapers under the ‘Senator Byron M. Baer Open Public Meetings Act’…”
Under the Open Public Meeting’s Act, enacted in 1975, governments are legally required to annually publish meeting times in advance and, in the case of an emergency meeting, must provide the public a minimum of 48 hours notice. These notices must be posted in a public place, pub-lished in two newspa-pers ––one deemed the official paper of record–– and filed with the clerk.
The cost of the notices range from a few dollars to several hundred, depending on size, and is also printed along with the date(s) of publication.
The New Jersey Press Association compiles public notices from participating newspapers, including the Herald, on its Web site as a service to its members for a fee. However, the database is not a substitution for the official legal requirement.
Questions remain about the availability of these notices to those without access to the Internet, how a time-stamp could be valid on the Internet for a 48-hour advanced notice of meetings and if records would hold the same permanency in comparison to newspapers.
Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck @cmcherald.com.