Champion Newspapers Serving the Chino Valley Since 1887 June 5, 2009
Senator Bob Huff State Capitol, Room 3048 Sacramento, CA 95814 Dear Senator Huff: The Senate Local Government Committee is meeting on June 17 to discuss AB715 by Assemblywoman Anna Marie Caballero (D-Salinas). I want you to know that in my opinion this bill is penny-wise and pound foolish. It proposes allowing city and county clerks the option to "publish" newly enacted ordinances on the agency's government web site instead of publishing a summary in a newspaper of general circulation. Supporters of the bill are touting it as a cost savings at a time when agencies are facing budget cuts. Allowing this "option" is a very bad idea for several reasons. First newspapers still have more readers than any local government web site. For example, in a survey conducted and paid for by the city of Chino, they found that 62.3% of residents said the Chino Champion was their number one source for Chino news verses the city's website with 7.7%. If you're a city or county clerk and you’re trying to hide something, I think you'd choose the 7.7%. If you're trying to reach out and notify the public, the clerk would choose the 62.3%. How would a city or county clerk justify their option for the agency’s web site with that large a discrepancy? According to the City Clerks Association, which is sponsoring the bill, the average annual cost to a city to publicize this basic information is just $5,736. That’s not much of a savings for the risk involved. Advertising changes in the law in a newspaper of general circulation is an established legal precedent. If this change goes through, you know someone will challenge a new law by saying the agency kept it a "secret" and they will sue. Eventually, it will be left up to a judge to decide. If it goes against the agency it could invalidate all the laws passed that were not published in the newspaper. It's important for government to be as transparent as possible when conducting the people's business. Publishing it in a newspaper where everyone of all income and education levels have access to it is better in the long run than limiting it to people with internet access and the will to go find it on a government web site. Plus, when it's published in the newspaper the agency can prove notification was given and when. That proof is made available by the newspaper in an affidavit. There are also ways to “save” money and still publish public notices in newspapers. First, shorten the summary. Often public notices have redundant or unnecessary verbiage that could be edited out. I think a lot of it may be CYA provided by attorneys. Newspapers generally charge by the column inch and the longer the notice, the more it costs. We discount our public notices because we want to be the newspaper of record, but we are also less expensive than other newspapers in our area. Maybe the clerks should be doing a little more shopping around or sign a contract to get the best price. I can provide you with a few more reasons why this bill is a bad idea and would be happy to do so if you or someone on your staff needs more information to make a decision. I would appreciate your opposition to AB715 when it comes to a vote. Sincerely,
Bruce M. Wood Publisher P.S. I live and am registered to vote in your district at 15748 Willow Run Drive, Chino Hills.
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