Public notice
From Wikipedia, the free encyclopedia
 |
This article or section deals primarily with the United States and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page. |
A public notice or notice of intent is information directed to citizens of a governmental entity regarding government-related activities. Public notices have traditionally been published in specified governmental publications and in local newspapers, a common source for community information.
A public notice typically possesses four major characteristics:
- A public notice is published in a broadly available forum, such as a local newspaper.
- A public notice is capable of being archived in a secure and publicly available format.
- A public notice is capable of being accessed by all segments of society.
- The public and the source of the notice must be able to verify that the notice was published, and its information disseminated to the public.
Contents |
[edit] Why are Public Notices Important?
An important premise upon which the principle of democracy is based is that information about government activities must be accessible in order for the electorate to make well-informed decisions. Public notices provide access to citizens who want to know more about government activities.
Public notices serve as a conduit of information from the government to the public. They enable citizens to monitor the actions of their local governments, as well as to keep track of events occurring the in the local court system. Public notices allow citizens to serve as watchdogs for fraud and incompetence by both government officials and private interests. Each year, examples of government fraud are [http://www.reviewjournal.com/lvrj_home/2005/Aug-02-Tue-2005/news/26982131.html discovered by everyday citizens]who read their public notices. When government officials try to hide damaging information by ignoring public notice rules, citizens and community newspapers often force the proper notice to be published.
Through the publishing of financial reports, citizens can see if tax dollars are being wasted. With notices of incorporation and dissolution, citizens can be aware of who is doing business in their community and ensure that businesses are not abusing limited liability incorporations to avoid the payment of debts.
Furthermore, through public notices, citizens are given the opportunity to make their voices heard in public hearings and meetings. Citizens across the nation have used public notices and public hearings to object to changes in their community that could depress property values or alter the fabric of the area. Similarly, citizens have been able to participate in changes that enhance their communities, such as the construction of parks and other improvements. Allowing the public to influence the governing bodies of their local communities is crucial to the functioning of democratic society.
[edit] How are Public Notices Used?
The number of ways public notices are used almost equals the number of different public notices in existence today in America.
With an estimated 30,000 public notice laws in America today, there are not many ways that public notices haven't been used to educate the community. Citizens are informed about events occurring throughout their communities – from the sidewalk being built down the street, to the adoption of a baby girl, to a public meeting on the demolition of an historic building – all as a result of public notices in newspapers.
Three of the most important public notices inform the public of:
- community changes
- fraud and dishonest businesses
- government transactions
[edit] Community changes
Public notices help citizens stay informed about changes in their communities. Local governments often must hold public hearings before attempting to make any change which will impact the local community. Laws in almost all jurisdictions require local governments to publish notice of these hearings in local newspapers. These laws are intended to make sure that the citizens affected by the proposed government action are given the opportunity to participate in the decision-making process. Public notices equip local residents with the information they need to support or oppose local government actions.
A good example of this is found in notices of public hearings dealing with zoning changes. Many jurisdictions require local governments to hold public hearings, and to publish the date, time and location of those hearings when any exemption from zoning ordinances is requested by a citizen or business, or when a planning commission or board recommends changes to a master plan.
Local governments are often required to publish a detailed public notice of exactly what land will be affected by a zoning change accompanied by a map of the land. This occurs on a routine basis, and often there are no objections to minor changes or exemptions. However, sometimes individuals or businesses petition local governments for major variances which could affect surrounding property values, or the overall atmosphere of the neighborhood.
For example:
- Homeowners in a residential area may request a variance in order to operate a business in their homes.
- Owners of large parcels of land in residential areas may ask local governments to rezone the entire area as commercial, in order to take advantage of competitive commercial leasing rates.
- Homeowners may wish to add additions to their homes that encroach upon set-back limits for residential yards.
If citizens have strong feelings on the granting of these requests, they can attend the public hearing and voice their opinions to local officials. This demonstrates participatory democracy at its finest. Governments use public notices to inform the public of its valuable chance to participate in the democratic process.
[edit] Fraud prevention and debt collection
Public notices are often used by citizens to monitor their debtors and to eventually collect money owed to them.
- Probate notices to creditors are notices published on behalf of the estate of a recently deceased person, usually by the executor or administrator of that estate. These notices inform the public and any potential creditors of the estate that the remaining assets are being divided up among the creditors and heirs of the estate. Failure to make a claim against the estate for any money owed within a certain period of time will result in that claim's being barred. Not only does this type of notice allow local residents to monitor and legally collect any money owed to them, but it also simplifies the probate process by providing certainty and expediency to the decedent’s heirs. Requiring estates to publish notices to creditors enables certain individuals to collect what is rightfully owed.
- Notices of incorporation assist citizens in the collection of debts, and in the prevention of fraud. Many states require residents intending to conduct business as a corporation or other business entity to give notice to the community by publishing notice in the local newspaper. These laws serve to ensure that people doing business locally are not improperly taking advantage of the limited liability aspect of incorporating. Governments require businesses to publish details of their dealings so the public can track exactly who is doing business in their community and make sure businesses are not attempting to avoid the payment of debt.
[edit] Monitoring government transactions
Another example of how public notices are used is demonstrated by bid notices. Bid notices are notices published by governments seeking to employ independent contractors, usually for public construction work or for procuring goods from the private sector. The notices invite contractors to submit sealed bids quoting a price for their goods or services.
Governments use public notices of bids to:
- keep citizens informed about how it is spending their tax money
- ensure that the government is acting in accordance with principles of equal opportunity, and to avoid favoritism, or the appearance of favoritism in awarding public contracts
- make the most efficient use of its resources by awarding contracts to the lowest bidder
Governments use public bid notices to ensure that public contracts are awarded honestly and openly.
Citizens are often the best watchdogs of a government. Citizens have repeatedly used public notices around the country to discover fraud and waste by government officials.
These are only three of the many ways in which the importance of public notices in democratic society is demonstrated. Other examples are readily available in newspapers published throughout the United States.
[edit] Where are Public Notices Published?
Almost every state in the United States has laws that regulate the manner in which public notices are published.
These laws are designed to ensure that the greatest number of people receive important information about the actions of their government. Currently, local newspapers are the preferred medium of the vast majority of state laws regulating the process of notifying the public.
However, to successfully fulfill the purposes of the laws, numerous requirements are imposed upon newspapers wishing to carry public notices. For example, many states require a newspaper to have been published continuously for a certain period of time prior to carrying notices. In addition, many states require that a newspaper contain a certain percentage of news. These requirements are put in place to ensure that a newspaper is already a trusted source of community information and that the notice will be read.
Below is an example of a typical public notice eligibility law:
[edit] Eligibility Law Example
691.1051 Newspaper; definition; publication of notices. Sec. 1.
The term “newspaper” as used in any statute of this state, except the revised judicature act of 1961 relative to the publication of a notice of any kind, shall be construed to refer only to a newspaper published in the English language for the dissemination of local or transmitted news and intelligence of a general character or for the dissemination of legal news, which
(a) has a bona fide list of paying subscribers or has been published at not less than weekly intervals in the same community without interruption for at least 2 years, and
(b) has been published and of general circulation at not less than weekly intervals without interruption for at least 1 year in the county, township, city, village or district where the notice is required to be published. A newspaper shall not lose eligibility for interruption of continuous publication because of acts of God, labor disputes or because of military service of the publisher for a period of not to exceed 2 years and provided publication is resumed within 6 months following the termination of such military service,
(c) annually averages at least 25% news and editorial content per issue. The term “news and editorial content” for the purpose of this section means any printed matter other than advertising.
If no newspaper so qualifies in the county where the court is situated, the term “newspaper” shall include any newspaper in an adjoining county which by this act is qualified to publish notice of actions commenced therein.
[edit] Types of Public Notices
There are three general types of public notices.
[edit] Citizen Participation
Examples of this type of notice include the publication of public budgets, notices of public hearings, and notices of intentions to create new legislation, governmental administrative actions, taxation or benefit zones.
These are intended to afford the public the time and opportunity to react to proposed government action.
Many of these notices are intended to satisfy the requirement of “due process of law”, found in both our Federal and State constitutions. The concept of Due Process is based on notions of fairness, and requires governments to notify citizens against whom they plan to take action in order to allow citizens the opportunity to defend themselves.
[edit] Business and Commerce
The second type is notices of government contracts and purchases and other business-related notices.
Requiring governments to publish notices calling for contract bids ensures that the government is operating in accordance with principles of equal opportunity. It also allows the public to make sure the government is not spending tax money unwisely. Finally, it ensures that the government gets the best price for a service. By requiring public bids on contracts, the government forces companies to offer a better rate than they may offer without a public bidding process.
Another example of a Business and Commerce public notice law is one that requires corporations and other business entities to publish their intention to do business in an area, and also to give notice to the community when the entity dissolves. This serves to protect creditors and consumers from fraudulent practices.
A final type of business notice is an unclaimed property notice. Often, insurance companies and other businesses have money or property that belongs to a customer that has moved away or has otherwise not recovered their property. Businesses are required to keep these items for a specified amount of time, after which it is given to the state. Most states must then publish public notices attempting to get the property back to its rightful owner. Unclaimed property notices are some of the largest and most popular public notices that are printed.
[edit] Court Notices
The final type of public notice consists of notices by non-governmental entities which use public powers or institutions in some way.
For example, when probating a will, attorneys must often publish a notice informing the public of the appointment of an administrator of the estate being probated. This allows the public to object to any appointment based on conflicts of interest.
The attorney must also publish a notice to unknown creditors. This serves the function of notifying anyone with a claim against the estate of the deceased that they must assert their claim within a certain time period, or else risk having their claim barred.
[edit] Public Notice Laws
Thousands of laws in all 50 states of our nation require governmental and non-governmental entities to publish public notices.
The types of notices required to be published range from public budgets, to notices of public hearings, to notices informing creditors of dissolving corporations. While these laws vary greatly with regard to the details of publication, they all share the same goal: to ensure that the public is adequately informed of the actions of its government and other entities in their communities.
The following is an example of a specific public notice law which requires a local planning commission to give notice of a public hearing:
(b) Upon the development of proposed zoning regulations, the [[planning commission]] shall hold a public hearing thereon. Notice of such public hearing shall be published at least once in the official city newspaper in the case of a city or in the official county newspaper in the case of a county at least 20 days prior to the date of the hearing.
