State newspaper group opposes public notice bill

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  • Republican Sen. David Bullard of Durant says Senate Bill 254 would improve transparency and access to government meeting notices, because some counties don’t have newspapers anymore and subscriptions are dwindling.
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An Oklahoma senator’s proposed measure giving government entities the option of publishing legal and meeting notices in newspapers or on their websites has drawn opposition from the state’s press association.

Sen. David Bullard, R-Durant, said he filed Senate Bill 254 to improve transparency and access to government meeting notices. Bullard claims some counties don’t have newspapers anymore and subscriptions are dwindling.

The solon also said a 2020 Oklahoma Supreme Court case, Purcell v. Parker, established the need for additional notification other than in a printed newspaper. The court wrote in its decision that the legal notice printed in The Purcell Register provided a 7% chance of interested parties reading the notice in the water rights case. The court cited the newspaper’s circulation (2,900) in a county of 39,885 people.

The court wrote in its opinion, “It (publication notice) is inadequate as a method to inform those who could be notified by more effective means such as personal service or mailed notice. Mail service is an inexpensive and far more efficient mechanism to enhance the reliability of notice than either publication or posting.”

The ruling addressed administrative hearings about matters involving personal liberties and property rights and did not include other notices that are legally required to be published in newspapers.

Still, the Oklahoma Press Association has decided to oppose Bullard’s measure. OPA Executive Director Mark Thomas said a newspaper’s publication of legal and meeting notices receive more attention than government websites. In addition, the OPA initiated a voluntary effort 10 years ago to place six months of legal notices on the website www.oknotices.com. The notices come from legal newspapers published in Oklahoma.

Thomas said Bullard apparently misunderstood the court case decided by the state Supreme Court.

“It was a water case and the Oklahoma Water Resources Board followed state law, but the Supreme Court said that wasn’t good enough. How would anyone know to go to a government website to find notices,” he said.

Thomas also said Bullard’s proposal “is a way for government bodies to punish papers for publishing unflattering stories.”

Legal and meeting notices published in newspapers provide a significant amount of income for publications. 

Bullard introduced a similar bill two years ago, but it did not receive the required hearing to be considered for passage.

Gene Wallace, executive director of the Oklahoma County Commissioners Association, said Bullard’s bill was introduced because of the “demise of papers” and because “so many (newspapers) are going to online publication.” He also said the bill is needed because “every (government) entity is looking at reducing costs, but they’re also insistent on transparency.”

Wallace was unaware if the OCCA had requested Bullard introduce the measure. Wallace said the option of publishing the legal notices in newspapers or on a government entity’s website “seems to be reasonable.” Some smaller cities and towns don’t have an online presence, but can publish their required legal notices in the local or county newspaper.

At the same time, some government bodies may choose to place their notices online since some local newspapers have shut down or their subscription figures have dropped, he said.

Daniel McClure, legal counsel for the Oklahoma Municipal League, said he is aware of the proposal, but acknowledged the OML did not request Bullard introduce the bill.