Wednesday, July 6, 2011 Friday, July 1, 2011 Saturday, June 25, 2011 Saturday, June 18, 2011 Thursday, June 16, 2011 Wednesday, June 15, 2011 Friday, March 11, 2011 Tuesday, March 8, 2011 Monday, March 7, 2011 Friday, March 4, 2011

With legal notices, maintenance of public trust is shifting

I don’t think I’ve ever received more e-mails or private messages about a story in Chattanooga’s newspaper as I have this week regarding a recent column by J. Todd Foster, executive editor of the Times Free Press, on the subject of legal notices.

Much of the correspondence was negative toward the newspaper editor’s somewhat scathing stance on why local governments should continue to pay to have their legal notices printed as opposed to posting them online for free.

Though none of the news coverage around this issue or one of several commentary pieces that have run in the newspaper’s editorial pages have said as much, I think the Times Free Press is concerned about its bottom line, first, and some of the issues it has raised about transparency, second.

And I don’t think its representatives should shy away from that point. The local newspaper is a business, and according to many in the industry, a quite successful one, which is no small feat when you look at the broad decline of print readership nationwide. The revenue it brings in from legal notices — $75,000 from Chattanooga last year, and though the numbers from Hamilton County haven’t been released, it’s safe to assume they’re much higher — goes toward overhead, reporters’ salaries, other operating expenses and, yes, profit.

Whether or not the state legislation passes, and the city and county stop paying for their legal notices to be printed is of little practical concern to me. I suspect that it will happen. At best, I hope some of my friends in the newsroom remain employed regardless of the outcome.

However, I do believe local governments should begin posting the notices on their websites in clean, machine-readable HTML. And I find some of the newspaper’s assertions regarding transparency around online legal notices irrational and counter-productive.

In Chattanooga, the notices are currently located in the classified section of the newspaper. Some announce an issue that will be discussed at an upcoming public meeting, a courtroom or other government function. Based on my cursory reading, however, the majority announce RFPs, bidding for government contracts, and property sales and foreclosures.

The audience for legal notices is small and targeted. The vast majority of citizens never think twice about them, let alone read them. And most newspapers end up in the waste bin before the end of the day.

By contrast, information posted in HTML can be accessed through search, RSS, e-mail, social media, you name it. Once data is published online, it can be archived. Copies can be placed on servers all over the world at minimal expense. The Internet is structured in a way that information can exist for a very, very long time — much longer than ink printed on a piece of paper — and the public can do interesting things with it once it’s in that format.

During a discussion Tuesday, Chattanooga City Councilman Peter Murphy briefly alluded to a project I am working on along with local developers to create an archive of the legal notices once they are posted online. The project is part of a broader initiative to improve the accessibility and quality of public data in the Chattanooga area.

In regard to online legal notices, we are taking some of the newspaper’s concerns to heart. Namely, there should be an automated, baseline accountability system in place to ensure the public trust is never violated. The difference now is that that responsibility is shifting away from the newspaper and toward the public itself.

The real crux of this debate is whether or not local governments adopt good standards for posting notices online. Without a proper framework in place, the newspaper’s warnings could come true: The notices would be difficult to locate and track, and any semblance of transparency would be buried deep within an inaccessible website.

I’m optimistic that won’t happen. The General Assembly legislation outlining how the process will work specifically states that the legal notices be published in HTML, or an equivalent language format, on an official government website. Presumably, that takes PDFs out of the picture, as it should.

The solutions the governments of Chattanooga and Hamilton County adopt with legal notices will say quite a bit about the direction their online communications will take in the future. Increasingly, more and more citizens will be using the Web to access the public information they host. So it’s important to get this one right. The future of that framework, in my view, is a much better conversation to have.

Wednesday, February 16, 2011