On Monday, lawmakers have a chance to stand up for transparency and ensure that Colorado’s cities, counties and the ever-growing number of special districts continue to put paid legal notices in a publication that the government does not own or control.
House Bill 1095 is a good piece of legislation tarred by a bad amendment that loosens requirements for public notices. Lawmakers should strike down the amendment on the floor of the Colorado House of Representatives, but we hope the bill passes without it.
The legislation proposed by Rep. Larry Don Suckla, a Republican from Cortez, would require newspapers or publications chosen for legal notices to also make those notices available online for free. In other words, paid public notices cannot be put behind a publication’s paywall online, requiring a subscription to read the notice.
The Denver Post and the Colorado Press Association support that simple change, which is proposed as part of Senate Bill 61 as well, because we know how critical public notice is to Coloradans. Just last Wednesday, public notices in The Denver Post flagged for three families who had recently lost their homes to foreclosure that the proceeds of that sale exceeded their debt and money was owed to them. If those families don’t claim the proceeds, they will lose thousands of dollars. That notice should absolutely be available in front of a paywall, and many publications, including The Denver Post, already meet that standard.
However, a last-minute amendment to HB 1095 would allow cities, counties and special districts to only post a public notice on their own websites. All managers of these districts would have to do is deem that there is no publication in their county adequate for the legal notice. Several lawmakers who heard the bill in committee last week expressed concerns about this amendment and urged the bill’s sponsors to find a better solution.
Unfortunately, we fear that many city and county managers or employees of special districts might be tempted to take advantage of this legislation either for the ease of posting only on their own website or to help keep controversial legal notices hidden.
The amendment opens up a gaping loophole so that even if a county has a print publication, a government could deem the paper not sufficient and instead publish the notice on their own website, perhaps a hidden page only accessed with a specific and obscure URL.
We are not being overly cynical. The Denver Post has previously exposed abuses by special districts and metropolitan districts that post required meeting notices on rural fenceposts at the edge of the district. Sometimes metropolitan districts use random names, rather than the name of their neighborhood, so residents or potential buyers struggle to find information about their governing body.
Rep. Suckla told committee members that he estimates only four counties in all of Colorado don’t have print publications in them, which is a sign this state still has a thriving news infrastructure. The Colorado Press Association estimates only one county would qualify under the amendment. This discrepancy between counts highlights exactly the problem that could arise should the amendment pass.
Public notices help keep newspapers and communities strong and connected.
Last week, The Denver Post’s printed legal notices informed readers that the Colorado Air Quality Control Commission was considering a permit renewal for the Cripple Creek and Victor Gold Mine in Teller County. Public comment will be taken at a virtual meeting on March 31. The Denver Post also informed readers about a transportation rule change implemented by the Denver International Airport.
Special districts have the power to increase taxes and implement fees. Often, land developers control metropolitan districts and have an interest in not engaging the public with mill levy increases or upcoming elections that could replace their control of the board.
Unless House Bill 1095 is updated to get rid of the workaround allowing self-publication of legal notices, The Denver Post urges lawmakers to reject this legislation.
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