Are city ordinances valid if not published in a local newspaper? That is a question which city governments ought to consider; and publishing ordinances according to the law is something citizens ought to demand, simply for the sake of doing things right and avoiding major legal issues and expenses.
According to Arkansas Law, "All bylaws or ordinances of a general or permanent nature and all those imposing any fine, penalty, or forfeiture shall be published in some newspaper published in the municipality" (Arkansas Code 14-55-206).
The same law does allow municipalities in which no newspaper is published, written or printed to post ordinances in five designated public places.
While some area municipalities might argue that no newspaper is published, written or printed there, that certainly becomes questionable when reporters are assigned to cover events there and write notes, take photos and even write stories there whether in a permanent office location, a home office or in a public place with a laptop or other electronic device and an Internet connection or even with pen and paper. And failing to publish in a newspaper is certainly questionable when a newspaper covers the municipality and the newspaper is widely circulated among residents of the municipality.
To claim no newspaper is published there when, in fact, a newspaper does cover a city's or town's meetings and events and is widely circulated there, can only be considered an attempt to skirt the law and save the costs of publication at the expense of not informing citizens of new laws and calling into question the validity of unpublished ordinances.
In the case of the Westside Eagle Observer, even though the actual printing of the newspaper takes place outside our immediate local community, it is written and published locally -- now from home offices in Gentry and Gravette and from public places in all the communities the Eagle Observer serves, including Decatur, Gentry, Gravette, Highfill, Sulphur Springs, Maysville and Springtown. The newspapers are mailed from post offices in each of the communities we serve, and the Eagle Observer has wide circulation across the newspaper's coverage area.
I write this column to urge municipalities within our coverage areas to consider the validity of their ordinances if not published according to the law and, while thinking on the matter, to consider the legal ramifications and costs if an unpublished ordinance is challenged in court.
And yes, another provision of the same Arkansas statute says: "It shall be deemed a sufficient defense to any suit or prosecution of such fine, penalty, or forfeiture to show that no notice was given as provided herein."
What does that mean? It means one could argue in court, if an ordinance is not properly published in the newspaper, that it is not really in effect. And a judge could dismiss criminal cases and lawsuits and refuse to penalize those charged with violating the questionable ordinances. It could mean ordinances required of cities to be in compliance with state law or to deal with other legal matters are not really in effect.
Failure to publish as required by law could nullify council actions and place cities and towns in questionable standing in numerous legal matters. And, potential legal costs? They could very quickly far surpass the costs of publishing ordinances as required by law.
And why would cities wish to forego informing their residents of a new ordinance by not publishing it? If city officials desire compliance, why would they fail to make the new ordinance public and be uncertain if it is legal and enforceable?
It makes no sense to bypass the law and fail to publish. And you can about safely bet that a court challenge is going to come which may make publication costs seem like nothing in comparison to the legal costs to fix the indiscretion.
Randy Moll is the managing editor of the Westside Eagle Observer and may be contacted by email at [email protected]. Opinions expressed are those of the author.
Editorial on 06/11/2014