Notice by publication in a newspaper is:

• independent of the government
• readily available to the public
• capable of being securely archived, and
• verified by affidavit as proof of publication.

A.  Public Notice must be published by an independent third party

A public notice must be published in a forum independent of the government, typically in a local newspaper.  An independent and neutral third party has an economic and civic interest in ensuring that the notice delivery requirements are followed.

B.  Public Notice must be accessible

A public notice must be capable of being accessed by all segments of society, both in print and online.

C.  Public Notice must be archivable

A public notice must be archived in a secure and publicly available format.  Print newspapers have always fulfilled this element because a public notice published in a newspaper is easily archivable, and can be archived in several different places, formats, and without wait.  Newspapers are usually archived by the publishing company and by libraries. These archiving venues provide the public with the option to retrieve the notices for years after date of publication.

D.  Public Notice must be verifiable

The public must be able to verify that the public notice was not altered once published. In a newspaper notice, an affidavit is provided by the publisher, which can be used in an evidentiary proceeding to demonstrate that a true copy was published as well as the exact wording that was used.

Content provided by Public Notice Resource Center