Déjà Vu 2016: Borough officials disgruntled over cost of advertising

July 17, 2016 article in LNP's Sunday News

A previously settled issue was raised again at the borough's November Finance Committee meeting: whether or not the borough is required to publish advertisements and notices in Lancaster Newspapers (LNP) as opposed to other cheaper publications, such as the Central Penn Business Journal (CPBJ) or the Merchandiser. The issue had been decided and closed in 2016 after a borough survey showed residents overwhelming preferred LNP, and LNP's legal representative sent a letter to council explaining that a state law requires local governments to publish notices in a newspaper of general circulation. At the July 2016 borough council meeting, President Kelly Murphy announced the borough's decision to stay with LNP, according to an article (shown above) by LNP correspondent Sharon Lintner.

However, the issue surfaced again at Monday's meeting, when committee member John Novak questioned an $800 charge for the publication of a borough bid notice. "I'm continually in awe at the cost of advertising in LNP," Novak said. His comment set off a discussion among committee members and other officials present. Finance Manager Georgianna Schreck said that some other municipalities publish their advertisements only on their websites. Committee member Cleon Berntheizel requested more information about which municipalities and any consequences they may have experienced. Berntheizel also asked if the notices could be placed in publications in another county, prompting a response from Borough Manager Rebecca Denlinger. "You advertise to give your residents notice, so it has to be a publication that your residents typically have access to," she said. Berntheizel then claimed that more residents see the Merchandiser than LNP because it's free and is delivered to every household. 

According to state law, however, a newspaper of general circulation must be sold at fixed prices per copy per week, per month or per year, to subscribers and readers without regard to business, trade, profession or class. Also, free newspapers are not considered "newspapers of general circulation"; therefore, legal advertising cannot be done in free newspapers, as stated below. In addition, LNP's circulation numbers far outweigh those of CPBJ, as stated in Lintner's article.

According to panewsmedia.org, the Legal Definition of a Newspaper is as follows:

Newspapers of General Circulation (45 Pa. C.S.A. § 101)

A "newspaper of general circulation” is a newspaper that is:

• issued at least once a week (daily newspapers are included in this description);
• intended for general distribution and circulation; and
• sold at fixed prices per copy per week, per month or per year, to subscribers and readers without regard to business, trade, profession or class.

Basically, any daily or weekly newspaper that is sold to the public in general is a "newspaper of general circulation."

A “Newspaper” is defined as:

• a printed paper or publication;
• bearing a title or name;
• reporting local or general news;
• printing editorial comment, announcements, miscellaneous reading matter, commercial advertising, classified advertising, legal advertising, and other notices;
• must be at least four or more pages long per publication;
• published continuously during a period of at least six (6) months, or as the successor of such a printed paper or publication issued during an immediate prior period of at least six (6) months;
• is circulated and distributed from an established place of business to subscribers or readers;
• is sold for a definite price;
• either entered or entitled to be entered under the Postal Rules and Regulations as periodical matter (formerly second class mail); and
• subscribed for by readers at a fixed price for each copy, or at a price fixed per year.

Free Newspapers: Free newspapers are not considered "newspapers of general circulation." Legal advertising cannot be done in free newspapers even if they meet all of the above requirements.

Internet Publishing: The law does not specifically address including legal advertisements on internet versions of a newspaper. It is the position of the Pennsylvania Newspaper Association that "printed" legal advertisements can remain in an on-line reproduction of a newspaper, but such an advertisement cannot be considered a paid legal advertisement. The actual legal advertisement itself must be in a printed newspaper of general circulation and the advertising fee must reflect the publication in this newspaper only.

Unauthorized Advertisements: Only government advertisements authorized by law may be published. In addition, advertisements may not be published in more newspapers than the law authorizes (45 Pa. C.S.A. § 310).