Laws mandating the publication of legal notices for ordinances, elections, public hearings and the like have generated steady newspaper revenue for decades. Yet, many of these laws were enacted before radio, TV, the Internet and -- of much interest to Gannett -- consolidation of printing.
Now, at the small
Daily Times in Salisbury, Md., a brouhaha has erupted over the paper's decision to move printing out of the area to another GCI paper in Delaware this year. The case spotlights
the Salisbury City Charter's requirement that notices get published in a newspaper "printed" in the city or surrounding Wicomico County. (The
Times' daily circulation: 17,210.)
A resident raised the issue at a city council meeting last week, according to the
Salisbury News, a local blog competing for advertising with the newspaper. In
a post,
News Publisher
Joe Albero says notices in the
Times over the past year may be invalid if it's determined the charter requirement has been violated.
Newspapers everywhere are clawing for any revenue as advertising sales dry up. I don't know how much the Salisbury City notices are worth to the
Times. But these days, any money is good money. What's more, as GCI consolidates more printing, the Salisbury case could have broader ramifications.
Defining 'printing'
In Salisbury, the outcome will almost certainly turn on how the charter's language is interpreted. I found at least five instances where the charter mandates that notices appear in a newspaper "printed" in Salisbury or the county.
But the language is inconsistent. One agency is required to "publish in a newspaper printed in Wicomico County." Ordinances, meanwhile, "shall be published by posting the same at some public place in the city of Salisbury (or by printing the same in some newspaper of general circulation printed in the city of Salisbury."
It's unclear whether GCI had any of this in mind when the
Times moved printing to
The News Journal in Wilmington, Del. The shift cost 17 jobs, nearly 12% of the paper's total -- jobs that few municipalities want to lose no matter how small the number.
Adding salt to Salisbury's wound, blog publisher Albero says the paper is getting tax breaks on its now-unused press. (Presumably, Albero is referring to depreciation on the press.)
"So, that being said," Albero wrote, "the City Council has ONE opportunity to bring JOBS back to Salisbury by forcing the
Daily Times to start running their press again and NOT export jobs to Delaware."
How has GCI responded?
That's also unclear; searching
the Times website today, I couldn't find any coverage of the issue.
City officials will be tempted to declare the paper eligible. Otherwise, they'll need to revisit all the legal notices published this past year, and the legality of actions that followed their publication.
GCI has been winding down print operations for years. By the end of 2010, 68% of the U.S. community newspapers had outsourced printing to commercial printers or to other GCI and non-GCI papers. Now, many of those presses are headed for scrap yards in
cities such as Sheboygan, Wisc.
Like the city charter, GCI has used similarly confusing language to explain why it's consolidated. Here's how
Times General Manager
Greg Bassett put it
when the paper announced its move in January:
"The synergies available to us through
The News Journal's production facility, combined with new business models being adopted by publishers, allow us this aggressive approach to further achieve our business performance goals."
Translation: GCI's doing it to make money.
Merriam-Webster defines publish and print. What's your view? Please post your replies in the comments section, below. To e-mail confidentially, write jimhopkins[at]gmail[dot-com]; see Tipsters Anonymous Policy in the rail, upper right.