We live in a government by the people, of the people and for the people, right?

If the people are to be involved in government, they must first be informed of the issues.

Our local governments, the various departments of the City of Murfreesboro and Rutherford County, are actually big advertisers with local publications The Murfreesboro Post and The Daily News Journal, in an effort to give the area voters “adequate public notice” of the matters of business before the county commission, city council, planning commissions trustee’s sales, invitations to bid, job openings and so on.

If local residents don’t happen to realize that they have been “adequately notified,” then they must not be making their way to the grey pages of legal jargon in the back of the Post and the DNJ that your government purchases on your behalf each week.

The City of Murfreesboro Planning and Engineering Department budgeted $19,000 in fiscal year 2011–12 for public notice advertising; the Administration Department budgeted $12,000, and Human Resources $5,000.

“Most of that is with the Post,” said Murfreesboro City Recorder/Treasurer Melissa Wright. “We do place some with the Tennessean. Some notices involving major roads may have TDOT requirements to go beyond advertising locally.”

In November 2012, the City of Murfreesboro spent over $3,000 advertising with the Post.

Meanwhile, Rutherford County purchases its share of advertising as well.

“Most is in the county mayor’s budget,” Rutherford County Deputy Finance Director Elaine Short said. “The planning, election, Chancery court and school board budgets also have dollars allocated for local advertising.”

Murfreesboro Post publisher Ron Fryar said the public notice revenue accounts for over 30 percent of his publication’s business.

“Like the vast majority of daily and non-daily newspapers throughout the United States, public notice advertising is an essential component of a complete publication like The Murfreesboro Post, and like other forms of advertising has its place as a revenue stream,” Fryar said. “The amount of public notice will vary from month to month and quarter to quarter, dependent on both the economy and the growth development of the county or city as well as the selection of varied publications in which to place such legal notices. Public notice in the Post on average would comprise at least 30 percent of the total revenue. So you can see maintaining that amount of revenue would be important to the Post; as it would to any other newspaper throughout the state and country.”

All of the public notice expenditures are certainly not “taxpayer dollars”; banks are also major public notice advertisers. They must print notice before auctioning off a home in foreclosure.

The Tennessee General Assembly did slightly relax the requirements for these types of notices in 2011, stating the notice only had to contain a “common description of the property” (rather than a “metes and bounds description”), and the notices only have to be published in two editions of a publication, rather than three.

Rutherford County Clerk and Master John Bratcher says he absolutely supports this publishing of notices to satisfy due process and notify property owners.

“When properties are to be sold for back taxes and service of process cannot be obtained otherwise, we must publish that a sale will take place in a newspaper of general circulation,” Bratcher says. “It is interesting that many delinquent taxpayers tell us that they are told by their friends that their property is in the newspaper. They get the notice even though they do not have the media.”

His office, the Rutherford County Chancery Court, budgeted over $33,000 in fiscal year 2011–12 for legal notice advertising, and places these ads in the DNJ.

“We generally have two sales per year, and the entire amount is spent [in generating] those two sales. I wish that Tennessee law allowed us to include less information in the notices, but until that is changed, the DNJ charges us by the inch, and that is what it costs,” Bratcher says. “We use the DNJ because it is clearly a newspaper of general circulation.”

In regards to the sales of property Bratcher handles, the advertising cost is passed on to the property buyer (or the delinquent taxpayer, if they decide to pay their tax bill to keep the property), so no public money is spent. The dollars spent for this publication are added to the delinquent taxes and are paid by the owner of the property when he or she finally pays the taxes or they are paid for when the property is sold at a tax sale. There is no cost to anyone other than the delinquent taxpayer, Bratcher said.

According to some government officials, however, the public notice advertising expenses are more a necessary evil in satisfying ill-defined Tennessee codes and legally protecting the government agency from future repercussions than a legitimate effort to reach voters and taxpayers.

“I have asked our state legislative delegation to consider the use of our website as a valid source for adequate public notice,” Rutherford County Mayor Ernest Burgess said. “In general, I have asked them for a clear, concise definition of ‘adequate public notice,’” said Burgess, noting that most of the advertising dollars Rutherford County spends go to the Post.

Burgess is not alone in his confusion and desire to know an exact definition of adequate public notice.

While Tennessee standards for election notices are better defined—they must be printed in a “newspaper of general circulation,” meaning one “bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having second class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one-year period, which is published for the dissemination of news of general interest, coverage and circulation in an area within Tennessee”—laws scattered throughout Tennessee Code addressing many other types of government announcements simply state “adequate public notice” must be given.

Not only is adequate public notice not defined, judges have stated that is does in fact vary depending on the circumstances.

The Tennessee Supreme Court, in its 1974 decision in Memphis Publishing Company v. City of Memphis, made this statement: “We think it is impossible to formulate a general rule in regard to what the phrase ‘adequate public notice’ means . . . adequate public notice means adequate public notice under the circumstances.”

During the 2010 legal battle surrounding the Islamic Center of Murfreesboro, a key point of disagreement was whether or not adequate public notice was given prior to construction of the new center. Local judge Robert Corlew actually agreed with some local residents who claimed they knew nothing of the Islamic Center’s plans prior to their approval, and that the small routine meeting notice printed in the Post was not adequate. But his decision was quickly overturned in federal court after the U.S. Department of Justice stepped in.

Tennessee Comptroller of the Treasury and Open Records Counsel Elisha D. Hodge seemed to be of the opinion the notice didn’t even necessarily have to be in the Post at all.

“When questioned about the matter, Hodge said whether The Murfreesboro Post meets the criteria used to define a newspaper of general circulation is irrelevant, noting the Open Meetings Act does not include any such phrasing of that term,” Marie Kemph wrote in a piece printed in the April 29, 2012, edition of the Post itself.

Hodge went on to say that “there is no requirement in the Open Meetings Act that all public notices be printed in a publication.”

Many see the notices going to a more affordable Internet-based location, whether that be a website run by the government department, or with a media outlet’s site.

“Tennessee certainly is not ready for it yet,” Fryar said. “The only way to guarantee that the public can get adequate and proper notice of important developments and upcoming events is to publish public notices in an independent medium that is widely distributed, published at short intervals and that the public is drawn to because it contains news of general interest to the public.

“AARP has reported recent surveys showing 40 percent of seniors over 50 not comfortable using the Internet. That is a significant part of the electorate,” Fryar continued.

Bratcher agrees that the time has not come to forego newspaper advertising.

“Since I am a firm believer in due process and notice, I do not think that I could support using websites and other computer sites in place of newspapers. I believe that we should be allowed or even required to use those sources to provide as much notice as possible. We do post notices on our website of the properties that will be sold at the tax sale,” he says. “I would guess that there will come a time when everyone will have computer access, but there are thousands across the county and state that do not have that access. While I am for whatever methods that will best provide notice, I not think that we should abandon the print media until we can be sure that every single taxpayer has Internet access.”

Still, even many who are interested in local government and make an attempt to stay informed are not comfortable reading the lengthy classified columns of legal jargon, and are curious why the government handouts to the Post and DNJ are allowed to continue.

But whether the notices appear in a publication, or on the Internet, the individual must make some effort to seek them out regularly.

“There’s not a way to get in front of every single local resident, no matter where we advertise,” Wright says. “They have to be proactive.”

Could we at least simplify the language?
Alright public, you decide. Whose version better informs you? Which is the more adequate?

The currently published version:
NOTICE OF SUBSTITUTE TRUSTEE’S SALE TENNESSEE, RUTHERFORD COUNTY
DEFAULT having been made in the terms, conditions and payments provided in certain Deed of Trust executed by Bryan Daniel McCloud and Jessica Dean McCloud to Jonathan R. Vinson, as trustee dated February 11, 2011, in the amount of $145,077.00, and recorded in the Register’s Office of Rutherford County, Tennessee in Deed Book 1046, Page 1184-1206, (“Deed of Trust”); and, the beneficial interest of said Deed of Trust having been last transferred to JPMorgan Chase Bank, National Association by assignment; and, JPMorgan Chase Bank, National Association, as the current holder of said Deed of Trust (the “Holder”), has appointed as Substitute Trustee the undersigned,  any of whom may act, by instrument filed for record in the Register’s Office of Rutherford County, Tennessee with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; therefore, NOTICE is hereby given that the entire amount of said indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and the undersigned as Substitute Trustee, or a duly appointed attorney or agents by virtue of the power and authority vested by the Appointment of Substitute Trustee, will on Thursday, February 14, 2013, commencing at 12:00 PM at the east door of the Rutherford County Courthouse, Murfreesboro, Tennessee; sell to the highest bidder for cash, immediately at the close of sale, the following property to-wit: Being all of Lot No. 29, Section I, Phase I, Creeksbend Subdivision, of record in Plat Book 33, Pages 251-253, Registers Office for Rutherford County, Tennessee, to which reference is hereby made for a more complete description thereof. Being a portion of the same property conveyed to Bryan Daniel McCloud, by deed from Ole South Properties Inc., a Tennessee Corporation, dated February 11, 2011, appearing of record in Record Book 1046, Page 1181, of the Registers Office of Rutherford County, Tennessee. This conveyance is made subject to Restrictive Covenants contained in instrument of record in Record Book 828, Page 2263, amended in Record Book 857, Page 3519, and in Record Book 884, Page 2737; Easement to Middle Tennessee Electric Membership Corporation (Blanket) of record in Record Book 811, Page 2978; Easement to Bellsouth of record in Record Book 841, Page 1807; USA/TVA as shown on plat in Plat Book 33, Page 251; Charter of Creeksbend Homeowners Association, Inc. of record in Record Book 856, Page 2589, as amended in Record Book 885, Page 2832; Article of Organization for Silverhill Partners, in Record Book 730, Page 1060; Articles of Conversion in Record Book 730, Page 1061; One Hundred Year Flood Line(s) as shown on plat; all matters shown on said plat and survey of record in Plat Book 33, Pages 251-253; all of said Registers Office. Parcel ID No.: 22AA29 Map & Parcel No.: 22AA29 PROPERTY ADDRESS: 1101 Bluecreek Circle, Murfreesboro, Tennessee 37129 CURRENT OWNER(S): Bryan Daniel McCloud SUBORDINATE LEINHOLDERS: N/A OTHER INTERESTED PARTIES: N/A All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, however, the undersigned will sell and convey only as Substitute Trustee. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property; as well as any prior liens or encumbrances as well as priority created by a fixture filing; and/or any matter that an accurate survey of the premises might disclose. If the U.S. Department of Treasury/IRS, the State of Tennessee Department of Revenue, or the State of Tennessee Department of Labor and Workforce Development are listed as Interested Parties in the advertisement, then the Notice of this foreclosure is being given to them and the sale will be subject to the applicable governmental entities` right to redeem the property, as required by 26 U.S.C § 7425 and T.C.A. § 67-1-1433. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed of Trust. The notice requirements of T.C.A. §35-5-117 were satisfied prior to the first publication of the Notice of Substitute Trustee`s Sale. Substitute Trustee reserves the right to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. MCC TN, LCC 3525 Piedmont Road NE, Six Piedmont Center, Suite 700 Atlanta, GA 30305 (404) 373-1612 www.mccurdycandler.com File No. 12-10342 /CONV Ad Run Dates: 01/20/2013, 01/27/2013 and 02/03/2013 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Ad # 44087

The Pulse’s version:
Alright, Bryan and Jessica McCloud, you haven’t paid your bills. Your property, 1101 Bluecreek Circle, Murfreesboro, is about to be sold.
Public: if you want to bid on this property, be at the Rutherford County Courthouse at noon Thursday, Feb. 14.

Call me Captain Adequate.