December 9, 2024 |
Photo – Bigfoot file photo
Debate last week during the Carbon County Commissioners meeting over what constitutes a legal publication followed by a last-minute bid change by one newspaper, caused public officials to delay selecting an official 2025 newspaper.
Wyoming state law 18-3-519 requires that all legal notices be published in a newspaper that has put out at least one edition every week for a year and has a circulation of five hundred paid customers. Some people in the state believe this law is outdated and that online notices could fulfill the legal obligation. In February of 2023, the Wyoming state legislature introduced a bill to remove the requirement to print in physical newspapers, but the measure died.
To comply with state law, county officials solicit bids every year from local newspapers to serve as the county’s official publication. During the December 3rd Board of Carbon County Commissioners meeting, the board opened sealed bids from three newspapers vying for the role in 2025: The Saratoga Sun, Carbon County Comet, and APG Media of the Rockies, owners of The Rawlins Times.
Clerk Gwynn Bartlett explained that the county requested the price to print notices, publication deadlines, and, to comply with state law, paid subscription numbers from the three newspapers.
The Saratoga Sun bid $5.75 per column inch for print ads and said it has 807 physical paper and 217 online subscriptions. The Carbon County Comet requested $5.85 per column inch and reported having 142 physical and 491 online subscriptions. Finally, The Rawlins Times submitted three different prices depending on the type of advertisement: $10 per column inch for classifieds, $16.40 for standard ads, and $4.99 for legal ads. The newspaper listed a total of 611 paid subscriptions.
Clerk Bartlett informed the county commissioners that The Saratoga Sun and Carbon County Comet included letters with their bid packages. The board invited Saratoga Sun Operations Director Joshua Wood to speak first.
Wood said that, according to his interpretation of state law, a publication must have 500 paid print subscribers to be considered an official legal newspaper. With only 142 physical subscribers, he said the Carbon County Comet does not meet this requirement.
Wood continued, saying that the United States Postal Service requires an official publication to distribute at least half of its copies to people who request them. Considering that most copies of the Comet are found for free around the county, Wood argued that his business rival does not meet the legal requirements to become Carbon County’s official newspaper.
For that reason, Wood argued that the Carbon County Comet should be considered a free publication. As the Sheridan Country Bounty case demonstrated, a free publication does not meet the criteria to become the county’s official newspaper.
Wood said the purpose of the state’s paid subscriber requirement is to ensure the publication’s longevity, which the Saratoga Sun, having been in circulation since 1888, meets.
The Carbon County Comet is a relatively new publication, starting operations in mid-2023. Carbon County Comet publisher Mike Armstrong argued that his newspaper is now qualified to publish the public notices under state law.
After this story first aired, Wyoming Secretary of State Chuck Grey spoke with Bigfoot99 and said that the statute speaks for itself. “I don’t think the WPA and certainly the Saratoga Sun should decide what is an official newspaper.”
Armstrong told the commissioners that the Comet, which is distributed around the entire county, has a larger reach than The Saratoga Sun, which mainly covers the Platte Valley.
The Rawlins Times did not have a representative present at the meeting to speak on behalf of newspaper.
Commissioner Garrett Irene said all three papers do a good job of covering different areas of the county. However, Commissioner Irene said he believes that the Comet’s larger reach makes it a better choice to serve as the county’s official publication.
Commissioner John Johnson agreed, saying that Carbon County’s size makes it difficult to find one paper that represents every resident. Commissioner Johnson said the Comet’s wider distribution should be taken into account when choosing the official newspaper for 2025.
Saratoga Sun Operations Director Wood approached the board and offered to lower his price by 25 cents per column inch if the county selects his newspaper.
Commission Chairwoman Sue Jones asked County Attorney Ashley Davis for her legal opinion on Wood changing his bid price.
Attorney Davis began by telling the board that they are not obligated to use anyone’s definition of Wyoming statute 18-3-519, but their own. The county attorney said the Comet meets the state’s legal requirements.
Attorney Davis said all three newspapers are considered legal publications.
Regarding Wood lowering his bid price, Attorney Davis stated that the board may accept it but should extend the same opportunity to the other two newspapers. The county attorney recommended asking for another round of bids before making a decision.
The county commissioners agreed that having more than one newspaper is good for Carbon County, as competition increases the quality of the reporting and lowers the cost of advertising. The board voted to postpone selecting the county’s official newspaper and seek another round of sealed bids from The Saratoga Sun, Carbon County Comet, and The Rawlins Times. A decision will be made during the next Board of Carbon County Commissioners on December 17th.
