The first of the year is a terrific time to ensure that your municipal publications are compliant with state statute. Many municipal processes require notification to the public, typically handled through publication in a newspaper of general circulation. 25 O.S. §106 addresses legal publication by newspaper and provides in pertinent part as follows:
No legal notice, advertisement, or publication of any kind required or provided for by the laws of this state to be published in a newspaper shall have force or effect unless published in a legal newspaper of the county. A legal newspaper of the county is any newspaper which, during a period of one hundred four (104) consecutive weeks immediately prior to the first publication of such notice, advertisement, or publication:
has maintained a paid general subscription circulation in the county; and
has been admitted to the United States mails as paid second-class mail matter; and
has been continuously and uninterruptedly published in the county. If there is no legal newspaper in a county, then all legal notices, advertisements, or publications of any kind required or provided for by the laws of this state shall be published in a legal newspaper in an adjoining county of this state, which newspaper has general circulation in the county or political subdivision in which such notice is required.
This provision of state statute was discussed at length in the case of Town of Goldsby v. City of Purcell, 2010 OK CIV APP 14. Town of Goldsby involved a declaratory judgment action filed by Goldsby alleging that the annexation sought by Purcell was void due to lack of proper and timely publication of notice. The trial court held that Purcell’s publication in the Oklahoman was not proper because it was not published within McClain County as required by the statute. Newspapers from adjoining counties may not be used unless there is no legal newspaper in the county. Citing Ruble v. Redden, 1973 OK 157, the Court noted that:
The legislature has an interest in seeing that the publication of legal notices is accomplished in a manner most likely to reach the persons affected by or interested in the notice.
Failure to comply with publication of notice for various municipal processes, as evidenced above, has the effect of voiding any Council or Board action. In preparation for the New Year, it may be a good time to review the publication practices of your City or Town Clerk, and also ensure that the publication utilized meets the statutory criteria set forth above.