BAY MINETTE — A controversy which erupted at a Baldwin County Commission meeting and continued later at a July 8 work session involving department heads’ decision to ignore a state Supreme Court ruling on placement of legal advertising is “not likely” to reappear, according to Scott Barnett chief counsel for the Commission.

“We will probably end up going with Gulf Coast Newspapers,” Barnett said Monday. “That is the advice I have given to the Commission, and it satisfies the base requirement. If the Commission wants to do something in addition (publish in other newspapers,) it benefits the public even more.”

The Alabama Supreme Court determined in 1985 that Gulf Coast Newspapers, rather than the Baldwin Register, met requirements of a general circulation newspaper as described in state codes, and is the paper of record for publication of legal notices in Baldwin County.

County department heads abided by the ruling until July 2007, four months after GCN missed the third installment of a legal advertisement involving property vacation. The consecutive, four-week run is a requirement stated in state codes.

After subsequent discussions about alternative publications, the county highway department published a legal ad in The Register on Oct. 9, 16, 23 and 30. Additional legals advertisements from the highway and planning and zoning departments have been published in The Register.

GCN group publisher Jim Walther said the omission of the third installment of the legal ad was caused by human error or a production glitch.

“We made a mistake,” Walther said. “We will do everything possible to prevent that from happening again.”

Baldwin County Commissioner Frank Burt spearheaded discussions at the Commission meeting and work session, arguing that county staffers should follow state law and the Supreme Court ruling “until or unless the Supreme Court reverses itself or the Legislature changes the law.”

Burt also expressed concern about legal ramifications for legal notices which are not properly advertised in GCN.

“I have talked to several lawyers and they all told me if the publication did not follow state code, it’s as if it was never published,” Burt said. “We don’t need to go against the Supreme Court and face lawsuits.”

As Commission chairman, Burt said he would ask where any legal advertisement brought before the Commission was published and veto all legal ads not published by GCN.

Other commissioners do not share Burt’s concerns.

At the July 8 work session, Commissioner David Ed Bishop suggested a state Legislature clarification of the bill or an attorney general’s opinion.

“Twenty years ago, Gulf Coast Newspapers, in my opinion, was probably the paper of circulation,” Bishop said. “We need to find out how we can get into the here and now. I’m not saying they are not a good newspaper. But the fact of the matter is The Register has the largest numbers going out every day, seven days a week.”

Commissioner Charles Gruber said different requirements are addressed by different statutes, citing highway department advertisements that must be advertised statewide in Montgomery, Birmingham and Huntsville.

“As far as advertising, you can’t advertise everything in one paper,” Gruber said.

Commissioner Wayne Gruenloh said he did not believe the Commission erred by advertising in The Register, and that department heads should determine where advertising is placed.

“Certainly, until we get this question resolved, I would advertise in both,” Gruenloh said.

At press time Tuesday, the Commission was expected to review a July 18 letter from Spanish Fort city attorney David Conner asking the panel to republish legal advertisements concerning extraterritorial planning jurisdiction that appeared in the Jan. 15 and 22 edition of the Baldwin Register.

“It is our belief that the Baldwin Register section of the Mobile Register does not meet the requirements of an authorized newspaper for the purpose of publishing legal notices in Baldwin County at this time,” Connor stated in the letter.

Burt added the item to the agenda and is requesting “immediate” publication in GCN newspapers to fulfill state code requirements. He also added amended extraterritorial agreement legal advertisements involving Daphne and Loxley.

Cal Markert, director of the county highway department, and Planning and Zoning Director Wayne Dyess were expected to present the Commission on Tuesday with a list of legal advertisements published by the Mobile Register.

Burt said the Commission would review the list and discuss publication in GCN to meet state codes.

“We need to determine how many have been inappropriately advertised,” Burt said. “I am not sure of the repercussions.”

Meanwhile, Barnett has compiled a 26-category, rough draft “matrix” designating which legal advertisements may be published in The Register and meet state codes.

Barnett suggests that five of the listings may be published in The Register. Those categories include lending the county’s credit or expending public funds, public hearings involving purchase leases, or acquiring and improving properties, Alabama Department of Transportation grants, contracts for a public works exceeding $500,000 and instances where the county is a part of an improvement authority and intends to examine the accounts and books of that authority.