League members may also request an opinion directly from the League via email. Please include the subject heading and number when making such a request.

120. When only one newspaper in a fourth class city qualifies under sec. 985.03(1), Stats., to serve as the city's official newspaper, sec. 985.06(2) requires that the city designate that paper as the official newspaper and publish its legal notices in the qualifying newspaper, even if the newspaper provides unsatisfactory service. 8/25/97.

121. Reaffirms Publications 112 in concluding that a newspaper which is largely sold over the counter in a city or village cannot qualify to be an official newspaper under sec. 985.03, Stats., because it does not have actual subscribers at each publication of not less than 300 copies. Although the statute requires subscribers of 300 copies and does not require 300 actual subscribers, a subscriber must be deemed, in the context of ch. 985.03, to be a person who performs the affirmative act of ordering a publication or service. A store which purchases 50 copies would likely be considered a single subscriber with 50 subscriptions. (5/7/98).

122. A village which has not designated an official newspaper and in which no newspaper meeting the qualifications set forth in sec. 985.03, Stats., is published, may validly choose to post the budget summary, notice of the place where the budget in detail is available for public inspection, and notice of the time and place for holding the public hearing. Sec. 985.05(l), Stats. Such notices must be posted in at least three public places at least 15 days before the time of the budget hearing. See secs. 985.02(2)(a) & (b) and 65.90(3)(a), Stats. 7/24/98.

123. A village which has not designated an official newspaper may comply with the class 1 notice requirement applicable to the first meeting of the board of review under sec. 70.47(2), Stats., by opting to post the notice in at least three public places at least fifteen days before the time of the first session of the board of review and need not publish the notice in a newspaper. Secs. 70.47(2) and 985.05(1), Stats. 3/14/00.

124. Although ch. 985 does not require villages to designate an official newspaper, a village which chooses to do so is required by law to publish all legal notices which the village publishes in that newspaper. Sec. 985.05(2). However, a village may designate a secondary official newspaper to be used in the event that the primary official newspaper is unavailable when a legal notice must be published. 3/15/00.

125. Discusses statutes (chapters 985, 61 and 62) governing publication of municipal legal notices, ordinances  and official proceedings of the village board or common council, and gives a general overview of when municipalities must use an official newspaper meeting certain eligibility criteria, and when village boards can direct that posting be used in lieu of publication. Explains when and how municipalities can publish a code of general ordinances or a portion thereof under Wis. Stat. sec. 66.0103 by publishing an ordinance that incorporates the code or portion thereof by reference. 8/31/07.
126. 2007 Wisconsin Act 72 gives municipalities the option of choosing to publish a notice about a newly enacted ordinance rather than the entire ordinance. This legal note describes what needs to be included in a new ordinance notice and provides a sample notice for communities to use. 3/31/08.