https://www.hollandsentinel.com/story/news/politics/county/2018/10/13/man-city-disagree-on-newspaper/9562852007/ Man, city disagree on newspaper qualification Erin. Dietzer [email protected] SAUGATUCK — A Saugatuck Township man and the city of Saugatuck disagree on whether or not the Local Observer newspaper qualifies to run the city's public notices. By law, municipalities must publish legal notices in a qualified newspaper. Legal notices include things like election notices and anything ordered by the court, such as an order, citation, summons, advertisement or other matter arising out of judicial proceedings. Under Michigan law 691-1051, a newspaper needs to meet the following requirements to publish legal notices: • has an accurate list of paying subscribers or has been published at not less than weekly intervals in the same community without interruption for at least two years. • has been published and of general circulation at not less than weekly intervals without interruption for at least one year in the county, township, city, village or district where the notice is required to be published. • annually averages at least 25 percent news and editorial content per issue. The term “news and editorial content” for the purpose of this section means any printed matter other than advertising. That final point is what Stephen Sheridan, a former Allegan County district court judge, has taken issue with. Sheridan conducted what he termed "an audit" of the Local Observer newspaper and said the results showed the Local Observer falls below the 25 percent threshold. Sheridan filed a complaint with the Michigan Attorney General’s Office to investigate the situation and sent a copy of a complaint to the city of Saugatuck. Sheridan also has a pending lawsuit filed in April against the Local Observer, claiming the paper ridiculed, humiliated and slandered Sheridan and his wife. That claim came after multiple stories from the Local Observer related to Saugatuck Township manager Aaron Sheridan, Stephen Sheridan's son, who was publicly reprimanded in April 2017 for unprofessional conduct. On Aug. 23, the attorney general’s office declined to investigate the complaint, saying in a letter that the office does not supervise local units of government or the newspapers they contract with, and that is governed by local regulations and statutes. On Oct. 6, attorney Jeffrey Sluggett from the Grand Rapids-based law firm Bloom Sluggett responded to Sheridan's complaint on behalf of the city of Saugatuck. In the letter, Sluggett said there was "insufficient information at this time to conclude that the Local Observer does not meet the definition of 'newspaper' under MCL 691.1051." Specifically, Sluggett's letter points out the statute does not define the term "advertising." Sheridan's complaint identifies it as "any published items that are paid for", a definition based on “newspaper industry sources." Sluggett said that definition has no legal authority and, even if the city were to apply that definition, it does not take into account the Local Observer regularly "donates" advertising space, so it wouldn't fall under the advertising definition set forth in Sheridan's complaint because the newspaper isn't making a profit off of it. "The Local Observer has always had a policy of periodically donating space to nonprofits, governments, community groups, etc., as our way of giving back and saying 'thank you' to the communities we serve," Local Observer editor Michael Gallagher told The Sentinel. Sheridan disagreed with Sluggett's legal opinion, stating in an email to Saugatuck City Manager Kirk Harrier that the statute makes no distinction between paid for advertising and unpaid advertising and that, "advertising is advertising, whether it is donated or not." He noted he had also filed a complaint with the Secretary of State’s bureau of elections, and urged the city to review this matter for additional legal advice. At the city's Monday, Oct. 8, meeting Sheridan, his brother Jack Sheridan, family member Kathy Sheridan and three other residents — one from Holland, one from Saugatuck Township and one from the city of Saugatuck — urged the city to reconsider its relationship with the Local Observer during the public comment period. Sheridan particularly expressed concern about election notices the city put in the Local Observer, saying that it would be a "serious matter" if they were being placed in an unqualified paper. "I am not demanding," Stephen Sheridan told city council. "I'm simply asking you to look into your hearts." City council did not respond to the complaints at Monday's meeting, with Mayor Ken Trester noting that the public comment period is not a time for "argument, debate or singling anyone out," but for listening. Harrier told The Sentinel on Thursday, Oct. 11, he has not been given direction to engage the city attorney for any additional review of the complaint. Harrier also said the Allegan County Clerk puts all election notices in the Allegan County News and Gazette on behalf of all the clerks in Allegan Couty, unless it is a local, stand-alone election. The Saugatuck clerk also puts an additional notice in the Local Observer. "Each election notice is only required to be published once," he said. "However, since many City of Saugatuck residents don’t receive the Allegan County News and Gazette, the Saugatuck city clerk also publishes a notice in the Local Observer to keep City of Saugatuck residents informed even though it’s not legally required. — Follow this reporter on Twitter @SentinelErin.