Fiscal Court Removes Itself From Newspaper Controversy; At Least For Now

County Attorney Mark McGaha reads KRS and an Attorney General's Opinion to the Fiscal Court and Derek Helm, attorney for The Russell Register.

The Russell County Fiscal Court, meeting Monday night, voted 5 to 1 to rescind last month’s decision to utilize The Russell Register newspaper for publishing all legal notices.  Last month’s vote by the Fiscal Court came after numbers were provided by The Russell Register to County Judge-Executive Mickey Garner, claiming The Russell Register passed The Times Journal during a reporting period last October.  That vote by the Fiscal Court declared The Russell Register newspaper to have the largest number of “paid subscriptions” based on the numbers submitted.  In cases of more than one local newspaper, state law provides that a county’s Fiscal Court can decide which paper to use for publishing legal notices based on which paper has the “largest paid-subscription circulation”.  Following last month’s move, The Times Journal filed suit against the Fiscal Court and The Russell Register, alleging, among other things, that the numbers provided to the Fiscal Court were not accurate.  A lengthy discussion took place during Monday night’s Fiscal Court meeting….both in open session and for nearly half an hour in executive session.  After concluding their private meeting to discuss the pending litigation, the Fiscal Court re-convened its public meeting.  Times Journal publisher David Davenport reported The Times Journal’s “paid subscriptions” total 4,110 with The Russell Register’s being 2,722.  Davenport and County Attorney Mark McGaha both stated the numbers to be used for determination are to be derived from a 12 month average, according to state law, not from any particular week.  The discussions also included members of the Fiscal Court and attorneys for both newspapers.  All in all, nearly an hour was spent on the matter.  Upon advice of County Attorney Mark McGaha that the Fiscal Court remove itself from the controversy to reduce liability on the county, 1^st District Magistrate Greg Popplewell made a motion that the Fiscal Court rescind its vote from last month and the Court not declare one newspaper to have a larger circulation over the other.  3^rd District Magistrate Ronald Johnson seconded the motion.  All five magistrates voted in favor of the measure with County Judge Executive Mickey Garner casting the only “NO” vote.  The Times Journal’s attorney, Harlan Judd, stated that as a result of the Fiscal Court’s vote The Times Journal would file court papers Tuesday to drop its lawsuit against the county.