Debate Continues Over Pender County’s Official Newspaper Designation

The board is using G.S. 1-597. It lists requirements allowing legal ads to be published through different outlets, which includes having a general circulation in the area where the ad comes from.

PENDER COUNTY (WWAY) –There’s a new twist in the ongoing controversy over Pender County commissioners deciding not to publish legal notices in the ‘Pender-Topsail Post & Voice’ – in the future. If you thought things were starting to die down, they’re actually heating up. In April, the Pender County Board of Commissioners voted 3 to 2 to stop publishing legal notices in the ‘Pender-Topsail Post & Voice,’ a news outlet that’s been the county’s newspaper for decades. Fast forward to Monday, residents are still upset about this decision. They expressed their opinions during the public comment at Monday’s Pender County regular board meeting.

“I think you need to revisit the newspaper issue,” said Pender County resident Kenny Ramsley. “If you can give a real legitimate reason why it’s fiscally sound and legal, I’ll accept that.”

The board wants to use the Wilmington Star News.

“This doesn’t have anything against the Star News. I don’t bash other newspapers. But, they’re not qualified by state statute to be the paper of record here in Pender County,” said the paper’s editor and publisher, Andy Pettigrew.

In a conversation with Pettigrew, he explained to me how the county is justifying its actions.

“Commissioners claimed that they had spoken to the UNC School of Government and that the UNC School of Government told them it’s okay to choose anyone they wanted,” Pettigrew explained. “When I heard that, it was such a grievous mistake that I couldn’t believe the UNC School of Government said that.”

Pettigrew says the board is using G.S. 1-597. It lists requirements allowing legal ads to be published through different outlets, which includes having a general circulation in the area where the ad comes from. That means the newspaper has to be published in Pender County.

“She was told the wrong information from the county because we’re the only paper in the county that is published here,” Pettigrew said.

We reached out to the School of Government for ourselves. Assistant Professor of Public Law, Kristina Wilson says to me “We discussed the operative statute, G.S. 1-597, and how there is not much interpreting case law, especially in more recent years. Given the lack of interpretive case law, I gave Pender County my best guess (stressing that it was a guess): I told Pender County that StarNews was legally adequate under G.S. 1-597 as a newspaper of general circulation, submitted to the mail in Pender County, with paid subscribers in Pender County.
 
Unfortunately, I was speaking under my incorrect understanding that StarNews is submitted to the mail in Pender County as required by statute. Mr. Pettigrew informed me that StarNews is not submitted to the mail in Pender County. On that information, I do not think that StarNews would meet the requirements in G.S. 1-597, but again, given the ambiguity, this is arguable. There are cases that go both ways on this question. I told that to Mr. Pettigrew when I spoke with him earlier today.”

We didn’t want to be one-sided so we asked Commissioner Groves for comment. He told us off camera our newsroom gave misinformation on the controversy. So, we tried getting clarity, but he cleared out.

Pettigrew said since this controversy started, he’s seen an even bigger number of paid subscribers than before.