Mr. Frank Volpintesta

Corporation Counsel
Kenosha County
912 - 56th Street
Kenosha, WI 53140-3747

Dear Mr. Volpintesta:

  In your revised letter dated October 18, 2007, you request an opinion concerning four questions:

1.   Must the county designate an official newspaper?

  In my opinion, the answer is no.

2.   Must the county seek bids for the publication of legal notices and if so must the award go to the lowest bidder?

  In my opinion, a county is not statutorily required to seek bids for the publication of legal notices.

3.   In lieu of bidding the publication of its own proceedings [as provided in Wis. Stat. § 59.14(3)], may the county print its own proceedings or in the alternative post them to its official web site?

  In my opinion, even if a county does not competitively bid the publication of its own proceedings as provided in Wis. Stat. § 59.14(3), it may print its own proceedings or post them on its web site.

4.   In lieu of publication in a printed newspaper or posting on a physical bulletin board, may the county post its legal notices on its official web site?

  In my opinion, the answer is no because placing a legal notice on the county’s web site is not newspaper publication, is not another form of publication, and does not constitute posting in a public place.

Wisconsin Stat. § 59.14 provides:

  Publication of ordinances and proceedings. (1) Whenever a board enacts an ordinance under this chapter the clerk shall immediately publish it as a class 1 notice, under ch. 985; and the clerk shall procure and distribute copies of the ordinance to the several town clerks, who shall file it in their respective offices.