City needs to right a wrong

City of Ely Mayor, Council, City Clerk, City Attorney:

It has come to our attention that perhaps an error occurred in the decision for your choice in legal printing.

We believe the Timberjay does not qualify as a legal newspaper in the City of Ely because it does not have a “Known office of issue” as required by the law. This is likely why they did not bid for the last three years. Listing a house (see photo) as a “Known office of issue” does not meet the legal requirements. The specific language for this is as follows:

Minn. Stat., sec. 331A.02.
(e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county;
331A.01, Subd. 2. Known office of issue.
“Known office of issue” means the newspaper’s principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue.

As you know, you need to pick a local newspaper to be the City’s official newspaper. If the Ely Echo didn’t have an office in downtown Ely, then you could look at out-of-town newspapers. The specific language for this is as follows:

Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority.
Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated.

Also, we believe the Timberjay does not meet the minimum requirements of having 400 paying subscribers in the City of Ely. This could be easily verified. They listed 409 subscribers in St. Louis County in their most recent USPS Statement of Ownership. If there are more than nine (9) outside the Ely city limits, they do not meet the definition of a legal newspaper. Don’t worry, we’ve got way more than 400 and we’d be happy to verify. The specific language for this is as follows:

(d) be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300

The Ely Echo hereby requests that this action by the City, be rescinded due to the above information.

/S/ANNE SWENSON, PUBLISHER