Triton continues with Messenger despite legal opinion by hired attorney

Earlier this year the Triton School Board hired an attorney to look into whether or not the Dodge Center Messenger is a legal newspaper to publish public notices in.
The attorney, Ann Goering, determined in her opinion it was not.
But last month, when the matter was up for discussion again, the School Board unanimously approved going with the Messenger once again as its legal newspaper, on the recommendation of Triton Superintendent Craig Schlichting.
In three separate opinions provided to the district over several months, Goering, a Twin Cities attorney, outlined multiple reasons why the monthly publication is not suited to be a legal newspaper. The last opinion dated March 6 was also shared with officials at the City of Dodge Center and Dodge County.
Goering came to the same conclusion that Dodge Center City Attorney Timothy Woessner did late last year when the issue was raised by the Dodge County Independent, which has been a qualified legal newspaper for decades.
Goering wrote the Messenger does not publish and distribute publications twice a month as required by statute. In addition, the Messenger has failed to post legal notices through the Minnesota Newspaper Association as required by law, she said.
When asked about the decision to move forward with the Messenger, he wrote “When the legality of a paper is in question, the only way to get a definitive legal answer is to follow Minnesota State Statute 331.02 subdivision 4.”
Schlichting claims the Minnesota School Board Association gave advice to the school district on the matter, though the DCI has not been able to independently verify the claim. An email sent to MSBA spokespeople went unreturned.
“MSBA advised that if a paper is listed as a legal paper, that it is in fact safe for a school to use,” he wrote. “The Messenger is listed as a legal paper on the Secretary of State website.”
When asked for a copy of any letters or emails provided by MSBA Schlichting wrote “I called them on the phone and talked to them directly on this matter.”
Triton School Board Chair Wendy Kenworthy wrote “Triton is working off the list of legal newspapers sent to us directly from The Secretary of State’s office which lists The Messenger as a legal newspaper.”
On the Secretary of State website, listing the so-called legal newspaper list, it makes clear the list is based on self-reporting and doesn’t necessarily mean newspapers on it meet the statutory requirements to run public notices as a designated official newspaper.
“Newspapers must satisfy several requirements to be a legal newspaper, including that they register with the Minnesota Secretary of State and pay a $25 fee,” the disclaimer on the Secretary of State website stated. “There are over 300 newspapers that have registered with the Minnesota Secretary of State’s office. The fact that a newspaper has registered with the Minnesota Secretary of State does not prove the newspaper has satisfied all criteria necessary to be a legal newspaper. You are responsible for ensuring any newspaper that you use is qualified to be a legal newspaper under Minnesota law.”
An initial review of the list on the Secretary of State website listed multiple newspapers which have ended its publication all together.
The Secretary of State’s office has not responded to an inquiry from the DCI.
A follow-up to Kenworthy regarding the disclaimer went unreturned.
For the legal opinion rendered by Goering Dodge Center City Administrator Lee Mattson said the city paid $2,000 towards the attorney cost.
“The Council reviewed the legal opinion and determined to take no action with regard to a legal newspaper until we designate a newspaper in 2025,” he wrote in an email.
Dodge County, and Triton Schools also contributed to the cost.
“The cost for the law firm was shared with the City of Dodge Center and Dodge County. I will need to check the records for the actual amount for this opinion,” Schlichting wrote in an email.
West Concord also uses the Messenger as its legal newspaper, albeit, they were never provided with the legal opinion according to West Concord City Administrator Paula Even Trenda.
“I haven’t seen this letter before today,” she wrote in an email referring to the legal opinion rendered. “As far as West Concord is concerned, the Messenger is our Legal Paper. Beyond that, I guess you need to chat with Terry over at the Messenger.”
Goering, when reached by email, declined to comment on the matter for the story.
“I do not give press interviews regarding my legal opinions except when expressly asked to do so by the School Board, which has not occurred,” she wrote in an email.
Investigation Finds Other Issues
Aside from the issue regarding the status of the Messenger being a legal newspaper, Goering found other concerns regarding public notices.
Goering wrote the Messenger does not publish and distribute publications twice a month as required by statute. In addition, the Messenger has failed to post legal notices through the Minnesota Newspaper Association as required by law, she said.
“The Messenger’s failure to publish and distribute its issues twice in July 2023, and possibly other months, alone disqualify it as a legal newspaper at this time,” Goering said.
Goering’s investigation found that Triton Schools have not published legal notices correctly within the past year. She pointed out how a Public Notice of Request for Proposal with a deadline of Aug. 25, 2023 was finally published by the Messenger on Oct. 3. She said the publication of legal notices must be timely.
At the direction of Superintendent Craig Schlichting, the Triton School Board voted last July to switch legal notice publication from the Dodge County Independent to the Messenger.
On Jan. 29, Goering offered a follow-up opinion to Schlichting stressing once again that the Messenger has not complied with the statutory requirements of a legal newspaper. She also made it clear that the district must comply with statutory requirements for at least one full year before even considering the Messenger as a legal newspaper.
She outlined how the Messenger failed to timely publish its e-edition at least twice a month over the past year. For example, Goering pointed out that the August, September and October e-editions were finally published in November 2023, which coincides with the exact timing of when the Dodge County Independent raised the issue with Schlichting and school board members. In fact, posting online came within days of the Independent reaching out to the district.
Reached by email Dodge County Independent Publisher Rick Bussler wrote “It’s deeply troubling to me that Triton School has chosen to ignore its own legal advice.”
“The Messenger has never been a legal newspaper, and they have been called out for being a phony legal paper,” he wrote. “Apparently, they think they are above the law and don’t need to follow it. What’s even more disheartening is that Triton School officials condone inappropriate behavior.”