The State of Alabama, on behalf of Rick Allison, Probate Judge of Walker County, appeals from a judgment of the Walker Circuit Court in favor of Jill Farris, the county administrator for Walker County. By statute, Judge Allison, as the chief elections officer for Walker County, see § 17-1-3(b), Ala.Code 1975, must publish certain voter lists and election notices (the lists and the notices are hereinafter referred to as collectively "the notices"). § 17-4-1, § 17-8-2, § 17-9-5, and § 21-4-23(b), Ala.Code 1975. Judge Allison argues on appeal, as he did in the circuit court, that he may determine in which newspaper of general circulation the notices will be published and that he may also contract with that newspaper for the cost of publishing the notices.
On February 28, 2014, Judge Allison requested bid proposals from the two newspapers of general circulation in Walker County — The Daily Mountain Eagle and The Corridor Messenger. In the past the notices were simply published in both newspapers. Judge Allison initiated the bidding process to avoid the expense of publishing the notices in both newspapers. Before The Corridor Messenger began publication in 2007, the notices were published only in The Daily Mountain Eagle, which was at that time the sole newspaper of general circulation in Walker County.
Pursuant to Judge Allison's request for bids, The Daily Mountain Eagle and The Corridor Messenger on March 21, 2014, submitted their proposals. The amount of The Corridor Messenger's proposal was approximately $17,500 less than the amount of The Daily Mountain Eagle's proposal. On March 28, 2014, Judge Allison signed a contract with Corridor Messenger, Inc., authorizing publication of the notices in The Corridor Messenger and reviewed and approved a draft publication of the notices.
Although § 17-4-1 authorizes Judge Allison and the Walker County Commission ("the Commission") to publish the voter lists, the Commission is not authorized to publish the election notices referenced in §§ 17-8-2, 17-9-5, and 21-4-23, and, for that reason, Farris focuses her argument solely on § 17-4-1.
On April 8, 2014, the Commission invited separate bids for publishing the election lists it was authorized to publish. On April 10, 2014, an attorney for the Commission notified The Corridor Messenger that "the Walker County Commission will not pay for any advertising requested by the Walker County Probate Judge regarding voter information until further notice." A copy of this letter was sent to Judge Allison's attorney.
In response, Judge Allison, in his official capacity, filed in the Walker Circuit Court a petition for a writ of mandamus or, in the alternative, a complaint for declaratory and injunctive relief requiring Farris, in her official capacity as administrator for Walker County, to make payment on behalf of the Commission to Corridor Messenger, Inc., for that company's publication of the notices in The Corridor Messenger pursuant to its contract with Judge Allison. Judge Allison also asked the circuit court to order the Commission to pay reasonable costs and attorney fees incurred by him in pursuit of these remedies. Judge Allison requested a hearing for no later than April 30, 2014, the date by which The Corridor Messenger was required by the contract to publish the notices. The circuit court set a hearing for April 30, 2014. Farris did not answer Judge Allison's pleading. On May 2, 2014, following the hearing, the circuit court denied Judge Allison's request for relief, stating, in part:
On June 3, 2014, Judge Allison timely filed a motion for a new trial or, in the alternative, to alter, amend, or vacate the judgment. On July 31, 2014, the circuit court heard oral argument on the motion and received testimony and documentary evidence from Judge Allison and Farris. The motion was denied by operation of law on September 2, 2014. Judge Allison filed a timely notice of appeal on October 8, 2014, seeking not only payment for the costs of publishing the notices but also attorney fees for his efforts to compel the Commission to pay those costs. On appeal Judge Allison presents one issue for review: Whether Judge Allison, who is statutorily charged with publishing the notices, can decide which newspaper will publish the notices, enter into a contract for publication of the notices, and bind the Commission to pay the costs of publication.
Wood v. Booth, 990 So.2d 314, 317-18 (Ala. 2008) (quoting Ex parte Forrester, 914 So.2d 855, 858 (Ala.2005)).
The parties do not dispute that the Commission ordinarily must pay for the publication of the notices. Farris conceded this point in the circuit court, stating: "We are obligated to pay for the cost of publishing. No question about it."
Section 17-4-1, Ala.Code 1975, states, in relevant part:
This statute does not specify whether a probate judge has the authority to determine which newspaper of general circulation will publish the required voter lists and at what cost. Nor does it say that a probate judge must obtain the county commission's approval for the costs of publishing the lists. This inconvenient silence has caused the confusion below, as evidenced by the following exchange between Judge Allison's attorney, Mr. Algert S. Agricola, and Farris's attorney, Mr. Edward R. Jackson, during the April 30, 2014, hearing:
Judge Allison's position, accordingly, is that by mandating that he publish the voter lists, § 17-4-1 — and by analogy §§ 17-8-2, 17-9-5, and 21-4-23(b) — implicitly requires the Commission to pay the costs of publishing the lists — a position Farris does not dispute. Indeed, Farris concedes that the Commission generally must pay for publishing the lists, and indeed the notices, but only if, she says, Judge Allison first submits the name of the newspaper and the costs of publication to the Commission for prior authorization. Farris contends that the Commission is entitled to choose in which newspaper, and at what cost, the notices should be published.
To support this proposition, Farris relies on the following language from § 17-4-1:
Farris argues that this provision "clearly indicates a county commission has authority to participate in the publication process regarding selection and the format for publication." We disagree that the Commission has the discretion to approve or disapprove publication decisions that only the probate judge is required, by statute, to make. Although § 17-4-1 authorizes a county commission to publish the voter lists at its own discretion, that authority does not affect, and certainly does not undermine, the probate judge's legal obligation to publish the notices.
Under Farris's interpretation of § 17-4-1, Judge Allison would have been required to initiate the bidding process with The Daily Mountain Eagle and The Corridor Messenger and then to submit a prepublication request to the Commission, which would have to approve the request before any publication could occur or reject the request, in which event no publication would occur. Judge Allison's statutory mandate to publish the notices within the statutorily prescribed time would thus have been contingent on the timeliness of the Commission's response to his request. If the Commission delayed its decision or failed to approve reasonable publication costs, then Judge Allison would be in violation of the law through no fault of his own, and the object of the statute would be defeated. Courts generally "reject a meaning that defeats a law's object." 2A Sutherland Statutory Construction § 47:27 (7th ed.2014). Moreover, "[t]he provisions of a text should be interpreted in a way that renders them compatible, not contradictory." Scalia and Garner, Reading Law at 180. Farris's interpretation of § 17-4-1 would create incompatibility between a county commission's discretionary authority and a probate judge's mandate to publish. Accordingly, we reject Farris's interpretation of § 17-4-1. A probate judge's affirmative duty ("shall publish") and authority may not be superseded by a county commission's discretionary option to publish the voter lists as advertising supplements.
Because we cannot give effect to Farris's interpretation of § 17-4-1 without defeating the object of that statute, and because neither Farris nor the circuit court cited any cases or statutes to support the circuit court's holding that a probate judge "lacks the authority to contract with [newspapers] for the services required to fulfill the [publication] mandate under the statute," we reverse the circuit court's holding that the Commission's "obligation to fund ... must carry with it the right to select the publisher and the right to determine the price to be paid." Judge Allison's statutory obligation to publish cannot be divorced from the authority to contract for publication. In order to publish Judge Allison must contract with a newspaper. To deprive him of the ability to contract with a newspaper for publication would deprive him of the ability to publish. Therefore, we hold that, under § 17-4-1, and by implication the other applicable statutes, probate judges may contract with newspapers to publish the notices that are required by that statute to be published in a local newspaper.
Finally, Farris argues that Judge Allison's authority to contract with a newspaper to publish the notices carries with it the corresponding duty to contract properly, that is, to comply with Alabama's competitive-bid law. In support of her argument, Farris cites § 36-25-11, Ala.Code 1975, which states:
Farris asserts that the notices were not exempt from the competitive-bid law, see § 41-16-51, Ala.Code 1975 (listing contracts exempt from the competitive-bid law), and that the contract between Judge Allison and Corridor Messenger, Inc., is subject to competitive bidding because it covered "labor, services, [or] work ... involving fifteen thousand dollars ($15,000) or more, made by or on behalf of" the office of a probate judge. § 41-16-20, Ala. Code 1975. Judge Allison, for his part, argues that he substantially complied with the competitive-bid law, thus obligating the Commission to pay the costs of publishing the notices. See Kennedy v. City of Prichard, 484 So.2d 432, 434 (Ala.1986) (substantial compliance may satisfy the competitive-bid law); Brown's Ferry Waste Disposal Ctr., Inc. v. Trent, 611 So.2d 226, 230 (Ala.1992) (same); Owens v. Bentley, 675 So.2d 476, 478 (Ala.Civ.App. 1996)(same).
Having reviewed the record and briefs before us, we conclude that the circuit court did not rule on the issue or make findings of fact regarding whether the competitive-bid law applied and, if so, whether Judge Allison complied with the competitive-bid law.
As chief election officer for Walker County pursuant to § 17-1-3(b), Ala.Code 1975, Judge Allison may contract to publish the notices he is required to publish under § 17-4-1, § 17-8-2, § 17-9-5, and § 21-4-23(b), Ala.Code 1975. We therefore reverse the circuit court's judgment insofar as it held otherwise. We remand the case for further proceedings, including a determination of whether the competitive-bid law applies and, if so, whether Judge Allison substantially complied with the competitive-bid law and whether Judge Allison's request for attorney fees is appropriate.
REVERSED AND REMANDED.
BRYAN, J., concurs in the result.