19.85(1)(g)
(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.
19.85(1)(h)
(h) Consideration of requests for confidential written advice from the ethics board under
s. 19.46 (2), or from any county or municipal ethics board under
s. 19.59 (5).
19.85(1)(i)
(i) Considering any and all matters related to acts by businesses under
s. 560.15 which, if discussed in public, could adversely affect the business, its employes or former employes.
19.85(1)(j)
(j) Considering financial information relating to the support by a person, other than an authority, of a nonprofit corporation operating the Olympic ice training center under
s. 42.11 (3), if the information is exempt from disclosure under
s. 42.115 or would be so exempt were the information to be contained in a record. In this paragraph, "authority" and "record" have the meanings given under
s. 19.32.
19.85(2)
(2) No governmental body may commence a meeting, subsequently convene in closed session and thereafter reconvene again in open session within 12 hours after completion of the closed session, unless public notice of such subsequent open session was given at the same time and in the same manner as the public notice of the meeting convened prior to the closed session.
19.85(3)
(3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under
subch. IV or
V of ch. 111 which has been negotiated by such body or on its behalf.
Effective date note
NOTE: Sub. (3) is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV or V of ch. 111 which has been negotiated by such body or on its behalf.
19.85 Annotation
See note to 19.35, citing Oshkosh Northwestern Co. v. Oshkosh Library Bd. 125 W (2d) 480, 373 NW (2d) 459 (Ct. App. 1985).
19.85 Annotation
Discussion of balance between protection of reputation under (1) (f) and public interest in openness. Wis. State Journal v. UW-Platteville, 160 W (2d) 31, 465 NW (2d) 266 (Ct. App. 1990). See also Pangman v. Stigler, 161 W (2d) 828, 468 NW (2d) 784 (Ct. App. 1991).
19.85 Annotation
A "case" under sub. (1) (a) contemplates an adversarial proceeding. It does not connote the mere application for and granting of a permit. Hodge v. Turtle Lake, 180 W (2d) 62, 508 NW (2d) 603 (1993).
19.85 Annotation
Boards of review cannot rely on exemptions in (1) to close any meeting in view of explicit requirements in 70.47 (2m). 65 Atty. Gen. 162.
19.85 Annotation
University subunit may discuss promotions not relating to tenure, merit increases and property purchase recommendations in closed session. 66 Atty. Gen. 60.
19.85 Annotation
Neither (1) (c) nor (f) authorizes school board to make actual appointment of new member in closed session.
74 Atty. Gen. 70.
19.85 Annotation
County board chairperson and committee are not authorized by (1) (c) to meet in closed session to discuss appointments to county board committees; however, in appropriate circumstances, (1) (f) would authorize closed sessions.
76 Atty. Gen. 276.
19.85 Annotation
Sub. (1) (c) does not permit closed session to consider employment, compensation, promotion or performance evaluation policies to be applied to position of employment in general.
80 Atty. Gen. 176.
19.85 Annotation
A governmental body may convene in closed session to formulate collective bargaining strategy, but sub. (3) requires that deliberations leading to ratification of a tentative agreement with a bargaining unit, as well as the ratification vote, must be held in open session.
81 Atty. Gen. 139.
19.86
19.86
Notice of collective bargaining negotiations. Notwithstanding
s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under
subch. IV or
V of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in
s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee. This section does not apply to a nonprofit corporation operating the Olympic ice training center under
s. 42.11 (3).
Effective date note
NOTE: This section is amended eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
19.86 Notice of collective bargaining negotiations. Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV or V of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee. This section does not apply to a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3).
19.87
19.87
Legislative meetings. This subchapter shall apply to all meetings of the senate and assembly and the committees, subcommittees and other subunits thereof, except that:
19.87(1)
(1) Section 19.84 shall not apply to any meeting of the legislature or a subunit thereof called solely for the purpose of scheduling business before the legislative body; or adopting resolutions of which the sole purpose is scheduling business before the senate or the assembly.
19.87(2)
(2) No provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.
19.87(3)
(3) No provision of this subchapter shall apply to any partisan caucus of the senate or any partisan caucus of the assembly, except as provided by legislative rule.
19.87 Annotation
Sub. (3) applied to closed meeting of Democrats on legislative committee to discuss budget bill. State ex rel. Lynch v. Conta, 71 W (2d) 662, 239 NW (2d) 313.
19.88
19.88
Ballots, votes and records. 19.88(1)
(1) Unless otherwise specifically provided by statute, no secret ballot may be utilized to determine any election or other decision of a governmental body except the election of the officers of such body in any meeting.
19.88(2)
(2) Except as provided in
sub. (1) in the case of officers, any member of a governmental body may require that a vote be taken at any meeting in such manner that the vote of each member is ascertained and recorded.
19.88(3)
(3) The motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection to the extent prescribed in
subch. II of ch. 19.
19.88 History
History: 1975 c. 426;
1981 c. 335 s.
26.
19.88 Annotation
Under (1), common council may not vote to fill a vacancy on the common council by secret ballot. 65 Atty. Gen. 131.
19.89
19.89
Exclusion of members. No duly elected or appointed member of a governmental body may be excluded from any meeting of such body. Unless the rules of a governmental body provide to the contrary, no member of the body may be excluded from any meeting of a subunit of that governmental body.
19.89 History
History: 1975 c. 426.
19.90
19.90
Use of equipment in open session. Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a meeting in a manner that interferes with the conduct of the meeting or the rights of the participants.
19.90 History
History: 1977 c. 322.
19.96
19.96
Penalty. Any member of a governmental body who knowingly attends a meeting of such body held in violation of this subchapter, or who, in his or her official capacity, otherwise violates this subchapter by some act or omission shall forfeit without reimbursement not less than $25 nor more than $300 for each such violation. No member of a governmental body is liable under this subchapter on account of his or her attendance at a meeting held in violation of this subchapter if he or she makes or votes in favor of a motion to prevent the violation from occurring, or if, before the violation occurs, his or her votes on all relevant motions were inconsistent with all those circumstances which cause the violation.
19.96 History
History: 1975 c. 426.
19.96 Annotation
State need not prove specific intent to violate Open Meeting Law. State v. Swanson, 92 W (2d) 310, 284 NW (2d) 655 (1979).
19.97(1)(1) This subchapter shall be enforced in the name and on behalf of the state by the attorney general or, upon the verified complaint of any person, by the district attorney of any county wherein a violation may occur. In actions brought by the attorney general, the court shall award any forfeiture recovered together with reasonable costs to the state; and in actions brought by the district attorney, the court shall award any forfeiture recovered together with reasonable costs to the county.
19.97(2)
(2) In addition and supplementary to the remedy provided in
s. 19.96, the attorney general or the district attorney may commence an action, separately or in conjunction with an action brought under
s. 19.96, to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.
19.97(3)
(3) Any action taken at a meeting of a governmental body held in violation of this subchapter is voidable, upon action brought by the attorney general or the district attorney of the county wherein the violation occurred. However, any judgment declaring such action void shall not be entered unless the court finds, under the facts of the particular case, that the public interest in the enforcement of this subchapter outweighs any public interest which there may be in sustaining the validity of the action taken.
19.97(4)
(4) If the district attorney refuses or otherwise fails to commence an action to enforce this subchapter within 20 days after receiving a verified complaint, the person making such complaint may bring an action under
subs. (1) to
(3) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state.
19.97 Note
Judicial Council Note, 1981: Reference in sub. (2) to a "writ" of mandamus has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
19.97 Annotation
Standard for awarding attorney fees under sub. (4) discussed. Hodge v. Turtle Lake, 180 W (2d) 62, 508 NW (2d) 603 (1993).
19.97 Annotation
Awards of attorney fees are to be at a rate applicable to private attorneys. A court may review the reasonableness of the hours and hourly rate charged, including the rates for similar services in the area, and may in addition consider the peculiar facts of the case and the responsible party's ability to pay. Hodge v. Town of Turtle Lake, 190 W (2d) 181, 526 NW (2d) 784 (Ct. App. 1994).
19.97 Annotation
Actions brought under the open meetings and open records laws are exempt form the notice provisions of sub. (1). Auchinleck v. Town of LaGrange, 200 W (2d) 585, 547 NW (2d) 587 (1996).
19.98
19.98
Interpretation by attorney general. Any person may request advice from the attorney general as to the applicability of this subchapter under any circumstances.
19.98 History
History: 1975 c. 426.
