19.82(2)
(2) "Meeting" means the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter, any gathering of the members of a town board for the purpose specified in
s. 60.50 (6), any gathering of the commissioners of a town sanitary district for the purpose specified in s.
60.77 (5) (k) or any gathering of the members of a drainage board created under s.
88.16, 1991 stats., or under
s. 88.17, for a purpose specified in
s. 88.065 (5) (a).
19.82(3)
(3) "Open session" means a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times. In the case of a state governmental body, it means a meeting which is held in a building and room thereof which enables access by persons with functional limitations, as defined in
s. 101.13 (1).
19.82 Annotation
"Meeting" under (2) was found although governmental body was not empowered to exercise final powers of its parent body. State v. Swanson, 92 W (2d) 310, 284 NW (2d) 655 (1979).
19.82 Annotation
"Meeting" under (2) was found where members met with purpose to engage in government business and number of members present was sufficient to determine parent body's course of action regarding proposal discussed. State ex rel. Newspapers v. Showers, 135 W (2d) 77, 398 NW (2d) 154 (1987).
19.82 Annotation
A municipal public utility commission managing a city owned public electric utility is a governmental body under (1). 65 Atty. Gen. 243.
19.82 Annotation
"Private conference" under 118.22 (3), on nonrenewal of teacher's contract is a "meeting" within 19.82 (2). 66 Atty. Gen. 211.
19.82 Annotation
A private home may qualify as a meeting place under (3). 67 Atty. Gen. 125.
19.82 Annotation
Telephone conference call involving members of governmental body is a "meeting" which must be reasonably accessible to public and public notice must be given. 69 Atty. Gen. 143.
19.83
19.83
Meetings of governmental bodies. Every meeting of a governmental body shall be preceded by public notice as provided in
s. 19.84, and shall be held in open session. At any meeting of a governmental body, all discussion shall be held and all action of any kind, formal or informal, shall be initiated, deliberated upon and acted upon only in open session except as provided in
s. 19.85.
19.83 History
History: 1975 c. 426.
19.83 Annotation
When a quorum of a governmental body attends the meeting of another governmental body where any one of the members is not also a member of the second governmental body, the gathering is a "meeting" unless the gathering is social or by chance. State ex rel. Badke v. Greendale Village Bd. 173 W (2d) 553, 494 NW (2d) 408 (1993).
19.84
19.84
Public notice. 19.84(1)(1) Public notice of all meetings of a governmental body shall be given in the following manner:
19.84(1)(b)
(b) By communication from the chief presiding officer of a governmental body or such person's designee to the public, to those news media who have filed a written request for such notice, and to the official newspaper designated under
ss. 985.04,
985.05 and
985.06 or, if none exists, to a news medium likely to give notice in the area.
19.84(2)
(2) Every public notice of a meeting of a governmental body shall set forth the time, date, place and subject matter of the meeting, including that intended for consideration at any contemplated closed session, in such form as is reasonably likely to apprise members of the public and the news media thereof.
19.84(3)
(3) Public notice of every meeting of a governmental body shall be given at least 24 hours prior to the commencement of such meeting unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting.
19.84(4)
(4) Separate public notice shall be given for each meeting of a governmental body at a time and date reasonably proximate to the time and date of the meeting.
19.84(5)
(5) Departments and their subunits in any university of Wisconsin system institution or campus and a nonprofit corporation operating the Olympic ice training center under
s. 42.11 (3) are exempt from the requirements of
subs. (1) to
(4) but shall provide meeting notice which is reasonably likely to apprise interested persons, and news media who have filed written requests for such notice.
19.84(6)
(6) Notwithstanding the requirements of
s. 19.83 and the requirements of this section, a governmental body which is a formally constituted subunit of a parent governmental body may conduct a meeting without public notice as required by this section during a lawful meeting of the parent governmental body, during a recess in such meeting or immediately after such meeting for the purpose of discussing or acting upon a matter which was the subject of that meeting of the parent governmental body. The presiding officer of the parent governmental body shall publicly announce the time, place and subject matter of the meeting of the subunit in advance at the meeting of the parent body.
19.84 Annotation
Under (1) (b), written request for notice of meetings of governmental body should be filed with chief presiding officer or designee and separate written request should be filed with each specific governmental body. 65 Atty. Gen. 166.
19.84 Annotation
Method of giving notice pursuant to (1) discussed. 65 Atty. Gen. 250.
19.84 Annotation
Specificity of notice required by governmental body discussed. 66 Atty. Gen. 143, 195.
19.84 Annotation
Requirements of notice given to newspapers under this section discussed. 66 Atty. Gen. 230.
19.84 Annotation
A town board, but not an annual town meeting is a "governmental body" within the meaning of the open meetings law. 66 Atty. Gen. 237.
19.84 Annotation
News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for communication of notices.
77 Atty. Gen. 312.
19.84 Annotation
Newspaper is not obligated to print notice received under (1) (b), nor is governmental body obligated to pay for publication. Martin v. Wray, 473 F Supp. 1131 (1979).
19.85(1)(1) Any meeting of a governmental body, upon motion duly made and carried, may be convened in closed session under one or more of the exemptions provided in this section. The motion shall be carried by a majority vote in such manner that the vote of each member is ascertained and recorded in the minutes. No motion to convene in closed session may be adopted unless the chief presiding officer announces to those present at the meeting at which such motion is made, the nature of the business to be considered at such closed session, and the specific exemption or exemptions under this subsection by which such closed session is claimed to be authorized. Such announcement shall become part of the record of the meeting. No business may be taken up at any closed session except that which relates to matters contained in the chief presiding officer's announcement of the closed session. A closed session may be held for any of the following purposes:
19.85(1)(a)
(a) Deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body.
19.85(1)(b)
(b) Considering dismissal, demotion, licensing or discipline of any public employe or person licensed by a board or commission or the investigation of charges against such person, or considering the grant or denial of tenure for a university faculty member, and the taking of formal action on any such matter; provided that the faculty member or other public employe or person licensed is given actual notice of any evidentiary hearing which may be held prior to final action being taken and of any meeting at which final action may be taken. The notice shall contain a statement that the person has the right to demand that the evidentiary hearing or meeting be held in open session. This paragraph and
par. (f) do not apply to any such evidentiary hearing or meeting where the employe or person licensed requests that an open session be held.
19.85(1)(c)
(c) Considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility.
19.85(1)(d)
(d) Except as provided by rule promulgated under
s. 304.06 (1) (em), considering specific applications of probation or parole, or considering strategy for crime detection or prevention.
19.85(1)(e)
(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session.
19.85(1)(ee)
(ee) Deliberating by the council on unemployment compensation in a meeting at which all employer members of the council or all employe members of the council are excluded.
19.85(1)(eg)
(eg) Deliberating by the council on worker's compensation in a meeting at which all employer members of the council or all employe members of the council are excluded.
19.85(1)(em)
(em) Deliberating under
s. 157.70 if the location of a burial site, as defined in
s. 157.70 (1) (b), is a subject of the deliberation and if discussing the location in public would be likely to result in disturbance of the burial site.
19.85(1)(f)
(f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where
par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations.
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.
