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 employees or former employees.
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. I,
IV or
V of ch. 111 which has been negotiated by such body or on its behalf.
19.85 Annotation
Although a meeting was properly closed, in order to refuse inspection of records of the meeting, the custodian was required by s. 19.35 (1) (a) to state specific and sufficient public policy reasons why the public interest in nondisclosure outweighed the public's right of inspection. Oshkosh Northwestern Co. v. Oshkosh Library Bd.
125 Wis. 2d 480,
373 N.W.2d 459 (Ct. App. 1985).
19.85 Annotation
The balance between protection of reputation under sub. (1) (f) and public interest in openness is discussed. Wis. State Journal v. UW-Platteville,
160 Wis. 2d 31,
465 N.W.2d 266 (Ct. App. 1990). See also Pangman v. Stigler,
161 Wis. 2d 828,
468 N.W.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 Wis. 2d 62,
508 N.W.2d 603 (1993).
19.85 Annotation
A closed session to discuss an employee's dismissal was properly held under sub. (1) (b) and did not require notice to the employee under sub. (1) (c) when no evidentiary hearing or final action took place in the closed session. State ex rel. Epping v. City of Neilsville,
218 Wis. 2d 516,
581 N.W.2d 548 (Ct. App. 1998).
19.85 Annotation
Boards of review cannot rely on the exemptions in sub. (1) to close any meeting in view of the explicit requirements in s. 70.47 (2m). 65 Atty. Gen. 162.
19.85 Annotation
A 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 sub. (1) (c) nor (f) authorizes a school board to make actual appointments of new member in closed session.
74 Atty. Gen. 70.
19.85 Annotation
A county board chairperson and committee are not authorized by sub. (1) (c) to meet in closed session to discuss appointments to county board committees; however, in appropriate circumstances, sub. (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 a 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.
19.85 Annotation
"(E)videntiary hearing" as used in s. 19.85 (1) (b), means a formal examination of accusations, by receiving testimony or other forms of evidence, that may be relevant to the dismissal, demotion, licensing, or discipline of any public employee or person covered by that section. A council that considered a mayor's accusations against an employee in closed session without giving the employee prior notice violated the requirement of actual notice to an employee. Campana v. City of Greenfield,
38 F. Supp.2d 1043 (1999).
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. 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 a legislative committee to discuss the budget bill. State ex rel. Lynch v. Conta,
71 Wis. 2d 662,
239 N.W.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 sub. (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
The state need not prove specific intent to violate the Open Meeting Law. State v. Swanson,
92 Wis. 2d 310,
284 N.W.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
The standard for awarding attorney fees under sub. (4) is discussed. Hodge v. Turtle Lake,
180 Wis. 2d 62,
508 N.W.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 Wis. 2d 181,
526 N.W.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 s. 893.80 (1). Auchinleck v. Town of LaGrange,
200 Wis. 2d 585,
547 N.W.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.
