See PUBLIC OFFICIALS; COMPATIBILITY
OLD AGE ASSISTANCE
Property taxes
The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the State for payment of their property taxes with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981
ONEIDA INDIANS
See also INDIANS
Administrative Code
State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276
58 OAG 91 (1969) withdrawn
Bingo
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Construction of buildings
State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) withdrawn. 65-276
58 OAG 91 (1969) withdrawn
Contracts
The Oneida Tribe is not a "municipality" within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are met. 76-189
Green Bay Metropolitan Sewerage District
The Oneida Tribe is not a "municipality" within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are met. 76-189
Law enforcement
While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies as to how such dispatch services should be performed in furtherance of their law enforcement functions. 78-85
Sewerage Commission
Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. 72-132
OPEN MEETING
See also CONFIDENTIAL REPORTS; PUBLIC RECORDS; and articles found in Introduction to 49 OAG (1960), 54 OAG (1965), and 65 OAG (1976)
Accessible, without assistance, to persons with disabilities
State governmental bodies are required to hold meetings in places which are accessible, without assistance, to persons with disabilities. Local governmental bodies are required to hold meetings in places which are accessible with or without assistance to persons with disabilities. 69-251
Advisory committees
Department of Natural Resources advisory committees that have at least some members who are not officers or employes of the DNR and that are appointed by the board, the secretary, district directors, bureau directors or property managers are subject to the open meetings law. 78-67
Annual town meeting
A town board is a "governmental body" within the meaning of the Open Meetings Law and is subject to its provisions, including the notice requirements of secs. 19.83 and 19.84, Stats. An annual town meeting is a meeting of the electorate. It is not a "governmental body" within the meaning of the Open Meetings Law, and therefore, notice under subch. IV, ch. 19, Stats., is not required. If an annual town meeting is held at a time other than on the first Tuesday in April, notice must be given as required by secs. 60.17(2) and 60.13, Stats. Other Open Meetings Law notice requirements discussed. 66-237
Apprenticeship committees
Joint apprenticeship committees, appointed pursuant to Wis. Adm. Code, sec. Ind. 85.02, are governmental bodies within the meaning of sec. 66.77(2)(c), Stats., and subject to the requirements of the Open Meeting Law (sec. 66.77, Stats.). 63-363
Articles
Introduction to 49 OAG (1960), 54 OAG (1965) and 65 OAG (1976)
Attorneys
If there is no conflict between the Rules of the Board of Attorneys Professional Responsibility and the Open Meeting Law, it lies within the discretion of the Court to defer to legislative policy. If there is a conflict, the Court probably would conclude that the Open Meeting Law is inapplicable. (Unpub.). 67-1979
Attorneys' fees
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Sections 895.35 and 895.46, Stats., apply to actions for open meetings law violations to the same extent they apply to other actions against public officers and employes, except that public officials cannot be reimbursed for forfeitures they are ordered to pay for violating the open meetings law. 77-177
Bargaining
See Collective Bargaining
Central Wisconsin State Fair Association
See State Fair
City council
The exemption in section 19.85(1)(c), Stats., of the open meetings law only authorizes a governmental body to convene in closed session to consider employment, compensation, promotion or performance evaluation of a specific public employe or employes. The purpose of the exemption is to protect the public employe who is being considered, not to protect the governmental body. The exemption does not permit a governmental body to convene in closed session to consider employment, compensation, promotion or performance evaluation policies to apply to a position of employment in general, but may permit a governmental body to convene in closed session to apply those general policies to a specific employe or employes. 80-176
Closed session
A county board chairperson and a county board committee are not authorized by section 19.85(1)(c), Stats., to meet in closed session to discuss appointments to county board committees; however, in appropriate circumstances section 19.85(1)(f) would authorize closed sessions. 76-276
Common school district board could utilize closed session to discuss qualifications of potential candidates for vacancy, if and only if, personal matters to be discussed might unduly damage reputations. (Unpub.). 9-1976
The exemption in section 19.85(1)(c), Stats., of the open meetings law only authorizes a governmental body to convene in closed session to consider employment, compensation, promotion or performance evaluation of a specific public employe or employes. The purpose of the exemption is to protect the public employe who is being considered, not to protect the governmental body. The exemption does not permit a governmental body to convene in closed session to consider employment, compensation, promotion or performance evaluation policies to apply to a position of employment in general, but may permit a governmental body to convene in closed session to apply those general policies to a specific employe or employes. 80-176
Governmental body can call closed session for proper purpose without giving notice to members of news media who have filed written request under sec. 66.77(2)(e), Stats. 63-470
University subunit may discuss promotions not relating to tenure, merit increases and property purchase recommendation in closed session. 66-60
Where a governmental body has convened in open session on proper notice, it can convene in closed session for proper purposes to discuss an element of subject matter for which the meeting was called, and which is proper to discuss in closed session, upon motion made and adopted with vote of each member recorded, if proper public announcement is made to those present at the meeting and if such closed session was not contemplated at the time notice for the open session was given. 66-106
Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitation with respect thereto. 67-117
Collective Bargaining
Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. 81-139
Where Common Council hears a grievance under a procedure established under a signed contract, the Council is engaged in collective bargaining within the meaning of sec. 111.70(1)(d), Stats., and is therefore, for that purpose, not a "governmental body" within the meaning of sec. 19.82(1), Stats., of the Open Meeting Law. 67-276
Common Council
Common Council may not vote to fill vacancy on Council by secret ballot. Sec. 19.88(1), Stats. 65-131
Communication"
Meaning of "communication" in sec. 66.77(2)(e), Stats., the Open Meeting Law, discussed with reference to giving the public and news media members adequate notice. 63-509
Posting in Governor's office of agenda of future Investment Board meetings is not sufficient communication under sec. 66.77(2)(e), Stats., as created by ch. 297, Laws of 1973, to the public or the news media who have filed a written request for notice. 63-549
Coroner's inquest
The Open Meeting Law does not apply to a coroner's inquest. 67-250
