The Wisconsin Open Meetings Law: The Basics
John C. Dowling
Sr. University Legal Counsel
University of
Wisconsin-Madison
500 Lincoln Drive, 361
Bascom Hall
Madison, Wisconsin 53706
Tel. 608-263-7400
Fax. 608-263-4725
The
general rule
[s. 19.83, Wis. Stats.] - Every
meeting of a governmental body shall be preceded by a public notice 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.
What
is a “governmental body?” [s. 19.82(1), Wis.
Stats.] - Generally, all campus
committees that are created by rule or official act.
What
is a “meeting?” [s. 19.82(2), Wis. Stats.] -
The convening of the members of a governmental body for the purpose of
exercising its responsibilities. If more than half of the members are present,
it is rebuttably presumed to be a meeting. Social or chance gatherings or
conferences are excepted.
What
notice is required? [s. 19.84(5), Wis. Stats.] - Notice that is reasonably likely
to apprise interested persons and news media who have filed written requests
for such notice.
Grounds
for holding a closed session that are generally applicable to university
committees and departments [ s. 19.85, Wis. Stats.] -
(a)
Deliberating
concerning a case which was the subject of any judicial or quasi-judicial trial
or hearing before that governmental body;
(b)
Considering
dismissal, demotion, licensing or discipline of any public employee; the
investigation of charges against any such person; or the grant or denial of
tenure for a university faculty member, provided that the faculty member is
given notice of any such meeting. The notice shall contain a statement that the
person has a right to demand that the meeting be held in open session;
(c)
Considering
employment, promotion, compensation or performance evaluation data of any
public employee;
(f)
Considering financial, medical, social or
personal histories or disciplinary data of specific persons;
(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.
Ballots, votes and records [s. 19.88,
Wis. Stats.] – No secret
ballots, except the election of officers of the body. Any member may require
that a vote be taken in such a manner that the vote of each member is
ascertained and recorded. The motions and roll call votes shall be recorded,
preserved and open to the public.
Penalty and enforcement [ss. 19.96 and 19.97, Wis. Stats.] – Forfeiture for knowing violation,
$25-$300. Action taken at a meeting held in violation of the law is voidable.
Enforcement by Attorney General or District Attorney.