Category: Open Meetings Law

Q: A county board went into a closed session meeting last night, and I’m interested in finding out what it discussed. How can I do that? A: You are free to call the individual board members and try to get them to talk to you. There is nothing in the state Open Meetings Law that […]

Q: Can a governmental body go back into open session after convening in closed session? A: Yes, as long as the notice requirements are still met. A governmental body is prohibited from reconvening in open session in the twelve hours following a closed session, unless specific public notice is given. This public notice must be […]

Q: Can a governmental body vote in closed session? If so, how can I get access to those votes? A: Yes, a governmental body can vote in closed session under certain circumstances. “A governmental body can vote to take action on matters discussed at a closed session if such action is an integral part of […]

Q: Do public bodies that meet in closed session then have to vote in open session? A: It’s not clear because the case law is inconclusive. The Wisconsin Supreme Court ruled that Wis. Stat. § 14.90 (1959), a predecessor to the current open meetings law, authorized a governmental body to vote in closed session on […]

Q: What constitutes a “meeting”? A: If one-half or more members (that is, a quorum) are present then there is a rebuttable presumption that the members are conducting business and, thus, a meeting is taking place. Sec. 19.82(2), Stats. The presumption can be overcome, however, with evidence that the members did not discuss or act […]

Q: I’ve heard the terms “walking quorum ” and “negative quorum.” What do they mean? A: A walking quorum is a series of meetings, telephone conferences, or some other means of communication such that groups of less than a quorum are effectively meeting and can arrive at a consensus or understanding regarding governmental business that, […]

Q: How can I get copies of documents that will be discussed at a meeting in advance of the meeting? A: This issue is governed by the Open Records Law, not the Open Meetings Law. Generally, documents circulated to the members of the governmental body in advance of a meeting are presumed public, subject to […]

Q: How much notice must be given before a meeting? A: Section 19.84(3), Stats., requires 24 hours notice “unless for good cause such notice is impossible, or impractical.” Even where there is good cause for shortened notice, notice of a meeting cannot be less than 2 hours. “Good cause” is not defined but should be […]

Q: The meeting notice includes a discussion of “miscellaneous” items. Does that notice comply with the Open Meetings Law? A: The statutory standard for noticing a meeting requires that the subject matter be set forth “in such a form as is reasonably likely to apprise members of the public and the news media thereof.” Sec. […]

Q: When is a corporation/organization a “quasi-governmental corporation” subject to the Open Meetings Law? A: The Open Meetings Law applies only to governmental bodies as defined by section 19.82(1), Stats., and includes governmental and quasi-governmental corporations. In addition to the statutory definition, the DOJ’s Compliance Guide includes a helpful listing of some specific “governmental bodies” […]

Q: When can a governmental body close a meeting to discuss compensation issues? A: The Open Meetings Law does not apply to collective bargaining negotiations. The definition of “governmental body” in section 19.82(1), Stats., excludes “any such body or committee or subunit of such body which is formed for or meeting for the purpose of […]