Wisconsin Freedom of Information Council

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 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: 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: 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” […]