Wisconsin’s cornerstones of clean government are its open meetings and public records laws, which mandate how governmental entities must operate “in the sunshine” rather than in back rooms and through sweetheart deals.
The downloadable Wisconsin Open Meetings Law Compliance Guide, published by the state attorney general, defines a governmental body as “a ‘state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order[.]’ This list of entities is broad enough to include virtually any collective governmental entity, regardless of what it is labeled.”
Furthermore, “these entities are defined primarily in terms of [how] they are created, rather than in terms of the type of authority they possess. Purely advisory bodies are therefore subject to the law, even though they do not possess final decision-making power, as long as they are created by constitution, statute, ordinance, rule or order.
“The term ‘rule or order’ has been liberally construed to include any directive, formal or informal, creating a body and assigning it duties. This includes directives from governmental bodies, presiding officers of governmental bodies or certain governmental officials, such as county executives, mayors or heads of a state or local agency, department or division.”
Such bodies expressly include “a citizen’s advisory committee appointed by a county executive.” Openness is always favored: “Any entity that fits within the definition of ‘governmental body’ must comply with the requirements of the Open Meetings Law. In most cases, it is readily apparent whether a particular body fits within the definition. On occasion, there is some doubt. Any doubts as to the applicability of the Open Meetings Law should be resolved in favor of complying with the law’s requirements.” (Emphasis added.)
The Key is Compliance
Milwaukee County’s clerk ensures compliance with OML during meetings staffed by that office, including those conducted by county supervisors and other meetings by request. Otherwise, those presiding over governmental bodies and their meetings are responsible for compliance, with the corporation counsel providing legal advice when asked.
OML mandates that public notices must be posted at least 24 hours in advance of meetings. The public may attend and observe any meeting held in open session. Testimony, when allowed, is generally limited to agenda items. Meetings staffed by the clerk’s office can usually be viewed through live streaming on Legistar—a function of the County Legislative Information Center (CLIC)—the primary resource for public meeting notices and records. Video and audio files are archived.
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Local district attorneys have authority to enforce OML only after receiving a “verified open meetings law complaint,” which anyone may file. Citizens may request public records to support a complaint.
There are penalties: “Any member of a governmental body who ‘knowingly’ attends a meeting held in violation of the Open Meetings Law, or otherwise violates the law, is subject to a forfeiture of between $25 and $300 for each violation… Examples of ‘other violations’ are failing to give the required public notice of a meeting or failing to follow the procedure for closing a session.”
—Excerpted from the Wisconsin Department of Justice’s Wisconsin Open Meetings Law Compliance Guide
