We will begin in a few minutes… THE PUBLIC'S RIGHT TO KNOW: PUBLIC LIBRARIES AND THE WISCONSIN OPEN MEETINGS LAW

Cheryl Becker Our presenter today… Retired 30+ years in libraries Public and academic libraries Consultant / training UW Madison SLIS CE online instructor

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What’s Coming Up? March 22 Trustee workshop – Boulder Junction Public Library, 10:00 – 2:00 MARCH 29 Trustee workshop, Hayward, 10:00 – 2:00 April Books Before Kindergarten, NWLS, Marge Loch-Wouters & Brooke Rasche, 10:00 - 2:30 May 19 Making Your Library, NWLS, Shannon Crawford Barniskis, 10:00 - 2:30. Check the NWLS website for more details, or contact Linda

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The Public's Right to Know Public Libraries and the Wisconsin Open Meetings Law

What and where Definitions Requirements Closed sessions Frequently asked questions Resources

Wisconsin Statutes “In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.”

~~Definitions~~ Governmental body Meeting Open session

Governmental Body “... [A] state or local agency... created by... statute, ordinance,... or order;... or a formally constituted subunit of any of the foregoing....” 19.82(1)

“a formally constituted subunit” created by a parent body; and composed exclusively of members of the parent body e.g. a committee of a municipal board or a subcommittee. See 74 Op. Att’y Gen. 38, 40 (1985)

Meeting “[T]he convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body....” 19.82(2)

Meeting: “The Showers Test” Purpose Number State ex rel. Newspapers v. Showers, 135 Wis. 2d 77, 398 N.W.2d 154 (1987).

Purpose “Conducting governmental business”: – preliminary decisions – discussion – information gathering – interaction among members is not required State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 572, 494 N.W.2d 408 (1993).

Number A sufficient number to determine a course of action by the body. Not necessarily the same as a majority or quorum – The affirmative power to PASS an action, or – The negative power to DEFEAT one

Meeting: Convening Members must convene in order to be a meeting Not necessarily face-to-face Anytime members effectively communicate with each other and exercise the body’s authority One-way communication (documents, s) is unlikely to be considered a meeting

Beware A series of gatherings of members of a body may sometimes constitute a “meeting” “Walking Quorum” Circumvents (and violates) the law Complex

The term does not include any social or chance gathering which is not intended to avoid this subchapter.... ” 19.82(2)

Open Session “[A] meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times.” 19.82(3)

~~Requirements~~ Notice Open session – Except for certain instances (19.85) Citizen participation 19.83

Notice “Every meeting of a governmental body shall be preceded by public notice...” 19.83(1)

Notice From the “chief presiding officer” or “designee” To the public To any news media that has requested notice To the official newspaper for the community, or, If none exists, a news medium likely to give notice in the area 19.84(1).

By publication in a medium likely to give notice in the area (66 Op. Att’y Gen. 93 (1977) OR By posting in one or more places likely to be seen by the public (63 Att’y Gen. 509 (1974)) Public Notice

Notice—What and When? Must include time, date, place, and subject matter May include comment period At least 24 hours prior to meeting – If impossible or impractical, shorter notice is OK, but NEVER less than 2 hours (2)-(3)

Notice (Agenda) Specific NO generic wording: – New (or Old) Business – Miscellaneous – Other Business – Other matters authorized by law Att’y Gen. correspondence, 2004correspondence

Open Sessions Accessible – Location – Room size / Acoustics – Physically accessible Open to all Exceptions

Citizen Participation Public attendance Public comment

Closed Sessions 13 exemptions to open session requirement Permit, but do not require closed sessions 19.85(1) Several a library board might have occasion to use

Closed Sessions Considering dismissal, demotion, licensing or discipline of a public employee. (b) Considering employment, promotion, compensation or performance evaluation of a public employee. (c)

Closed Sessions Deliberating or negotiating purchase of public properties, investing of public funds, or other specified public business when competitive or bargaining reasons require closed session. (e)

Closed Sessions Considering sensitive personal information that would be likely to have a substantial adverse effect upon an individual’s reputation. (f) Examples: – Financial, medical, social, or personal histories or disciplinary data of specific persons, – Preliminary consideration of specific personnel problems, or – Investigation of charges against specific persons. Of anyone, not just public employee Limited in scope (74 Op. Att'y Gen. 70)

Closed Sessions Procedures Meeting notice Convene in Open Session Announce intention for Closed Specific exemption Motion, second, roll call Attendance & discussion limited Votes? Reconvene? pld.dpi.wi.gov/pld_openmeetings

Wording (Agenda) Roll call vote to hold closed session for board consideration of the performance evaluation and compensation of the library director as authorized by Wisconsin Statutes Section 19.85(1)(c)

Wording (Board Meeting, President) "I will now entertain a motion to reconvene in closed session to consider the performance evaluation and compensation of the library director as authorized by Wisconsin Statutes Section 19.85(1)(c)."

~~FAQ~~

The Attorney General, or, The local District Attorney, Upon receipt of a verified complaint from an individual. (“Private relator”)

$25-$300 for each offense. – Any board member – Knowingly – Or otherwise violates Voiding of board action.

~~Resources~~

~~Resources~~ Wisconsin Open Meetings Compliance Guide meetings-law-compliance-guide-2010.pdf Wisconsin Open Meetings Compliance Guide Wisconsin Open Meetings Law Wisconsin Open Meetings Law WI Trustee Essential 14 WI Trustee Essential 14 League of WI Municipalities FAQ League of WI Municipalities FAQ

Questions?

Cheryl Becker