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Shining a light on the open meetings laws

Decisions from how much you pay in taxes to how students should be disciplined in school take place in open meetings. In light of Sunshine Week—pun intended—here’s some answers to commonly asked questions, according to summaries put together by the Wisconsin Freedom of Information Council based on the state’s Open Meetings law (state statutes 19.81-19.98).

When does a meeting have to be noticed?

The open meetings law applies to “governmental bodies,” which include any state or local agency, board, commission, committee, or other public body, including most quasi-governmental corporations.

In other words, your church council or 4-H meetings don’t count.

Notice needs to be posted whenever a governmental body convenes for official purposes, which is whenever one-half or more of its members are present.

How early does a meeting have to be noticed before it starts?

Generally 24 hours in advance. Notice must be given to the public, news media that have filed requests and the newspaper of record, and it must state the time, date, place and reasonably describe the subject matter, including any contemplated closed session.

Can citizens record a meeting?

Yes. A governmental body meeting in open session should make a reasonable effort to accommodate any person desiring to record, film or photograph, as long as it doesn’t interfere with the meeting or the rights of participants.

Who enforces the open meetings law?

The state attorney general or the district attorney of any county in which a violation occurs. If the district attorney declines to act on a complaint, any person may bring an action on his or her own. If a violation is sustained, a complainant may recover legal fees. A court also may order that an action taken in violation of the statute be voided.

Does a governmental body have to follow a parliamentary procedure such as Robert’s Rules of Order?

No, the law does not mandate it. Any collective body has to follow some rules, and most, if not all, follow Robert’s Rules, said Bob Dreps, an open meetings/records lawyer for the Wisconsin Newspaper Association.

What happens if a board takes action on something not on the agenda?

It is a violation of the open meetings law, and penalties can be imposed on members who knowingly violated the law, Dreps said.

Illegal votes can be ratified by redoing them in a properly noticed meeting.

Can board members discuss or respond to an issue a resident brings up during public comment?

Yes, but they’re advised not to take action, Dreps said.

“It’s pointless to allow citizens to speak from the floor if the board members have to sit mute,” he said.

Where can newly elected public officials go to learn about their responsibilities?

The Wisconsin attorney general’s office has guides to familiarize residents with the laws. Visit www.doj.state.wi.us/site/ompr.asp. The Wisconsin Freedom of Information Council has on its Web site—www.wisfoic.org—videos of recent open meetings/records seminars by the attorney general’s office.

More information

For more details about Wisconsin’s Open Records Law and open meetings, here are some helpful Web sites:

-- The Wisconsin Department of Justice. Click on www.doj.state.wi.us. Scroll down the home page to “2007 Open Meetings/Public Records Compliance Outlines.”

-- The Wisconsin Freedom of Information Council. Visit www.wisfoic.org. The council has compiled an FAQ page, text of meeting and record statutes and a printed, wallet-sized summary.

-- The First Amendment Council. Click on www.firstamendmentcenter.org. Then scroll down the right side of the page to “FOI Information.” Then click on “How to file an FOIC request.”