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Attorney's Office

Open Meetings Law

Purpose of the Law 

The Wisconsin  Open Meetings Law is found in Wis. Stats. Sections 19.81-19.98.   The purpose of the law is to protect the public's right to observe the actions taken by a public body, who is trying to influence the body, and the information the body is relying on.

Open Meetings Laws sets minimum requirements for conveying a public meeting.

  • Failure to abide by these rules can result in personal liability and reversal of  any actions taken by the body in violation of the law.
  • Requirements can be enforced by a resident, Dane County District Attorney or Wisconsin Attorney General.

What is a "Meeting"?

A gathering (in-person or virtual) where the business of the public body is conducted or discussed.   To constitute a meeting, a sufficient number of members must be present to determine the course of the public body's business.  Both the number of members present and the nature of the gathering must be considered.

Legal Requirements

 Agenda 

  • Must have a Notice and Agenda (City of Madison Administrative Procedure Memorandum 3-2).
  • Agenda item headings must be specific and general headings are not allowed (i.e. announcements, new items, past business).
  • Must be posted at least 24 hours in advance of  the meeting.  The only exception is a 2-hour notice for true emergencies.
  • Staff serving City bodies must deliver meeting agendas to the Clerk's Office to ensure compliance with notice requirements and inclusion in the City's weekly calendar.
  • Official posting is on the Clerk's Office Bulletin Board.

 Meeting Access

  • Must be open to the Public with a facility large enough to accommodate expected turnout.
  • Must be Accessible - including language assistance.
  • Notices for virtual meetings must include Zoom link and instructions for public comments.
  • Must be conducted in Open Session (Closed Session allowed only if permitted by specific Statutes).

Sufficient Number of Members 

Quorum Required

  • A meeting cannot be held without a quorum.
  • Quorum (Usually one more than half of the authorized membership unless otherwise specified in the Ordinances.)
  • Quorum of the Madison Common Council is 14 alders.

Negative Quorum

  • Negative Quorum - Enough members that if they vote together, they could block passage of an item.
  • Negative quorum calculations apply to BCC memberships and meetings. Thus, on a committee of 7 members, if a bare quorum of 4 attends a meeting, only 2 members would constitute a negative quorum.  
  • The actual number constituting a negative quorum may not be known until the body meets so caution is advised regarding conversations among members outside of public meetings.

Walking Quorum 

  • A series of discussions (in-person, by phone, text, or email) such that they create a quorum or a negative quorum.
  • Use a one-way communication disclaimer in emails if communicating with a negative quorum to avoid initiating a discussion.
  • Communications that resemble a discussion and exchange of ideas or opinions regarding business before the body among a negative quorum are not permissible.  One-way communication which does not invite a conversation among a negative quorum could be handled in a letter or memo rather than a meeting. But even one-way communications may result in a negative quorum depending on the actions of the recipients.

Joint Statements

  • A negative quorum of members working together to draft and edit a joint statement regarding business to come before the body and committing to vote in a particular manner is an impermissible walking quorum. The Attorney General has cautioned the Common Council to avoid this practice.
  • Merely requesting co-sponsors or responding to such a request does not necessarily imply a decision to vote in a particular manner and is permissible.

Conducting Public Body's Business

  • Includes simple discussions or information gathering.
  • Includes all subcommittees, task forces, work groups, etc.
  • Applies to members of one body when attending another public body's meeting
  • Does not include social gatherings, or chance meetings where the body's business is not discussed.

Presence of a quorum triggers a legal presumption of a meeting.

Closed Sessions

  • Must be convened in an Open Meeting and must be noted on the Agenda.
  • Must be for a reason permitted under Wisconsin Statutes.
  • Requires a specific motion that includes a description of the topic and correct statutory citation.
  • Any votes in closed session must be recorded in the minutes.
  • The Chair must make announcement of  a closed session and whether the body will reconvene in open session and must clear the room of non-members or others who are not necessary to consider the item.
  • Staff should consult with the City Attorney's Office prior to placing a closed session on an agenda.

Penalties for Non-Compliance

  • May be enforced by the City Attorney, District Attorney, Attorney General or a resident.
  • Forfeitures of $25-200 plus court costs.
  • A court may void any actions taken during an illegal meeting.

Resources

The City Attorney's Office offers more in-depth training and further resources to City employees.

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