General Counsel
FAQ - Overview of Wisconsin's Open Meetings Law
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Q.
Does WOML apply to ad hoc or standing committees created
by deans, directors or chancellors to provide administrative
advice, to graduate examination committees whose members
are asked to serve by thesis advisors and students,
to interdepartmental committees, or to grant review
committees?
A. No, because these committees generally are not created
by the formal action of campus bodies. No rule or order
of a government body created these committees.
Q.
Are all committees formally created by departments subject
to WOML?
A. No. Whether a committee is subject to WOML depends
on the committee's function. If you are not sure whether
a committee's function would subject its meetings to
WOML, you should contact the General Counsel's Office
or Campus Legal Counsel.
Q.
Are social gatherings, staff meetings and other informal
encounters subject to WOML?
A. No. WOML applies only to gatherings and meetings
whose purpose is to conduct the official business of
the campus body; WOML specifically excludes social or
chance gatherings from its scope. Thus, "brown
bag lunches" and academic social functions are
not normally subject to WOML, unless those present at
the functions attempt to circumvent the law by considering
or taking official action on some matter.
Q.
If my committee, subunit or department plans to hold
a series of meetings, may I post a single notice that
lists all the meetings that we plan to hold?
A. No. WOML requires you to provide a separate notice
for each meeting at a time and date reasonably close
to the meeting date (s. 19.84 (4), Stats.).
Q.
Is a departmental personnel committee or tenure review
committee that meets to evaluate a candidate's credentials
for promotion and tenure subject to the requirements
of WOML?
A. Yes. Departmental personnel committees and tenure
review committees are established under departmental
rules (and are thus formally constituted subunits
of a campus body), and are subject to WOML.
Q.
May matters not included in the chairperson's announcement
preceding a closed session be addressed at the closed
session?
A. No. No business may be conducted in closed session
except matters contained in the meeting notice (s. 19.85
(1), Stats.).
Q.
Does the order in which a body convenes in open or closed
session make any difference?
A. Yes. A closed session may not precede an open session.
WOML requires the body to convene first in open session
to approve a motion to convene in closed session. Also,
a body may not commence a meeting, convene in closed
session and then reconvene in open session within 12
hours after completion of the closed session unless
written notice of the subsequent open session was given
at the same time and in the same manner as the notice
for the initial open session (s. 19.85 (2), Stats.).
Q.
Must the motion and roll call votes of closed sessions
be recorded, and are they open for public inspection?
A. Yes. The motion and roll call votes must be recorded,
regardless of whether they are taken in open or closed
session, and they are open to public inspection to the
extent disclosure is required under Wisconsin's Public
Records Law (WPRL).
Q.
Can a citizen record an open meeting?
A. Yes, as long as the recording (video or audio taping)
does not disrupt the meeting (s. 19.90, Stats.).
Q: Can meetings be conducted virtually using on-line
conferencing tools or other technology?
A: Virtual meetings are problematic because it is
difficult to arrange for public participation. Since
all meetings must convene in open session, a governmental
body must provide a mechanism for the public to participate.
However, most conferencing tools are password-restricted
or restricted by other means from public access. It
is our advice that virtual meetings not be done by
on-line conferencing tools.
Q: Can a government body conduct business via e-mail?
A: The Attorney General discourages government bodies
from doing business via e-mail. Unlike a letter sent
through the mail, electronic mail is interactive, more
akin to a telephone conversation. An e-mail between
two members of a government body regarding business
matters can lead to an inadvertent meeting if a quorum
of the government body is copied and responds to the
rest of the group. However, it is permissible for members
of a government body to circulate documents (e.g.,
agendas, discussion documents) and logistical details
via e-mail in preparation for a meeting, as long as
the members avoid discussing business matters.