Wisconsin Open Meetings Law
THE WISCONSIN OPEN MEETINGS LAW:
GUIDANCE FOR UW SYSTEM GOVERNANCE GROUPS AND ACADEMIC DEPARTMENTS
The Wisconsin Open Meetings Law (WOML), Wis. Stats. §§ 19.81-19.98 applies to certain UW bodies including academic departments, governance groups, and the subcommittees of both. UWS covered groups are encouraged to seek advice from legal counsel for all questions related to this challenging law. In particular, if a covered group seeks to meet in closed session under any statutory exception other than the personnelrelated exceptions discussed above, legal advice should be sought.
Watch our animated training videos for guidance related to Open Meetings Law basics, and Virtual Open Meetings Law best practices. Contact (262) 472-1772 for assistance.
The WOML applies to "government bodies" which are defined to include all groups created by statute, rule or order. See 19.82(1). This definition is broad enough to include almost any collective university entity, but many interpretations of the statute limit the law's application to bodies that take formal action, or working groups developing high level policy. For purposes of this guidance, the UW faculty and academic staff bodies subject to the WOML include the faculty, academic staff, and university staff governance groups, the academic departments, related groups such as such as college or divisional committees, and any subcommittees of covered groups.
The WOML applies to every meeting of a governance group, academic department, or sub-unit where the members engage in business and a sufficient number of members are present to take or block action on a matter. The WOML does not apply if the purpose of the gathering is for socializing and no business is anticipated or discussed.
Covered groups are required to follow the public notice requirements of Wis. Stat. § 19.84 which includes giving notice to the news media. In practice this is not always followed and notice usually consists of posting agendas on websites and other places where interested persons are likely to receive the notice.
Academic departments and their subunits are exempt from the general public notice requirements in § 19.84, instead pursuant to subsection (5) of the statute, departments "shall provide meeting notice which is reasonably likely to apprise interested persons, and news media who have filed requests for such notice."
The Office of General Counsel recommends that covered groups and their subunits post a meeting notice containing the time, date and subject matter, including any matter intended for consideration during a contemplated closed session, at least 24 hours before the meeting. Generalized notices such as "The Department will meet the first Tuesday of every month," are not permitted. Additionally, notices must be specific as to the topics to be discussed. Listing merely "old and new business" or "personnel matters" is not permitted.
Only the election of officers may be conducted by secret ballot. All other motions and votes must be recorded, preserved, and available for public inspection. A rollcall vote is required where requested by any member. If no roll-call vote is requested, the votes should be preserved by some other method, such as noting the names of those who voted for or against a measure, or by noting a voice vote or show of hands and listing the number of abstaining or dissenting votes. Certain votes should be recorded by individual member's vote, particularly those that affect an individual's employment status such as a renewal, promotion, or tenure vote.
Other than recording and preserving motions and votes, the WOML does not further require that covered groups keep minutes. However, most governance groups and academic departments have adopted by-laws or rules that do require the keeping of minutes. Because minutes are public records, the Office of General Counsel strongly recommends that closed session minutes be limited to recording motions and votes.
Meetings of covered groups are required to be open to the public. Closed sessions may only be held for statutorily authorized purposes such as when considering an employee's employment, evaluation, promotion or compensation. See Wis. Stat. § 19.85(1)(c). Evidentiary meetings, such as the peer review of a disciplinary action, must be held in open session if the affected faculty or academic staff member so requests.
If a closed session is anticipated, both the subject and the statutory exception citation must appear in the meeting notice. For example, the notice might state, "The Department will hear a motion to enter into closed session to consider the contract renewal of X as permitted by Wis. Stat. § 19.85(1)(c)."
Entering into closed session requires "a motion duly made and carried by a majority vote in such a manner that the vote of each member is ascertained and recorded in the minutes." Wis. Stat. § 19.85(1). The motion to convene a closed session must be announced by the chair and must state the nature of the business to be conducted and the specific statutory exemption under which the proposed closed session is authorized. The easiest way to "ascertain and record" each member's vote is by roll call.
Evidentiary sessions related to employee discipline, such as a Wis. Admin. Code chapter 4 (faculty termination) or 6 (faculty discipline) must be held in open session if the employee so requests, but the deliberations may be made in closed session. See Wis. Stat. § 19.85(1)(b).
The following script illustrates a typical process for entering into closed session: Chair: May I have a motion to enter into closed session to consider the contract renewal of X as permitted by Wis. Stat. § 19.85(1)(c). Member: So moved. Chair: May I have a second. Second Member: Second. Chair: It has been moved by _____ and seconded by _____ that the department enter into closed session to discuss the contract renewal of X as permitted by Wis. Stat. § 19.85(1)(c). [Call the roll and request the individual vote.] [Announce the vote].
Under Wis. Stat. § 19.85(1)(b), a closed session may be held when "considering the grant or denial of tenure for a university faculty member," but the tenure candidate must be notified that he or she "has the right to demand that the evidentiary hearing or meeting be held in open session." However, it is the long-standing practice of the UW System and the advice of the General Counsel that the entire tenure consideration session including the deliberations and vote should be held in open session if so requested by the tenure candidate.
If the tenure candidate does not request that his or her tenure decision be made in open session, then the department may enter into closed session using the following script:
Chair: We will now take up the promotion and tenure application of X. X has been notified of the right to demand an open session and has not so requested. May I have a motion to enter into closed session to consider the promotion and tenure application of X as permitted by Wis. Stat. § 19.85(1)(b).
Member: So moved.
Chair: May I have a second.
Second Member: Second.
Chair: It has been moved by _____ and seconded by _____ that the _____ enter into closed session to discuss the promotion and tenure application of X as permitted by Wis. Stat. § 19.85(1)(b). [Call the roll and request the individual vote.] [Announce the vote].