I.15 OPEN MEETINGS

The Wisconsin open meetings statute provides that every "meeting" of a "governmental body" must be preceded by public notice and must be held in "open session" unless a closed session is authorized by statute for consideration of certain sensitive matters. In addition, no ballot or vote at these meetings may be secret.

The Office of Administrative Legal Services has prepared Guidelines  for Complying with the Wisconsin Open Meetings Law (http://www.wisc.edu/legal/legalservices/OpenMtg.pdf).   These guidelines explain that departmental faculties and executive committees, and many other faculty or departmental committees created by state statute or university rule and order are covered by the open meeting requirements.  Ad hoc or standing committees created by deans, directors, or department chairs to advise them as administrators are generally not governmental bodies and are thus not covered by these requirements.  The guidelines also provide useful explanations of the Open Meetings Law definition of "meeting," "open session" and grounds and procedures for holding "closed session."  

How to provide notice

Voting

The Guidelines also provide guidance on ballots, votes, and records.  A show of hands or voice vote is not a secret ballot. Paper ballots must bear some identifying characteristic (e.g., name), and the contents of the ballot, individual's name, and vote totals must be recorded in meeting minutes. For votes taken by voice or show of hands, only the total number voting each way need be recorded. A record vote must be taken if requested by any member of the body.

Rules of procedure are not altered by the fact that a meeting is open. Open sessions provide an opportunity to observe, not to participate, unless the body specifically authorizes non-members to speak.

E-mail

While an "open" meeting may be held by telephone conference calls as long as the speaker is "reasonably accessible to the public and proper notice has been given," e-mail does not afford the public similar access:

However, electronic mail may not be used as a substitute for a meeting.  A presiding officer may not send a proposal out to the members of a governmental body electronically and ask for comments or voting thereon by e-mail.  It is acceptable to use e-mail to distribute information to members of a governmental body, but not to transact official business that normally would be required to be done in open session. (Guidelines, p. 2)

For More Information

Consult the Office of Administrative Legal Services at 263-7400.