By Thomas J. McKillen
Managing Editor

While the state open meetings law can cause difficulty with elected officials and government employees, UW-Extension Government Specialist Dan Hill said it shouldn’t.
“The law should not cause heartburn because the spirit of the law is open government,” Hill told the Washington County Board July 13. “The spirit of the law is to make sure citizens can monitor what is going on in government.”
In addition to the County Board, several administrators from county agencies were in attendance for the presentation.
Hill summarized what entities the law applies to and gave examples of situations that could constitute potential violations. In addition to applying to all state and local boards and commissions, the law also “quasi governmental” entities such as special study committees or task forces set up by either a governmental body or a local official.
Hill further explained that the law applies in situations where there are enough members of a government body to affect a decision and when they are talking about items related to their positions in a government-related board. Hill recalled serving on a School Board and making a special effort not to talk about school-related items when he met two other members of a school committee in a social setting.
He further explained that the law applies in cases where there are enough members to make a decision on an item. In the case of a five-member board where approval of an item requires a two-thirds vote of support, two members speaking to each other would constitute a potential violation.
Hill also cited situations of where communication via phone or email could lead to a violation through a “walking quorum.” If a person on a five-member board called two people for support of an item, that person would violate the law because he contacted two people and himself, which would be enough to determine the outcome of an item. A similar situation applies with email, in which email to several members of a board that would draw a response could constitute a meeting.
Notice of meetings should be made within 24 hours, though two hours are allowed in emergency situations. Also, the meeting space should be accessible to the public. Hill cited the situation of a School Board where a large crowd came out for an item on an agenda, with the room not being able to accommodate all those interested in the board discussion. The board tabled the item, but moved the next meeting to an auditorium to accommodate the larger audience expected for the meeting.
Hill noted the challenges in conforming to the open meeting laws, citing what happened after he gave a presentation a few months ago in an unnamed municipality. After the meeting, Hill took a few minutes to pack up his items. At that time, he saw a few members of the Common Council talking to each other.
“‘You’re not talking about city business, are you?’’ Hill asked them. “You should have seen the look on their faces.”