Open Meetings Law

WOML applies to the meetings of “governmental bodies” as defined in Wis. Stat. § 19.82 (1). The definition includes the Board of Regents and its committees, campus bodies that the Board creates, such as faculty senates, academic staff assemblies, departments and executive bodies; and subunits created by formal action of these bodies, including campus personnel committees and tenure review committees.

If you are unsure if your committee, department or group falls under the scope of WOML, please contact the Office of Compliance and Risk Management at ocrm@uww.edu for consultation.

WOML applies to every “meeting” of a government body whose purpose is to engage in government business if the number of members is sufficient to determine the government body’s cause of action. If at least one-half of the government body is present at the meeting, the meeting is presumed to be for engaging in government business. Wis. Stat. § 19.82 (2). The Wisconsin Supreme Court has ruled that a gathering of less than one-half of the members of a body may constitute a “negative quorum” (sufficient to block action on a particular matter) and may also be subject to WOML.

WOML requires each meeting of a government body to be preceded by public notice. Campus bodies, other than departments and their subunits, must observe the following notice requirements:

Contents of Notice

• The notice of the meeting must give the time, date and subject matter of the meeting, including any matter intended for consideration at any contemplated closed session (Wis. Stat. § 19.84 (2)). Because WOML also requires the notice to inform the public of the meeting’s agenda, the notice should state more than simply “regular business.” Instead, the notice should mention the specific matters about which members of the campus body anticipate discussion, including any closed sessions and the reasons for going into closed session.

  The completion of UWW Procedure 770.G - Meeting Agenda Template meets the above stated content requirements.

Manner of Giving Notice

• Committee Chairperson or their designee must post notices in at least three (3) different physical locations on campus.
• OCRM must provide notice for publication in the campus newspaper.
• OCRM must provide written notice of meetings to news media who have submitted a written request for notice. Wis. Stat. § 19.84 (1) (b).

When Notice Must be Given

• Physical Locations - The chief presiding officer or his or her designee must provide notice of every meeting at least 24 hours before the meeting begins. Wis. Stat. § 19.84 (3).
• Digital Locations - The Committee Chairperson must ensure that the notice is submitted through the Meeting Agenda and Minutes - Submission Portal at least 48 hours prior to the meeting date so OCRM can publish and provide notice as described in paragraph 2 (“Manner of giving notice”) within the required 24-hour timeline.

Departments and their subunits need only “provide meeting notice which is reasonably likely to apprise interested persons, and news media who have filed requests for such notice.” Wis. Stat. § 19.84 (5).

Nonetheless, the UW System Office of General Counsel recommends that departments and their subunits post a meeting notice at least 24 hours before the meeting on a departmental bulletin board or other location routinely accessible to students, faculty and staff. The notice should include the meeting date, time and subject matter and must reference any anticipated closed sessions along with the statutory basis for convening a closed session.

Please contact OCRM at ocrm@uww.edu for information regarding specific news media who have filed requests for such notice described above.

Because of the strong legal presumption in favor of open meetings, you should consult with OCRM if you contemplate holding a closed session.

A closed session may be held only for certain, limited purposes, including the following:

• Considering an employee’s dismissal, demotion or discipline, or considering an investigation of charges against the employee (Wis. Stat. § 19.85 (1) (b)).
• Considering an employee’s employment, evaluation, promotion or compensation, including renewals or nonrenewals of contracts, if tenure is not at issue (Wis. Stat. § 19.85 (1) (c)).
• Conferring with lawyers for the university concerning pending or possible lawsuits involving the university or its members (Wis. Stat. § 19.85 (1) (g)) Deliberations that follow an open judicial or quasi-judicial trial or hearing (Wis. Stat. § 19.85 (1) (a)).
• Considering information which, if discussed in public, would likely have a substantially adverse effect on the reputations of the persons named (Wis. Stat. § 19.85 (1) (f)).
  • Examples include financial, medical, social or personal histories; disciplinary data of specific persons; preliminary review of specific personnel problems; or investigations of charges against specific persons.
• Considering the purchase of public property, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons require a closed session (Wis. Stat. § 19.85 (1) (e)).

The following steps must precede a closed session pursuant to Wis. Stat. § 19.85 (1):

1. The body must first convene in open session.
2. A member of the body must move that the body convene in closed session, stating the nature of the business to be considered in closed session and citing the relevant exemption under Wis. Stat. § 19.85 (1) that provides authority for the closed session.
3. The contents of the announcement must be recorded in the minutes of the meeting.
4. The motion must be passed by a majority vote of those present. The vote of each member on the motion to close the session must be ascertained and recorded in the meeting’s minutes.

In most instances, yes. However, one of the only instances that are exempted from this rule is pertaining to the election of officers to the government body (pursuant to Wis. Stat. § 19.88 (1)).

WOML requires all motions and roll call votes to be recorded, preserved and open to public inspection to the extent allowed under the Wisconsin Public Records Law. 

Any ballot, regardless of form, must be taken in such a way that members’ votes may be ascertained and recorded if a member of the body makes such a request at the time the vote is taken (Wis. Stat. § 19.88 (2) and (3)).

Meeting minutes must record how each member voted on roll calls, and each paper ballot must identify the member voting, as well as that member’s vote. If a voice vote is taken, only the results of the voice vote must be recorded.

A campus body that violates WOML may be subject to holding the meeting a second time, with the requirement of proper notice and a potential for the actions taken during the previous meeting to be voided (Wis. Stat. § 19.97 (2) and (3)). Additionally, any member of a campus body who knowingly attends a meeting that violates WOML must forfeit between $25 - $300 for each violation and pay associated court costs (Wis. Stat. § 19.96).

Several resources are available to help individuals better understand and comply with WOML, including:

• Wisconsin Open Meetings Law (WOML) - Wis. Stats. §§ 19.81 - 19.98
• Wisconsin Department of Justice - WOML Compliance Guide
• UW System Office of General Counsel - Open Meetings Law