Meetings law violation questioned in Lannon

Posted: March 2, 2010

Residents questioned whether or not the meeting held Feb. 23 was a violation of open meetings law because the entire Village Board was in attendance and the meeting should have been noticed the board was in attendance. Waukesha County District Attorney Brad Schimel said a resident contacted him on Monday about the issue.

"Based on what they (the citizen) laid out, I did not identify an open meeting violation for what occurred," Schimel said.

Schimel said there was a notice for the meeting which listed the Public Safety Committee, Legislative Committee and Finance and Personnel Committee.

"I was informed by the citizen that came to see me today (Monday) that this encompassed every member of the Board between these committees. I can't believe that anyone would have been misled as to the significance of the gathering," he said.

He also said that it is his understanding that nothing was voted on except to table agenda items for a future meeting.

Executive Director of the Wisconsin Newspaper Association, Peter Fox agrees that there wasn't a violation as long as the officials did not take action on agenda items in the role of the Village Board.

"If there was no substantive action by the council as that particular body, then it would not be a violation. If the members of those different committees would have essentially come out of the committees and take action as a full council," then it would be a violation, Fox said.

Schimel said his door is still open if anyone has further questions.

"I am happy to listen to further information if someone wishes to file a complaint, but based upon what I know, I do not have a basis to open an investigation," Schimel said warning that to launch an official investigation a written and sworn verified complaint must be filed first.