Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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Ethics Code Change - Closed Session Minutes

Ald. Berg has suggested a change to Brookfield's Ethics Code to discourage the unauthorized release of confidential information.

Ethics Code Change - Overview

Ethics Code Change - Supporting Information


So, just how often does the Council meet in closed session? 

Date Range

# Items /

# Closed Sessions

# Meetings

% Meetings with a

Closed Session

26th Council

4/20/2004 to 3/15/2004

1 / 1 20 5%

25th Council

4/16/2002 to 4/6/2004

23 / 16 46 35%

24th Council

4/18/2000 to 3/19/2002

32 / 18 45 40%

Out of those 55 items discussed in closed sessions:

  • 31 were land purchases (options, leases, etc.), mostly for public parks or stormwater detention
  • 17 were legal consultation on litigation (lawsuits)
  •  6 were personnel related (separation agreements, etc.)
  •  1 was a labor contract

What topics do you discuss in a closed session?

The following is a list of all of the Common Council closed sessions since Ald. Berg was first elected.  The descriptions were taken from the official minutes of the meetings.  As far as Ald. Berg has been able to determine, the identical phrases were used on the agendas released before the meetings.

All of these topics are permitted by state law for discussion in closed sessions.  In almost every case, a premature leak of the confidential information from that session would have caused a negotiation to go against the city, usually costing more money.  You can guess where that extra money would come from.  The topics considered to be confidential and allowed for discussion in closed session are defined in state law.  The proposed change to the ethics code will not change that list; closed sessions will discuss the things they have always discussed.

There has been the claim that improper disclosure is already covered by state law.  In fact, only discussions relating to personnel are kept confidential under state law, which provides for penalties for disclosure.  Discussions on real estate transactions and pending litigation may be confidential, but there is no penalty for unauthorized disclosure.


26th Council

Date Land Liti Pers Lab Description
March 15, 2005 1      

25. * Discussion and possible action relative to the acquisition of land adjacent to the west property line of Endicott Park (435 S. Calhoun Road) for park and open space purposes.

Total 1 0 0 0  

 


25th Council

Date Land Liti Pers Lab Description
May 21, 2002     3  

Item #26, Ordinance modifying the Positions Ordinance and the Salary Ordinance regarding the titles of Director of Facilities and Inspection Services, Chief of Staff, Administrative Coordinator, Intern and Quality Service Manager;

Item #27, Ordinance addressing civil service status of the positions of Administrative Coordinator and Director of Facilities and Inspection Services; and

Item #28, Resolution affirming the Mayoral appointment of the Director of Facilities and Inspection Services.

August 20, 2002 1       Resolution authorizing staff to negotiate and execute documents necessary for the acquisition of land located at 2380 and 2400 N. Calhoun Road for flood storage.
September 3, 2002     1   Discussion and possible action on a Resolution approving a Separation Agreement between the City of Brookfield and Police Captain Douglas Turner.
September 17, 2002 1       Request for Council authorization to begin negotiations for possible property acquisition in order to implement recommendations of the Storm Water and Floodland Management Plan for the Dousman Ditch and Underwood Creek subwatersheds.
October 15, 2002   1     Discussion and possible action on pending litigation titled Daniel J. Phillips v. City of Brookfield, et al.
November 19, 2002 1 1     Discussion and possible action relating to offer to purchase made by Kings Way Land Development, LLC relative to property located on the west side of Brookfield Road at Carol Drive (Fire House parcel.)  

Discussion and possible action on request for payment of legal fees by Officer Prusak.

January 21, 2003   1     Discussion and possible action on request for payment of legal fees by Officer Prusak
March 4, 2003 2       Item #9, Discussion and possible action relative to the acquisition of land adjacent to Wirth Park (16580 Pheasant Drive) for the purpose of providing access for the Greenway Corridor Trail and other park and open space purposes; and Item #10, Discussion and possible action to purchase right-of-way from 1465 N. Calhoun Road.)
March 18, 2003     1   Discussion and possible action on an amendment to an Agreement between Gerald Keuper and the City of Brookfield.
April 15, 2003   1     Discussion and possible action on the Notice of Claim: Fleet Business Credit Corp.
May 20, 2003 1 2     Tabled discussion and possible action regarding Waukesha County Circuit Court Case No. 01-CV-2388, Aegerter v. City of Brookfield;  

Discussion and possible action relative to the acquisition of land adjacent to Wirth Park (16580 Pheasant Drive) for the purpose of providing access for the Greenway Corridor Trail and other park and open space purposes; and

Discussion regarding possible litigation relating to the Capitol Heights project.

July 15, 2003   1     Discussion and possible action on the Notice of Claim: Fleet Business Credit Corp.
August 19, 2003 1       Discussion and possible approval of an easement agreement between the City of Brookfield and We Energies for the construction and maintenance of a gas lateral pipeline through City property located north of Capitol Drive.
September 16, 2003   1     Discussion and possible action on request for payment of legal fees by Officer Prusak.
February 17, 2004 1       Discussion and possible action concerning the potential acquisition of two real estate parcels located at 16150 and 16160 W. Bluemound Road.
April 6, 2004 2       Ordinance granting a development moratorium with respect to each of Shire Outlots 6 thru 10 as depicted on Exhibit "A" and outlots depicted on Exhibit "B" until the earlier of August 1, 2006, or the point in time at which the City has released the outlots from the restrictions contained in Exhibit A and B relating to the Preliminary Plat approval and adopted measures to define and implement development goals for the focus area. Exceptions to this moratorium may be authorized by the Common Council, after recommendation from the Plan Commission. 

Discussion and possible action concerning the potential acquisition of two real estate parcels located at 16150 and 16160 W. Bluemound Road.)

Total 10 8 5 0  

24th Council

Date Land Liti Pers Lab Description
April 18, 2000 4       Discussion and possible action on acquisition of property located at 2460 N. Brookfield Road, 2480 N. Brookfield Road, and 2500 N. Brookfield Road and

Discussion and possible action on sale of property owned by City and located at 18440 Milwaukee Avenue.

May 2, 2000 1       Resolution authorizing the City to enter into an Option Agreement between James Spinato {or as the owner's interest may appear} and the City of Brookfield, and an escrow agreement relative thereto, for the property located at 16010 W. Bluemound Road and approval of a transfer of funds from the Economic Development Fund balance account #205-325-607 to the Economic Development Fund Other Expenses account #205-943-546, for purposes of acquiring the above noted property.
May 16, 2000 1       Discussion and possible action relating to the City's involvement in the construction and financing of the Sharon Lynne Wilson Center for the Arts to be constructed in Mitchell Park.
June 6, 2000 1       Discussion and possible action on the acquisition of the property located at 2500 N. Brookfield Road and Discussion and possible approval of an option leading to the potential sale of a city lot located on Milwaukee Avenue.
September 19, 2000 2       Item #17 - Discussion and possible action relative to the purchase of property owned by CMC Heartland Partners located on Brookfield Road south of the railroad tracks and

 Item #18 - Discussion and possible action on a Resolution authorizing the City to enter into an Extension of an Option Agreement between James Spinato (or as the owner's interest may appear) and the City of Brookfield for the property located at 16010 W. Bluemound Road.

September 28, 2000 1       Reconsideration of the Resolution authorizing the City to enter into an Extension of an Option Agreement between James Spinato {or as the owner's interest may appear} and the City of Brookfield for the property located at 16010 W. Bluemound Road, which was passed by the Common Council on September 19, 2000.
October 3, 2000       1 Discussion and update on the status of labor negotiations with Police, Fire, Dispatcher/Clerical and Library.
January 16, 2001 1       Discussion and update on negotiations of leases with telecommunication carriers.
February 6, 2001   1     Discussion and possible action on filing a motion to intervene in the City of Waukesha's request for judicial review of a proposed rule promulgated by the United States Environmental Protection Agency.
June 19, 2001   1     Conferring with legal counsel about a pending lawsuit with Lakeshore Burial Vault Co.
July 17, 2001 1 1     Discussion and possible action relative to the purchase of the Knull property located at 14305 Ivy Lane.

Confer with legal counsel about a pending lawsuit with Lakeshore Burial Vault Co.

August 21, 2001 7       Relocation Order and Resolution of acquisition of lands for public purposes including authorization relative to offering price reports and relocation determinations relating to the following seven properties: 2345 Lilly Road (David & Lisa Betancourt); 2415 Lilly Road (Philip & Dawn Carson); 2445 Lilly Road (Michal & Waleria Strakszyc); 14135 Oak Hill Lane (Mary Jane Lenartz); 14065 Oak Hill Lane (James & Nancy Torke); 14035 Oak Hill Lane (Winifred Hammermeister); and Parcel #1064-987-001 - 8.17 acres (Shirley Gruen), for an amount not to exceed $1.15 million.
October 2, 2001     1   Discussion and possible action on a Separation Agreement with a City employee.
October 16, 2001   1     Discussion with legal counsel with respect to Town of Brookfield vs. City of Brookfield, Case No. 01CV1869.
January 22, 2002   3     Item #12-Discussion with legal counsel and possible action with respect to Cummings claim relating to 2420 N. Calhoun Road;

Item #14- Discussion with legal counsel and possible action with respect to Susan Marie Wilson v. County of Waukesha, et. al, Case No. 01-C-1186; and

the Addendum- Discussion with legal counsel and possible action with respect to Lake Shore Burial Vault Company Inc. v. City of Brookfield Case No. 00-CV-1650.

February 25, 2002   2     Item #3-Discussion and possible action on the pending litigation titled Susan Wilson v. City of Brookfield (and other municipal entities) and

Item #4 -Discussion and possible action on the pending litigation titled Daniel J. Phillips v. City of Brookfield.

March 5, 2002 1       Discussion with legal counsel and possible action with respect to Offer to Purchase Vacant Land by the City for the land owned by Eastgate LLC, located at approximately 12980 W. Lisbon Road, Tax Key No. BRC 1012.999.012, as a site for a stormwater detention basin.
March 19, 2002 1       Discussion with legal counsel and possible action with respect to Offer to Purchase Vacant Land by the City for the land owned by Mound Zion Cemetery located north of North Avenue and west of 14510 W. North Avenue, tax key no. BRC 1064.984.001
Total 21 9 1 1