| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
Closed Sessions - Supporting Information
Ald. Berg has suggested a change to Brookfield's Ethics Code to discourage the unauthorized release of confidential information.
An excellent reference for Wisconsin municipal law is the League of Municipalities. These articles explain the purpose and limitations on the open meetings law.
Wisconsin League of Municipalities
FAQ10. Does the League have any outlines or articles explaining what bodies the open meetings law applies to and what meeting notice requirements are imposed by the open meetings law?
FAQ125. How specific does the notice of a closed session need to be?
Legal Caption 375. This legal comment focuses on closed sessions under Wisconsin's open meeting law.
Under section VI. Miscellaneous Questions is this statement which is directly relevant to the proposed ethics code change. The highlighting was added.
"What action can a governmental body take against a member who discloses decisions made or information considered in closed session?
If a member discloses decisions made or information considered at a closed session, it is not a violation of the open meetings law. However, such behavior is understandably a matter of concern for governmental bodies and governing bodies can prohibit and establish consequences for such behavior. Some municipalities have local ethics ordinances which prohibit the use or disclosure of information which is considered confidential. Possible consequences may include a fine or censure. However, governing bodies should be aware that a prohibition against revealing information could possibly be challenged as unconstitutionally invading the First Amendment right of free speech."
MJS - March 17, 2005 - State law doesn't restrict remarks on closed sessions But officials often cite it to decline comment
MJS - March 13, 2005 - Index to Special Series - Sunshine Week: Your Right to Know
MJS - Jan 20, 2005 - (Walker editorial) Muzzling public officials is a bad idea
MJS - Dec 13, 2004 - Corrections
MJS - Dec 12, 2004 - Waukesha County News Briefs, Code of Ethics Change comes under criticism
This article quotes an attorney as saying the 2/3 vote to expel a member is "probably illegal." It's a moot point since the ordinance requires a 3/4 majority, which is consistent with the long standing Wisconsin Statute 17.12.