VERIFIED COMPLAINT OF WISCONSIN OPEN MEETINGS VIOLATION
FROM: VALLEY SENTINEL
P.O. Box 144, Spring Green, Wisconsin 53588 (608)588-6694
editor@valleysentinelnews.com
TO: ZACHARY P. LEIGH, District Attorney
222 N. Iowa St. Dodgeville, WI 53533
zachary.leigh@da.wi.gov
Dear District Attorney Leigh;
The Valley Sentinel (hereinafter also “Complainant”) submits the following to you as a verified complaint pursuant to Wis. Stat. § 19.97 against the Village of Arena in Iowa County, Wisconsin; its Village Board of Trustees; its Finance Committee, Village President Kate Reimann; Trustees Kathy Stoltz, Melissa Bandell, Kristen Shea, and Brittany Carney; and Village of Arena Clerk/Treasurer DaNean Naeger (hereinafter collectively “Respondents”). Trustees Becca Raven Uminowicz and MatthewSchroederaredeliberatelyomittedasrespondents for reasons explained below. In support of the Complaint, the Valley Sentinel states:
Summary
1. This Complaint concerns: (1) the improper closure to the public of special meetings of the Village of Arena Board of Trustees which occurred on October 16, 2024, November 21, 2024, December 12, 2024 and January 28, 2025, and possible prior unnoticed meetings or quorums; (2) an apparent unlawful meeting of the Village Board and its Finance, Technology and Licensing Committee (“Finance Committee”) on November 11, 2024 by a quorum consisting of President Reimann and Trustees Bandell and Stoltz; and (3) an apparent unlawful meeting of the Village Board and several of its committees on March 20, 2025 by a quorum consisting of President Reimann and Trustees Bandell, Stoltz, Carney, Uminowicz and Shea. Complainant seeks a declaration of the violations, and an imposition of forfeitures against those officers responsible for the violations.
Parties
2. Complainant is a Wisconsin Domestic Limited Liability Company (Entity ID L068429). It is a “person” as that term is used in sections 19.97 and 990.01(26) of the statutes. Complainant is an award-winning bona fide news media/press organization which publishes an independent biweekly general interest newspaper, the “Valley Sentinel,” covering local news, arts and culture, events, outdoors and recreation, and meetings in the greater Lower Wisconsin River Valley community that includes Spring Green, Arena, Lone Rock, Plain and the surrounding areas in Sauk, Iowa and Richland counties. Complainant is a member of the Wisconsin Newspaper Association and the Association of Alternative Newsmedia Publishers. Complainant has had at all times relevant hereto a written request as media under Wis. Stat. § 19.84(1)(b) for notice of all meetings of boards and committees of the Village of Arena and subunits.
3. The Village of Arena is a village in Iowa County, Wisconsin. Its village board is a public body corporate and politic formally constituted pursuant to chapter 61 and section 66.0203 of the statutes and its Board of Trustees and its subunits are governmental bodies within the meaning of Wis. Stat. § 19.82(1).
4. The offices of Arena Village President, Trustee, and Clerk/Treasurer and the Village Board are established, respectively, by sections 2.10.030, 2.10.020, 2.55.020-030, and 2.10.010 of the Code of Ordinances, Village of Arena, Wisconsin, pursuant, respectively, to Wisconsin Statutes sections 61.24, 61.20, 61.25-26 and 61.32. The Village Finance Committee is established as a subunit of the Village Board by its code, section 2.10.040(a)(1).
5. At all times relevant hereto, the Village of Arena had the following village trustees: President Pro-Tem Kathy Stoltz, Melissa Bandell, Kristen Shea, Becca Raven Uminowicz, Brittany Carney, and Matthew Schroeder, and Village President Kate Reimann, who has all powers and duties of a trustee, constitute the members of the Village of Arena Village Board of Trustees.1
6. Trustees Bandell, Stoltz and Uminowicz constitute the Village Finance Committee. Trustee Bandell serves as Chair.
1 Arena’s ordinances are inconsistent on whether the board includes the president. They state, “The trustees of the village of Arena shall constitute the village board,” at §2.10.010, and that “The village president shall by virtue of his office be a trustee and preside at all meetings of the board, [and] have a vote as trustee…,” id., §2.10.030(b), but elsewhere state, “The village of Arena shall have six trustees in addition to the president, who is a trustee by virtue of his or her office as president. The six trustees shall constitute the village board.” (Emphasis added.), id., §2.10.020. Wis. Stat.§ 61.32 resolves this by requiring all trustees to be part of the board. The president is always a trustee, id., § 61.24, and a village may by ordinance have more than the default six trustees on its board, id., § 61.20.
7. Trustees Shea, Carney and Schroeder constitute the Village Public Works Committee. Trustee Shea serves as Chair.
8. Trustees Stoltz, Carney and Shea constitute the Village Personnel Committee. Trustee Stoltz serves as Chair.
9. Trustees Stoltz, Uminowicz, and a non-trustee citizen member, Tami Erspamer, constitute the Village Public Safety Committee. Trustee Stoltz serves as Chair.
10. A list of standing committees and their membership is attached hereto as Exhibit A.
11. Notwithstanding the memberships stated above, President Reimann is an ex officio member of all village standing committees pursuant to section 2.10.040(b)(2) of the Village Code.2 Because the Village Code has adopted Roberts’ Rules of Order at sections 2.10.130(c) and 2.10.170(c), she would not ordinarily be quorum-contributing (though voting)3 but for open meetings purposes she must be considered such. A quorum is significant in open meetings law not for determining whether a body can act, but whether a sufficient portion of members is present to determine action. See, e.g., State ex rel. Newspapers, Inc. v. Showers, 135 Wis. 2d 77, 97, 102, 398 N.W.2d 154 (1987).
12. President Reimann is the chief presiding officer of the village and its board, responsible in absence of a designee to provide the notice required by Wis. Stat. § 19.84(1)(b).
13. On information and belief, Arena Village Clerk/Treasurer DaNean Naeger is Village President Reimann’s designee for purposes of providing notice of public meetings of the board, and that of the village. Though the language of the Open Meetings Law limits liability for forfeitures to “members,” Complainant posits that for purposes of the statute, an officer of a unit of government who has been designated to act for a member and exercises the responsibilities of a member should be considered a member with respect to actions taken that are by law those of a member. Wis. Stat. § 19.84(1)(b) expressly contemplates delegation, and any reading of Open Meetings Law that would immunize delegees would thereby
2 The Arena Village Code repeats the type of inconsistency with respect to these committees as described in the previous note. Section 2.10.040(a) states that each committee consists of three trustees and that each is appointed by the president. Section 2.10.040(1)(3)a, in providing an exception for the public safety committee, helps affirm the ordinary reading of that section. Yet section 2.10.040(b)(2) makes the president an ex officio member of each standing committee, seemingly uncounted in the stated membership of three, much as she is the seventh member of the six-member board of trustees.
3 See FAQ No. 2, https://robertsrules.com/frequently-asked-questions/.
create a loophole inconsistent with the law’s goals of transparency and accountability.
Events
14. Background. The provision of basic services in the Village of Arena has been an ongoing saga that has been a matter of profound public interest, even drawing media attention from outside the immediate area. Complainant has reported regularly on the degradation of services due to departing personnel and declining volunteer interest. Departing staff have cited low morale stemming from declining support, uninformed interference, and expressions of disrespect from village trustees. This has led to emergency services sometimes being unable to respond to calls, with the public safety situation becoming ever more dire. Since May of 2024, Arena has had no police department. The Village has also lost much of its emergency medical services capacity and has relied heavily on the Town of Arena. Despite this, the Board decided to terminate and renegotiate its joint fire and EMS agreement with the township around the same time it lost its police department. These circumstances have led to repeated special meetings of the Board to find a path forward that will ensure basic services.
15. Call. The Village of Arena Code, section 2.10.100, allows for special meetings of the Board of Trustees. On or shortly before October 11, 2024, Village President Reimann called such a special meeting for the purposes of discussing continuation of the existing Fire Protection and EMS Service Agreement between the Village of Arena and the Town of Arena and a “District 1 EMS proposal.”
16. Notice. On or about October 11, 2024, the Village of Arena caused to be posted notice of a special meeting of its Village Board of Trustees to take place on October 16, 2024. Complainant received notice via e-mail at 11:34 a.m. on that date from Village Clerk Naeger. A true copy of that notice is attached hereto as Exhibit B. The notice includes an agenda item which reads in its entirety as follows:
Convene to closed session pursuant to WI statue[sic] section 19.85(e)[sic]4, for the purpose of Deliberating[sic] or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss the continuation5 of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal
4 Note that the correct statute is 19.85(1)(e) and the notice is missing the (1). This is a significant, if technical, deficiency, but inclusion of the (1) would not remedy the insufficiency of the notice.
5 Also important to note that this is the only time in the resulting series of illegal closed sessions that the notice includes the word “continuation” — which further muddies the waters on what exactly is to be discussed in closed session as the joint fire and EMS agreement had already been terminated and the village and town were operating under an extension agreement while negotiating the terms of future services.
The meeting notice also provided for the Board to reconvene in open session to take action decided upon in closed session.
17. Inferred Prior Meeting. Trustee Bandell is broadly understood to be an ally of President Reimann. On information and belief, Trustee Bandell was privy to the reasons for calling the special meeting prior to its having been called and she and President Reimann shared a common understanding of the reasons for seeking to hold the special meeting in closed session. Not all village trustees were privy to such reasons.
18. On information and belief, President Reimann, Trustee Bandell, and other trustees discussed the potential special meeting, closed session, and potential official action at one or more occasions constituting either a single unnoticed meeting with an effective quorum of village trustees present, or a walking quorum of the members of the Village Board.
19. Meeting. On October 16, 2024, the Arena Village Board of Trustees duly convened its special meeting at Village Hall at 6:01 p.m. by a call to order made by Village President Reimann. All village trustees were present, as were the following members of the public: residents Paul Pustina and Ann Sackett; and the following members of the media: Taylor Scott, of Valley Sentinel.
20. Notice to Trustees of Likely Violation. Taylor Scott, who serves as Complainant’s managing editor, alarmed by the blatant violation of open meetings law, utilized the public comment portion of the meeting to announce and distribute a memorandum outlining the Complainant’s position that closing the meeting to the public would be unlawful and not in the public interest. A true copy of that memorandum is attached hereto as Exhibit C. The gist of the memorandum was that merely “discussing” this kind of public policy was not sufficient to exempt the meeting from the requirement of being public, and if some more specific basis for exemption existed, it needed to appear in the notice. Expanded analysis of the deficiencies of the meeting notice is below.
21. Discussion of Closure. The closed session being the only substantive order of business, Village President Reimann, as presiding officer, called for a motion to go into closed session. The following dialogue ensued:
Trustee Schroeder: Before we make a motion, I just, I'm wondering, what is the purpose of us going into closed session when we previously discussed this in open session and we’ve discussed police agreements in open session? So I don't know the context why we need to go into closed session for this. So that would be helpful to -- before I make a decision for the closed session.
Trustee Bandell: For the statute that I just read.
Trustee Schroeder: Well, the statute is there, but we haven't gone into closed session for other things pertaining specifically to this and other contracts that we have discussed openly.
President Reimann: Well, we do have our attorney here.
Trustee Schroeder: I'm just asking if we have some kind of [unintelligible].
President Reimann: To discuss both fire protection and EMS and also the Town of Arena, and also the District One EMS with our attorney in closed session.
Trustee Bandell: So discuss our strategy moving forward, Matthew.
Trustee Schroeder: Okay, I just, I don't know how that differs from our previous discussions in open session, that's all I -- Just asking. That’s the clarification I wanted…
22. Closure. After this discussion, the President asked for any further questions, and when none were asked, called again for a motion. Trustee Bandell moved “to go into closed session.” Trustee Stoltz seconded. The motion passed on a 5-2 roll call vote with Trustees Schroeder and Uminowicz voting nay and all other trustees voting aye.
23. Order. President Reimann announced that “we are now going into closed session, and so any members of the public should leave now.” She directed the board to reconvene in the “conference room” and members of the public to leave to their cars or the Village Hall porch. The entire gallery remained seated and did not leave and sought confirmation that this was intended as an order from the chair, President Reimann repeated several times that it was. So as to not cause a disruption, upon a direct order of the chair, the gallery members then left the meeting room stating they were leaving “under duress and in protest”.
24. Government Business. The Board of Trustees, while in closed session, engaged in general discussion of policy regarding the provision of emergency services which was outside the scope of any applicable exemption from such business being required to be conducted in public.
25. Follow-up. Complainant solicited and received information from the two village trustees that voted against going into closed session and received their comments on the content of the closed session without the revelation of detailed substantive information whose disclosure might violate the interests of the public or undermine the exemptions that are part of the open meetings law.
26. Trustee Uminowicz informed the Complainant in an email exchange (the final response of which is attached hereto as Exhibit D) that the matters discussed at the closed session went beyond consideration of negotiating strategy, and beyond the continuation of the Fire and EMS Service Agreement or proposal. She also expressed the view that the closed session was not necessary to protect
the public interest and that notice was insufficient for her or other trustees to determine whether closure would be necessary. She drew attention to the fact that Trustee Bandell appeared to have special access to information about what would be discussed in closed session.
27. Trustee Schroeder informed the Complainant in an email exchange (the final response of which is attached hereto as Exhibit E) that the matters discussed in closed session included some opinions that were not directly but still indirectly related to the topic included in the meeting notice. The discussion, he said, did extend beyond Trustee Bandell’s description of “discuss[ing] our strategy moving forward” but fell mostly within that scope. Having attended the closed session, he still believes much of what was discussed there could have been discussed in a session open to the public and he does not believe that any of it should be withheld from the public, though he understands that others might reasonably disagree.6 He said he understood from the notice what generally would be discussed but “it was not immediately clear to me what the exact reasoning for the closed session was, what public interests we were protecting, or whether there was a need for conversations to be discussed in closed session, based on precedent,” and he did not feel the notice was adequate in that regard. He again emphasized that these matters had already been discussed in public.
28. Series of Special Meetings with Closed Sessions. Special meetings of the Village Board were held on November 21, 2024, December 12, 2024 and January 28, 2025. Shortly before each of those meetings, Village President Reimann called the meetings and caused public notice to be posted for them substantively similar to the October 16 special meeting notice but varying in the date. Each of these meetings was called for the purposes of discussing possible terms of an Intergovernmental Agreement between the Village of Arena and the Town of Arena for the providing of future Fire and EMS Services,7 and, in the case of the November 21 meeting, possible terms of a contract with Dane County District One EMS for the providing of future EMS services. Meeting notices and minutes attached hereto as Exhibit F.
29. Each of the above special meetings contained notice of a closed session under Wis. Stat. 19.85(1)(e), with each meeting notice failing to correct the exact same specificity, sufficiency and related issues Valley Sentinel pointed out in a memo during the October 16 meeting.
6 As elaborated below at ¶46, the exemption Wis. Stat. § 19.85(1)(e) applies only when there is an essential need which makes closure the only option, and the reason for the necessity must appear in the notice. Reasonable disagreement over the necessity of closure strongly suggests the “require” standard was not met, and shows the ineffectiveness of the notice.
7 Language roughly approximate to this appeared in each notice but with minor variations. Rather than quote each, Complainant refers the reader to the attached notices themselves.
30. Trustee Knowledge of Likely Violation. Considering the October 16, 2024 memo that had been handed out to the Village Board and the meeting notices were substantively the same, all trustees reasonably should have known that the meeting notices for the November 21, 2024; December 12, 2024 and January 28, 2025 meetings were insufficient to allow closed session.
31. Upon information and belief, Village President Kate Reimann and trustees Kathy Stoltz, Melissa Bandell, Kristen Shea and Brittany Carney knowingly attended this series of closed meetings and made no attempt to prevent the violation despite awareness of the high probability of the meeting’s illegality. Failure to read the memo handed to them regarding the deficiencies of the notice is no defense, as it would serve as conscious avoidance of awareness of the illegality per State v. Swanson, 92 Wis. 2d 310, 319, 284 N.W.2d 655 (1979).
32. Series Closure. For all relevant meetings, November 21, 2024, December 12, 2024 and January 28, 2025, just as with the October 16, 2024 meeting, Village President Kate Reimann and trustees Kathy Stoltz, Melissa Bandell, Kristen Shea and Brittany Carney all voted to convene into closed session, despite the notice being insufficient.
33. Government Business in Series of Closed Session. Upon information and belief, the Board of Trustees, while in closed session November 21, 2024, December 12, 2024 and January 28, 2025, engaged in general discussion of policy regarding the provision of emergency services and other topics which were outside the scope of any applicable exemption from such business being required to be conducted in public.
34. November 11 Meeting. On November 11, 2024, at approximately 10 p.m., President Reimann and Trustees Bandell and Stoltz were observed to be meeting at Reimann’s residence following a Village Board meeting that had concluded at 8:27 p.m. On information and belief, they met to conduct business of the Finance Committee. On information and belief, they also met to discuss business of the Village Board. A gathering of Reimann, Bandell and Stoltz constitutes a negative quorum of the Village Board that can effectively block business that requires a two thirds vote of the board. A picture of Bandell and Stoltz’s cars at Reimann’s residence, taken by resident Nick Larson and obtained via Paul Pustina, is attached hereto as Exhibit G.
35. At all relevant times hereto, Complainant had filed a standing written request for notice of all meetings of the Arena Village Board of Trustees
and its subunits (email request attached hereto as Exhibit H) and is entitled to notice of such meetings as media pursuant to Wis. Stat. § 19.84(1)(b).8
36. Complainant received no notice of such a meeting and, on information and belief, this is because no public notice of any kind was issued for the meeting.
37. March 20Meeting. In the evening of March 20, 2025, an event billed as a “Candidate Forum” was held at Grandma Mary’s Café, a restaurant located at 175 US-14 in Arena. The event was attended by Trustees Stoltz, Carney, Bandell, Uminowicz and Shea, as well as Village President Reimann.
38. Upon information and belief, each of the trustees present at this event was aware of the others’ presence, and each of them, apart from Uminowicz, purposefully engaged in discussion and information gathering related to the official business of the Board and each of its standing committees. Some trustees stated positions on future decisions likely to come before the Board. Photos taken by the Complainant at the event display each of the trustees, other than Uminowicz, talking and mingling with other trustees after the event. These photos collectively are attached hereto as Exhibit I.
39. President Reimann walked into the forum at approximately 7 p.m., while Trustees Stoltz, Carney, Bandell, and Uminowicz were already present, and remained until the event concluded. Trustee Shea was the last to arrive and similarly remained until the conclusion.
40. Upon information and belief, Naeger was a main organizer of the event and had knowledge of the event weeks prior. On information and belief, President Reimann was also involved in the presentation of the event. A single advance promotion of the event appeared on the Village’s official website, placed there by Naeger. That promotion did not identify the gathering as the meeting of any body, was not formatted as a public meeting notice, and did not appear on the website on the page where notices of official functions routinely appear.
41. Complainant received no incidental gathering or similar notice of such meeting for March 20, 2025, at all at any point. Complainant reviewed the Village of Arena notices webpage the evening of March 19, 2025 less than 24 hours before the event, and again on the early morning of March 20, 2025 — the day of the event, and at those times did not observe a notice. On information and belief this is because as of 24 hours before the scheduled beginning of the event, no official notice for the event had been issued.
8 This notice to Valley Sentinel — as news media that has requested notice — is required for meetings to be considered properly noticed. When news media request notice under Wis. Stat. 19.84(1)(b) it is separate from the notice given to the public, but equally as necessary.
42. On March 21, 2025, Complainant observed a “gathering” notice posted to the Village of Arena notices webpage for the March 20, 2025 meeting/forum. Upon information and belief, the notice was created and posted by Naeger. The language on the notice itself says it was posted “Wednesday, March 19, 2025” and posted at the Arena Village Hall and the village’s website. Upon downloading the PDF file of the notice, it was observed that the metadata listed 7:42 a.m. on March 20, 2025 as the date and time the file was created. Upon information and belief, Naeger, with intent to defraud falsely to cover up the omission of the notice and to protect trustees she views as political allies, created a public record that purports to have been made at another time.9 The notice and metadata are attached hereto as Exhibit J.
Theory of liability
43. Insufficient Notice for Special Meetings in Closed Session. The first set of related claims set forth in this complaint is based on the theory, well supported at law, that the notices of the prospective closed sessions here were not adequate to establish a compelling and specific reason to close the meetings, and that based on available information, it is highly probable that some discussion took place in closed session which should have been conducted in open session.
44. Section 19.84 requires all meetings of a governmental body to be preceded by proper notice. For notice to have been sufficient, it was required first to meet a reasonableness standard in terms of its specificity, which takes into account the circumstances of the particular case. State ex rel. Buswell v. Tomah Area Sch. Dist., 2007 WI 71, 22, 301 Wis. 2d 178, 732 N.W.2d 804. This depends at minimum on the level of burden attendant to providing more detailed notice, the particular public interest in the business considered, and whether the contemplated action is novel or routine. Id., 28.
45. A second requirement is that of Wis. Stat. § 19.84(2), providing that if the notice-giving official knows that a closed session is contemplated, the notice must contain the subject matter to be considered in closed session. The notice “must contain enough information for the public to be able to tell whether the closure would be lawful. Buswell, 2007 WI 71, ¶37 n.7. Likewise, it should be sufficient to inform the decision of the members of the government body itself whether to close the meeting. Heule Correspondence (June 29, 1977). The Attorney General has advised that the notice must state the specific nature of the business, not just a quotation of the statutory exemption relied upon by the body. Weinschenk Correspondence (Dec. 29, 2006); Anderson Correspondence (Feb. 13, 2007).
9 As you may observe, if true this would not only be evidence of an open meetings violation, but would independently constitute forgery under Wis. Stat. 943.38, a Class H Felony.
46. When a governmental body seeks to convene in closed session under Wis. Stat. § 19.85(1)(e), the burden is on the body to show that competitive or bargaining interests require closure. State ex rel. Citizens for Responsible Dev. v. City of Milton, 2007 WI App 114, ¶10, 300 Wis. 2d 649, 731 N.W.2d 640. The use of the word “require” in Wis. Stat. § 19.85(1)(e) limits that exemption to situations in which competitive or bargaining reasons leave a governmental body with no option other than to close the meeting. Id.,¶14; see also Gempeler Correspondence (Feb. 12, 1979). The attorney general has opined that notice in this circumstance must show why the body concludes that the proposed discussion would implicate the statutory exemption, i.e., how it creates a requirement. Wirth/Lamoreaux Correspondence (May 30, 2007).
47. The attorney general has said a great deal about specificity of notice. For example, proper notice must make clear which of several reasons for exemption given in a statutory subsection actually is being utilized. Hence a notice of closed session citing section 19.85(1)(c) must include whether closure is for interviewing candidates for a job, considering the promotion of a worker, conducting evaluations, etc. Reynolds/Kreibich Correspondence (Oct. 23, 2003). Paragraph (e) of that statute also includes numerous possible bases for closure, but none were identified in the notice, and the reason given does not generally establish an exemption. The shortcoming here was more serious than in decided cases like Milton or the recent Oitzinger v. City of Marinette (No. 2024AP51, decided February 18, 2025, recommended for publication).
48. In this case, we have a clearly non-routine matter of highly elevated public interest, and it appears clear that those behind the calling of the meetings had a more detailed understanding of the reasons for the meetings and their intended closure than was placed in the notice, especially in the case of the October 16, 2024 meeting.
49. Because merely quoting the statutory exemption is insufficient, the only detail that might be cited to argue the adequacy of the notice of closed session would have to be the phrase, “to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal” and similar in subsequent notices. However, this in no way demonstrates any need for a closed session. It merely concerns a matter of public policy that had already been discussed at length in public.
50. This is clearly insufficient to show that a closed session was required to preserve any public interest, and clearly insufficient to provide guidance to Board members voting on whether to close, or to assure the public that closure was legitimate. Failure to provide adequate notice of the meeting and its basis for closure constitutes a violation of Wis. Stats., sections 19.83(1) and 19.84(2). Failure
to provide the requisite specificity when calling for a motion and vote to close the session violated section 19.85(1).
51. Matters Not Requiring Closure. Even if there were particular matters of business which did indeed require confidentiality, the basis for closure that was noticed and voted upon was much broader than such matters, and it should be presumed that while in closed session, the body undertook discussion within the full gamut of what was stated in the notice, which would mean that at least parts of each closed session were unlawful.
52. The principle applies in this circumstance that when a proper basis to close the meeting exists, the body may only close those portions of the meeting for which that basis comes into play, and must hold related discussions in the open whenever possible. Citizens for Responsible Dev., ¶19; I-04-09 (Sept. 28, 2009).
53. Meeting in closed session without a valid exemption, or engaging in business outside the scope of such an exemption constitutes a violation of Wis. Stats., section 19.83(1).
54. Likely Prior Meetings. If it is indeed true as inferred above that a quorum of trustees met in an inferred prior unnoticed meeting or more than one such meeting, then such meeting without notice constitutes a violation of Wis. Stats., sections 19.83(1) and 19.84(2). Failure to provide notice of the session to other members of the body violated section 19.89. It is further likely that any such session or sessions were not conducted at a time and place accessible to the public and thus must be considered closed, a violation Wis. Stats., section 19.85(1).
55. SubsequentSeriesofClosedMeetings. Likewise for the November 21, 2024; December 12, 2024 and January 28, 2025 meetings, meeting in closed session without a valid exemption, or engaging in business outside the scope of such an exemption constitutes a violation of Wis. Stats., section 19.83(1).
56. November 11, 2024 Meeting. Likewise for the November 11 meeting, meeting without notice constitutes a violation of Wis. Stats., sections 19.83(1) and 19.84(2). Failure to provide notice of the session to other members of the body violated section 19.89. It is further likely that any such session or sessions were not conducted at a time and place accessible to the public and thus must be considered closed, a violation Wis. Stats., section 19.85(1).
57. March 20, 2025 Meeting. With respect to the March 20, 2025 forum, it is also true that meeting without proper notice constitutes a violation of Wis. Stats., sections 19.83(1) and 19.84(2).
58. While Complainant acknowledges that it is less obvious here than for the other meetings noted above, under the facts alleged herein, the March 20, 2025
forum constituted a meeting under open meetings law, of the Village Board and all of its standing committees. Per Wis. Stat. section 19.82(2), “Meeting” means “the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter.”
59. Because of the number of trustee attendees, official purpose is therefore presumed. Moreover, the organization of the event by village officials, the use of village resources and access to promote it, the intended and actual focus on village business, and the posting of formal notice after the fact, all suggest this. Moreover, Showers stressed that “governmental business” refers to any formal or informal action, including discussion, decision, or information gathering, on matters within the governmental body’s realm of authority. 135 Wis. 2d at 102-03. The event here clearly allowed trustees to gather information and discuss village business.
60. Complainant does not argue that all trustees, finding themselves at an incidental quorum, were required to leave the March 20, 2025 meeting. Complainant has alleged above that most, but not all trustees had the intent to engage in governmental business. All were aware of a quorum, and President Reimann and the respective chairs of standing committees, being the officials responsible for posting notice, all had imputed or actual knowledge that the meeting had not been properly posted. Reimann and Shea, then, both having this responsibility, arriving at the meeting after the establishment of a quorum and yet remaining, have most clearly and severely violated the law.
61. With respect to the timing of the notice, it should be obvious that notice after the fact is not notice at all. Subsection 19.84(3)states that notice must be given 24 hours in advance, except in an emergency where for “good cause” it is “impossible or impractical” to do so, in which case it must be given two hours in advance. Not only was this forum set and publicized well in advance, but even if it had happened spontaneously, there was no good cause that required trustees to attend the forum and create a quorum once timely notice had failed to issue.
Witnesses and Evidence
The following witnesses can testify to said acts or omissions:
Kate Reimann, 417 Williams St, Arena, WI 53503; kate.reimann@villageofarena.net; 608-574-0587
Kathy Stoltz, 712 Sharon St, Arena, WI 53503; k.stoltz@villageofarena.net; 608-588-4866
Melissa Bandell, 103 Thomas Pl, Arena, WI 53503; m.bandell@villageofarena.net; 608-513-2535
Kristen Shea, 300 Prairie Street, Arena, WI 53503; k.shea@villageofarena.net; 608-753-3024
Brittany Carney, 309 Prairie St, Arena, WI 53503; b.carney@villageofarena.net; 608-644-6489
DaNean Naeger, 345 West St, Arena, WI 53503 / 314 Commerce Street, Rewey, WI 53580; vilarena@villageofarena.net; 608-753-2133
Becca Raven Uminowicz, 373 Willow St, Arena, WI 53503; b.uminowicz@villageofarena.net; 773-308-3632
Matthew Schroeder, 421 Willow St, Arena, WI 53503; m.schroeder@villageofarena.net; 608-438-6844
Taylor Scott/Valley Sentinel, PO Box 144, Spring Green, WI 53588; editor@valleysentinelnews.com; 608-588-6694
Nicole Aimone/Valley Sentinel, PO Box 144, Spring Green, WI 53588; editor@valleysentinelnews.com; 608-588-6694
Paul Pustina, 408 Dalogasa Dr, Arena, WI 53503; paulpustina@gmail.com; 608-574-0589
Ann Sackett, 316 Williams Street, Arena, WI 53503, sackettva@yahoo.com; 608-699-3547
The following documentary evidence of said acts or omissions is (or can be made) available:
1 - 2024-2025 Village of Arena standing committee list. (Exhibit A hereto.)
2 - October 11, 2024 public notice of October 16, 2024 special meeting of the Arena Village Board of Trustees. (Exhibit B hereto.)
3 - Memorandum distributed to Village of Arena trustees by Valley Sentinel/Taylor Scott at their October 16, 2024 special meeting. (Exhibit C hereto.)
4 - Email response from Trustee Uminowicz to Complainant dated Nov. 3, 2024. (Exhibit D hereto.)
5 - Email response from Trustee Schroeder to Complainant dated Nov. 4, 2024. (Exhibit E hereto.)
6 - Initial and series of closed session meeting notices and minutes. (Exhibit F hereto.)
7 - Picture of Bandell and Stoltz’s cars at Reimann’s residence. (Exhibit G hereto.)
8 - Complainant’s request for notice as media pursuant to Wis. Stat. § 19.84(1)(b). (Exhibit H hereto.)
9 - Photos from March 20, 2025 candidate forum. (Exhibit I hereto.)
10 - March 20, 2025 notice and metadata. (Exhibit J hereto.)
11 - Audio recording of the public portion of the meeting and events immediately after its unlawful closure.
Prayer for Relief
WHEREFORE, Complainant prays that the District Attorney for Iowa County, Wisconsin timely institute an action against those Respondents named above to declare the closure of the October 16, 2024; November 21, 2024; December 12, 2024 and January 28, 2025 special meetings of the Village of Arena Board of Trustees, as well as the gatherings on November 11, 2024 and March 20, 2025, a violation of Wisconsin Open Meetings Law, recover the forfeitures provided in Wis. Stat. § 19.96, together with reasonable costs and disbursements as provided by law, and such other legal or equitable relief as may be appropriate as provided by Wis. Stat. § 19.97(2).
[The remainder of this page intentionally left blank]
2024-2025 STANDING COMMITTEES
Finance/Technology/Licensing: Chair: Melissa Bandell, Kathy Stoltz, Becca Raven Uminowicz (Meets: First Tuesday of the month from 6 p.m. – 7 p.m.)
Public Works: Chair: Kristen Shea, Brittany Carney, Matthew Schroeder (Meets: First Tuesday of the month from 5 p.m. – 6 p.m.)
Personnel: Chair: Kathy Stoltz, Brittany Carney, Kristen Shea (Meets: First Tuesday of the month from 4:30 p.m. – 5 p.m. as needed)
Public Safety: Chair: Kathy Stoltz, Becca Raven Uminowicz, Citizen -Tami Erspamer (2027)
Police: Lydia Sackett (2026), Aaron Jacobus (2027), Dave Jones (2025)
President Pro-Tem: Kathy Stoltz
Emergency Management Coordinator: Kate Reimann
BOARDS AND COMMISSIONS:
Board of Review: Kate Reimann, Kristen Shea, Kathy Stoltz, Brittany Carney, Matthew Schroeder (Alternates: Village Clerk/Treasurer; Becca Raven Uminowicz) (Meets in May of each year)
Zoning Board of Appeals: Chair: Steve Wilkinson (4/2025), Dwight Reimann (4/2025), Chris Hill (4/2026), Doug Richter (4/2026), Jane Hanson (4/2026) (Meets as needed)
Plan Commission: Chair: Kate Reimann (4/2025), Kristen Shea (4/2025), Karen Wilkinson (4/2026), Zach Adams (4/2025), William Hanson (4/2025), William Smith (4/2025), ____________ (4/2026)
(Meets: Second Tuesday of the month at 7 p.m. as needed)
Fire Board: Melissa Bandell
(Meets: First Thursday of the Feb, Apr, June, Aug, Oct, Dec at 6:30 p.m.)
Dane-Iowa Wastewater Commission: Kate Reimann (Alternate Kathy Stoltz), Ray Porter (2025)
(Meets: Third Thursday of the month at 6:30 p.m.)
VILLAGEOF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133
NOTICEOF THEVILLAGE OF ARENA SPECIAL BOARD MEETINGOFTHE VILLAGE BOARDIS HEREBY GIVEN to the public and tothe news media pursuant to Section 19.84 of the Wisconsin Statutes.
Possible action may betaken on all agendaitems except topics presented under public comment.
DATE: WEDNESDAY, OCTOBER 16, 2024
TIME: 6:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARDMEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order
2. Roll Call
3. Public Comment
4. Convene to closed session pursuant toWI statue section 19.85(e), for thepurpose of Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal
5. Return to open session, any action as aresult of closed session
6. Adjourn
POSTEDAGENDA: Friday, October 11, 2024
POSTED AS LISTED BELOW AND NOTIFIED BY EMAILTO THE HOME NEWS OF SPRING GREEN Arena Village Hall
www.villageofarena.net
ValleySentinel
POBox144
SpringGreen,WI53588
editor@valleysentinelnews.com
October16,2024
VillageofArenaBoardofTrustees
345WestStreet
Arena,Wisconsin53503
Boardmembers—
Uponguidanceofourlegalcounsel,I’vebeenadvisedthattheVillageofArenaBoardofTrusteesareunabletoconvene inclosedsessionforagendaitem4.“ConvenetoclosedsessionpursuanttoWIstatue[sic]section19.85(e),forthe purposeofDeliberating[sic]ornegotiatingthepurchasingofpublicproperties,theinvestingofpublicfunds,or conductingotherspecifiedpublicbusiness,whenevercompetitiveorbargainingreasonsrequireaclosedsession, specificallytodiscussthecontinuationoftheFireProtectionandEMSServiceAgreementwiththeTownofArenaand District1EMSproposal[.]”
Withoutgettingextremelytechnicalinthebodyofthismemo,thenoticeforameetingofagovernmentalbody’sclosed sessionmustbespecific.Itisnotsufficientsimplytociteorquotetherelevantstatutepermittingclosure.Theremustbea descriptionthatsufficientlydescribestheintendedsubjectoftheclosedsession.Adescriptionwasincludedinthenotice, butourlegalcounseladvisesusthatthisdescriptionissimplynotgoodenough.Itisalsonotclearthattheclosedsession wouldbelegalevenifthepropernoticewereissued.
Thecourtshaveexplainedthatlegallysufficientdescriptionmustbedetailedenoughthatamemberofthegovernmental body,oramemberofthepublic,oracourt,wouldbeabletotellfromthedescriptionwhetherthepurposeoftheclosed sessionactuallysatisfiesthestatute.Theburdenisonthegovernmentalbodytoprovideenoughinformationtoshowthat theclosureisreallyjustified.
Thisisnottheonlystandardthatmustbemet,butitisaminimum.Thestandardmaybehigher,forexample,ifthe importanceandpublicinterestinthetopicunderconsiderationishigh,orifabetterdescriptioncanbeofferedwithout muchburdentothegovernmentalbody.Butinallcases,thedescriptionmustbegoodenoughtoshowthatclosureis warranted.
Inthiscaseitisn’t.Merely“discussing”thecontinuationofanagreementisnotsomethingthatgenerallyrequiresa meetingtobeclosed.Thecourtshaveemphasizedthat“required”meansactuallynecessary,notjusthelpful.Andclosure isnotrequiredforanentiresessionwhenonlypartsofitactuallymeritclosure. Itmaybethattherearepartsofdiscussingthecontinuationoftheagreement,suchassettlinguponanegotiatingstrategy, thatcouldlegitimatelyrequireclosingthemeetingtothepressandpublic—however,theVillagedidnotspecifically statethis—anditisnotnecessarytoremovethepeoplefromalldiscussionoftheissue,whichiswhatthenoticesays. Andifthenoticewasmeanttoreflectsomethingmorespecific,itwastheobligationoftheboardtosetthatout sufficiently.Asitstands,theneedforclosingthemeetingisnotreadilyapparent,andsothenoticeisnotgoodenoughto allowthemeetingtobeclosed.1
1 For example, the AG has said in its helpful open meetings law compliance guide that the board and its attorney may want to remedially review, the specificity required of a notice for a closed session entails making clear which of several reasons for exemption given in a statutory subsection actually is being utilized. Thus, where Wis. Stat. § 19.85(1)(c) allows governmental bodies to use closed sessions to interview candidates for positions of employment, to consider promotions of particular
(IwillnoteinpassingthattheTownofArenarecentlyheldsuchameeting,inwhichtheyenteredclosedsessionto specificallyagreeonanegotiatingstrategy,andweconsideredtheirnoticetobebroadlysufficient.Ifthatisyourpurpose here,thenyoumightfollowtheirexample.)
Anymemberofagovernmentalbodywhoknowinglyattendsameetingheldinviolationoftheopenmeetingslaw,or otherwiseviolatesthelaw,issubjecttoaforfeitureofbetween$25and$300foreachviolation.TheWisconsinSupreme Courthasdefined“knowingly”asnotonlypositiveknowledgeoftheillegalityofameeting,butalsoawarenessofthe highprobabilityofthemeeting’sillegalityorconsciousavoidanceofawarenessoftheillegality.PerWisconsinOpen MeetingsLaw,boardmembersareabletoabsolvethemselvesofliabilityiftheyvoteagainstthemotiontogointo closedsession,orotherwisemakeorvoteinfavorofamotiontopreventtheviolationfromoccurring.
Becauseofoverlybroaddescriptioninthenoticeofthereasonforclosingthesession,lackinganyrealexplanationor specificityofhowclosureofthemeetingwouldbenecessaryunderanypartofthestatute,andthefactthatthesestatutes aretobeliberallyconstruedtoprovideasmuchpublictransparencyandaccessaspossible,itisthepositionof Valley Sentinel asnewsmedia,uponadviceofourlegalcounsel,thatthismeetingmustbeheldinopensessionandthata representativeof Valley Sentinel willstayinattendanceforthedurationofthemeetingasthetopicisoneofgreatpublic interesttoreporton.
WhileretainingallrightsaffordedtonewsmediaandthepublicunderWisconsinStatute, Valley Sentinel andits representativewillremainorderlyandwillcomplywithanorderofthechair,lawfulorotherwise,toremovea publicnon-memberoftheboardfromthegalleryandwillremovethemselvesfromthemeetingroomunderduress andinprotestifsuchanorderismade.
Thankyou,
TaylorQ.Scott Co-Owner/Publisher/ManagingEditor, Valley Sentinel
employees, to consider the compensation of particular employees, and to conduct employee evaluations, each of these phrases beginning with the words, “interviewing” or “considering” or” conducting”, is a different reason that should be identified in the meeting notice and in the motion to convene into closed session. Reynolds/Kreibich Correspondence (Oct. 23, 2003). [Emphasis added]
With regard to (e), which includes “[d]eliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session” the notice states “discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal” which cannot generally require the meeting to be closed and thus cannot be considered the “other specified public business” alone. If the purpose was to establish a negotiating strategy regarding that agreement and the proposal then that needs to be specified, otherwise it would not be unreasonable for the public to wonder whether perhaps the Village believes it is exempt from holding an open meeting under the provisions for considering purchasing public properties or investing public funds with regard to the Fire & EMS agreement or District 1.
The AG further advises that an announcement of a contemplated closed session under Wis. Stat. § 19.85(1)(e) that provides only a conclusory assertion that the subject of the session will involve competitive or bargaining issues is inadequate because it does not reflect how the proposed discussion would implicate the competitive or bargaining interests of the body or the body’s basis for concluding that the subject falls within the exemption. Wirth/Lamoreaux Correspondence (May 30, 2007).
Further, as the AG reminds us, the use of the word “require” in Wis. Stat. § 19.85(1)(e) limits the exemption to situations in which competitive or bargaining reasons leave a governmental body with no option other than to close the meeting. Citizens for Responsible Dev., 2007 WI App 114, 14.
Lastly, the AG has said competitive or bargaining reasons permit a closed session where the discussion will directly and substantially affect negotiations with a third party, but not where the discussions might be one of several factors that indirectly influence the outcome of those negotiations. Henderson Correspondence (Mar. 24, 1992). Even where “discussion will directly and substantially affect negotiations with a third party” that alone does not absolve the body of adhering to the other requirements found in statute and case law.
5.) Please feel free to add anything else. I am at a disadvantage because I am new to this trustee role and find all the rules about not discussing anything outside a committee or board meeting for fear of creating a walking or silent quorum unproductive. So, how is it that Melissa knew that this meeting specifically would be negotiating when her name was not included on the agenda purpose along with Village President Kate Reimann. When did she "get read in" and the rest of the trustees didn't? I find myself questioning whether everyone is following the same set of rules.
Kindly,
Becca Raven Uminowicz Village of Arena Trustee
On 10/31/2024 12:50 AM EDT Valley Sentinel <editor@valleysentinelnews.com> wrote:
Hi BeccaRaven,
No disrespect taken at all! But I do want to reiterate that we're not asking you to disclose any content of the meeting, we're just asking if the meeting stayed in scope.
Please see below advice from our legal counsel that first addresses this (he is 100% confident that the questions can be properly and legally answered), and then contemplates an FYI if we were instead asking you to disclose generally what was discussed — and we are not, but I thought you'd find it interesting.
Completely understand if you can't answer regardless, but if the Board went outside of the scope of the notice — especially with their attorney there — then it's incumbent upon those ethical members of the Board to speak up, because you have a duty to the public.
Best,
Taylor Scott, Managing Editor
Valley Sentinel
Spring Green, Wisconsin
608-588-6694
editor@valleysentinelnews.com www.valleysentinelnews.com
Wisconsin Newspaper Association, Best in Division E (2022)
From: Gary Grass <g.grass@sbcglobal.net>
Sent: Wednesday, October 30, 2024 11:34 PM
To: Valley Sentinel <editor@valleysentinelnews.com>
Subject: Re: Meeting Questions
There is no question in my mind that the five specific yes-or-no questions may be answered. The fifth, open-ended question depends on what she may wish to add.
In general, I cannot give generous assurances on the general question, at least not without doing a little more research. I can say that nothing in the statutes explicitly requires confidentiality to be observed. There are three other considerations:
There is an argument that this could be inferred from the closure of a meeting. I think that argument is hard to make if the closure was unlawful, but it can be made: the legislature encouraged members to attend sessions unlawfully closed by others so as to not drive more skeptical observers from the room. One reason for doing this may have been to allow portions of the meeting to be publicly reported if they were clearly unlawful. On the other hand, take a circumstance such as deliberations where the point of confidentiality is not to chill discussion. The prospect of a member using their presence to observe and report to the public undermines that goal by chilling the deliberations even behind closed doors. If there is a public interest in maintaining some kind of secrecy and public policy reflects this, a court may see violations of that secrecy as lacking legal protection: but I'm not sure from what, unless there is an injury that could be sued over, or some special rule or law.
That is the second thing: there may be specific statutes, ordinances, or ethical rules that might limit disclosure of information, but I do not know of any.
Finally, a public officer has a fiduciary duty to the public. Courts generally abstain from "political questions" so one cannot typically sue to say, "I disagree with your view of the public interest." But regardless of enforcement, I am leaning toward advising the officer to do what they think is right. It is impossible for me to be certain without more information whether the law will back them up, but I think it probably will.
On Wednesday, October 30, 2024 at 10:45:14 PM CDT, Valley Sentinel <editor@valleysentinelnews.com> wrote:
Gary, can you give guidance on this?
1.) In general, re: disclosure.
2.) Specifically, re: the below email and my questions to her.
I want her to be comfortable answering. Maybe explain and reiterate that if there was discussion outside the scope of the topics how big of a deal that is and why. And reassuring her that we're not asking anything improper.
Best,
Taylor Scott, Managing Editor
Valley Sentinel Spring Green, Wisconsin 608-588-6694
editor@valleysentinelnews.com www.valleysentinelnews.com
Wisconsin Newspaper Association, Best in Division E (2022)
From: b.uminowicz <b.uminowicz@villageofarena.net>
Sent: Wednesday, October 30, 2024 10:41 PM
To: Valley Sentinel <editor@valleysentinelnews.com>
Subject: Re: Meeting Questions
Hi Taylor,
I apologize for my delayed response. I have been very busy with my day job and just opened my Village email now. As far as I understand closed session, what is discussed during the session is not to be shared outside of that meeting. I mean no disrespect, but I am not comfortable answering your questions. I hope you can
Respectfully,
Becca Raven Uminowicz Village of Arena Trustee
On 10/26/2024 1:43 AM EDT Valley Sentinel <editor@valleysentinelnews.com> wrote:
Hi Matthew and BeccaRaven,
We wanted to ask a few questions quick about the special meeting Oct. 16. We are not asking that any content of the meeting itself be divulged, but rather if the discussion in closed session remained within the scope of the notice. Under Wis. Stat. § 19.85(1). the governmental body must limit its discussion in closed session to the business specified in the announcement.
We're reaching out to you two as you voted against the potentially illegal closed session and absolved yourselves of personal liability. Please feel free to answer any or all questions as long or as short as you'd like.
1.) Did the scope of the closed session discussion extend beyond the noticed (but likely insufficient) topic: "specifically to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal"?
2.) Did the scope of the closed session discussion extend beyond Melissa Bandell's stated topic in of: "To discuss our strategy moving forward" (presumably the Village's negotiating strategy regarding the above topic)?:
3.) The AG advises: Enough specificity is needed in describing the subject matter of the contemplated closed meeting to enable the members of the governmental body to intelligently vote on the motion to close the meeting. Heule Correspondence (June 29, 1977); see also Buswell, 2007 WI 71, ¶ 37 n.7. Prior to Melissa's statement, was it clear to you what the purpose of the board going into closed session was for? Did you have sufficient notice that the closed session was specifically to discuss negotiating strategy?
4.) The AG advises: The policy of the open meetings law dictates that the exemptions be invoked sparingly and only where necessary to protect the public interest. If there is any doubt as to whether closure is permitted under a given exemption, the governmental body should hold the meeting in open session. See 74 Op. Att’y Gen. 70, 73 (1985).
Was this closed session necessary to protect the public interest?
5.) Please feel free to add anything else.
Best,
Taylor Scott, Managing Editor
Valley Sentinel Spring Green, Wisconsin
608-588-6694
editor@valleysentinelnews.com www.valleysentinelnews.com
Wisconsin Newspaper Association, Best in Division E (2022)
3.) The AG advises: Enough specificity is needed in describing the subject matter of the contemplated closed meeting to enable the members of the governmental body to intelligently vote on the motion to close the meeting. Heule Correspondence (June 29, 1977); see also Buswell, 2007 WI 71, ¶ 37 n.7.
Prior to Melissa's statement, was it clear to you what the purpose of the board going into closed session was for? Did you have sufficient notice that the closed session was specifically to discuss negotiating strategy?
I understood when I received the agenda for the Board Meeting on October 16th, 2024, what would generally be discussed. I also understood that at least one Village Trustee felt that the subject of “continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal" would need to be discussed in closed session, based on the agenda alone.
Conversely, given the vague nature of the agenda, it was not immediately clear to me what the exact reasoning for the closed session was, what public interests we were protecting, or whether there was a need for conversations to be discussed in closed session, based on precedent. The agenda vaguely stated, the closed session was intended to discuss the "continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal", however conversations regarding the negotiation process for these agreements, as well as other public safety contracts, had taken place in open session in the past, so it was not clear to me, what the need for closed session was. When Trustee Bandell provided an additional explanation that the closed session would be used "To discuss our strategy moving forward", it did not provide me with any additional reasoning for the need for the meeting to move into closed session, given our past discussions in open session.
Admittedly, I believe that most agenda items are purposely written to be vague, so that it gives the Village Board latitude to discuss topics more broadly. Regardless, I do not feel that the description of the reason for closed session was worded well enough to justify moving into closed session, nor did it describe the specificity of the reasoning behind the need for closed session when similar situations previously did not require closed session.
4.) The AG advises: The policy of the open meetings law dictates that the exemptions be invoked sparingly and only where necessary to protect the public interest. If there is any doubt as to whether closure is permitted under a given exemption, the governmental body should hold the meeting in open session. See 74 Op. Att’y Gen. 70, 73 (1985).
Was this closed session necessary to protect the public interest?
I cannot say that a closed session was required to protect public interest and I did not feel any of the subject matter discussed should be withheld
from the public. Further, as I stated earlier, based on precedent, and what information was available prior to the meeting, I did not believe that what was listed on the agenda rose to the level of needing to be discussed in closed session.
After the closed session ended, I still did not feel that what was discussed in the closed session rose to the level of protecting public interests by needing to be discussed in closed session.
That said, a majority of the Village Board voted to conduct the discussions in closed session, and it can be supposed that those who voted in favor of closed session felt differently than I did about protecting public interest, even after closed session had ended.
5.) Please feel free to add anything else.
With respect to moving into closed session, I stand by my decision to vote to not move into closed session.
Matthew J. Schroeder
Trustee -
Village
of Arena m.schroeder@villageofarena.net
On 2024.10.26. 00:43 CDT Valley Sentinel <editor@valleysentinelnews.com> wrote:
Hi Matthew and BeccaRaven,
We wanted to ask a few questions quick about the special meeting Oct. 16. We are not asking that any content of the meeting itself be divulged, but rather if the discussion in closed session remained within the scope of the notice. Under Wis. Stat. § 19.85(1). the governmental body must limit its discussion in closed session to the business specified in the announcement. We're reaching out to you two as you voted against the potentially illegal closed session and absolved yourselves of personal liability. Please feel free to answer any or all questions as long or as short as you'd like.
1.) Did the scope of the closed session discussion extend beyond the noticed (but likely insufficient) topic: "specifically to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal"?
2.) Did the scope of the closed session discussion extend beyond Melissa Bandell's stated topic in of: "To discuss our strategy moving forward" (presumably
the Village's negotiating strategy regarding the above topic)?:
3.) The AG advises: Enough specificity is needed in describing the subject matter of the contemplated closed meeting to enable the members of the governmental body to intelligently vote on the motion to close the meeting. Heule Correspondence (June 29, 1977); see also Buswell, 2007 WI 71, ¶ 37 n.7. Prior to Melissa's statement, was it clear to you what the purpose of the board going into closed session was for? Did you have sufficient notice that the closed session was specifically to discuss negotiating strategy?
4.) The AG advises: The policy of the open meetings law dictates that the exemptions be invoked sparingly and only where necessary to protect the public interest. If there is any doubt as to whether closure is permitted under a given exemption, the governmental body should hold the meeting in open session. See 74 Op. Att’y Gen. 70, 73 (1985). Was this closed session necessary to protect the public interest?
5.) Please feel free to add anything else.
Best,
Taylor Scott, Managing Editor
Valley Sentinel
Spring Green, Wisconsin
608-588-6694
editor@valleysentinelnews.com www.valleysentinelnews.com
Wisconsin Newspaper Association, Best in Division E (2022)
VILLAGE OF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133
NOTICE OF THE VILLAGE OF ARENA SPECIAL BOARD MEETING OF THE VILLAGE BOARD IS HEREBY GIVEN to the public and to the news media pursuant to Section 19.84 of the Wisconsin Statutes.
Possible action may be taken on all agenda items except topics presented under public comment.
DATE: WEDNESDAY, OCTOBER 16, 2024
TIME: 6:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order
2. Roll Call
3. Public Comment
4. Convene to closed session pursuant to WI statue section 19.85(e), for the purpose of Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal
5. Return to open session, any action as a result of closed session
6. Adjourn
POSTED AGENDA: Friday, October 11, 2024
POSTED AS LISTED BELOW AND NOTIFIED BY EMAIL TO THE HOME NEWS OF SPRING GREEN Arena Village Hall
www.villageofarena.net
VILLAGE OF ARENA ARENA, WI 53503
OCTOBER 16, 2024
MINUTES
DATE: WEDNESDAY, OCTOBER 16, 2024
TIME: 6:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order at 6:01 p.m. by Village President, Kate Reimann
2. Roll Call: Kate Reimann, Kathy Stoltz, Kristen Shea, Becca Raven Uminowicz, Matthew Schroeder, Melissa Bandell, Brittany Carney
3. Public Comment: Paul Pustina – Asked the board to consider staying with the Town and accept the agreement, ‘damage undone’, its best for Arena.
Taylor Scott – provided a handout
4. Motion Bandell/Stoltz to Convene to closed session pursuant to WI statue section 19.85(e), for the purpose of Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss the continuation of the Fire Protection and EMS Service Agreement with the Town of Arena and District 1 EMS proposal. Roll call vote: Stoltz-I; Shea-I; Uminowicz-opposed; Schroeder -opposed; Bandell –I; Carney -I; Reimann – I. Motion carried 5-2 at 6:06 p.m. Schroeder had asked for the context/reason for the closed session given other contracts/agreements have been in open session – negotiating/strategy.
5. Motion Shea/Stoltz to Return to open session. Motion carried unanimously via roll call vote at 7:39 p.m. Any action as a result of closed session
6. Motion Stoltz/Carney to Adjourn. Motion carried at 7:39 p.m.
VILLAGEOF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133
NOTICEOF THEVILLAGE OF ARENA SPECIAL BOARD MEETINGOFTHE VILLAGE BOARDIS HEREBY GIVEN to the public and tothe news media pursuant to Section 19.84 of the Wisconsin Statutes.
Possible action may betaken on all agendaitems except topics presented under public comment.
DATE: THURSDAY, NOVEMBER 21, 2024
TIME: 6:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARDMEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order
2. Roll Call
3. Public Comment
4. Convene to closed session pursuant tosection 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require aclosed session, specifically to discuss possible terms of contract with Dane County District One EMS for the providing of future EMS Services, and todiscuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services.
5. Adjourn from closed session
POSTEDAGENDA: Thursday, November 14, 2024
POSTED AS LISTED BELOW AND NOTIFIED BY EMAILTO THE HOME NEWS OF SPRING GREEN Arena Village Hall www.villageofarena.net
VILLAGE OF ARENA
Arena, WI 53503
November 21, 2024
MINUTES
DATE: THURSDAY, NOVEMBER 21, 2024
TIME: 6:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order at 6 p.m. by Village President, Kate Reimann
2. Roll Call: Kate Reimann, Kathy Stoltz, Kristen Shea, Melissa Bandell, Matthew Schroeder, Brittany Carney, Becca Raven Uminowicz – arrived at 6:01 p.m.
Others: Paul Johnson, Village Attorney
3. Public Comment:
Kathy Jennings – Thanked Matthew and Becca Raven for representing the residents in keeping the Fire/EMS. Didn’t want the Police Department to leave and doesn’t want to lose the Fire/EMS. Why is it such a big deal this year? Board isn’t being transparent with the agreement, lack of information to the public, is frustrated. District One wants the Village to work with the Town of Arena.
Paul Pustina – Thanked Matthew and Becca Raven; “Rest of you, grow up.”
4. Motion Stoltz/Bandell to Convene to closed session pursuant to section 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss possible terms of contract with Dane County District One EMS for the providing of future EMS Services, and to discuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services. Roll call vote: Stoltz -I; Bandell-I; Shea-I; Schroeder –opposed; Uminowicz – opposed; Carney – I; Reimann - I. Motion carried 5-2 at 6:03 p.m.
5. Motion Stoltz/Shea to Adjourn from closed session. Motion carried at 7:15 p.m.
6. Motion Shea/Stoltz to Adjourn. Motion carried at 7:16 p.m.
VILLAGE OF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133
NOTICE OF THE VILLAGE OF ARENA SPECIAL BOARD MEETING OF THE VILLAGE BOARD IS HEREBY GIVEN to the public and to the news media pursuant to Section 19.84 of the Wisconsin Statutes.
Possible action may be taken on all agenda items except topics presented under public comment.
DATE: THURSDAY, DECEMBER 12, 2024
TIME: 5:30 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order
2. Roll Call
3. Public Comment
4. Convene to closed session pursuant to section 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services.
5. Reconvene to open session.
6. Consider and possible action concerning Intergovernmental Agreement for Fire and EMS Services with the Town of Arena.
7. Consider and possible action to approve extending the current Intergovernmental Agreement for Fire and EMS Services with the Town of Arena to a date certain in the future.
8. Adjournment
POSTED AGENDA: Monday, December 9, 2024
POSTED AS LISTED BELOW AND NOTIFIED BY EMAIL TO THE HOME NEWS OF SPRING GREEN
Arena Village Hall
www.villageofarena.net
VILLAGE OF ARENA
Arena, WI 53503
December 12, 2024
MINUTES
DATE: THURSDAY, DECEMBER 12, 2024
TIME: 5:30 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order at 5:30 p.m. by Village President, Kate Reimann.
2. Roll Call: Kathy Stoltz, Melissa Bandell, Kristen Shea, , Becca Raven Uminowicz, Brittany Carney, Kate Reimann
Absent: Matthew Schroeder
Others: Village Attorney, Paul Johnson
3. Public Comment: Bill Hanson – Not sure of the outcome, hopeful it will be positive. This started back in April and here we are. Why has it taken eight months, not sure. Recommend relooking at the July meeting, available on YouTube. Let’s get it settled and move forward.
4. Motion Stoltz/Bandell to Convene to closed session pursuant to section 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services. Roll call vote: Stoltz, Bandell, Shea, Uminowicz, Carney, Reimann. Motion carried 6-0 at 5:32 p.m.
5. Motion Stoltz/Shea Reconvene to open session. Motion carried at 7:19 p.m.
6. Consider and possible action concerning Intergovernmental Agreement for Fire and EMS Services with the Town of Arena.
Motion Bandell/Stoltz to continue negotiations with the Town of Arena and direct the Village of Attorney to submit the few remainder changes of the agreement being negotiated to the Town of Arena Attorney. Motion carried.
7. Motion Bandell/Stoltz to approve extending the current Intergovernmental Agreement for Fire and EMS Services with the Town of Arena to February 5, 2024. Motion carried. Subject to approval of the Town of Arena.
8. Motion Stoltz/Bandell to Adjourn. Motion carried at 7:21 p.m.
VILLAGE OF ARENA Incorporated Since 1923 Arena, WI 53503 (608)753-2133
NOTICE OF THE VILLAGE OF ARENA SPECIAL BOARD MEETING OF THE VILLAGE BOARD IS HEREBY GIVEN to the public and to the news media pursuant to Section 19.84 of the Wisconsin Statutes.
Possible action may be taken on all agenda items except topics presented under public comment.
DATE: TUESDAY, JANUARY 28, 2025
TIME: 5:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order
2. Roll Call
3. Public Comment
4. Convene to closed session pursuant to section 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services.
5. Reconvene to open session.
6. Consider and possible action concerning Intergovernmental Agreement for Fire and EMS Services with the Town of Arena.
7. Consider and possible action to approve extending the current Intergovernmental Agreement for Fire and EMS Services with the Town of Arena to a date certain in the future.
8. Adjournment
POSTED AGENDA: Wednesday, January 22, 2025
POSTED AS LISTED BELOW AND NOTIFIED BY EMAIL TO THE HOME NEWS OF SPRING GREEN
Arena Village Hall
www.villageofarena.net
VILLAGE OF ARENA
Arena, WI 53503
JANUARY 28, 2025
MINUTES
DATE: TUESDAY, JANUARY 28, 2025
TIME: 5:00 PM
PLACE: Village Hall, 345 West Street, Arena, Wisconsin
PURPOSE: SPECIAL BOARD MEETING called by Village President Kate Reimann WITH THE FOLLOWING AGENDA:
1. Call to Order at 5:00 p.m. by Village President, Kate Reimann.
2. Roll Call: Kathy Stoltz, Melissa Bandell, Kristen Shea, Becca Raven Uminowicz, Brittany Carney, Kate Reimann
Absent: Matthew Schroeder
Others: Village Attorney, Paul Johnson
3. Public Comment: None
4. Motion Stoltz/Bandell to Convene to closed session pursuant to section 19.85(1)(e), stats, Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss possible terms of Intergovernmental Agreement with the Town of Arena for the providing of future Fire and EMS Services. Roll call vote: Stoltz, Bandell, Shea, Uminowicz, Carney, Reimann. Motion carried 6-0 at 5:01 p.m.
5. Motion Stoltz/Uminowicz Reconvene to open session. Motion carried at 6:10 p.m.
6. Consider and possible action concerning Intergovernmental Agreement for Fire and EMS Services with the Town of Arena. No Action
7. Motion Bandell/Stoltz to approve extending the current Intergovernmental Agreement for Fire and EMS Services with the Town of Arena to February 7, 2025. Motion carried. Subject to approval of the Town of Arena. Awaiting a response from the Town of Arena on one issue for which they meet on Monday evening.
8. Motion Stoltz/Shea to Adjourn. Motion carried at 6:11 p.m.
Melissa Bandell
Kristen Shea
Valley Sentinel Spring Green, Wisconsin
608-588-6694
editor@valleysentinelnews.com www.valleysentinelnews.com
Newspaper Association, Best in Division E (2022)
Wisconsin
Incorporated Since 1923 Arena, WI 53503 (608)753-2133
DATE: THURSDAY, MARCH 20, 2025
TIME: 7:00 PM
PLACE: Grandma Mary’s Cafe, 175 Hwy 14, Arena, Wisconsin
PURPOSE: A gathering of more than two Board members may occur by physical presence for a candidate forum. This is not a meeting of a governmental body. No formal action of a governmental body will be taken by a governmental body, and no formal meeting will occur on this date and time.
POSTED AGENDA: Wednesday, March 19, 2025
POSTED AS LISTED BELOW AND NOTIFIED BY EMAIL TO THE HOME NEWS OF SPRING GREEN
Arena Village Hall www.villageofarena.net
