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The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

Independent Student Newspaper Since 1969

The Badger Herald

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Council critiqued for texts, emails

City Council members have come under fire for text messages and emails sent during meetings that could potentially violate a state statute on open meetings.

According to Ald. Mike Verveer, District 4, the Wisconsin State Journal pursued an open records request for emails and text messages between City Council members for the past year after an incident involving personal emails sent during council meetings between Ald. Brian Solomon, District 10, and an employee in the City Clerk’s office more than a year ago. 

Robert Dreps, attorney with Godfrey & Kahn, said there has not currently been a violation of the open meetings law by City Council members, but there is a question of both law and protocol with the messages being sent between members during meetings.

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“This is a question of dispute of the law and whether the law is keeping up to date with changing technology and for a practical matter of appearances,” Dreps said. “The public may consider it rude if the council members were constantly whispering to each other, but instead they’re tapping on their personal devices.”

City Attorney Michael May said the law requires, with specified exceptions, that governmental bodies conduct their meetings in places that are open to the public.

May said the numerous ways in which officials are able to communicate today over a variety of electronic media were not taken into account when the law was written, and people may feel unclear about the specific implementation of the law.

“Because there are emails, chat rooms, Facebook … this is instantaneous communication,” May said. “If you use them and you get the quorum of a governmental body, that would violate [the open meetings law].”

Ald. Lisa Subeck, District 1, said she occasionally sends emails or text messages during City Council meetings, but her use is limited when compared to some of her colleagues.

She said she tends to use electronic media to communicate when, for example, she wants her co-sponsors to be prepared for any change she may make to resolutions under discussion.

“The reality is, a walking quorum can happen whether or not emails, texts or even phone calls are being made,” Subeck said. “I think the risk [of a walking quorum] is probably higher outside a meeting.”

She said texts and emails between council members are subject to the open records law, so the information can be obtained, unlike in a conversation between two alders who have stepped outside the conference room to talk.

May said he had previously conferred with state legislators about potentially tightening or changing the rules of the open meetings law to be more relevant to the times and technology, though the suggestion was met with a weak response.

“The main thing is, it’s a legal and a policy question as to how you keep up with changing technology,” May said.

Subeck said nothing has been brought to light from council members’ electronic interactions that violates the open meetings or open records laws.

However, she said it is important for all members to remain conscientious of how texts and email are used and that their interactions are included in the open records law.

“Certainly in this day and age with texts and email, it is the way we communicate in this generation,” Subeck said. “It would be impractical for us not to have access to it.”

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