Dear District Attorney Wambach,

I request your urgent attention to a question of open meetings and closed sessions for a meeting to be held later today.

The Commerce and Industry Association has scheduled a special meeting today at 4:30 p.m. On the agenda is item 3, "Adjourn to closed session pursuant to Section 19.85(1)(g) of the Wisconsin State Statutes Related to Litigation". I enclose a copy of the agenda.

I do not understand how this exemption can be claimed in the CIA's present position. The open meeting exemption described in Wis. Stat. sec. 19.85(1)(g) reads: "Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved." (Italics mine.)

As far as I know, the CIA has not yet secured the services of legal counsel for any reason.
If the CIA is not involved with any legal counsel, is not discussing written advice of its counsel, or is not meeting with its counsel, then I don't see how 19.85(1)(g) can be applied. The JDC has a lawyer, of course, but this is not a meeting of the JDC. I have already consulted with City attorney Scott Scheibel, who stated that he does not believe he is the CIA's counsel and was not aware of this scheduled meeting. The president of the CIA is Jim van Lieshout. He can be reached at 674-4500. I hope that you can clarify the law for him.

I enclose my most recent requests for open records of the CIA. I have had no response to my request for the audio tape of the August 3 meeting.

If you would like to discuss any of this with me, please feel free to call me at 674-5200. Also, if possible, I'd like to schedule an appointment with you to discuss any progress on my April request to investigate whether the Jefferson Development Corporation is subject to open records and open meetings.

Sincerely,

 John Foust