September 2, 1999

Attorney Scott Scheibel

City of Jefferson

Dear Attorney Scheibel,

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".

As you may know, the CIA recently confirmed that it was subject to open meetings and open records. From the yet-unapproved minutes of the CIA's special meeting on August 3, item 4 reads "Discussed the open meetings/open records requirements and how they pertain to the Commerce and Industry Association and the Jefferson Development Corporation. The district attorney is conducting an analysis regarding the JDC and the CIA relating to open meetings. The JDC is awaiting the district attorney's response. The CIA is subject to open meetings and open records." This was done without a vote.
I've been unable to secure the audio tape of this meeting, as described in the enclosed letters.

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 the attorney for the City of Jefferson, are you now considered the counsel for the CIA? Are you the "counsel" implied in this exemption? If not, who is?

As far as I know, the CIA has not yet secured the services of legal counsel. Is the CIA involved in litigation? If it is likely to be involved in litigation, would you need to be involved?

If the CIA is not involved with 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.

If you would like to discuss any of this with me, please feel free to call me at 674-5200.

Sincerely,

 John Foust