Jim van Lieshout
Commerce and Industry Association

Dear Jim,

Thank you again for allowing me to speak before the Commerce and Industry Association Board at its meeting on September 2.

However, I am greatly disappointed that my statement fell on deaf ears. It deeply saddens me that I must proceed in this direction because of the lack of response to my words. I cannot understand why no one on the Board was concerned with complying with State law. At a time when my motives are questioned at every turn, now is my moment to question the motives of the CIA Board.

I will be filing at least one verified open meetings complaint with the Jefferson County District Attorney. I'd like to give you a chance to give me a written explanation of why you believed the Commerce and Industry Association met the conditions of the statute.

As I showed you in my letter yesterday morning and in my statement to the Board yesterday afternoon, the agenda claimed the CIA would go into closed session under Wis. Stat. sec. 19.85(1)(g), which 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."

There was no attorney present in the room yesterday, so I assume you could claim you were discussing "written advice" from counsel. You had told me in our conversation at noon yesterday that you had instructed Executive Director David Olsen to secure counsel for purposes of discussing my open records request and to meet the requirements of the statute. I do not know if this took place. If so, I would like your written confirmation of whether it did.

I have reason to suspect the statute wasn't met. After the meeting, I asked Mayor Arnold Brawders and City Administrator David Schronack if they believed the Board had met the criteria of the statute. I asked if CIA had secured counsel. They said "no." I asked if you had discussed any written advice from the CIA's counsel, and again the answer was "no."

Also, I'd like to confirm whether any Board member dissented against the move into closed session. If anyone did, I will omit them from my complaint. As you may know, open meetings violations are civil forfeitures carried out against each Board member, and may include fines of $25 to $300 per incident. These fines must be paid by each official, who may not be reimbursed by the CIA.

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

Sincerely,

 John Foust

235 South Main Street