John Foust
235 S. Main Street
Jefferson, Wl 53549

Dear Mr. Foust:

You previously requested an opinion from me on whether the Jefferson Development Corporation and Commerce & Industry Association were subject to Wisconsin's Open Meeting Law 19.82, Stats. In the interim period I have been informed by you and by David Olsen that the Board of Directors for the Commerce & Industry Association (CIA) has, on its own, determined that it is subject to the open meetings requirements. Therefore, that issue is now a moot point.

It is my opinion that the Jefferson Development Corporation (JDC) is subject to the open meetings requirements of ~19.82, Stats. I find the JDC constitutes a quasi-governmental corporation within the meaning of ~19.82(1), Stats. My opinion is based on a number of factors; of which I intend to list the primary factors, but that list is illustrative and not exhaustive of all of the factors considered. They are:

1 ) The JDC receives significant funds from the City of Jefferson; including the salary of the JDC director which is paid by the CIA-an organization that also receives significant city funding;

2) Positions on the Board of Directors are reserved for City of Jefferson officials appointed by the mayor of the City of Jefferson with the approval of the City of Jefferson Common Council.

3) The declaration of deed restrictions for the City of Jefferson North Industrial Park state that the City of Jefferson has designated the JDC for the purpose of the review and approval of any improvement or structure of any kind, the construction, erection, performance or placement of which is proposed upon any site within the park, etc. Furthermore, that all plans and specifications shall be submitted to and approved by the JDC (in accordance with section four) prior to any construction or placement of any improvement or structure. Section four details application plans and approvals, including the right for the JDC to waive or vary the deed restrictions under certain circumstances set forth at section 4.04. The guidelines for aesthetic evaluation of site and building projects states that: "The intent or purpose of this section is to provide principles or standards for use by municipal officials in the preparation and review of site and building plans proposed within the development..." Therefore, the JDC has significant powers in controlling who is allowed to develop in the North Industrial Park and how that development will occur. The city has delegated its authority to the JDC to make those decisions. The only way for a decision of the JDC to be overturned (as it relates to development in the North Industrial Park) is to make a written request to the City Council for a review. I find no corresponding right for the Jefferson City Council to veto any approval given to development in the North Industrial Park by the JDC.

Consequently, I conclude that the Jefferson Development Corporation closely resembles a governmental corporation in its function, effect and status and as such is a quasigovernmental corporation under 19.82(1 ) and subject to the open meeting law of Wisconsin.

I note that City Attorney E. Scott Scheibel has also analyzed this issue and reached the same conclusion as I (and that he discussed the applicability of the open meeting law to the JDC with an assistant attorney general who also concluded that the JDC is a quasi-governmental corporation requiring compliance with Wisconsin open meeting laws.)

Sincerely,

David J. Wambach

District Attorney

DJW/rlr

pc: E. Scott Scheibel, City Attorney