VERIFIED OPEN MEETINGS LAW COMPLAINT

Now comes the complainant, John J. Foust, and as and for a verified complaint pursuant to secs. 19.96 and 19.97, Wis. Stats., alleges and complains as follows:

1. That he is a resident of the Town of Jefferson, Jefferson County, of Wisconsin, and that his Post Office Address is N3942 County Road G, Fort Atkinson, Wisconsin, 53538.

2. That James van Lieshout, whose Post Office Address is 229 Meadow Court, Jefferson, Wisconsin, 53549, was on the 2nd day of September 1999, President and chief presiding officer of the Commerce and Industry Association (CIA) and that such Board is a governmental body within the meaning of sec. 19.82(1), Wis. Stats.

3. That the following CIA Board and staff members:

James van Lieshout, President, Chamber of Commerce

Gaylin Morgan, President of Jefferson Development Corp.

Steve Lewis, Vice-President of Jefferson Development Corp.

David Schornack, Jefferson City Administrator

Arnold Brawders, Mayor of Jefferson

Margaret Beyer, Jefferson Common Council

David Olsen, CIA Executive Director and CIA Treasurer

Did on the 2nd day of September 1999, at Jefferson County of Wisconsin, knowingly attended a meeting of said governmental body held in violation of secs. 19.96 Wis. Stats., or otherwise violated those sections in that:

The majority of the meeting was spent in closed session. The agenda for the meeting claims an open meetings law exemption as allowed by Wis. Stat. sec. 19.85(1)(g).

However, the Commerce and Industry Association did not comply with the requirements of that exemption. The CIA had not secured counsel prior to the posting the agenda, had not secured counsel prior to the meeting, and no counsel was present at the meeting, and no written advice from counsel was available for the Board to discuss.

James van Lieshout was informed in advance in writing of the exact wording and meaning of the exemption allowed in Wis. Stat. sec. 19.85(1)(g), and the Board heard a statement read by John J. Foust explaining the exemption as well.

4. That James van Lieshout and the other Board members are thereby subject to the penalties prescribed in sec. 19.96, Wis. Stats.

However, Margaret Beyer arrived late and did not hear the oral statement of John J. Foust to the Board, and therefore the complainant asks that she should not be subject to any penalty.

5. That the following witnesses can testify to said acts or omissions:

James Schroeder, 539 E. Reinel, Jefferson, 674-5129.

6. That the following documentary evidence of said acts or omissions is available:

1. Agenda of September 2, 1999 Special Meeting of the Commerce and Industry Association.
2. Letter from John J. Foust to James van Lieshout, dated September 2, 1999, as faxed to him that morning, warning of the potential of an illegal exemption from the open meetings law.
3. Letter from John J. Foust to Jefferson City Attorney Scott Scheibel, dated September 2, 1999, as faxed and hand-delivered to him that morning, warning of the potential of an illegal exemption from the open meetings law.
4. Statement read by John J. Foust to the assembled Board during the September 2, 1999 meeting of the Commerce and Industry Association, and a copy of which was given to the Board at that time, warning of the potential for an illegal exemption from the open meetings law.
5. Letter from John J. Foust to James van Lieshout, dated September 3, 1999, as faxed, requesting a written explanation of why the CIA entered closed session.
6. Letter from James van Lieshout to John J. Foust, dated September 17, 1999.

7. That this complaint is made to the District Attorney for Jefferson County under the provisions of sec. 19.97, Wis. Stats., and that the district attorney may bring an action to recover the forfeiture provided in sec. 19.96, Wis. Stats.

WHEREFORE, complainant prays that the District Attorney for Jefferson County, Wisconsin, timely institute an action against James van Lieshout and the aforementioned Board and staff members to recover the forfeiture provided in sec. 19.96, Wis. Stats., together with reasonable costs and disbursements as provided by law.

STATE OF WISCONSIN )

) ss.

COUNTY OF JEFFERSON )

John J. Foust being first duly sworn on oath deposes and says that he is the above-named complainant, that he has read the foregoing complaint and that, based on his or her knowledge, the contents of the complaint are true.

______________________________________

COMPLAINANT

Subscribed and sworn to before me

this 4th day of October, 1999

_______________________

Notary Public, State of Wisconsin