Mr. John Foust
N3942 County Rd. G
Fort Atkinson, WI 53538

RE: Verified Open Meetings Law Complaint. received in the District Attorney's Office October 4, 1999.

Dear Mr. Foust

I am writing to inform you that I refuse to commence an action to enforce the violation alleged in your complaint. On Thursday, October 21, 1999 I met with the subjects of your complaint, as well as city attorney E. Scott Scheibel. After speaking with them I am of the opinion that if there was a violation of the open meeting law when the CIA went into closed session on September 2, 1999, any such violation will have been contrary to the letter, but not the spirit of the law; and furthermore under the facts and circumstances (even assuming a violation) a prosecution would not be warranted. Thank you for your patience in awaiting my decision. This matter is considered closed.

Respectfully,

David J. Wambach
District Attorney