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Board adjourns to closed session to consult legal counsel on litigation strategy under Wisconsin statute

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Summary

The board voted to adjourn into a closed session under Wisconsin Statute 19.85(1)(g) to consult with legal counsel about pending or likely litigation and indicated it would not reconvene in open session.

At the close of its Sept. 22 meeting the Elkhorn Area School District board voted to adjourn into closed session to consult with legal counsel about litigation strategy under Wisconsin Statute 19.85(1)(g). The motion, made during open session, stated the board would discuss strategy with counsel who is rendering oral or written advice concerning litigation in which the district is or likely will become involved and that the board would not reconvene in open session after the closed meeting. A motion to adjourn to closed session was moved, seconded and carried by roll call. The transcript records individual roll‑call “Yes” votes from board members (examples provided in the public record): Miss Troutman, Eric Gordon, and others. The meeting concluded with the roll call and the board moving into the closed session; no substantive litigation strategy details were discussed in open session and none were reported back into the public record during the meeting. The board cited Wisconsin State Statute 19.85(1)(g) as the legal basis for the closed session. The board’s public‑session action was limited to the motion, the roll call and the announcement that the closed session would occur.