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Public Service Commission holds closed session under Wisconsin statute to discuss potential litigation; reconvenes and issues direction to delegated commission
Summary
The commission moved into closed session under Wis. Stat. § 19.85(1)(g) to discuss a potential litigation matter listed as agenda item 10 and reconvened to report it provided direction to the delegated commissioner; the closed-session discussion was not disclosed in the public record
At the Feb. 27, 2025 meeting the Public Service Commission voted to enter a closed session under Wisconsin Statute section 19.85(1)(g) to discuss a potential litigation matter identified as agenda item 10.
The motion to go into closed session was made, seconded and approved by voice vote. The public transcript records that after the closed-session discussion the commission reconvened the open meeting and "provided direction to the delegated commissioner regarding that issue." The specific content of the closed-session discussion was not disclosed in the public transcript, consistent with the statutory basis for closing the meeting.
The commission's public remarks when reconvening did not specify further details about the litigation matter; the transcript records only that direction was given to the delegated commissioner in closed session and that follow-up would proceed under that direction.
Under Wis. Stat. § 19.85(1)(g), governmental bodies in Wisconsin may close portions of meetings to confer with legal counsel about pending or probable litigation when open discussion would likely prejudice the government's position. The commission cited that statutory authority on the public record when making the motion.
The commission then adjourned the open meeting after announcing additional business and setting a next meeting date.
