City attorney outlines new closed-session process; council votes to meet in closed session under Wis. Stat. 19.85(1)(c)

City attorney staff explained recent legal guidance on closed-session procedure and the Portage City Common Council voted to enter closed session under Wisconsin Statute 19.85(1)(c) to consider employment-related matters.

The city attorney described a recent Court of Appeals decision involving the City of Marinette that altered expectations for how municipalities introduce and handle closed-session items. The attorney said the ruling requires that councils introduce an item and cover nonconfidential portions in open session before making a motion to move to closed session for the confidential portions. The attorney noted that this differs from the long-standing local practice of moving directly into closed session without that introductory public discussion.

The attorney further explained that the agenda language was structured to reflect that guidance and identified Sue McDade of Public Administration Associates as the consultant assisting with the city administrator search; McDade was present at the meeting.

Alderson Bernander moved to go into closed session pursuant to Wisconsin Statute Chapter 19.85(1)(c), “considering employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility.” Alderperson Paul seconded the motion. The council conducted a roll-call vote; the council recorded ayes and the body entered closed session.

The motion and roll-call vote were limited to the statutory grounds stated; no substantive personnel details were discussed in open session beyond the statutory citation and the consultant’s role.

After the roll call the presiding officer stated, “K. We are closed,” and the meeting moved into closed session.