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Ashwaubenon committee narrows agendas, removes standing staff reports and general public comment
Summary
The Bicycle & Pedestrian Committee agreed to remove generic staff reports and a standing public-comment block from future agendas after an attorney warned that broad, undocumented reports and unscheduled public comment can violate Wisconsin open-meetings requirements and expose the village to legal risk.
The Village of Ashwaubenon Bicycle & Pedestrian Committee voted to approve its revised agenda format after discussion about legal risk and public notice requirements. An unidentified committee member moved to adopt the agenda and the motion carried with an affirmative voice vote.
An attorney advising the committee said state open-meetings law requires agendas to specify the topics that will be discussed so members of the public have adequate notice. "Part of the open meetings laws within 24 hours of a meeting ... you have to post the agenda ... and the contents of discussion that will occur at that meeting," the attorney said, arguing that vague oral staff reports can put the committee at risk of discussing items that were not properly noticed.
To reduce that risk, the attorney and staff recommended limiting or removing non-specific staff reports and the standing public-comment block from future agendas. The chair announced that "we will no longer have staff reports on there, and we will no longer have public comment on our agendas," and advised residents to contact trustees or staff to request that specific topics be noticed on a future agenda.
Some members pushed back. One committee member said removing the public-comment period was "a little upsetting," noting that constituents have used that time to raise safety concerns such as dangerous driving near a high school. Committee members and staff discussed alternatives, including written staff reports that list specific, germane topics in advance and the option to place constituent issues on future noticed agenda items so the public has an opportunity to participate lawfully.
The committee agreed to ask staff to prepare specific agenda items when updates are needed and to reserve broader discussions for noticed agenda items. The formal motion to approve the meeting agenda was moved by Jessica Atkinson and seconded by Kyle Jago; the minutes from the July 8 meeting were later approved on a separate motion.
