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Door County attorney tells supervisors: don’t discuss items off the agenda and use county email for public records
Summary
Corporation counsel Sean Donnie briefed supervisors on agendas, quorum rules, motions under Robert’s Rules, open‑meetings law, public‑records obligations, and conflict‑of‑interest rules, advising use of county email and cautioning against 'walking quorums'.
Corporation counsel Sean Donnie opened his legal orientation by reminding supervisors of two ground rules: only items on a posted agenda may be discussed at a meeting, and official county business conducted on county email or devices is public record.
"If a subject matter is not on an agenda, it cannot be discussed at a meeting," Donnie told the board, stressing that supervisors who want an issue considered should work with the committee chair to get it onto a future agenda or make a motion under the "new business" slot to place it on the next agenda.
Donnie reviewed quorum requirements (the 21‑member board requires 11 members present to act), the mechanics of motions and seconding at the board level, and common subsidiary motions (postpone, amend, refer to committee). He also explained the difference between a resolution (policy or position) and an ordinance (a local law enforceable by citation) and clarified the separation of roles: the county board sets policy while the county administrator and staff carry out implementation.
On public records and open meetings, Donnie warned supervisors against serial one‑on‑one contacts or widespread "reply all" email chains that could create a de‑facto majority outside of a public meeting — a so‑called "walking quorum." He recommended using county email and servers for county business so records can be retrieved in response to public‑records requests and to avoid personal‑device complications.
Donnie also outlined conflict‑of‑interest rules and criminal penalties for certain violations, advising supervisors to consult the corporation counsel’s office if they identify potential conflicts. "If you find yourself in a situation say, 'I don't know. I might be conflicted here. It's going to look bad.' Give me a call," he said, offering a safe‑harbor review for members who seek advice.
Multiple supervisors asked procedural questions about how to introduce items to agendas and about statutory notice requirements (class one notices) tied to certain committee actions; counsel explained when statutory publication is required.
Ending: Counsel offered to follow up with written guidance and to be available for individual questions; supervisors received orientation materials and were told auditors and HR resources will follow up on financial/audit and personnel items.
