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Board moves into closed session to consult legal counsel on litigation strategy
Summary
The board voted to convene a closed session under state statute to consult with legal counsel about litigation strategy; a roll call was taken and the board entered closed session and planned to reconvene in open session later to act if appropriate.
A board member (speaker 2) moved that the board convene in closed session to consult with legal counsel concerning strategy related to litigation. In offering the motion, the speaker cited a state open meetings exemption.
The motion was read aloud as follows: "I move that the board will convene in closed session pursuant to Wisconsin statute 19.851 g to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved." A roll-call procedure followed and the chair stated, "We are now in closed session. We will reconvene in open session and take action if appropriate." The transcript shows the board completed the roll call and entered closed session; no further open-session action was recorded in the provided transcript.
The board cited a statutory exemption for closed sessions to consult legal counsel. The meeting transcript rendered the statute number in the motion as "19.851 g;" the governing provision commonly cited for this purpose is Wisconsin Statute 19.85(1)(g), which allows a governmental body to confer with legal counsel regarding litigation strategy. The meeting did not include additional details about the subject of litigation because the matter moved into closed session.
