UW-Extension Governance Groups Meeting Management

1. UW-Extension Governance Groups Meeting Management Philip Freeburg Mary Detra Dan Hill November 15, 2013 via WisLine Teleconference

2. Intent of Open Meetings Law TheOpen Meetings Lawis meant to ensure: • Advance public notice of meetings, • meetings are open and accessible to the public, and • closed sessions are limited.

3. Bodies subject to the law • local governing bodies of general and special purpose units of government, • their committees, commissions and boards, • special study and advisory committees (including citizen members), and • corporations created by a governing body, its committees, other sub-units or officials.

4. Meeting defined Meeting =a gathering of members of a governmental body for the purpose of exercising its responsibilities. A meeting occurs when botha purpose test and a numbers test are met.

5. The Two Tests Numbers test = enough members of a body are present to determine the outcome of an action Purpose test = discussion, information gathering or decision-making on a matter within the jurisdiction of the body.

6. Numbers Test • By statute, if one-half of the members of a body are present, there is a presumption that a meeting has occurred, unless the purpose test is not met. • A lesser number of members may meet the numbers test if they can affect the outcome.

7. Quiz Question • Are these Academic Staff Council members in violation of the open meetings law?

8. No. They are in a restaurant, not in a government building where meetings are scheduled. • No. They are having too much fun to be discussing Council business. • Maybe. It depends on how large their committee is. • Maybe. It depends on what they are talking about. • C and D above.

9. Special Cases Walking Quorum--A series of phone calls, e-mails or conversations to “line up votes” or conduct other business, known as a walking quorum, violatesthe law. Phone conferences may constitute a meeting if the numbers and purpose tests are met.

10. Public Notice Requirement • Every meeting shall be preceded by public notice. • Separate notice for each meeting.

11. Public Notice: What? • Time • Date • Place • Subject Matter

12. Public Notice: What?Subject Matter • Apprise public of what will be deliberated. • Generally, only noticed agenda items may be discussed. • Specific.

13. Which of these is an appropriate agenda item? • Other business. • New business. • Other business as allowed by law. • Creation of a committee to investigate performance review procedures. • Unfinished business.

14. Public Notice: When? • At least 24 hours prior (2 hours prior for good cause).

15. Public Notice: To Whom? • Post in designated location on first floor of Extension Building. • Must provide notice to any media requesting it.

16. Public Notice: By Whom? • Chief presiding officer. • Or designee. • Ultimate responsibility rests with the chief presiding officer. NOT

17. Permitted closed sessions Closed sessions are limited to those authorized by statute. • Deliberations concerning a judicial or quasi –judicial “case” • Certain personnel matters including employee discipline and licensing • Considering the granting or denial of tenure • Ethics advice

18. Closed session procedures • On the public notice. • Convene in open session. • Announce authority and purpose of proposed closed session. • Close session by a majority vote.

19. Closed session procedures • Objecting supervisors, personnel essential to closed discussion and members of parent body may remain. • Limit discussion to announced items. • Do not reconvene in open session unless there has been prior public notice.

20. Who may not be excluded from a closed session of a committee? • The employee being evaluated. • Committee members who voted against going into the closed session. • The Secretary of the Faculty and Academic Staff. • A reporter from the campus newspaper.

21. Votes and Ballots • Vote in open session unless the vote would compromise the need for the closed session. • Motions and roll call votes must be recorded, preserved and open to public inspection. Meeting minutesshould document: • proper notice, • reasons for closed sessions, and • related motions, votes and procedural requirements.

22. Votes and Ballots • No secret ballots, except election of officers. • Any member may request that a vote be taken so that the vote of each member is ascertained and recorded.

23. Open Meetings Law Violations A court may void a decision made at an illegal meeting if the public interest in enforcement of the Open Meetings Law outweighs public interests in sustaining the decision.

24. Penalties Any member • $25-$300 non-reimbursable forfeiture. • Attorney’s fees may or may not be reimbursable. • Loss of public trust. • Personal embarrassment.

25. Agenda

26. Purpose of the Agenda • Sets the expectations for the members of the governmental body and the public. • Items of business that will be addressed. • The order in which they will be considered.

27. Who Sets the Agenda? • Presiding officer, or designee, is responsible for developing the agenda and noticing the meeting. • Committees have varying procedures regarding how agenda are developed. • Advisable to have written procedures.

28. Who Sets the Agenda?(Alternatives for Committees) • Left to discretion of each committee chair. • Chair and “secretary” develop agenda jointly. • Topics generated at end of each meeting.

29. Accessing the Agenda • No matter what approach is taken… • Individual members should know procedures for contributing items to the agenda of an upcoming meeting. • Members can order that items be placed on the agenda of a specific future meeting.

30. Common Elements and Sequence • Call to order • Roll call (establish a quorum) • Certification of compliance with the Open Meetings Law • Approval of the agenda • Reading and approval of minutes • Reports of officers and standing committees • Reports of special (select or ad hoc) committees • Unfinished business (avoid this heading) and general orders • New business • Topics for upcoming meetings and set next meeting date • Adjourn • Note: Italicized items are not specified in RONR

31. Elements and Sequence (continued) • Call to order • Roll call • In small boards and committees a roll call is not necessary, simple statement that a quorum is present. • Certify that the meeting was properly noticed (Do not vote on this item.)

32. Elements and Sequence (continued) • Approve Legally Noticed Changes in the Agenda • Simply means we agree to take up the items and address them in the order presented. • Not an opportunity to review the items and add new ones. • Approve Minutes of the Previous Meeting • If sent in advance should take no more than a minute.

33. Elements and Sequence (continued) • Unfinished business • Not necessarily listed on agenda this way. • Subject matter brought up at a previous meeting, but needs further discussion or action. • Items tabled, postponed, referred to a committee • Items that will rescind or renew an action previously decided. • These all need to be specified on the agenda.

34. Elements and Sequence (continued) • New business • Should not be listed on the agenda in this way. • Do not use other “catch-all” phrases such as “Other business,” “Any other business that may properly come before the committee,” or “Any other business as allowed by law.” • Not an opportunity to address items not on the agenda. Simply a category that includes subject matter that the body has not taken up at a previous meeting.

35. Elements and Sequence (continued) • Set next meeting date • Opportunity to decide/recommend what items should be on the agenda for the next meeting. • Adjourn

36. Elements and Sequence Additional Thoughts • Not required to follow the sequence in RONR. • Logic often dictates which items should come first. • May want to list in order of importance. • Reports • Another area with potential for violating the OML—list subject matter of the report on the agenda.

37. Other Information to Include • Committee • Meeting date • Time • Place • Reason for meeting (regular/special)

38. Next Steps… • Email the meeting notice to Mary Detra or Judy Ballweg by noon on Thursday before the meeting date. • If changes are made to the notice after it is sent. • Send to Mary and Judy the complete “revised” notice. Include annotation on the revised agenda.

39. The Sources of Procedural Rules • State statutes • Local rules • Robert’s Rules of Order

40. Get in Motion 1. Obtain Floor 2. Make Motion 3.Motion Seconded 4.Chair Restates 5.Members Debate 8.Result Announced 7.Members Vote 6.Put to Vote

41. 1. Obtain Floor • Typically, raising hand. • Called upon by presiding officer.

42. 2. Make Motion • Proposal to take action. • “I move that…” • Clearly stated. • Don’t make negative motions. • Make positive motions. • “ So Moved ”

43. 3. Motion Seconded • By another member. • Worthy of debate. • Needed to advance.

44. 3. Motion Seconded • By another member. • Worthy of debate. • Needed to advance. • Ad hoc second. • Not needed if committee recommendation.

45. 4. Chair Restates • Clarifies. • “It has been moved and seconded that…” • Transfers ownership of the motion to the body.

46. 5. Members Debate • Fine tune the motion. • May occur prior to a motion.

47. Side Trip on Debate • Debate • Discuss • Problem Solve • Focus on THIS topic—not last week’s vote. • Address comments to presiding officer. • Listen to understand.

48. You are presiding. After lengthy debate a member says, “I call the question.” What should you do? • Stare with amazement at the member who knows so much about parliamentary procedure. • Stop debate and take a vote. • Make sure the board is ready to vote. • Hand the gavel to the secretary. • Raise your eyebrows and ask, “What should I call the question?”

49. 6. Put to Vote • “I call the question.” • Ending debate. • Chair prompts. • “Any further discussion?” • “Are you ready to vote?” • “Any new points, before we vote?” • Presiding officer may not end debate on his/her own. • Presiding officer restates the question and effect of a “yes” or “no” vote.

50. 7. Members Vote • Votes can be taken in a variety of ways. • Ask for votes on both sides.