Politics & Government
DA Says No Merit to Patch Open Meetings Law Complaint
Patch's open meetings law complaint filed against the Village of Mount Pleasant last month was found to be without merit by the Racine County District Attorney.
The open meetings law complaint Patch filed last month against the Village of Mount Pleasant has no merit, the District Attorney has determined.
Patch filed the complaint July 23 based on the way the closed session during the July 8 Village Board meeting was noticed. We believe the lack of specifics in the reason for the closed session - "Village Clerk/Treasurer Position" - and not "Village Clerk/Treasurer Interview" warranted the complaint.
Racine County District Attorney Rich Chiapete responded formally Friday morning with a letter to Patch in which he explains why he feels the village met "the closed session and specificity requirements."
In its complaint to the district attorney, Patch contends village officials:
- Improperly used state statute to cloak the true intent of the session to interview a candidate and hire that person;
- Invited members of the general public — Sturtevant Clerk/Administrator Mary Cole and Racine County Clerk Wendy Christensen and applicant Stephanie Kohlhagen -— into the closed session as part of an interview and hiring process without the general public being fully aware of what was taking place during the session; and
- Did not follow historical best practices of being specific on the Village Board meeting agenda in the spirit of open government and transparency.
As for Patch's second point of contention, Chiapete points out that the state Attorney General's office interprets the open meetings law "to give discretion to a Board to invite into a closed session anyone whose presence the Board determines is necessary for the consideration of the matter that is the subject of the meeting."
"This would include, but is not limited to, authorize convening into closed session to interview and consider applicants for the position of employment," he wrote in his response.
Chiapete did not address Patch's third allegation because state statute does not govern best practices.
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