MONROE - A judge's ruling that four Monroe Common Council members violated Wisconsin Open Meetings law may have broader implications for other government committees within the county.
Dane County Circuit Judge Rhonda Lanford's decision last week said that aldermen Louis Armstrong, Charles Schuringa, Brooke Bauman and Louis Armstrong broke state law during a closed session by the Salary and Personnel committee in a meeting two years ago. The closed session was regarding then-Utility Director Alan Eckstein's complaints of unfounded rumors circulated by other city employees that he had been having an inappropriate relationship with a co-worker. Eckstein claimed the talk was a violation of the city's harassment policy.
Lanford found that the committee's action to terminate Eckstein was not adequately indicated through the reason for the closed session stated on the agenda.
Eckstein was a plaintiff alongside the state's argument due to his personal stake in the case. He was awarded $160,000 total, $60,000 of which will pay for his lawyers used during the proceedings. Gregg Gunta, the lawyer hired by the city to represent the committee, pointed out that through its insurance company, the city will be responsible for $10,000, a smaller amount than the $27,000 severance package offered to Eckstein in 2013. Each individual council member was fined $50. Fines for open meeting law violations can vary from $25 to $300 per person and cannot be reimbursed through city funds.
Gunta, speaking before the Common Council Tuesday, presented the declaratory judgment stipulation, which laid out the settlement agreement with Eckstein.
Gunta went on to explain that Landford's judgment took law that was previously "ambiguous" and ensured that action taken by a majority of council members in committee represented action by the council.
Gunta said the Common Council meeting after the committee decision to fire Eckstein in which aldermen voted on the matter "could not rectify actions taken on Sept. 10, 2013" based on the judgment because action had already been taken by a majority of aldermen in the committee's closed session.
The decision will have ripple effects throughout county government, he said, and the Green County District Attorney Office has decided to begin looking into how the county conducts itself during committee meetings as well. Lanford's decision will lead to stricter supervision by the state on government committees within the county, he said.
Gunta recommended the city ensure there is less than a majority at committee meetings and that the committee itself always makes an established action to return to open session after conducting business in a closed one in order to better protect themselves from the state level, which has made open meetings law its top priority.
Mayor William Ross said that throughout his time as mayor, a violation had never before happened. He added that council members work hard to represent the city.
"It really boils down to a technicality," Ross said. "We're here to serve the people. We shouldn't be afraid to do our jobs as alders. We're all sorry it happened this way, but it's a lesson learned."
The council approved the settlement, which outlines a "no contest" plea by the council members involved - including Chris Beer, who was present during the session though was not a committee member.
"No one disagrees in this case that the actions on Sept. 10, 2013 ... were made in good faith," Gunta said. "It was a technical malfunction. It states that at the end of this document."
Gunta added more than once throughout his presentation that Lanford had been "predisposed" toward her decision.
"We just hit the perfect spot in the sky, so to speak," he said. "The stars aligned just right for the state and Mr. Eckstein."
Dane County Circuit Judge Rhonda Lanford's decision last week said that aldermen Louis Armstrong, Charles Schuringa, Brooke Bauman and Louis Armstrong broke state law during a closed session by the Salary and Personnel committee in a meeting two years ago. The closed session was regarding then-Utility Director Alan Eckstein's complaints of unfounded rumors circulated by other city employees that he had been having an inappropriate relationship with a co-worker. Eckstein claimed the talk was a violation of the city's harassment policy.
Lanford found that the committee's action to terminate Eckstein was not adequately indicated through the reason for the closed session stated on the agenda.
Eckstein was a plaintiff alongside the state's argument due to his personal stake in the case. He was awarded $160,000 total, $60,000 of which will pay for his lawyers used during the proceedings. Gregg Gunta, the lawyer hired by the city to represent the committee, pointed out that through its insurance company, the city will be responsible for $10,000, a smaller amount than the $27,000 severance package offered to Eckstein in 2013. Each individual council member was fined $50. Fines for open meeting law violations can vary from $25 to $300 per person and cannot be reimbursed through city funds.
Gunta, speaking before the Common Council Tuesday, presented the declaratory judgment stipulation, which laid out the settlement agreement with Eckstein.
Gunta went on to explain that Landford's judgment took law that was previously "ambiguous" and ensured that action taken by a majority of council members in committee represented action by the council.
Gunta said the Common Council meeting after the committee decision to fire Eckstein in which aldermen voted on the matter "could not rectify actions taken on Sept. 10, 2013" based on the judgment because action had already been taken by a majority of aldermen in the committee's closed session.
The decision will have ripple effects throughout county government, he said, and the Green County District Attorney Office has decided to begin looking into how the county conducts itself during committee meetings as well. Lanford's decision will lead to stricter supervision by the state on government committees within the county, he said.
Gunta recommended the city ensure there is less than a majority at committee meetings and that the committee itself always makes an established action to return to open session after conducting business in a closed one in order to better protect themselves from the state level, which has made open meetings law its top priority.
Mayor William Ross said that throughout his time as mayor, a violation had never before happened. He added that council members work hard to represent the city.
"It really boils down to a technicality," Ross said. "We're here to serve the people. We shouldn't be afraid to do our jobs as alders. We're all sorry it happened this way, but it's a lesson learned."
The council approved the settlement, which outlines a "no contest" plea by the council members involved - including Chris Beer, who was present during the session though was not a committee member.
"No one disagrees in this case that the actions on Sept. 10, 2013 ... were made in good faith," Gunta said. "It was a technical malfunction. It states that at the end of this document."
Gunta added more than once throughout his presentation that Lanford had been "predisposed" toward her decision.
"We just hit the perfect spot in the sky, so to speak," he said. "The stars aligned just right for the state and Mr. Eckstein."