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Our View: Ruling for openness not a closed case
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The importance of governmental bodies being open to the public in its proceedings is obvious. But what about "quasi-government" bodies, such as economic development agencies?

The Wisconsin Supreme Court on July 11 answered that question with a ruling in State v. Beaver Dam Development Corporation. In the decision, the court said economic development groups must abide by the state's open meetings and records laws if they closely resemble government bodies. (For the record, the Green County Development Corporation already abides by the laws. It should be commended for doing so without a court order.) Among the guidelines the court established as a litmus test for quasi-government bodies is funding from public tax dollars, having residence in a governmental facility and being provided by support and supplies from a governmental body.

Wisconsin Newspaper Association Executive Director Peter Fox called the decision an absolute victory for state citizens, and it was.

So, of course, plans already are under way to offset the decision.

The Hamilton Consulting Group of Madison last week sent out an analysis of the decision along with advice on how to overcome the decision. It went out to the Wisconsin Economic Development Association, Wisconsin Realtors Association, Wisconsin Chapter of the National Association of Industrial and Office Properties, Wisconsin Manufacturers and Commerce, and the Wisconsin Builders Association. Certainly, those are groups with influence in the state Legislature.

Which is where the next battleground over public access to quasi-governmental processes appears to be headed.

"WEDA and others will explore avenues to address the ... court's very troubling decision," the Hamilton analysis reads. "The cleanest and safest will be to attempt a legislative solution - which is where public policy is supposed to be established." (Read: The group thinks it is judicial activism to require public access to economic development groups that operate with tax dollars and make deals that can have significant impacts on citizens' pocketbooks.)

"This will require a coordinated and active grassroots effort reinforcing the critical role that economic development plays in the vitality of the state's future," the analysis continues. (Read: It is important that economic groups be able to continue to make deals in secrecy, even if they involve public tax dollars.)

Certainly, economic development groups do important work. Their ability to bring new business and jobs into communities is crucial. But that should not allow public tax deals to be negotiated without the public's knowledge or input. The Beaver Dam case resulted from a citizens group complaint that the economic development corporation there secretly negotiated a deal with Wal-Mart Stores Inc. in 2003 to bring a $55 million distribution center to the city.

The Supreme Court correctly ruled that economic development groups that act like governmental bodies must follow the same sets of rules providing public access. Lawmakers apparently will be pressured to nullify that ruling through legislation.

They should resist that temptation, and members of the public should urge them to do so.