THE COURT DECISION IS IN…THE CITY OF MARINETTE VIOLATED THE OPEN MEETING LAW DURING THE 2020 PFAS SESSIONS

On Tuesday, a state appeals court determined that the Marinette City Council breached the state’s Open Meeting Law due to two closed sessions held in 2020 concerning issues related to PFAS. This ruling followed a lawsuit filed by Alderman Doug Oitzinger, who contended that the sessions on October 6^{th and} 7^th, 2020, were not conducted in accordance with the legal standards set forth in the Open Meetings Law. A prior decision by a circuit court found that one of the meetings was indeed in violation; however, it ruled that the other was not. Following the appeal, the court referenced its earlier ruling in another case and affirmed that the plain language of the Open Meetings Law’s exemption, as detailed in WIS. STAT. 19.85(1)(e) (2021-22), was not applicable in this scenario. Consequently, the court concluded that the Marinette City Council’s actions during the closed sessions on both October 6^th and 7^th, 2020, constituted a violation of the law. As a result of this ruling, Oitzinger was deemed entitled to reasonable attorney fees for his efforts to uphold the Open Meetings Law, marking a significant affirmation of transparency in municipal governance through the court’s 39-page decision.