I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.
City Attorney Eberhardy,
This is to inform you of a Wisconsin State Open Meetings Law Wis. Stat. § 19.81-19.98 violation that the door was closed by Reorganization Committee member Donald Mulock during the Thursday March 29, 2012 meeting of Reorganization Committee.
At the time the door closed it became a closed session meeting. No one asked the non-elected or non-city individuals to leave.
The Clerk/Treasurer was in attendance at meeting recording the minutes and made no attempt to open the door at any time, nor did the Chairman Ald. Otto. The meeting was clearly on violation for fifteen minutes with no attempt made to recognize the violation.
The members of the committee voted.
The door was closed for fifteen minutes until I, in accordance to Robert’s Rules, stood up.
I waited to be recognized by the Chairman and even after he looked at me, I was not recognized. At which point I stated “Point of Order” and was not given the floor so I over spoke the people to state that the meeting was in Wisconsin State Open Meetings Law with the door closed.
The door was opened and another infraction occurred, the door can only be opened by the Chairman Ald. Otto or the Clerk/Treasurer.
Chairman Ald. Otto then ruled the motion made in closed session invalid, with no motion nor vote. He then, in open session, asked for another motion and vote and then adjourned the meeting.
Once the vote was retaken and before the motion to adjourn was stated, I stood again to be recognized by the Chairman and was not.
It was clear his objective was to get the vote he wanted on his proposal regardless of the violation of open meetings law.
Robert’s Rules do permit ANYONE to bring violations to the Chairman and ANYONE to ask Point of Information. I was following protocol and the Chairman did not recognize me and just continued on. That in itself is a violation.
I was going to state the following:
Point of Information: Mr. Chairman I should like to ask the Chairman three questions pertaining to the meeting itself.
When was the formation of this Reorganization Committee approved by the Common Council?
When were the members of this Reorganization Committee approved by the Common Council?
Mr. Chairman How does this Committee have any authority including advisory if it was not approved by the Common Council?
If you look at the Common Council Minutes from the January 3, 2012 and January 7, 2012 which includes joint meetings obtained off the City of Cudahy Website and approved by the Common Council. These meeting took place before the first Reorganization Committee meeting held on 2012 January 26 the Reorganization Committee nor its members were never approved.
Since this Reorganization Committee is putting forth a plan (voted and approved Thursday March 29, 2012) this committee has become more than the advisory committee that Mayor Day and Chairman Otto claim it to be.
I did ask Mayor Day when the Common Council approved this and it stated it was in one of the joint meeting. I provided him with copied of the minutes and there was no vote taken.
Since this committee was not approved by the Common Council nor where the members of it, it is an invalid, unrecognizable, and an illegal City of Cudahy Committee. I hereby state that this matter be turned over to the City Attorney and I will be lodging a procedural and ethics complaint with the Government Accountability Board. Therefore all meetings past, present and future and recommendations by this committee are invalid and need to be discarded.
Mayor Day and Chairman Otto overstepped their authority.
I have learned that in 2004 the newly elected officials were trained on conducting meetings and open meetings law by an outside legal firms expert on municipal law and attended training by the League of Municipalities.
Has training been conducted for the 2007 / 10 council and for the current council?
I have videotaped the meeting and can make a DVD available to you along with making one available to the Milwaukee County DA.