Oneida County Circuit Judge Michael Bloom will issue a written decision by the end of the month whether to dismiss a case against Rhinelander Mayor Chris Frederickson and four members of the common council.
At issue is whether the five violated the state's open meetings law when, as alleged, they jointly signed a letter to council president George Kirby last year. The letter criticized Kirby's action of leaving a meeting prior to a vote that Kirby felt was an illegal action. The letter questioned whether Kirby should remain as council president.
The civil complaint was filed by the Lakeland Times and Northwoods River News.
A motion was filed by the defendants, asking to dismiss the case, saying the public officials did not form an illegal decision-making body known as a 'walking quorum'. That means officials meet outside of noticed meetings and make decisions.
Their attorney Daniel Varline...
"Again, no tacit or explicit course of action by the city council in this case, rather, simply a private letter that was sent and become public..."
Plaintiff attorney Thomas Kamenick said the letter did constitute government business and should fall under the open meetings rules..
"..Was this letter an action of governmental business action? Was it related to government business? Were they discussing government business? "
Judge Bloom said he wanted to take time to review it all before making a decision...
"..This is a situation where the parties and the public deserve a carefully structured, thoroughly explained decision..."
The matter had been before District Attorney Michael Schiek who decided against any action, saying it was a close call, but felt it did not rise to a violation.
