City attorney briefs Wausau council on open meetings, records and ethics

Anne Jacobson, Wausau’s city attorney, told the Common Council at its June 23, 2026 retreat that the municipal attorney’s office serves one client — the City of Wausau — and has a duty to provide objective, nonpartisan legal advice grounded in statutes, case law and ethics.

Jacobson outlined three core areas for new and returning alderpersons: open meetings law, public records obligations and conflict-of-interest rules. She said open meetings law requires that the public be given “the fullest and most complete information regarding the affairs of government” and cautioned that “you can't meet in close session just because you don't want people to hear what you have to say,” noting the most-common exemptions are competitive bargaining and conferring with legal counsel.

When a councilor asked whether a negotiating counterparty was bound to keep private what is discussed in closed session, Jacobson said the other party is not a meeting participant and therefore would not automatically be bound by the council’s closed session — and that developers have in the past disclosed negotiations to the press. Jacobson added that council members themselves must not disclose closed-session matters until the proper public action is taken.

On enforcement, Jacobson said violations are handled by a verified complaint to the attorney general or local district attorney and noted a potential municipal forfeiture for knowingly attending meetings held in violation of the law. She described the office’s role in providing a legal opinion if the council believes a meeting was not properly noticed or otherwise might violate the statute.

Jacobson also explained Wausau’s rules of procedure — the local standing rules and the default reliance on the 12th edition of Robert’s Rules of Order when local rules are silent — and clarified that suspending standing rules requires a two‑thirds vote. She addressed the procedural motion to “call the question,” saying a two‑thirds vote is required to end debate and that local practice sometimes accommodates commenters who are already in the speaking queue.

On open records, Jacobson advised that records include electronic formats (email, texts, voicemails and social media when used for city business) and stressed the importance of confirming the scope of requests and using precise search terms. She advised elected officials to keep public business on official city accounts and to forward constituent messages to city email so they can be archived; the city clerk remains the official custodian of records.

Jacobson urged councilors to separate personal and city accounts and to retain materials related to city business at least through their terms. She described the process and potential fees for large electronic searches performed by the city’s archive vendor and the obligations that arise once a records request is made.

On ethics, Jacobson reviewed state and local rules prohibiting the use of office for private gain and described the local five‑member ethics board. She said officials should identify conflicts on the record and may need to abstain from both discussion and vote; advisory opinions can be sought through the attorney’s office or the ethics board. Jacobson noted potential penalties for violations, including forfeiture and, for local code violations, possible censure or removal.

Jacobson closed by encouraging councilors to use the printed handbook and online compliance guides from the Wisconsin Department of Justice and the League of Wisconsin Municipalities, and offered follow-up training if the council wants deeper sessions on any topic. No formal motions or votes resulted from the orientation.