Appeals court upholds dismissal of walking quorum case

MINOCQUA – A court of appeals panel has upheld the dismissal of an open-meetings complaint filed by Heather Holmes, general manager of The Lakeland Times and The Northwoods River News, the newspapers reported Friday.

The complaint contended the Rhinelander mayor and four members of its city council participated in an illegal walking quorum through a series of personal communications, email messages, in-person meetings, and communications that resulted in the writing and signing of a letter of reprimand to the city council president.

A walking quorum occurs when small groups of a governmental body participate in a series of gatherings separately to arrive at a consensus about public business that, collectively, would constitute a quorum.

Earlier this year, circuit court judge Michael Bloom dismissed the case, finding that Holmes failed to allege the officials discussed any government business or reached any agreement to take action. The appeals court panel agreed with Bloom, upholding his decision.

Gregg Walker, publisher of the Times and River News, said in the story he was “disappointed but not surprised” by the appeals court decision. Tom Kamenick, the Times’ attorney in the case and founder of The Wisconsin Transparency project, said the decision violated the state’s open meetings law.

The newspaper is looking at possible next steps in the case, which could include another appeal.

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