DOJ affirms Hentz/Palmeri assertions outlined in Five Rivers closed session complaint
As explained very thoroughly by my co-host and co-complainant Tony Palmeri in this piece posted earlier tonight the state Attorney General's office essentially has agreed with us that the closed session meeting held by the Oshkosh Common Council to discuss the Five Rivers project on Feb. 14, was not an appropriate meeting. I have not yet seen my own copy of the AG office's determination; I assume it will arrive tomorrow. However, Tony and I did discuss this determination earlier this evening and I share his thoughts completely.
I may have more to say on the matter once I receive and have a chance to personally review the material. But for now, while I am happy that our position has been affirmed and our actions vindicated, and though I understand why no prosecutions will follow, I also fear that the very type of "escape hatch" which has allowed this violation of the law to go unpunished may allow similar meetings to be held in the future, with no real repercussions either. What good are open meetings laws if elected or public officials can violate them and in doing so use the excuse that "we were following the city attorney's advice" and the city attorney need only say "this is my interpretation of the law?"
That being said, I would hope the Common Council, city manager, city attorney and other department heads at City Hall will use this determination (and the past one concerning the no-bid contract for the bathrooms at the Leach Amphitheater) to actually learn something and approach it, not with arrogance or smugness, but with a willingness to do better in the future and act more judiciously where taxpayers and their dollars are concerned, even if that means erring on the side of caution.
Tony and I have discussed doing a show on this determination and will probably do so sometime in the next month.
I may have more to say on the matter once I receive and have a chance to personally review the material. But for now, while I am happy that our position has been affirmed and our actions vindicated, and though I understand why no prosecutions will follow, I also fear that the very type of "escape hatch" which has allowed this violation of the law to go unpunished may allow similar meetings to be held in the future, with no real repercussions either. What good are open meetings laws if elected or public officials can violate them and in doing so use the excuse that "we were following the city attorney's advice" and the city attorney need only say "this is my interpretation of the law?"
That being said, I would hope the Common Council, city manager, city attorney and other department heads at City Hall will use this determination (and the past one concerning the no-bid contract for the bathrooms at the Leach Amphitheater) to actually learn something and approach it, not with arrogance or smugness, but with a willingness to do better in the future and act more judiciously where taxpayers and their dollars are concerned, even if that means erring on the side of caution.
Tony and I have discussed doing a show on this determination and will probably do so sometime in the next month.
posted by Cheryl Hentz at 11:52 PM
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