West Bend Library Board

Consider this a red alert…

The West Bend Library Board has scheduled a meeting for tomorrow evening.  I don’t know the time or place yet.  The extremely short notice is troubling.  On the agenda is to hire an outside attorney - someone other than the city attorney - to represent the Library Board.  The reason is because some of the Library Board members were not happy with Mary Schanning’s advice (West Bend’s City Attorney) that they must disclose their emails regarding the public library’s business.  There are significant issues with this:

1) The Library Board is an extension of the city.  If they get sued, it is really the City of West Bend getting sued.  It is entirely appropriate for the City Attorney to advise them.

2) This meeting is being called on extremely short notice in an apparent effort to exclude the public. 

3) The Library Board can only pay for an attorney through Library funds, which would take away from the intended purpose of those funds.

4) The notion that Library Board members should be exempt from public scrutiny is despicable. 

Here is the email that the City Attorney sent to the Library Board Members:

Library Board Members,

I am writing to you regarding the Library Board meeting scheduled for Thursday, June 18, 2009 to discuss hiring outside counsel to represent the Library Board.  As I already informed Barbara Deters and Patti Geidel, I discourage you from taking such action.  As the City Attorney, I have provided legal counsel to the Library Board in the past and can continue to provide legal counsel in the future.  Because the Library Board is a committee of the City, the City Attorney provides legal counsel to the Library Board at no charge to the Board.  Hiring outside counsel will require the Board to use library funds to pay the legal fees of the attorney hired.

I discourage you from hiring outside counsel due to the fact that the Library Board is not considered to be a separate and distinct legal entity under the Wisconsin Statutes.  This means that the Library Board does not have the capacity to sue or be sued.  Should someone file a lawsuit against the Library Board, that lawsuit is actually against the City pursuant to Section 43.58(3) of the Wisconsin Statutes.  This would force me, as the City Attorney, to defend actions that the Library Board took on the advice of outside counsel rather than advice given by me.  The Library Board does not have the authority to allow its outside attorney to defend the claim against the City.  Because your action of hiring outside counsel could have a detrimental effect on future lawsuits against the City, I am compelled to notify the Mayor and Common Council members of my opinion regarding the action you may take at the June 18 meeting.

Finally, it is my understanding that the reason the Board is considering this action is due to the fact that some members of the Library Board disagreed with my interpretation of a recent public records request and were unhappy that they had to provide copies of their emails to Ginny Maziarka.  The records request in question is already complete and the records, including copies of emails of Library Board members, have already been released.  Therefore, obtaining a “second opinion” on my interpretation of the records request is a moot point.  Please be advised that under the Wisconsin Statutes all members of City boards and committees must comply with the state’s public record law and open meeting laws.  These laws are supposed to be interpreted on the side of openness rather than in a manner to keep things out of the public eye (see Section 19.31, Wis. Stats.).  It is because of these laws that any emails, correspondence or other documents you receive or send in your capacity as a Library Board member are subject to disclosure to the public (with some minor exceptions).

I think this is a good time to remind the members of the Library Board (and to inform our newly appointed members) of the requirements of the public records law and the open meetings law.  For your assistance on these laws, please review the manuals put out by the Wisconsin Attorney General’s Office which can be found at the following internet links:

http://www.doj.state.wi.us/AWP/2007OMCG-PRO/2007_OML_Compliance_Guide.pdf (Open Meetings Compliance Guide)

http://www.doj.state.wi.us/dls/2008-PRCO/2008_Pub_Rec_Outline.pdf (Public Records Compliance Outline)

Please remember that Library Board members cannot discuss Library Board business with other Board members except in a properly noticed meeting of the Library Board.  As stated in Library Trustee Essentials 25 (http://dpi.wi.gov/pld/te25.html), “In the case of open meetings law violations, an individual board member who is found to be in violation of the law may be fined and must pay the fine personally, without reimbursement from the library or municipality.”  It is for your own protection that I encourage you to refrain from talking to each other or emailing each other regarding issues that may come before the Library Board.

Thank you.

Mary Schanning

City Attorney

1115 S. Main Street

West Bend, WI 53095

Phone:  (262) 335-5105

Fax:  (262) 306-3107

Email:  .(JavaScript must be enabled to view this email address)

West Bend’s Library Board is getting too big for its britches.  It’s time to remind them who’s in charge.