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City of Madison Initiative Demonstrates Lack of Transparency: MOST fails to provide public with information and access to meetings and records

Anna Welch and Mckenna Kohlenberg:

In the five years since the group’s inception, MOST has not given the public notice of its meetings times, dates, locations, and agendas, allowing little to no oversight.

According to an internal document from a 2014 meeting, MOST formalized an “Action Team” that began meeting twice a month starting July 2013. But, the group did not make meeting notices publicly available. The same handout said the City’s Education Committee adopted MOST as one of its “key initiatives” in November 2013.

According to MOST meeting notes sent only to MOST participants by the former coordinator, Jennifer Lord, on Nov. 3, 2013, concerns about the committee’s need to comply with open records laws were discussed. In response, city employees cited a desire to want to remain an “independent coalition.”

But, a desire to remain an “independent coalition” is not sufficient to grant MOST immunity from open meetings laws. Nor does this desire grant MOST immunity from open records laws.

Tom Kamenick is a deputy counsel and litigation manager at the Wisconsin Institute for Law & Liberty (WILL), a non-profit organization that advocates for open government and civil liberties. WILL successfully litigated the 2017 Supreme Court case.

Kamenick said in an email to Simpson Street Free Press that after briefly reviewing MOST, he was unable to definitively determine if the group qualifies as a public body. But, he also said the Attorney General has stipulated open records and meetings laws should be “applied expansively.”

According to Kamenick, there is a five-factor test for determining if groups must comply with open records and open meetings laws; whether the group is funded government money, whether the group serves a government function, whether the group appears to be a government entity, whether the group is subject to some level of government control, and whether a governmental body can access to group’s records.

MOST is a publically funded city initiative staffed by government officials on the city payroll.

Taxpayer funded MOST’s website.