Closed sessions in Wisconsin: the procedure that keeps you legal
Wisconsin lets a governmental body close its doors only through a specific ritual: a noticed subject, an open convening, a recorded majority vote, and an announcement of the exact exemption claimed. Here is the procedure step by step, the exemptions that authorize it, and the 12-hour rule that catches boards on the way back out.
- The procedure
- Convene in open session, then close only upon a motion duly made and carried by majority vote, taken so the vote of each member is ascertained and recorded in the minutes (Wis. Stat. 19.85(1))
- The announcement
- Before the vote, the chief presiding officer announces the nature of the business and the specific exemption or exemptions claimed; the announcement becomes part of the record, and no other business may be taken up (19.85(1))
- The notice link
- The meeting notice itself must set forth the subject matter, including that intended for consideration at any contemplated closed session (19.84(2))
- The 12-hour rule
- No reconvening in open session within 12 hours after the closed session ends, unless the subsequent open session was noticed at the same time and in the same manner as the meeting (19.85(2))
- The record
- Motions and roll call votes of each meeting must be recorded, preserved, and open to public inspection; a collective bargaining agreement may never be finally ratified or approved in closed session (19.88(3), 19.85(3))
The procedure, step by step
Wisconsin does not let a governmental body simply adjourn to a back room. A closed session is lawful only when it travels through the procedure in Wis. Stat. 19.85(1), and every element is mandatory. First, the meeting convenes in open session; the Department of Justice guide is explicit that every meeting must initially be convened open (Wis. Stat. 19.83, 19.85(1)). Second, the body passes a motion, duly made and carried by majority vote, and the vote must be taken in such manner that the vote of each member is ascertained and recorded in the minutes (19.85(1)). Per the DOJ guide, a unanimous motion does not require individually recorded votes, but anything short of unanimity does.
Third, before that vote, the chief presiding officer must announce to those present the nature of the business to be considered and the specific exemption or exemptions under 19.85(1) claimed to authorize the closed session. The announcement becomes part of the record of the meeting. And the announcement is a fence, not a formality: no business may be taken up in the closed session except what relates to the matters in the announcement (19.85(1)).
The DOJ guide adds teeth to the announcement requirement. Stating only the statute section number is not sufficient, because many exemptions contain more than one reason for closure; 19.85(1)(c) alone covers interviews, promotions, compensation, and evaluations, and the specific reason should be identified. Merely quoting the exemption text without describing the business is also inadequate. When several exemptions cover several subjects, the motion should make clear which exemption corresponds to which subject.
The notice comes first
The closed session starts on paper, before the meeting does. Every public notice of a meeting must set forth the time, date, place, and subject matter of the meeting, including that intended for consideration at any contemplated closed session, in a form reasonably likely to apprise the public and the news media (Wis. Stat. 19.84(2)). Per the DOJ guide, if the presiding officer knows a closed session is contemplated when notice goes out, the notice must contain its subject matter; if the need arises later, the body may still close on an item that was contained in the notice for the open session. The notice mechanics themselves, the 24-hour minimum and where notice must go, are covered in our guide to the Wisconsin 24-hour notice rule.
The exemptions, with the ones clerks actually use
Wis. Stat. 19.85(1) lists the only purposes for which a closed session may be held. The DOJ guide counts eleven exemptions, urges that they be strictly construed and invoked sparingly, and says that where there is doubt, the meeting should stay open. The ones that come up most for a local board:
- (b) Employee dismissal, demotion, licensing, or discipline, including the investigation of charges and the taking of formal action. This one carries a built-in safeguard: the employee or licensee must be given actual notice of any evidentiary hearing that may be held before final action and of any meeting at which final action may be taken, and the notice must state the person’s right to demand that the hearing or meeting be held in open session. If the person demands an open session, paragraphs (b) and (f) no longer apply to that hearing or meeting.
- (c) Employment, promotion, compensation, or performance evaluation data of any public employee over which the body has jurisdiction or exercises responsibility.
- (e) Public property and public funds: deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, but only whenever competitive or bargaining reasons require a closed session.
- (f) Reputational matters: financial, medical, social, or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems, or investigation of charges (except where (b) applies), where public discussion would be likely to have a substantial adverse effect on the reputation of a person involved.
- (g) Conferring with legal counsel who is rendering oral or written advice concerning strategy to be adopted with respect to litigation in which the body is or is likely to become involved.
The rest of the list, briefly: (a) deliberating a case that was the subject of a judicial or quasi-judicial trial or hearing before that body; (d) specific applications of probation, extended supervision, or parole, or strategy for crime detection or prevention; and (h) considering requests for confidential written advice from the elections commission, the ethics commission, or a county or municipal ethics board. Three narrow paragraphs, (ee), (eg), and (em), cover certain deliberations of the unemployment insurance and worker’s compensation councils and burial site locations.
The 12-hour trap on the way back out
The rule that catches boards is not about going into closed session; it is about coming back. A governmental body may not commence a meeting, subsequently convene in closed session, and thereafter reconvene in open session within 12 hours after completion of the closed session, unless public notice of that subsequent open session was given at the same time and in the same manner as the public notice of the meeting convened before the closed session (Wis. Stat. 19.85(2)).
The practical translation: if the board goes into closed session to deliberate and then wants to come back out and act the same evening, that return trip must have been in the original notice. Put a line in every notice that contemplates a closed session stating that the body may reconvene in open session afterward, or plan to wait 12 hours.
The hard stop, and the record that never closes
One action is barred outright: nothing in the Open Meetings Law authorizes a body to consider in closed session the final ratification or approval of a collective bargaining agreement negotiated by the body or on its behalf (Wis. Stat. 19.85(3)). Strategy sessions on bargaining can close under the exemptions; the final ratification vote cannot.
And the doors closing does not close the record. The motions and roll call votes of each meeting, closed sessions included, must be recorded, preserved, and open to public inspection to the extent prescribed by the public records subchapter (Wis. Stat. 19.88(3)). A closed session with no record of its motions and votes is its own violation. What the record of a Wisconsin meeting must contain, and where written minutes actually come from, is covered in our guide to Wisconsin meeting minutes requirements.
What a defective closed session costs
The stakes are personal. Any member who knowingly attends a meeting held in violation of the Open Meetings Law, or who otherwise violates it in an official capacity, forfeits not less than $25 nor more than $300 for each violation, without reimbursement; the body cannot pay it back (Wis. Stat. 19.96). The statute protects members who voted to prevent the violation. Action taken at an unlawful meeting is voidable, but only where a court finds the public interest in enforcement outweighs the public interest in sustaining the action (Wis. Stat. 19.97(3)). The full enforcement picture, including who can sue and how, is in our guide to personal fines under the Wisconsin Open Meetings Law.
Dekree runs this workflow for Michigan local governments today: closed-session items flagged on the agenda, the procedure scripted for the chair, and the record kept correctly. We are bringing the platform to Wisconsin next. To bring Dekree to your office, email contact@dekree.ai with the subject line Wisconsin and we will add your office to the Wisconsin rollout list.
A run-of-show checklist
Put the closed-session subject in the meeting notice, including the exemption you expect to claim and a line about reconvening to open session. Convene the meeting in open session. Move to convene in closed session; take the vote so each member’s vote is ascertained and recorded in the minutes. Before the vote, have the chair announce the nature of the business and the specific exemption or exemptions, in words, not just a statute number. In closed session, take up only the business in the announcement, and record any motions and roll call votes. Save final votes for open session unless voting openly would defeat the purpose of closing, and never ratify a collective bargaining agreement behind closed doors. Then mind the clock: reconvene in open session only if the return was noticed with the meeting, or after 12 hours have passed.
Common questions
Can a Wisconsin governmental body vote in closed session?
Carefully: sometimes, but the safe default is no. The Open Meetings Law does not flatly prohibit voting in closed session. The Wisconsin Supreme Court held under a predecessor statute that voting can be an integral part of deliberating, while the Court of Appeals in Schaeve suggested a body must vote in open session unless an exemption expressly authorizes a closed vote. Given that uncertainty, the Attorney General advises voting in open session unless the vote is clearly an integral part of deliberations authorized to be closed, in other words, unless voting openly would compromise the need for the closed session (OML Guide, March 2025). One vote is absolutely off limits: final ratification or approval of a collective bargaining agreement may never happen in closed session (Wis. Stat. 19.85(3)). And any motion or roll call vote taken in closed session must still be recorded and preserved (19.88(3)).
Is citing the statute number enough when announcing a closed session?
No. The chief presiding officer must announce both the nature of the business and the specific exemption or exemptions claimed (Wis. Stat. 19.85(1)). Per the Wisconsin Department of Justice guide, stating only the statute section number is not sufficient, because many exemptions contain more than one reason for closure; 19.85(1)(c) alone covers interviews, promotions, compensation, and evaluations, each a different reason that should be identified. Merely quoting the exemption without saying what business falls under it is also inadequate. Describe the business, then name the exemption that covers it.
Can we go into closed session if the notice did not mention one?
Per the DOJ guide, if the chief presiding officer is aware a closed session is contemplated when notice is given, the notice must contain the subject matter of the closed session (Wis. Stat. 19.84(2)). If a closed session was not contemplated at notice time, the guide says the body is not foreclosed from convening closed under 19.85(1) to discuss an item that was contained in the notice for the open session. Either way, the full 19.85(1) procedure, motion, recorded vote, and announcement, still applies before the doors close.
Can the body reconvene in open session right after the closed session ends?
Only if the return to open session was noticed in advance. Wis. Stat. 19.85(2) prohibits a body from commencing a meeting, convening in closed session, and then reconvening in open session within 12 hours after the closed session ends, unless public notice of that subsequent open session was given at the same time and in the same manner as the notice of the original meeting. The practical fix is one line in the original notice stating that the body may reconvene in open session following the closed session.
This article is educational information for Wisconsin authorities and governmental bodies, current as of the publication date. It is not legal advice, and statutes and court decisions change. Confirm specifics with your municipal attorney. Statute text: docs.legis.wisconsin.gov.