The following letter was sent to Winnebago County District Attorney Joseph Paulus on April 24, 2001.
April 24, 2001 Joseph Paulus, Winnebago County District Attorney 240 Algoma Blvd. Oshkosh, WI 54901
Dear District Attorney Paulus:
As you may know, I co-produce and co-host (with former Oshkosh Mayor Jim Mather) "Commentary," a public affairs program airing on Titan-Television. Recently, Mr. Mather and I interviewed Oshkosh Common Councilors Paul Esslinger and Melanie Bloechl. A portion of the interview dealt with the Common Council's decision to hold several closed Executive Session meetings with representatives of Ganther Construction and Professional Realty and Development Corp. of Middleton, the developers recently given Council approval to develop a mixed-use office building on the 100 block of North Main St. I believe that these Executive Sessions at the very least violated the spirit of the state's open meetings law, and probably violated the letter of the law.
Wisconsin Statutes 19.83 say that "At any meeting of a governmental body, all discussion shall be held and all action of any kind, formal or informal, shall be initiated, deliberated upon and acted upon only in open session except as provided in s. 19.85."
Turning to s. 19.85, which identifies exemptions to open meetings requirements, I imagine that the Council justifies its 100 block closed executive session under 19.85(1)(e): "Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session."
If a developer-Ganther, Professional Realty or anyone else-can negotiate a deal with the Common Council before the public has even the slightest inkling of what the developer intends for the city, then the entire reason for having an Open Meetings Law becomes moot. The statutes do not give a Common Council the right to approve a building design concept (i.e. the mixed-use office concept) in closed session, especially when competing ideas for the 100 block have been suggested (e.g. a potential site for a new City Hall, an aquatic park, etc.). No matter how many times the Mayor, other members of the council, or the local Gannett newspaper repeat that a "mixed use office building is appropriate for the area," that does not change the fact that the citizens of this community have never given their approval for such use. Does it really make sense to place a new office building on the block when there is literally an "office space available" sign outside the building directly across the street? Shouldn't this at least be debated before the Council can cut a secret deal?
The Council as of late frequently invokes the LDR International "Downtown Action Plan" as a justification for its actions. In that report, LDR says, "North Main St. is the historic center of Oshkosh rich in architectural character." They then recommend that the city "Promote the redevelopment of the 100 block. The new development should reinforce the character of North Main St." By closing a secret deal with the developers, the Oshkosh Common Council allowed no opportunity for the public to provide input as to whether the Ganther/Professional Realty development actually reinforces the character of the street. Indeed, as former Councilor Kevin McGee said recently, the new development may in fact be an example of a "Koeller St. solution to downtown." Wisconsin's tradition of clean, open government demands that the public have a right to comment meaningfully on this project before the shovel hits the ground.
I request that you begin a formal investigation of whether the Oshkosh Common Council violated the state's Open Meetings Law in its deliberations regarding the 100 block of North Main St. Should you find that the law was violated, I would expect that you would ask a judge to halt any further actions of the Council or the developers as regards the 100 block until the public has had full opportunity to comment not only on the specifics of the deal negotiated by the Council, but on the very concept of the mixed-use office building for the area.
Thank you for your prompt attention to the matter.
Sincerely,
Tony Palmeri, Co-Producer and Co-Host
"Commentary"
Home Address: 212 W. Parkway Ave. Oshkosh, WI 54901 Phone: 235-1116 Work Address: Department of Communication UW Oshkosh Oshkosh, WI 54901 Phone: 424-4422 Return to Commentary