Unofficial Minutes, Hoofer Sailing Club, Board of Directors, 9/2/09

[Watson]

Unofficial Meeting Minutes
Hoofer Sailing Club
Board of Directors
9/2/09

Attendees:
Brand Jordan
John Goebel
Michael Watson
Air Cadet Matthew James Duerst (employee)
James B. Rogers (Outdoor Programs Clerk)
Mark Rugowski
Erica Dederich
Jane Foster (employee)
Justin Cherniak (employee)
Micah Kearns
Anne Miller
Michelle Lorenz (employee)
Brad Strock
Adam
Tristan Sather (employee)
Jo Reis
Unknown Woman, Sailing Team 1
Unknown Woman, Sailing Team 2
Unknown Woman, Sailing Team 3
Unknown Woman, Sailing Team 4
Dan Siedlecki
Brian Borkovec (employee)
Blake (employee)
Johann Sung
Unknown Man 1
Unknown Man 2
Unknown Man 3

Duerst convened meeting at 8:45pm, saying he did not publish an agenda
since everybody knows only one item is on the meeting agenda.

Borkovec presented himself as the hiring committee chairman for head
of instruction. Said he created the position description in July
2009. Recounted various deadlines. Cherniak said he posted job on
some websites. Borkovec called himself the committee "facilitator."
Mentioned Tom Hogan, Wisconsin Union Human Resources Director.
Comittee met only twice. 14 applicants; 8 interviewed on 8/26, 8/27
and 8/31 at night. Committee made recommendation decision on 8/31.
No offers made yet.

Watson asked Borkovec how committee decided its business; that is,
did it vote? Borkovec answered "No." Watson asked then if committee
employed a "consensus process," and asked if there is a record of the
decision-making. Borkovec replied that meeting on 9/2/09 of this
Board is the only record of committee action.

Cherniak asked how many of the applicants were connected to the Club
is some manner. Borkovec answered that 7 had been instructors of
Club.

Borkovec is now purporting to instruct the Board Meeting that they
cannot divulge the findings of the committee presented tonight.
Borkovec then asked that meeting go into a closed session. Watson
stated that such closure is illegal under Wisconsin's Open Meetings
Law. Rugowski claimed it is ok to do so, stating he has read the
statute. Rugowski said Board cannot reconvene in open session for at
least 12 hours if it closes session. Watson said he too has read the
statute and the Attorney General's Manual on the Law, and that no
notice of closed session was published under Law, making any closure
illegal on its face. Siedlecki said that an oversight had been made,
seemingly to the effect that notice should be given of desire to enter
a closed session.

Tristan Sather stated the Hoofer Board of Directors is not subject to
the Wisconsin Open Meetings Law, citing a "ruling" by Bascom Hall
Attorney Benjamin Griffiths stating Hoofers is exempt from the Law.
Brian Borkovec stated the same. When asked by a Board Member, James
B. Rogers affirmed that Hoofer Sailing Club is not subject to the Open
Meetings Law of Wisconsin, citing Attorney Benjamin Griffiths, UW
Senior Legal Counsel.

Anne Miller said she would refuse to report Hiring Committee findings
to the Board unless it was a closed session. UW Employee Jake Beyer
spoke, saying the Board should close its meeting out of respect for
candidates.

Erica Dederich moved, specifically citing Wis. Stat. §19.85(1)(c) to
close the meeting. Another person seconded. Watson told Board once
again that their action is illegal. Siedlecki stated that it doesn't
matter, asking Watson what difference it woudl make if notice had been
given. Watson responded that notice is substantive to the Open
Meetings Law and not negotiable. Tristan Sather stated again Board is
not subject to Open Meetings Law, and that only Union Council is
subject to Law. Watson responded that is untrue, and that he is an
attorney and has read the law. Sather responded "I don't care."

Meeting illegally closed at 9:00pm with several non-Board members
remaining in attendance.

* As an addendum to these notes, please see the Wisconsin Attorney
General's Manual on the Open Meetings Law. Attorney Watson has before
provided this to Airman Matthew James Duerst to help him comply with
the Law. http://www.doj.state.wi.us/AWP/2007OMCG-PRO/2007_OML_Compliance_Guide.pdf

**The following is from the Manual, regarding the Wis. Stat. §19.85(1)
(c) exemption that by statutory command shall be construed narrowly.
There is no exemption from Law for considering an employment
recommendation from a sub-committee to a Board of Directors.

"Stating only the statute section number of the applicable exemption
is
not sufficient because many exemptions contain more than one reason
for
authorizing closure. For example, Wis. Stat. § 19.85(1)(c) allows
governmental bodies to use closed sessions to interview candidates for
positions of employment, to consider promotions of particular
employees, to consider the compensation of particular employees, and
to conduct employee evaluations—each of which is a different reason
that should be identified in the meeting notice and in the motion to
convene into closed session. Reynolds/Kreibich Correspondence,
October 23, 2003. Similarly, merely identifying and quoting from a
statutoryexemption does not adequately announce what particular part
of the governmental body’s business is to beconsidered under that
exemption. Weinschenk Correspondence, December 29, 2006; Anderson
Correspondence, February 13, 2007."