Public Notice
Wisconsin’s Open Meetings Law requires advance notice of governmental meetings. Wis. Stat. § 19.84 specifies when, how, and to whom notice must be provided.
Distribution
Notice must be provided to the following parties:
- To the general public.
- To news media that have filed a written request.
- To the municipality’s official newspaper, if one exists, or to a news medium likely to give notice in the area.
Methods
One of the following methods must be used to provide public notice:
- Posting in at least three public places likely to give notice to affected persons.
- Posting on the official government website and at least one public place likely to give notice to affected persons.
- Paid publication in a news medium likely to give notice to affected persons.
Content
The public notice must specify the time, date, place, and subject matter of meetings, including contemplated closed sessions.
Timing
Notice of public meetings must be provided at least 24 hours prior. If there is “good cause” that makes this impossible or impractical, notice must be provided as soon as possible but no less than two hours prior to the meeting.
Do additional notice requirements apply?
Decisions routinely made by planning and zoning officials may impose additional public participation and notice requirements that go beyond the Open Meetings Law requirements. The adoption of plans and ordinances, and the consideration of variances, conditional uses, rezones and other development matters trigger additional public notice and hearing requirements. These requirements are summarized below and discussed in related modules.
What are the different types of notice?
Three types of notice are generally required for plan commission meetings and hearings:
- Posting – Display of public notice in at least three public places, or in one public place and the government website. Required for public meetings.
- Class I Notice – One newspaper publication at least one week before the act or event. Required when adopting or amending a comprehensive plan.
- Class II Notice – Two newspaper publications, at least one and two weeks before the act or event. Required for conditional use permits and rezones.
Classes of notice are described in additional detail in Wis. Stat. § 985.
Are paid, published notices required?
The Open Meetings Law does not require paid, published notices. However, other statutes may require paid, published notices. In this case, Open Meetings Law requirements may be incorporated into the published notice. If a local government does not have an official newspaper, it may select another eligible newspaper for publication or substitute posting for publication.
How specific must our notice be?
The public notice must describe agenda items in sufficient detail to allow those likely to be affected by a decision to identify the item on the agenda. In the case of a specific development proposal, provide the name of the applicant, property address, and a brief description of the proposal. General subject matter designations such as miscellaneous business, agenda revisions, and other matters authorized by law should be avoided. Only issues described in specific detail on the public notice and agenda may be decided.
Do we need to include a period for public comment?
The notice for a public meeting may provide for a period of public comment. During this period, the governmental body may discuss any matter raised by the public. The law does not require all meetings to provide a forum for public comment. Public hearings, on the other hand, must include a period for public comment and/or testimony.
Are separate notices required for each meeting?
A separate notice is required for each meeting. A general notice of a governmental body’s upcoming meetings is not sufficient. If a discussion item or decision is continued or postponed to a later date, the item must be fully described in the subsequent meeting notice.
How do we document that notice was provided?
A newspaper should provide proof of publication by affixing an affidavit of publication to the notice showing the name of the newspaper and dates of publication. Similarly, the person posting a legal notice should prepare an affidavit showing the time, place and manner of posting.
