Judge reconsiders open meetings ruling

Waukesha Freeman, July 6, 2006

OCONOMOWOC A judge has reconsidered his ruling that the city violated state open meetings laws by improperly posting a 2001 meeting regarding Aurora Health Cares attempts at building a new hospital at Pabst Farms.

On May 25, Waukesha County Circuit Court Judge James R. Kieffer ruled that there was undisputed evidence that Oconomowoc broke the law by failing to properly inform the public about an April 12, 2001, meeting in which Auroras plans for its new hospital in the city were discussed in closed session. Kieffer said then that no evidence was presented showing that city officials gave proper public notice of the meeting in area newspapers and at public places.

Kieffer, however, reversed that ruling Monday after a former assistant clerk provided testimony that indicated state open meetings laws were followed.

He said the issue could now be argued at trial, which could come this fall. A final pre-trial hearing is set for Oct. 9.

Kieffer also ruled Monday that former Oconomowoc Mayor Tom Foti, City Administrator Richard Mercier and City Planner Roland Tonn can testify at trial.

The ruling allows Aurora to depose the three defense witnesses for the first time, hospital system spokesman Jeff Squire said Thursday. A previous judge had ruled that the three city officials need not be made available for depositions.

Aurora first brought the lawsuit against the city in 2001 after the Oconomowoc City Council voted to rezone 43.5 acres of land northeast of Interstate 94 and Highway 67 in order to block construction of the hospital.