Wisconsin Statutes

Wis. Stat. § 19.82 (2026)

Definitions

✓ current as of July 2026

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19.8219.82 Definitions. As used in this subchapter:

19.82(1)(1) “Governmental body” means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV, or V of ch. 111.

19.82(2)(2) “Meeting” means the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter, any gathering of the members of a town board for the purpose specified in s. 60.50 (6), any gathering of the commissioners of a town sanitary district for the purpose specified in s. 60.77 (5) (k), or any gathering of the members of a drainage board created under s. 88.16, 1991 stats., or under s. 88.17, for a purpose specified in s. 88.065 (5) (a).

19.82(3)(3) “Open session” means a meeting which is held in a place reasonably accessible to members of the public and open to all citizens at all times. In the case of a state governmental body, it means a meeting which is held in a building and room thereof which enables access by persons with functional limitations, as defined in s. 101.13 (1).

19.82 HistoryHistory: 1975 c. 426; 1977 c. 364, 447; 1985 a. 26, 29, 332; 1987 a. 305; 1993 a. 215, 263, 456, 491; 1995 a. 27, 185; 1997 a. 79; 1999 a. 9; 2007 a. 20, 96; 2009 a. 28; 2011 a. 10.

19.82 AnnotationA “meeting” under sub. (2) was found although the governmental body was not empowered to exercise the final powers of its parent body. State v. Swanson, 92 Wis. 2d 310, 284 N.W.2d 655 (1979).

19.82 AnnotationA “meeting” under sub. (2) was found when members met with a purpose to engage in government business and the number of members present was sufficient to determine the parent body’s course of action regarding the proposal discussed. State ex rel. Newspapers Inc. v. Showers, 135 Wis. 2d 77, 398 N.W.2d 154 (1987).

19.82 AnnotationWhen a quorum of a governmental body attends the meeting of another governmental body when any one of the members is not also a member of the second body, the gathering is a “meeting” unless the gathering is social or by chance. State ex rel. Badke v. Village Board, 173 Wis. 2d 553, 494 N.W.2d 408 (1993).

19.82 AnnotationThe open meetings law is not meant to apply to single-member governmental bodies. Sub. (2) speaks of a meeting of the members, plural, implying there must be at least two members of a governmental body. Plourde v. Habhegger, 2006 WI App 147, 294 Wis. 2d 746, 720 N.W.2d 130, 05-2106.

19.82 AnnotationA corporation is quasi-governmental if, based on the totality of circumstances, it resembles a governmental corporation in function, effect, or status, requiring a case-by-case analysis. Here, a primary consideration was that the body was funded exclusively by public tax dollars or interest thereon. Additionally, its office was located in the municipal building, it was listed on the city website, the city provided it with clerical support and office supplies, all its assets revert to the city if it ceased to exist, its books were open for city inspection, the mayor and another city official were directors, and it had no clients other than the city. State v. Beaver Dam Area Development Corp., 2008 WI 90, 312 Wis. 2d 84, 752 N.W.2d 295, 06-0662.

19.82 AnnotationA particular group of members of the government compose a governmental body if there is a constitution, statute, ordinance, rule, or order conferring collective power and defining when it exists. To cause a body to exist, the relevant directive must confer upon it the collective responsibilities, authority, power, or duties necessary to a governmental body’s existence under the open meetings law. The creation of a governmental body is not triggered merely by any deliberate meetings involving governmental business between two or more officials. Loosely organized, ad hoc gatherings of government employees, without more, do not constitute governmental bodies. Rather, an entity must exist that has the power to take collective action that the members could not take individually. State ex rel. Krueger v. Appleton Area School District Board of Education, 2017 WI 70, 376 Wis. 2d 239, 898 N.W.2d 35, 15-0231.

19.82 AnnotationWhen a governmental entity adopts a rule authorizing the formation of committees and conferring on them the power to take collective action, such committees are created by rule under sub. (1), and the open meetings law applies to them. Here, a school board provided that the review of educational materials should be done according to the board-approved handbook. The handbook, in turn, authorized the formation of committees with a defined membership and the power to review educational materials and make formal recommendations for board approval. Because the committee in question was formed as one of these committees, pursuant to the authority delegated from the board by rule and the handbook, it was created by rule and therefore was a “governmental body” under sub. (1). State ex rel. Krueger v. Appleton Area School District Board of Education, 2017 WI 70, 376 Wis. 2d 239, 898 N.W.2d 35, 15-0231.

19.82 AnnotationUnder Showers, 135 Wis. 2d 77 (1987), the open meetings law may apply to a walking quorum. A walking quorum is a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum. To establish a walking quorum, a plaintiff must prove that members of a governmental body purposefully engaged in discussions of governmental business and that the discussions were held between a sufficient number of members so as to affect the vote. State ex rel. Zecchino v. Dane County, 2018 WI App 19, 380 Wis. 2d 453, 909 N.W.2d 203, 17-0002.

19.82 AnnotationA municipal public utility commission managing a city owned public electric utility is a governmental body under sub. (1). 65 Atty. Gen. 243.

19.82 AnnotationA “private conference” under s. 118.22 (3) on nonrenewal of a teacher’s contract is a “meeting” within sub. (2). 66 Atty. Gen. 211.

19.82 AnnotationA private home may qualify as a meeting place under sub. (3). 67 Atty. Gen. 125.

19.82 AnnotationA telephone conference call involving members of a governmental body is a “meeting” that must be reasonably accessible to the public, and public notice must be given. 69 Atty. Gen. 143.

19.82 AnnotationA “quasi-governmental corporation” in sub. (1) includes private corporations that closely resemble governmental corporations in function, effect, or status. 80 Atty. Gen. 129.

19.82 AnnotationElection canvassing boards operating under ss. 7.51, 7.53, and 7.60 are governmental bodies subject to the open meetings law—including the public notice, open session, and reasonable public access requirements—when they convene for the purpose of carrying out their statutory canvassing activities, but not when they are gathered only as individual inspectors fulfilling administrative duties. OAG 5-14.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1979–2026 · leading case: State v. Beaver Dam Area Dev. Corp., 2008 WI 90 (Wis. 2008).

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State v. Beaver Dam Area Dev. Corp., 2008 WI 90 (Wis. 2008). · cites it 35× “We determine that an entity is a quasi-governmental corporation within the meaning of Wis. Stat. §§ 19.82 (1) and 19.32(1) if, based on the totality of circumstances, it resembles a governmental corporation in function, effect, or status.”

State Ex Rel. Krueger v. Appleton Area Sch. Dist. Bd. of Educ., 2017 WI 70 (Wis. 2017). · cites it 93× “" Wis. Stat. § 19.82 (1). It also "excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch.”

State Ex Rel. Newspapers Inc. v. Showers, 398 N.W.2d 154 (Wis. 1987). · cites it 10× “That the legislature was aware of the power of one-half of a body is evident by the language of sec. 19.82, Stats., which creates a presumption of government business being conducted when one-half or more are present.”

State Ex Rel. Buswell v. Tomah Area Sch. Dist., 2007 WI 71 (Wis. 2007). · cites it 6× “" Wis. Stat. § 19.82 (1). Because the Board met on June 1 in part to discuss provisions of the TEA master contract, the briefs argue that the Board was not required to follow the notice requirements of the open meetings law.”

Rouse v. Theda Clark Med. Ctr., Inc., 2007 WI 87 (Wis. 2007). · cites it 4× “" Wis. Stat. §§ 19.82 (1), 895.52(1)(a)3. Accordingly, the legislature's omission of the classification of "public body corporate and politic" from the listing of entities in § 893.”

State v. Swanson, 284 N.W.2d 655 (Wis. 1979). · cites it 7× “The defendant concedes that the Committee is a “governmental body” as that term is used in sec. 19.82, Stats. 1 *315 The defendant further concedes that he has the burden of rebutting the presumption that the September 23 meeting was for the purpose of exercising the…”

Plourde Ex Rel. State v. Habhegger, 2006 WI App 147 (Wis. Ct. App. 2006). · cites it 9× “"First, there must be a purpose to engage in governmental business" as specified in Wis. Stat. § 19.82 (2). See Newspapers, Inc.”

State v. Johnson, 2007 WI 32 (Wis. 2007). “, Criminal Practice & Procedure § 19.82 (2006) (citing State v. Douglas, 123 Wis.”

Paulton v. Volkmann, 415 N.W.2d 528 (Wis. Ct. App. 1987). · cites it 5× “The issue is whether under sec. 19.82(2), Stats., the members of the Phelps school board were "meeting” for the purpose of exercising the school board’s responsibilities, authority, power, or duties when they attended a meeting at the Town of Alvin.”

State ex rel. Ozanne v. Fitzgerald, 2011 WI 43 (Wis. 2011). “§ 19.82(1) defines a "[g]overnmental body" as "a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order.”

State Ex Rel. Lawton v. Town of Barton, 2005 WI App 16 (Wis. Ct. App. 2004). · cites it 2× “The fourth count alleged that the town supervisors participated in one or more quorums or "walking" quorums before the April 29 removal meeting with the intent of secretly orchestrating the removal of Lawton from the Town Board and that these quorums or "walking" quorums…”

State Ex Rel. Journal/Sentinel, Inc. v. Pleva, 445 N.W.2d 689 (Wis. Ct. App. 1989). “is not a governmental body as defined in sec. 19.82, Stats., and, further, that the plaintiffs are not third-party beneficiaries under the lease between the City of Milwaukee and Milwaukee World Festival, Inc.”

Show all 17 citing cases →

— Wis. Stat. § 19.82(1) — 6 cases

State v. Beaver Dam Area Dev. Corp., 2008 WI 90 (Wis. 2008). “We determine that an entity is a quasi-governmental corporation within the meaning of Wis. Stat. §§ 19.82 (1) and 19.32(1) if, based on the totality of circumstances, it resembles a governmental corporation in function, effect, or status.”

State Ex Rel. Krueger v. Appleton Area Sch. Dist. Bd. of Educ., 2017 WI 70 (Wis. 2017). “" Wis. Stat. § 19.82 (1). It also "excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch.”

State Ex Rel. Buswell v. Tomah Area Sch. Dist., 2007 WI 71 (Wis. 2007). “" Wis. Stat. § 19.82 (1). Because the Board met on June 1 in part to discuss provisions of the TEA master contract, the briefs argue that the Board was not required to follow the notice requirements of the open meetings law.”

State Ex Rel. Newspapers Inc. v. Showers, 398 N.W.2d 154 (Wis. 1987). “That the legislature was aware of the power of one-half of a body is evident by the language of sec. 19.82, Stats., which creates a presumption of government business being conducted when one-half or more are present.”

— Wis. Stat. § 19.82(2) — 9 cases

State v. Swanson, 284 N.W.2d 655 (Wis. 1979). “The defendant concedes that the Committee is a “governmental body” as that term is used in sec. 19.82, Stats. 1 *315 The defendant further concedes that he has the burden of rebutting the presumption that the September 23 meeting was for the purpose of exercising the…”

Paulton v. Volkmann, 415 N.W.2d 528 (Wis. Ct. App. 1987). “The issue is whether under sec. 19.82(2), Stats., the members of the Phelps school board were "meeting” for the purpose of exercising the school board’s responsibilities, authority, power, or duties when they attended a meeting at the Town of Alvin.”

Plourde Ex Rel. State v. Habhegger, 2006 WI App 147 (Wis. Ct. App. 2006). “"First, there must be a purpose to engage in governmental business" as specified in Wis. Stat. § 19.82 (2). See Newspapers, Inc.”

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