SPLC

The opinion was issued in response to a request filed by University of Wisconsin - Milwaukee journalism students who asked the attorney general in April to determine the applicability of the laws to these student bodies after having difficulty accessing information.

Though the opinion did not state that any specific student organization in the University of Wisconsin system was subject to the open meetings law, the attorney general's guidelines explain that organizations that have "shared governance," or the ability to exercise government authority -- such as University of Wisconsin student governments -- will be considered a governmental body and subject to the law, said Robert Dreps, an attorney with Godfrey and Kahn in Madison, Wisc., who reviewed the student's request for an attorney general opinion.

"The framework he provided makes clear that those organizations that do in fact exercise shared governance authority in the university system are subject to the open meetings law," Dreps said.

Jonathan Anderson, the special projects editor for the UWM Post and one of the students who filed the request, said he views the opinion as a success and feels it will have a positive effect on the Post's coverage of student governments.

"It gives us an argument when we make a records request to a University of Wisconsin - Milwaukee student government. We hope that it makes the process easier when requesting records," he said.

While the opinion of the attorney general is not binding on the University of Wisconsin system, Dreps said it does carry official weight and will be helpful to the student journalists.

"Especially with state governmental entities it is very rare for any to not follow the guidance of the attorney general," he said. "The attorney general is designated by the legislature to interpret and advise on the requirements of the records and meetings laws."

The amount of authority and responsibility a student organization has is also a factor in determining whether it is subject to the state's open meetings and open records laws, as does the purpose for which it's meeting.

"The significance of this is to ensure public oversight, but in particular student oversight over how their segregated fees are spent. Wisconsin gives students substantial authority over substantial funds," Dreps said.

According to a press release distributed by Anderson, "during the 2007-2008 academic year, student governments at UW System campuses budgeted to allocate a minimum combined total of $25,331,296.82 in public funds."

Anderson said he is pleased with the attorney general's thorough opinion.

"We hope that is makes the process easier in requesting records and ensuring that the meetings of student governments are open," he said.

By Julia Chapman, SPLC staff writer