A Wisconsin Court of Appeals ruling has outlined multiple violations of the state’s Open Meetings Law during the Elmbrook School Board’s 2020 appointment process, placing responsibility on then-board leadership.
In a published decision, the court found that Board President Scott Wheeler and then–Vice President Jean Lambert knowingly conducted private email voting during a public meeting on May 12, 2020. The ruling overturned a lower-court dismissal and sent the case back for penalties, which were later imposed.
The court concluded that secret voting occurred during an open meeting, that the voting process was altered without public notice, and that vote totals were summarized without disclosing how individual members voted. Judges said these actions deprived the public and other board members of meaningful oversight.
The ruling rejected arguments that the violations were accidental, noting that experienced officials are expected to understand and follow open meetings requirements.
According to court records, the board’s first round of voting produced broad support for Leanne Wied, who received the highest point total under the scoring system outlined earlier in the meeting. Wheeler had previously stated that four or more votes would establish consensus. No motion followed, and the vote totals were not disclosed.
During the voting process, court filings show that Superintendent Mark Hansen privately communicated with Wheeler about vote counting. The court noted that Wheeler and Hansen were the only individuals with access to real-time results. Video evidence showed Wheeler repeatedly looking down while votes were cast, consistent with private communication.
In the final round of voting, Wheeler announced, “Four votes for Mushir, two for Leanne. We have consensus.” However, later records showed the vote was tied. Despite that, Mushir Hassan was appointed.
After a public records request, official minutes were amended to reflect the correct tally. The court criticized the delay and lack of proactive disclosure. (RELATED: Wisconsin Receives Low Marks in Key Economic Report)
Court documents also showed that Wheeler consistently voted for Hassan and did not alter his vote to achieve consensus, despite encouraging others to do so. Emails presented in court indicated that Wheeler and Lambert had discussed conducting private voting in advance.
While Hansen was not named as a defendant, records showed he advised Wheeler on handling tied votes and participated in discussions about deviating from the public process.
Penalties imposed were $50 for Wheeler and $25 for Lambert, along with attorney fees. Judges emphasized that the significance of the case lay in the finding of knowing violations rather than the size of the fines. (RELATED: Steil Unveils “MEGA Act,” a Sweeping Federal Push for Voter ID, Paper Ballots, and Tighter Election Rules)
The decision remains a published appellate ruling and documents a breakdown in transparency during a public appointment process. It continues to be cited in discussions over governance and accountability within the Elmbrook School District.