63 Op. Att'y Gen. 363 (1974)
 
 
63 OAG 363  364  END

13 September 1974

Wisconsin Attorney General Opinion

Industry, Labor And Human Relations,
Department Of;

Open Meeting;

Joint apprenticeship committees, appointed
pursuant to 4 Wis. Adm. Code, Section 85.02,
are governmental bodies within the meaning
of Section 66.77(2)(c), Stats., and subject
to the requirements of the Open Meeting Law
(Section 66.77, Stats.).

PHILIP E. LERMAN, Chairman,
Department of Industry, Labor and Human
Relations

Section 66.77, the so-called Open Meeting
Law, was repealed and recreated by
Chapter 297, Laws of 1973.

You request my opinion as to whether joint
apprenticeship committees are "governmental
bodies" within the meaning of Section
66.77(2)(c), Stats., and thus subject to the
various requirements of the Open Meeting Law.

These committees, composed of citizens
serving without reimbursement, are appointed
by the Department of Industry, Labor and
Human Relations (DILHR) to help carry out its
responsibilities under Chapter 106, Stats.

The committees are nonstatutory and serve
largely in an advisory capacity to DILHR.

Section 66.77(2)(c), Stats.,
provides as follows:

66.77(2)(c) "Governmental body" means

a state or local agency, board, commission,
committee, council or department created by
constitution, statute, ordinance, rule or
order; a municipal or quasi-municipal
corporation; or a formally constituted
subunit of any of the foregoing.
 

Joint apprenticeship committees are appointed
pursuant to DILHR rule 85.02, which outlines
their function and composition.

As committees created by rule, they are
"governmental bodies" within the meaning
of Section 66.77(2)(c), Stats.

63 OAG 363  364  END

Section 66.77(2)(b), Stats., provides:

66.77(2)(b) "Meeting" means

the convening of a governmental body in a
session such that the body is vested with
authority, power, duties or responsibilities
not vested in the individual members.

I see no indication that individual committee
members are possessed of any

"authority, power, duty or responsibility."

However, from the information you supply, it
appears that DILHR has delegated to the
committees "authority and power."

Among those you list are:

   "To establish area standards."

   "To pass upon each new apprenticeship."

   "To encourage parties to indentures to
    bring their complaints and grievances
    before the committee for adjustment."

   "To determine time credit for
    past experience."

   "To certify graduate apprentices."

As a "governmental body" conducting
"meetings," joint apprenticeship committees
fall within the scope of Section 66.77,
Stats., and must comply with the
requirements thereof.

RWW:JEA

63 OAG 363  364  END