Eau Claire Residents Sue City Council For Closed-Session Meetings On Confluence Project

16 Plaintiffs Say Council Broke State's Open Meetings Law When Discussing Development Agreement For Performing Arts Center

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Image courtesy of Commonweal Development

A group of residents in Eau Claire is suing the city and its city council, alleging the council violated the state’s open meetings law while discussing a proposed $50 million performing arts center in closed session.

The Eau Claire City Council went into closed session twice earlier this year to discuss a proposed three-theater performing arts center known as the “Confluence Project.” According to agendas, the closed sessions were to negotiate terms and conditions of a development agreement with the city.

Now, a group of 16 residents, some of whom have publicly opposed the Confluence, are suing, claiming the city had no right to keep the public out of the negotiations. Attorney John Hibbard said the city wasn’t specific enough explaining why a closed session was necessary.

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“It doesn’t say who they’re negotiating with,” said Hibbard. “It didn’t say what the agreement was about. It was way too broad. I think whenever government is conducted in secret, it’s undemocratic. It takes away the rights of the people to know what their government is doing to or for them.”

The lawsuit requests that all documents from the closed session be turned over to the plaintiffs and that the city pay for legal fees.

Eau Claire City Attorney Stephen Nick said charges against the city and council are without merit.

“The meetings were properly noticed, (and) are the proper subject to closed session,” said Nick. “Again, overall, when you look at the body of public discussion on this issue it’s been perhaps, singularly, the most discussed issue in Eau Claire in the last several decades.”

Nick said that no matter how the lawsuit plays out, it will not hold up the performing arts project in any way. He says public debate on the city’s agreement with the Confluence developer will be held during the October city council meeting at the latest.

The city council has already pledged $5 million to the project.