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Open Records – Evidence; hearsay

Open Records
Evidence; hearsay

In this appeal, the former Manitowoc librarian, Patricia M. Wanninger, argues that summary judgment against her was inappropriate because a genuine issue of material fact exists as to whether she was terminated in an open or closed session meeting of the City of Manitowoc Public Library Board. We disagree—Wanninger’s only evidence that the vote was in closed session is a letter and an e-mail from the city attorney, who did not attend the meeting, stating that the entire meeting was in closed session. The trial court found that both the letter and the e-mail were inadmissible hearsay evidence. We affirm, but on slightly different grounds. We find that, in context, the city attorney’s statements lack probative value as to the issue of whether the Board terminated Wanninger in open or closed session. We also reject Wanninger’s other arguments. Therefore, we affirm. Not recommended for publication in the official reports.

2011AP1059 State of Wisconsin ex rel. Wanninger v. City of Manitowoc Public Library Board

Dist. II, Manitowoc County, Bourke, J., Brown, J.

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