ST. FRANCIS — TMJ4 is taking legal action after the St. Francis School District superintendent, Deborah Kerr, prevented TMJ4 from filming a public school board meeting Monday evening.
TMJ4 believes this a clear violation of Wisconsin's open meetings law.
After sharing the details of the incident with Attorney, Tom Kamenick, he filed a verified open meetings law complaint on behalf of TMJ4 against the St. Francis Public School District and its Board of Education.
This complaint was filed with the Corporation Counsel for Milwaukee County. The office provides "quasi-prosecutorial functions in mental health, guardianship and protective placement, open records requests, and public meetings."
This all started when TMJ4's Megan Lee was set to cover a regular school board meeting in St. Francis on Monday, June 2nd.
Lee planned to attend the open session and see if any parents or community members would speak during public comment about former junior varsity baseball coach Jeff Wuerl.
The district says Wuerl was removed from his position after being arrested by the Milwaukee Police Department.
However, Superintendent Kerr made it clear that Lee and her photographer were not welcome.
"You are not filming our meeting tonight. My board is not prepared for that," Kerr said in a video of her confronting the TMJ4 team.
Watch the full exchange between Megan Lee and Superintendent Kerr
"It's an open board meeting like you said. It's open an open board meeting, but you are not filming," Kerr said.
When Lee asked to see documentation of this policy, she responded, "I'm gonna ask you to leave now, and if you don't leave, I've already told you, I will call the police."
In that moment, Lee felt Kerr was violating Wisconsin State Law 19.90, which states, "Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting."
When Lee tried to work with her, Kerr refused. "No, because I have never had the unprofessional courtesy by a reporter," she said.
Watch: TMJ4 pursues legal action after St. Francis superintendent blocks reporter from filming public meeting
"What are you talking about? I go to board meetings every single week," Lee responded.
"Just showing up, no," Kerr replied.
TMJ4's Attorney, Tom Kamenick, President and Founder of The Wisconsin Transparency Project, believes the superintendent's actions were illegal.
"She was violating the law," Kamenick said.
Kamenick, who specializes in open meetings law, filed the complaint Wednesday afternoon with the Corporation Counsel for Milwaukee County against the school district and Board of Education on our behalf.
"We are asking the equivalent of the district attorney for Milwaukee to bring a prosecution," Kamenick said.
When asked if the superintendent was clearly violating state law, Kamenick said, "she was violating the law in a number of ways."
Kerr repeatedly cited a board bylaw suggesting people should give notice if they plan to record the board's open meetings.
"We don't give notice to anyone," I explained to her.
"Ya know what? We expect notice," Kerr responded.
According to School Board Policy 0167.3, "Recording, filming, or photographing the Board's open meetings by Third Parties is permitted pursuant to 19.90, Wis. Stat. No such recording is permitted during closed session meetings. The person operating the equipment should contact the Superintendent prior to the Board meeting to review the possible placement of the equipment, and must agree to abide by the following conditions"
Kamenick explained why this requirement is also problematic: "They can't do that either. State law is very clear that anybody who wants to can record any public meeting so as long as they are not obstructing the meeting."
As of Wednesday evening, Kerr had not responded to our request for comment regarding the complaint.
However, on Thursday afternoon, Kerr released the following statement addressed to the St. Francis Mariners community, apologizing for the way the situation was handled:
“Dear St. Francis Mariners Community, I am writing to address a recent media story involving a reporter's presence at our recent School Board meeting and the concerns that followed. I understand there may be confusion stemming from the situation, and I want to provide some clarity. Reporters did attend the meeting without recording and were provided with the information they requested. That said, I apologize for the way the situation was handled. In hindsight, I wish I had approached it differently, and I regret any frustration or uncertainty this may have caused. I recognize that the District must always balance transparency with sensitivity, and I am committed to learn and grow from moments like these. My intent during the meeting was to uphold the District's policy while being especially mindful of the impact the situation might have on the individuals and families connected to a recent, serious matter involving a former Junior Varsity Baseball Coach. The safety, privacy, and well-being of our students and families remain my top priority. The St. Francis School District is grounded in its openness, trust, and community engagement. We remain committed to keeping our families informed and supported through honest, thoughtful communication. Thank you for your continued partnership, understanding, and the opportunity to share this update.”
This story was reported on-air by Megan Lee and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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