- Public Accountability • Civic Literacy • Common-Sense Conversations
Vol. 2, Issue No. 13| March 27, 2026 – (1958 words – a nine-minute read)
Non-Disclosure Agreements: If We Told You We’d Have to Silence You
Part II: Commentary: Before You Vote: Why Local Democracy Needs You More Than Ever
Illustration by BS MacInkwell, Hypothetically Speaking Staff Artist
NDAs and Local Government in Rock County: What the Public Deserves to Know
(Janesville WI) — In recent months, few topics have generated more quiet tension inside Rock County government than one specifically designed to keep things quiet: Non-Disclosure Agreements, or NDAs.
They’ve surfaced in Janesville’s GM/JATCO redevelopment push, in Town of Beloit industrial recruitment, and now before the Rock County Board of Supervisors, where members are considering a resolution to restrict or outright prohibit county officials from signing NDAs with private developers.
These aren’t isolated events. They reflect a growing trend and a growing concern that confidentiality is becoming a default rather than an exception in local government dealings.
This is the moment for residents to understand what NDAs are, what they’re supposed to do, what they should never do, and why Rock County’s discussion matters.
Why NDAs Are Showing Up So Often in Rock County
Janesville: The GM/JATCO Problem
Developers and city staff signed NDAs concerning redeveloping the former GM/JATCO corridor, to protect proprietary financial information. However, these NDAs can limit public access to details about tax incentives, infrastructure, remediation costs, and the City Manager’s negotiations, even after secrecy is no longer warranted. In a city known for delays in open records requests, NDAs further restrict transparency until their conditions are fully met.
Town of Beloit: Quiet Pressure at the Border
The Town has signed an NDA with industrial developers wanting to evaluate sites near the Janesville border.
The concern: these agreements sometimes intersect with annexation-related maneuvering, leaving Town officials and residents at an information disadvantage.
Rock County: Considering a Ban
A Board resolution proposes restricting or prohibiting NDAs for county officials unless specifically authorized.
Supporters argue it’s needed because:
- NDAs are expanding beyond legitimate use.
- Staff are pressured to sign them.
- Public decision-making is being restricted.
- Taxpayers are kept in the dark for too long.
Whether the Board adopts it or not, the debate underscores a bigger issue: transparency is eroding one “confidential” conversation at a time.
Fact Statement #1
“Confidentiality protects trade secrets — not government actions.”
How Government NDAs Should Be Written
NDAs involving public officials should be specific, legal, time-bound, and subject to public-records statutes.
Model clauses exist for government NDAs, but agreements from GM/JATCO, Town of Beloit, and Rock County do not follow these practices in all instances. Available NDA copies show these recommendations are rarely adopted by our local authorities.
1. Public Records Exception (Required)
Nothing in this Agreement limits the Government Entity’s obligations under public-records or open-meetings laws. If the law requires release, the information shall be disclosed without liability.
2. Narrow Definition of “Confidential Information”
Confidential Information means only proprietary business information clearly labeled as confidential. Public incentives, infrastructure impacts, remediation needs, policy discussions, and materials for elected bodies are excluded.
3. Time-Limited Duration
Obligations expire 12 months after execution. Information that becomes public through lawful means is no longer confidential.
4. No Restriction on Policy Discussion
Nothing in this Agreement prohibits elected officials from discussing public policy, financial impacts, zoning, or other governmental concerns, provided trade secrets are not disclosed.
5. Authorized Signatory Only
This Agreement is binding only if executed by an official legally authorized to enter confidentiality contracts. No other employee or elected official may bind the Government Entity.
These clauses prevent NDAs from becoming shields for secrecy — a problem repeatedly seen in local development discussions.
Fact Statement #2
“If an NDA hides public spending, it is being misused — full stop.”
Illustration by B.S. MacInkwell, Hypothetically Speaking Staff Artist
Best Practices for Rock County Communities
- Demand NDAs only when true proprietary data is shared.
Not for incentives, land deals, or annexation strategy. - Never allow NDAs to govern decisions involving taxpayer dollars.
- Keep NDAs narrow and time limited.
If it lasts until groundbreaking, it’s not an NDA. It’s a gag order. - Ensure municipal or county attorneys review every NDA.
- Do not allow NDAs to cut elected officials out of key briefings.
- Require public updates once past the preliminary concept phase.
- If a developer insists on extreme secrecy, treat it as a warning sign.
Fact Statement #3
“Secrecy isn’t economic development. It’s a symptom of a process that isn’t working.”
The Bottom Line
The GM/JATCO redevelopment effort, the Town of Beloit development pressure, and the County Board’s debate all point to the same truth:
Too often, NDAs in Rock County are reaching beyond protecting trade secrets and drifting into protecting government decisions from public scrutiny.
A clear, countywide rule that respects transparency above convenience would send the right message:
Public business must be public.
Always.
______________________________________________________________________________
THE SIDEBAR
When NDAs Become a Problem
A quick-reference guide for residents and officials
An NDA becomes problematic when it:
- Covers tax incentives.
- Conceals infrastructure or remediation costs.
- Discussion limits among elected officials.
- Prevents public records release.
- Lacks a time limit.
- It is signed by staff without clear authority.
- Silences policy discussion.
- Extension into annexation strategy.
- Keeps entire proposals secret for months.
- Misdirects information to a small circle of “trusted” insiders.
Safe, right uses include:
- Protecting a developer’s proprietary financial model.
- Guarding non-public trade secrets.
- Sharing early-stage site-selection data.
Remember:
The only legitimate role of an NDA in government is to protect business trade secrets — not to hide public decisions from the people affected by them.
WHAT TO ASK WHEN SOMEONE MENTIONS AN NDA
A quick checklist for residents, reporters, and elected officials
1. What exactly is being kept confidential?
If the answer is “the whole project,” that’s a red flag.
2. Does the NDA include a public-records exception?
If not, it’s inappropriate and unenforceable.
3. Is this protecting trade secrets or just avoiding public scrutiny?
Only one of those is legitimate.
4. Who signed the NDA and were they authorized to?
Unauthorized signings are more common than people think.
5. Does the NDA prevent elected officials from discussing public policy?
If yes, it’s not an NDA. It’s a gag order.
6. Does it cover public incentives, infrastructure costs, or land deals?
Those should never be confidential.
7. Is the confidentiality time-limited?
If the NDA lasts past concept stage (or into construction), something is off.
8. Are multiple authorities being kept in the dark?
A sign the NDA is being used to manipulate negotiations, not protect data.
9. Could this NDA prevent public input at the stage it matters most?
If so, it works against democratic governance.
10. Who benefits from secrecy and who pays for it later?
If taxpayers carry the risk, they deserve transparency.
Letter to the Editor:
Who is this B. S. MacInkwell character, your staff artist and where did he come from and where does he get off? Sincerely Drawing a Blank, Katie in Smithfield
Dear Katie,
You asked who BS MacInkWell is, where he came from, and why we haven’t escorted him off the premises with a firm but loving shove. Fair.
Who is he?
He is our “staff artist,” in the same way raccoons are “urban wildlife.” No one hired him. He simply materialized one morning, already drawing a disturbingly accurate sketch of the city manager doing jazz hands.
Where did he come from?
Legends vary. Some say he crawled out of a malfunctioning copier. Others swore he was raised by a pack of feral pens and pencils. He refuses to clarify, preferring to hand us doodles of tuxedoed rodents.
His background?
Unknown. His résumé is 80% cartoons, 20% coffee stains, and 0% verifiable facts. HR tried to investigate but got hypnotized by his drawing of a squirrel working heavy machinery.
Why do we keep him?
Because every time we consider firing him, he produces a masterpiece so brilliant, chaotic, or legally questionable that we decide it is safer to keep him inside the building. Also, he knows where the good markers are hidden and the plants like him better than they like us.
We hope this clears things up. It won’t. But that’s the BS MacInkWell experience.
Sincerely,
The Hypothetically Speaking Editorial Staff
(Where the art is bold, the coffee is dangerous, and HR is one incident away from a wellness retreat.)
A Hypothetically Speaking Special Series on Local Elections – Special Editorial
March 27, 2026
Before You Vote: Why April 7 May Be the Most Important Election You’ll Ever Ignore
Rock County, let’s not sugarcoat this:
We are sleepwalking toward one of the most consequential elections in years—and doing it with turnout numbers that would embarrass a classroom vote for prom theme.
Every spring election, vital decisions about schools, taxes, courts, local development, and public safety are made by a tiny sliver of our population. Sometimes a dozen people. Sometimes fewer. And the smaller the turnout, the more the decisions tilt toward the well-connected, the well-organized, and the already-in-power.
It doesn’t have to be this way.
But it will be—unless voters intervene on April 7.
Local Elections Are Where Democracy Lives
Unlike the high-profile races in November, our spring elections decide the institutions we interact with every single day. These positions—school board, city council, county board, municipal judge—are officially nonpartisan, not because politics aren’t involved, but because the work itself is not ideological.
There is no liberal or conservative pothole.
There is no partisan snow-removal schedule.
Your water quality, your child’s classroom, your property taxes, your library hours—none of these are red or blue.
When local candidates refuse to take part in public forums, dodge resident questions, or treat community voices as irritation rather than a responsibility, that is not partisanship. That is a warning sign.
And the only real remedy is turnout.
Illustration by B.S. MacInkwell, Hypothetically Speaking Staff Artist
REALITY CHECK:
“When elected officials stop wanting to hear community voices, the only remedy left is for voters to speak louder.”
Why This April Matters More Than Most
This year’s ballot will decide:
• School board majorities
• City council direction on taxes, development, and services
• County Board leadership over public health, human services, and public safety
• Municipal judgeships
• Referendums that could raise—or restrain—local taxes
• Long-term policy direction for Janesville, Beloit, Milton, and every Rock County township
The next decade of local governance will be shaped by who shows up—and who doesn’t.
Why Turnout Is So Low—and Why It Must Change
Spring elections fall into a quiet part of the year. No national media. No rallies. No mailboxes overflowing. The result? Historically, low participation rewards apathy and punishes accountability.
When only 12% of residents vote, government stops being representative.
It becomes convenient. And convenient government is rarely transparent, rarely responsive, and rarely inclined to change course.
This is why Hypothetically Speaking and the Rock County Civics Academy are launching this series: to fight the civic sleepwalking that has let a tiny handful of voters steer the direction of our communities.
Who We Are—and Why We’re Pushing This So Hard
The Rock County Civics Academy exists for one reason:
to build a healthier, stronger, more engaged democracy right here at home.
We do three things:
1. Educate
We break down how local government actually works—school finance, zoning, budgeting, public safety, development, and more.
2. Advocate for Civility and Real Deliberation
We champion public debate grounded in respect, reason, and transparency—not intimidation, stonewalling, or grandstanding.
3. Promote Good Government
Not partisan government.
Not insider-driven government.
Just ethical, accountable, competent leadership.
But none of that matters if citizens don’t take part.
REALITY CHECK NUMBER TWO:
“Nothing changes if turnout doesn’t change.”
April 7: Your Voice Has Never Been Louder
Here’s the irony of local elections:
Your vote matters more because fewer people cast one.
That means your ballot on April 7 has greater influence than any vote you’ll cast in November.
More weight.
More leverage.
More power.
If you’ve ever felt ignored by local leadership—this is the moment to change that.
If you’ve ever been frustrated by decisions made behind closed doors—this is your response.
If you want better schools, safer neighborhoods, fairer taxes, stronger institutions—this is your opportunity.
The Only Wrong Choice Is Not Voting
So, mark your calendar.
Decide.
Bring a friend or a neighbor.
Ask your kids who they’d want on the school board—then go cast the ballot that shapes their classroom.
April 7 is coming fast.
And your community needs you.
Your vote is your voice.
Use it.
Use it loudly.
Use it while it still carries this much power.
Because local democracy doesn’t survive on its own.
It survives because people show up.
And now—it’s your turn.
______________________________________________________________________________
Community Spotlight: Havana Coffee
If you are looking for a place to reflect on your civic journey—or just fuel up before a council meeting—stop by Havana Coffee at 1250 Milton Avenue. It is a true Janesville gem, where espresso meets engagement.
Nowlan Law Firm and Attorney Tim Lindau
We also extend our thanks to Attorney Tim Lindau and the Nowlan Law Firm for their support of civic education and democratic renewal. Tim’s encouragement—and his belief in the power of our mission.
We are excited to introduce the John and Lynn Westphal Family as the newest member of our growing list of sponsors. John and Lynn are deeply committed to this community and its future. Their support for the Rock County Civics Academy and our programs strengthens the outlook for a better Rock County community.
Together, with partners like Havana, Nowlan Law, and the John and Lynn Westphal family, we are building a culture of engagement that honors both tradition and transformation.
HYPOTHETICALLY SPEAKING: Where ideas meet action—and citizens shape the future.
What if transparency was the norm, not the exception?
What if civic engagement became Rock County’s defining strength?
Every movement begins when someone decides “now is the time.” That someone could be you.
A CALL TO LEADERSHIP
Leadership isn’t about ego—it’s about service.
It’s showing up, listening deeply, and acting with purpose.
Three ways to begin:
• Volunteer with a civic group
• Serve on a local board or commission
• Run for public office and lead the change.
“If not you, who? If not now, when?” — Hillel the Elder
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FINAL THOUGHT
Democracy is a skill—one that strengthens with practice.
7
Stay curious. Stay engaged. Stay connected.
Because the next chapter of Rock County’s story is being written—right now.
©2026 Rock County Civics Academy
Produced in partnership with the Rock County Civics Academy to promote open dialogue, ethical leadership, and civic participation across Wisconsin’s heartland. Publisher/Editor: RH Gruber, Illustrations by B. S. MacInkwell. Published by CSI of Wisconsin, Inc. P. O. Box 8082, Janesville WI 53547-8082
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