Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 3/22/2000
Status: Precedential
Modified Date: 7/5/2016
The Honorable Sam D. Leake Representative, District 9 State Capitol Building Jefferson City, MO 65101
SUNSHINE LAW: A public governmental body may PURCHASE OF LAND: decide in closed session pursuant to Section
Dear Representative Leake:
This opinion is in response to your question:
May a municipality enter into an option contract to purchase real estate which contract specifically states the purchase price of the real estate if said option is exercised in closed session pursuant to Section 610.02, RSMo. (part of the Sunshine Law) and keep the vote and records relating to said real estate transaction closed and keep the same from being made public until 72 hours after that option is exercised or actual purchase is completed or does Section
610.021 (2) require the minutes vote or public record approving the option contract to be made public within 72 hours after the execution of the actual contract?
Section
(2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public within seventy-two hours after execution of the lease, purchase or sale of the real estate;
Before reviewing the particular question posed, a review of Chapter 610 RSMo, the Sunshine Law, is in order. It is the expressed view of the General Assembly that the public policy of this state is that meetings, records and votes of public governmental bodies are to be open to the public unless otherwise specified and that those exceptions are to be strictly construed. Section
A municipality is a public governmental body. Section
Section
(2) Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public within seventy-two hours after execution of the lease, purchase or sale of the real estate;
The information supplied to this office indicates that a city desires to enter into an option contract to purchase some real estate. The price for the property, if the option is exercised, would be set. However, some members of the city council apparently want to keep from disclosing the contract price until after the option to purchase is exercised.
The city council can only close meetings, records or votes as provided in Chapter 610 RSMo. Under the circumstances you have described if the city council can justify that the purchase price of the property it seeks to obtain will be affected by discussions in open sessions, it can go into closed sessions by abiding by the provisions of Section
We find no justification for keeping from the public the provisions of such an option contract beyond the seventy-two hour time period in Section
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General